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§ 50.37 VOTE BY PROPERTY OWNERS.
   The property owners affected will then have the right to vote on whether or not they wish to proceed with the project. If 61% or more of the affected property owners wish to proceed, then the Board of Works will then follow the applicable state statutes for construction of public improvements and complete the project accordingly.
(Prior Code, § 49.32) (Ord. 1989-21, passed 11-7-1989)
PROCEDURE FOR BILLING FOR CITY SERVICES
§ 50.40 BILLING.
   The city shall invoice on a monthly basis for sanitation services, fire protection services, storm water utility services, water utility services and sewage utility services in amounts set forth in Chapters 51 through 54 of this code. Services provided to each lot, parcel of real estate, or building which benefits from such services shall be billed on a combined statement, hereinafter referred to as the utility bill, which statement shall contain a breakdown of charges for each service and which statement shall contain a payment due date. The utility bill shall be invoiced to the owner at the billing address shown on the Adams County, Indiana property tax card, unless a different billing address is on file with the city. The owner of the lot, parcel of real estate, or building which benefits from utility or other included city services identified on the utility bill shall be liable to the city for such invoiced services, regardless of whether the property is occupied by the owner. The city, at the city's discretion, may allow such services to be billed to an occupant at the owner's and occupant's request, which requests shall be made on forms approved by the Board of Public Works and Safety and which forms shall be available through the city. Provided, however, in such case, the owner and occupant of a property shall remain jointly and severally liable to the city for any unpaid utility bills billed to an occupant, notwithstanding any lease or contract terms to the contrary. In the event payment of an invoice is not received in full before discontinuance or disconnection of a city service to a property, or in the event a request is made to transfer services to a successor owner, services shall not be restored to said property or transferred until such time as payment of all outstanding invoiced amounts, including reconnect fees, if any, have been paid in full. Liability shall follow the property, shall remain the liability of the current owner and shall become the joint and several liability of any successor owner if unpaid utility bills are not paid by the prior owner at the time record ownership is transferred to a successor owner. In addition, the city reserves the right to refuse to provide city services to a lot, parcel of real estate or building owned, in part or outright, or occupied by a person or legal entity which owes the city for city services provided to such person or legal entity at a different lot, parcel of real estate or building until such time as all outstanding amounts due to the city for such services are paid in full.
(Ord. 2018-15, passed 8-7-2018)
§ 50.41 NOTICE AND REMEDY IN EVENT OF NON-PAYMENT.
   In the event utility and other included city services provided to a lot, parcel of real estate, or building, as shown on the utility bill, remain unpaid for more than 30 days from the original due date, a shut off notice of service and discontinuance of services shall be posted at the lot, parcel of real estate, or building. Failure on the part of the owner or occupant to pay in full unpaid utility bills, including late fees, within ten days of the date of such notice shall result in the shut off of water service and discontinuance of other services to said lot, parcel of real estate, or building, regardless of occupancy. Such services shall not be restored to such lot, parcel of real estate, or building until such time as all outstanding amounts invoiced for services to such lot, parcel of real estate, or building, including reconnect fees, have been paid in full. The remedy for non-payment of a utility bill as set forth herein shall be in addition to any other remedy set forth in Chapters 51 through 54 of this code.
(Ord. 2018-15, passed 8-7-2018)
§ 50.42 BILLING RECORDS.
   The city’s billing records shall include invoices, payment history, and forms filed with the city by an owner of property and an occupant of such property, other than the owner, which requests and authorizes city services included on the city’s utility bill to be invoiced to the occupant rather than the owner.
(Ord. 2019-5, passed 5-21-2019)
§ 50.43 CUSTOMER.
   For purposes of this chapter, the owner of property to which city services are provided and the authorized occupant of such property, other than the owner, who are jointly and severally liable for city services invoiced on a city utility bill, as shown in the city’s billing records, are customers of the city.
(Ord. 2019-5, passed 5-21-2019)