All water charges for water consumed shall be due and payable to the City of Deary between the first day and the fifteenth day of each month. In the event payment is not timely made the following procedure shall be conducted:
A. On the first business day following the last day for timely payment the City Clerk shall add a late charge, which each owner shall pay in addition to the amount of the water charges. The amount of any said late charge shall be set by the City Council.
B. On the nineteenth day of each month the City Clerk shall prepare and deliver a list showing all owners whose water charge and late charge remain unpaid to the Mayor or Water Commissioner.
C. On the twentieth day of each month the City Clerk shall cause a notice of delinquency to be served on each property owner whose water charges and late charges remain unpaid. Upon service, the City Clerk shall add all mailing charges at the current United States Postal Service rates which shall be paid by each owner to whom the notice of delinquency is mailed or served. Service can be made by letter, leaving the notice at the premises of the owner or by personal delivery. The notice of delinquency shall include the name of the owner, a statement that the water charges have not been paid and the amount of the payment due including the late charge.
D. On the sixteenth day of the month following the service of the notice of delinquency the City Clerk shall cause to be served as set forth in subsection C of this section, to the nonpaying owner of the premises a second notice of delinquency. Upon the service of a second notice of delinquency, the City Clerk shall add any costs for said service at the current rates which shall be paid by each owner to whom the second notice of delinquency is mailed. The second notice of delinquency shall include the following:
1. The name of the owner;
2. A statement that the water charges have not been paid;
3. The amount of all water charges due, including the late charge or charges and the mailing charge or charges;
4. A statement that unless the full amount due is paid on or before the last day of the month the water service will be discontinued and the water will be shut off;
5. A statement that if the water is shut off it will not be turned on until the past due water charges are paid in full, including the late charge, plus a charge to be set by resolution of the City Council for reinstatement of water service plus a deposit to be set by City Council as security for the payment of future water charges which sum shall be applied against subsequent unpaid water charges before a notice of delinquency is issued.
6. A statement that the owner may, before the last day of the month, contact the City Clerk and request that such owner be placed on the agenda of the next regular Council meeting to give any reasons that the water should not be shut off and thereby may delay the shutting off of the water prior to such regular meeting.
E. Prior to the regular Council meeting of the City Council each month, the City Clerk shall prepare a list of all owners who have been mailed a second notice of delinquency and who have failed to pay the water charges and all other charges referenced in such second notice of delinquency. The City Clerk shall deliver such list to the Water Commissioner or his/her representative prior to or at the next regular Council meeting of the Deary City Council, who shall cause the water service of each such owner who has failed to pay to be discontinued by shutting off the flow of water to the premises unless otherwise directed as a result of a hearing in accordance with section 13.12.140 of this chapter. (Ord. 358, 2011)