§ 52.35 BASIS OF SEWER SERVICE CHARGE.
   (A)   Authority.  
      (1)   The village shall have the authority to establish and collect a sewer service charge for the use of the wastewater treatment works maintained and operated by the village.
      (2)   It shall be the policy of the village to obtain sufficient revenues through a user charge system to pay for the costs of annual debt retirement, operation and maintenance expenses, replacement account, administration costs and any other related costs. The user charge system (UCS) shall assure that each user of the wastewater treatment works pay an equitable share of all costs necessary to operate the utility. These charges are to be reviewed annually and all excess revenues shall be applied to the replacement account. The initial user charge system shall be as set forth in this subchapter, which may then be changed from time to time by the village, with the then current resolution to be included in the appendix attached to the ordinance establishing this subchapter, which is hereby adopted by reference as if set out in full herein.
   (B)   Classes of users.
      (1)   For the purpose of billing there shall be two classes of users:
         (a)   Industrial, being any industry that has wastewater strength in excess of domestic; and
         (b)   Residential (this includes residential, commercial, institutional, public authority and any industry that discharges domestic strength wastewater).
      (2)   All users will pay at the residential rate plus any appropriate surcharges.
   (C)   Usage. The service charge shall be based on water or wastewater meter readings, when available. When such meter readings are unavailable, the service charges will be a flat charge based on the estimate. This estimate shall be 12,000 gallons per quarter. Where the flat charge must be used, it will be paid for the full quarter and shall not be prorated.
   (D)   Debt service charge. All or a portion of the charges incurred for debts for capital improvements for the wastewater treatment works shall be paid for by a debt service charge, which is a part of the total sewer service charge. The amount of this charge will be reviewed when required and adopted by resolution.
   (E)   Minimum charge. The minimum charge per connection shall be the administration charge based upon meter size, plus the debt service charge based upon meter size plus capital improvements cost based upon meter size. This charge will be made regardless of the amount of use but credits the user a minimum of 2,000 gallons and shall be adopted by resolution (this is referred to as a standby charge under Wis. Stats. § 66.0821(4)(b)).
   (F)   Replacement fund charge (short-lived assets). This charge represents the total yearly replacement cost necessary to cover the expenditures for replacement and installation of equipment, accessories or appurtenances that are necessary to maintain the capacity and performances during the service life of the wastewater treatment works for which such works were designed and constructed.
   (G)   Administration charge. All or a portion of the costs related to the cost of billing, collection, administration of accounts, insurance, outside services and administration of the Sewer Utility.
   (H)   Operation and maintenance charge. Operation and maintenance charge shall be the sum of all non-fixed annual costs, such as but not limited to: labor, electrical power, testing, supplies, repairs, maintenance, chemicals, fees and the like.
   (I)   Capital improvements charge. Capital improvements charge shall be the sum of all annual costs spent on construction projects that are not financed through the debt service charge.
   (J)   Surcharge. Surcharge is an additional fee charged per pound of BOD, SS and phosphorus discharged in excess of domestic strength.
   (K)   Treatment charge. Treatment charge is the sum of operation and maintenance costs, plus replacement fund costs expressed as a charge per 1,000 gallons of use.
   (L)   User charge. The user charge for all users discharging domestic wastewater shall be based on a minimum charge per meter size, plus the treatment charge according to the volume used. Those discharging wastewater in excess of domestic strength shall also pay the surcharges. The amount of this charge will be reviewed annually and adopted by resolution.
   (M)   Billing periods. The total sewer service charge shall be billed quarterly. The due date shall be as set forth on the quarterly bill.
   (N)   Late penalties. Charges levied in accordance with this section shall be a debt due to the village and shall be a lien upon the property. If this debt is not paid within 30 days after it is due and payable, it shall be deemed delinquent, and a late payment charge is added. The late payment charge is equal to 1.5% per month. This debt may then be recovered by civil action in the name of the village against the property owner, the person or both. If delinquent payments are not received by November 1 of the calendar year, a 10% charge shall be added to delinquent bills. Thereafter, if payment is not received prior to November 15, the delinquent bill will be forwarded to the county for placement on the succeeding tax roll.
   (O)   Failure to pay, removal or closure of connection, restoration of service.
      (1)   In the event of failure to pay sewer service charges after they become delinquent, the village shall have the right to remove or close sewer connections and enter upon the property for accomplishing such purposes.
      (2)   The expense of such removal or closing, as well as the expense of restoring service, shall likewise be a debt to the village and a tax lien upon the property, and may be recovered by a civil action in the name of the village against the property owner, the person or both.
      (3)   Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration shall have been paid.
      (4)   Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties.
(Ord. passed 9- -2011)