(A) The person in whose name any city utility service(s) to a premises is billed, the occupant of the premises, the owner of the premises and the user of the service shall be jointly and severally liable to pay for such service, and the service(s) is furnished to the premises by the city only upon the condition that said persons are jointly and severally liable therefore to the city.
(B) Regular bill (white). Water, sewer and solid waste service charges (hereinafter referred to collectively as utility services) shall be sent using a white post card on or near the first day of the month succeeding the monthly period for which service was supplied. All bills for utility services shall be due and payable for the period that the service is billed, not later than the close of business on the twentieth day after bills have been sent.
(C) Penalty bill (yellow). If payment of the full amount of the bill is not made by the due date of the white post card bill, then a penalty of 10% of the amount of the balance of the utility services bill will be added to the amount due. The billing addressee will be notified of the 10% penalty by the mailing of a yellow post card, which will allow an additional five days for the bill plus the penalty to be paid. If the billing addressee is a tenant, the owner will be sent a notice informing the owner that the tenant is overdue on the utility services billing and the consequences if the bill is not paid. If in the opinion of the City Administrator or his or her designee, the balance owed is not of a sufficiently large amount to justify the administrative costs required to collect said balance, the balance can be retained on the account and will become payable on rendition of the next bill. Such determination to retain balances on account will be made following guidelines put forth by the City Administrator in a standing order. Said standing order may be amended from time to time as is determined by the City Administrator to be prudent. If upon expiration of the five day grace period the bill remains unpaid, the landlord may provide notice to the city, upon such form as provided by the city, to suspend service.
(D) Termination warning (red). If payment of the full amount of the bill plus penalty is not made by the due date of the yellow post card bill, then a red tag will be attached to the front door of the service address warning that the water service will be shut off if the full amount of the bill including penalties and the red tag fee is not paid by 12:00 noon the next working day. The city may proceed with termination of water service at 12:01 the next working day following the termination warning unless the person so notified shall request a hearing prior to 12:00 noon the next working day following the day that the termination warning is attached to the front door of the service address. The hearing shall be held by the City Administrator or a person so designated. Unless the hearing officer determines that the proposed termination is not justified, or unless other arrangements for payment of the bill are approved by the City Administrator or his or her designee, the city may proceed with termination of the water service on the date stated in the termination notice.
(E) Shut off.
(1) In the event the charges for utility services, penalties and fees are not paid as demanded by the red termination warning, such service shall be immediately terminated and shall not be reinstated until all past-due bills, including the penalties and red tag fee, (as established by separate ordinance), are paid in full or other arrangements for the payment of the obligation are approved by the City Administrator or person so designated. If the premises is occupied by a tenant, the owner shall be informed in writing that the water has been shut off and that the past-due bill, penalties, fees and the current bill must be paid in ten days.
(2) All shut off provisions in this chapter shall apply equally to anyone using water only service, anyone using sewer only service, or anyone using water and sewer service. The city has the option to shut off either water or sewer service or both in its sole discretion in the event that utility services may be terminated or shut off pursuant to the terms of this chapter. If the city elects at its option to discontinue sewer service, the city may cap the sewer service to the customer’s property and the property owner and user shall be responsible for all expenses incurred by the city in capping the sewer line.
(F) Reconnection of service. In the event that water services are terminated for nonpayment of rates or charges for water, sewer or solid waste services, there shall be a reconnection fee paid for reconnecting such service, plus all costs incurred in filing and recording of any lien upon the real estate.
(G) Delinquent bill. In the event the charges for service are not paid as required by this chapter, such charges shall be deemed and are hereby declared to be delinquent, and thereafter such delinquencies shall constitute liens upon the real estate for which such service was supplied, and the City Clerk is hereby authorized to file sworn statements showing such delinquencies in the office of the County Recorder of Deeds, and the filing of such statements in the pertinent office shall be deemed notice for the payment of such charges for such service. The City Clerk may, in lieu of filing a lien upon the property, refer the delinquent bill to the City Attorney for the purpose of filing a claim in small claims court for the collection of said delinquent bill.
(H) Payment date. All payments made on any obligations required by or pursuant to the terms of this title shall be deemed paid on the date the payment is received by the city, except that all payments received after 3:00 p.m., central time, on a business day, shall be considered paid on the following business day. A business day is a day in which the city offices are open for business to the general public.
(I) Payment plan policy. Notwithstanding anything to the contrary in this code, a payment plan policy is hereby established. The payment plan policy shall be administered by the City Administrator or his or her designee. The policy shall be defined and adopted by the Administrator in a standing order as may be amended from time to time in the determination of the Administrator and approved by the City Council. The policy may grant the Administrator the power to permit an applicant to make the payment of any delinquent water, sewer or solid waste service charges on an installment basis and the power to waive any penalty, shut off charge or fee that may be required under this code.
(Ord. 1122, passed 12-20-99; Am. Ord. 1137, passed 8-7-00; Am. Ord. 1162, passed 6-19-01)