A. Rates; Nonpayment; Reconnection Charges: The minimum charge for water used by consumers inside the City limits of the City shall be set and/or amended by City Council in the fee schedule. Discontinuance of service for nonpayment; reconnection charges; deposit to be increased.
1. Applicability: Water service shall be discontinued for any person who owes a past due and delinquent utility account who is a recipient, beneficiary or consumer of water whether such account is offered by some other name or not.
2. Amount Due; Reconnection Charge; Deposit: The gross amount due shall be the current utility bill plus the penalty and any arrears. If the utility bill, penalty and arrears are not paid in full by the past due date, water service shall be subject to being discontinued and if discontinued there shall be a reconnect charge. The reconnect charge shall be set and/or amended by City Council in the fee schedule. No water service shall be reestablished until all bills are paid or payment arrangements are made. Furthermore, the amount required for deposit will be double, based upon the current prevailing deposit rates.
3. Resetting Of Meter: If the City determines that a meter or any other related property should be removed from a customer's premises to prevent the unauthorized taking of City water services, a meter reset charge will be assessed to the customer's account for resetting the meter. The meter reset charge shall be set and/or amended by City Council in the fee schedule.
B. Dishonored Checks: For the purpose of defraying bookkeeping costs and expenses, a dishonored check charge shall be levied, which shall become a part of the account of any customer in the City when any check, given in payment of water, sewer, sanitation or other service charges, is returned from the bank refused for any reason. A returned check is considered nonpayment of a bill. The dishonored check charge shall be set and/or amended by City Council in the fee schedule. The penalty outlined in subsection C2 of this section shall apply.
Further, failure to replace the returned check with cash or certified/cashier's check before twelve o'clock (12:00) noon (time) on the next working day after notification that the check has been returned will result in immediate disconnection of utility service without further notice, unless arrangements are made in writing and approved by the City or authority. In the event two (2) such returned checks are made to the City for utility service within any last preceding twelve (12) month period, payment of each monthly bill by such customer shall be made and accepted only when tendered by certified/cashier's check, cash or money order.
C. Collection Remedies:
1. Default: On utility accounts which are found to be in default, the City Clerk or his/her designee may institute all collection remedies available to the City, including, but not limited to, collection agency services and garnishment or execution on property, if the City obtains a judgment against the customer in a suit to collect money owed. If such suit is filed, the court cost shall be included in the suit as money owed.
2. Late Fees; Penalties:
a. Utility due date is the fifth of each month with delinquent penalty applying after the tenth.
b. After the tenth of the month, late fee penalties will be assessed on the "current" past due unpaid balance. The late fee shall be set and/or amended by City Council in the fee schedule.
D. Collection Agency Policy: After water service has been disconnected, the customer will be sent a notice after sixty (60) days of delinquency that their account shall be turned over to a collection agency thirty (30) days from the date of said notice.
E. Providing False Information To Avoid Charges: If the City Clerk or his/her designee receives sufficient evidence to indicate that a customer has provided false information to establish service at a new location to avoid the payment of charges owing at a previous location, the City shall transfer the charges owed to the current account, and the charges shall become a part of the customer's utility bill at which time the entire bill becomes subject to the City's payment policy.
F. Evidence Of Water Diversion: Proof of the existence of, or an attempt to create, any bypass, tampering or unauthorized metering shall be deemed prima facie evidence that the person responsible for the water account at the premises where such bypass, tampering or unauthorized metering, or an attempt thereof, is proven to exist had knowledge of the bypass, tampering or unauthorized metering, or an attempt thereof.
G. Two Meters Serving Single Premises: In all cases where a water consumer's piping or plumbing is divided, necessitating the use of two (2) or more meters, each meter shall be handled and regarded as for separate and distinct consumers, to each of which will apply the regular water rates and minimum charges, until such plumbing or piping is so arranged as to permit the use of but one meter. Under no circumstances shall the consumption shown by the two (2) or more meters in use by the same consumer be added or lumped together in order to reduce the net sum due the City.
H. Fines And Civil Penalties: Any user who is found to have violated an order of the City Council or who failed to comply with any provision of this chapter and the orders, rules, regulations and permits issued hereunder shall be fined up to five hundred dollars ($500.00), including costs, for each offense. Each day on which a violation shall occur or continue shall be deemed a separate and distinct offense. In addition to the penalties provided herein, the City may recover reasonable technical and administrative costs, punitive damages of at least one hundred dollars ($100.00), attorney fees, court costs, court reporter fees and other expenses of litigation by appropriate suit at law against the person found to have violated this chapter or the orders, rules, regulations and permits issued hereunder, as well as being subject to any civil or criminal remedies as provided by State law. (Ord. 16-3-3, 3-7-2016)