(A) Lien. In the event that such charges are not paid within 30 days after the date of the bill for such service, such charges shall be deemed and hereby are declared to be delinquent and, thereafter, such delinquencies shall constitute liens upon the real estate for which service is supplied. The city shall send to the owner or owners of record of the real estate, as referenced by the taxpayer’s identification number: (i) a delinquency notice sufficient to inform the owner or owners of record, as referenced by the taxpayer’s identification number, that the charges or rates have become delinquent and are due in full to prevent disconnection of service by the city, and (ii) a notice that failure to pay all unpaid account charges or rates may create a lien on the real estate under this section. Such lien shall be subject to the rights of any purchaser, mortgagee, judgment creditor, or other lien holder arising prior to the filing of the notice of such a lien in the office of the Recorder of Deeds of Jo Daviess County. This notice shall consist of a sworn statement setting out (1) a description of such real estate sufficient for the identification thereof, (2) the amount of money due for such service, and (3) the date when such amount became delinquent. The City Clerk shall send a copy of the notice of the lien to the owner or owners of record of the real estate, as referenced by the taxpayer’s identification number by registered mail, return receipt requested. The city may foreclose this lien in the same manner and with the same effect as in the foreclosure of mortgages on real estate. The city may, from time to time, sue the owner of record or occupant or user of the real estate in a civil action to recover the money due for services rendered, plus a reasonable attorney’s fee, to be fixed by the court. Whenever a judgment is entered in such a civil action the foregoing provisions in this section with respect to filing sworn statements of such delinquencies in the office of the Recorder and creating a lien against the real estate shall not be effective thereafter as to charges sued upon and no lien shall exist thereafter against the real estate for the delinquency. Judgment in such a civil action operates as a release and waiver of the lien for the amount of the judgment.
(B) Repayment contract. Users who become delinquent with payments and cannot make the payment in full, may at the city’s sole discretion enter into a repayment contract with the city. Said agreement shall set forth the terms of the repayment of delinquent charges as well as penalties to be charged therein. The city shall consider the financial status of the use, frequency of delinquencies and the amount of charges due the city in determining whether to offer a repayment contract to the user. In no case shall the repayment term exceed six months. Users failure to abide by the agreement shall void the contract, accelerate amounts due and subject the user to a water shutoff without further notice.
(C) Deposits required. The city may require a cash deposit as set by the city of those consumers who are frequently delinquent with their payments. For the purposes of this division, FREQUENTLY DELINQUENT means not being current with service charges for three billing periods in any fiscal year.
(D) Hearing procedure.
(1) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(a) That all bills are due and payable on or before the date set forth on the bill;
(b) That if any bill is not paid by or before that date, service will be discontinued; and
(c) That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
(2) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
(3) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in an amount to be set by the City Council from time to time by resolution or ordinance.
(Ord. O-09-20, passed 8-24-09; Am. Ord. O-12-04, passed 3-26-12) Penalty, see § 51.999