§ 51.72 BILLING OF SERVICE CHARGES.
   (A)   Billing period. User charges for sewer service shall be prepared and billed each month by the city and shall be payable to the City Controller’s office no later than the date reflected on the user’s monthly bill.
   (B)   Liability for payment. The rates and charges for all owner-occupied properties shall be billed to the owner of the property. The rates and charges may be billed to the tenant of rental properties served by the sewage works. Such billing of rental properties shall in no way relieve the owner of the property from liability in the event payment is not made as herein required, nor does such billing restrict the city from any collection procedures, including filing of liens in accordance with the Indiana Code. The owners of properties which are occupied by a tenant or tenants shall have the right to examine the collection records of the city for the purpose of determining whether bills have been paid by such tenant or tenants, provided that such examination shall be made at the office of the Controller during the hours that such office is open for business.
   (C)   First billings. The first billing for sewer service shall be rendered 90 days after the date of the official notice to connect to the sewer system for one and two family residential permits which shall be at the time of issuance of a structural building permit. Multi-family and commercial billings shall begin at the time of notification of water connection. A Certificate of Occupancy shall not be issued until such time as the Controller has been notified to initiate the billing process. The fees, rates, charges and surcharges fixed in this chapter shall be extended to and cover any additional premises hereafter served without the need for any hearing or notice.
   (D)   City subject to charges. For sewage service rendered to the city, the city shall be subject to the same user charges established in this chapter for other persons or to user charges established in harmony herewith.
   (E)   Late fees. All fees, rates and charges not paid when due are hereby declared to be delinquent, and a penalty of 10% of the amount of the fees, rates or charges shall thereupon attach thereto. The time at which the fees, rates or charges are due is now fixed at 30 days from the end of the previous billing cycle. Late fees may be waived by the Controller’s office based on criteria approved by the Board of Public Works and Safety.
   (F)   Deposits to ensure payment of sewer funds; refunds; forfeitures.
      (1)   The Controller’s office may require the owner, lessee, or user of property served by the sewage works to pay a deposit to ensure payment of sewer fees, based on criteria approved by the Board of Public Works and Safety.
      (2)   The deposit required shall equal the estimated average payment due from the property served by the utility for a period not to exceed three months, as determined by criteria approved by the Board of Public Works and Safety. Deposits shall be retained in a separate fund.
      (3)   The deposit, less any outstanding penalties and service fees, shall be refunded to the depositor after a notarized statement from the depositor that as of a certain date the property being served: (a) has been conveyed or transferred to another person; or (b) no longer uses or is connected with any part of the municipal sewage system. A statement under (a) must include the name and address of the person to whom the property is conveyed or transferred.
      (4)   If a depositor fails to satisfy costs and fees within 60 days after the termination of the depositor's use or ownership of the property served, the depositor forfeits the depositor's deposit and all accrued interest. The forfeited amount shall be applied to the depositor's outstanding fees.
      (5)   A deposit may be used to satisfy all or part of any judgment awarded the municipality under this chapter.
      (6)   A deposit made under this section that has remained unclaimed by the depositor for more than seven years after the termination of the services for which the deposit was made becomes the property of the City of Fishers.
(Ord. 05-04-81, passed 5-4-81; Am. Ord. 060497D, passed 7-16-97; Am. Ord. 091514A, passed 11-17-14; Am. Ord. 061923, passed 7-12-23)