§ 53.80 PAYMENT.
   (A)   All fees and charges payable under the provisions of this chapter shall be paid to the town. Those fees and charges shall be as set forth in § 53.83.
   (B)   All fees and charges payable under the provisions of this chapter are due and payable as outlined in this chapter. Unpaid fees and charges shall become delinquent and shall be subject to penalty and interest charges as outlined in this chapter.
   (C)   All fees and charges payable under the provisions of this chapter are due and payable on the receipt of notice of charges. Unpaid charges shall become delinquent and shall be subject to penalty and interest charges as outlined in this chapter.
   (D)   Water which is used in the process of manufacturing, or for any other purpose, which does not discharge into the public sewer system shall be exempt from charges, providing, however, that the property owner shall install the necessary meters to indicate the amount of water which does not discharge into the public sewer system of the town, which meter shall be subject to the approval of the Council.
   (E)   Where a metered water supply is used for fire protection, as well as for other uses, the town may, in its discretion, make adjustments in the minimum charge and in the use charge as may be equitable. In those cases, the burden of proof as to the type of water usage shall be upon the user.
   (F)   (1)   In the case of apartment houses, multiple dwellings, and trailer courts, each apartment, dwelling, and trailer shall be considered a separate unit for billing purposes. Where the physical structure of an apartment house, multiple dwelling, or trailer court is such that it would be impractical to meter separately each unit for water and more than one unit is metered by a single meter, then the amount of monthly sewer bill shall be computed as follows:
         (a)   The minimum charge will be the current service charge multiplied by the number of units; and
         (b)   The metered charge shall be calculated on the basis of the total gallons used at the current rate.
      (2)   In the case of business houses occupied by more than one business, the number of units for billing purposes shall be the number of businesses occupying the business house, provided that each are separately metered. Where the physical structure is such that it would be impractical to meter separately each unit for water and more than one unit is metered by a single meter, then the number of units for billing purposes shall be computed as follows: Where more than one business is metered by a single meter, then the number of units for billing purposes shall be determined by the number of units having water and sewage connections located within the leased, rented, or occupied interior premises of the business, or having private access to a water and sewage connection which is identified specifically for the lessee, tenants, or occupant not having been granted an official interruption of service by the water utility.
      (3)   Where the physical structure of a business house is such that it would be impractical to meter separately each unit for water and more than one unit is metered by a single meter, then the amount of monthly sewer bill shall be computed as follows:
         (a)   The minimum charge will be the current service charge multiplied by the number of units for billing purposes, based on the determination above in division (F)(2) above; and
         (b)   The metered charge shall be calculated on the basis of the total gallons used at the current rate.
   (G)   For services rendered to the town by the sewage treatment works, the town shall be subject to and pay like rates and charges as herein provided for other users.
   (H)   It shall be the duty of the officer or officers charged with collection of the rates and charges to enforce payment thereof, together with penalties and other charges provided by law or by this chapter. The due date for all fees and charges under this chapter shall be 15 days from the billing date thereof. All bills for sewer service not paid by the due date (which shall mean within 15 days from the billing date thereof, as stated in the bills), shall be considered delinquent, and shall incur a penalty of 10% of the delinquent amount. If any fees and charges shall not be paid for service rendered to any lot, parcel of real estate, or building served, within 30 days after written notice of the amount due has been given thereof, with a sewer bill constituting the written notice, the Town shall proceed to enforce payment against the owner as directed by the Town Council as provided by law. Additionally, but not by way of limitation, the amount of the fee, the penalty, and a reasonable attorney’s fee may be recovered by the town in a civil action in the name of the town, and, notwithstanding other rights within this chapter, the town may enforce and collect payments due under this chapter by any legal methods authorized by law, which shall include but not be limited to the methods set forth within this chapter.
(Ord. 1-1968, passed 3-25-1968; Am. Ord. 11-1975, passed 12-15-1975; Am. Ord. 8-1979, passed 7-30-1979; Am. Ord. 11-1980, passed 12-1-1980; Am. Ord. 9-1990, passed 7-1-1991; Am. Ord. 3-2003, passed 8-4-2003; Am. Ord. 5-2005, passed 6-6-2005)