§ 50.29 DELINQUENT CHARGES.
   (A)   A billing shall be delinquent if payment is not received before the close of business on or before the twentieth day of the month by the Utilities Receipts Depository, which shall be on file in the office of the City Finance Officer. If the twentieth day falls on a weekend or other day on which the said Depository is closed for business, a billing shall be considered delinquent if payment is not received by the close of the next business day for said Depository. If a billing is considered delinquent as hereinbefore set forth, a penalty shall apply as adopted by a resolution of the City Council, which amount of penalty shall be on file in the office of the City Finance Officer.
   (B)   In addition to the penalties imposed above, the City Finance Officer, and/or Assistant(s) and the Superintendent of Public Utilities may take the following action with regard to delinquent billings.
      (1)   If payment is not received by the Utilities Receipts Depository before the close of business day on the fifth day of the month immediately following the initial billing or close of business on the next regular business day for the said Depository, a notice will be sent on the second day of the month, or as soon thereafter as may be practical to the consumer notifying them of the date of disconnection. The date of disconnection, as set forth by the City Council, shall be on the fifth day of the month following notification.
      (2)   The city may, in addition to any payments and penalties to be paid by the consumer or owner of the property, require that a deposit of sufficient amount be forwarded to the city through the City Finance Office or Utilities Receipts Depository to assure future payment of utility bills. Said notification shall clearly state that failure to comply with said notification will result in immediate disconnection of utility services, and any reinstatement of services may require that both a deposit, as determined by the City Council, and a standard connection fee or service fee will be paid prior to any reinstatement of utility services.
      (3)   If payment of all utilities is not made by the consumer or the owner, if such person be a different person than the consumer, then the Superintendent of Public Utilities shall terminate water service to the property before 12:00 p.m., or as soon thereafter as practical on the date as set forth in 16-1-3 B; but such action shall not relieve the consumer or owner of the property of the duty to pay any delinquent amounts and penalties owing.
      (4)   If the consumer or the owner is served with a personal disconnection notice three times within a calendar year, he or she will be assessed an additional service fee on each personal notification thereafter.
      (5)   In accordance with SDCL § 34A-6-29, the city may certify delinquent balance on past due utility bills not paid prior to September 30, plus interest, to the County Treasurer, to be collected as assessments and will be collected by the County Treasurer in the following year as a condition precedent to the payments of the real property tax on the lot or parcel with respect to which the charge was made.
(Ord. 517, passed 9-15-1997; Ord. 612, passed 4-8-2013)