If any person owning, controlling, or operating any premises or real property fails or refuses to pay the charges imposed for the utility, the charges shall subject the real property specifically benefitted by the utility service to one or more of the following actions:
(A) Lien action.
(1) Lien action notification.
(a) Wastewater only and wastewater/sanitation accounts. After an initial letter of notice of payment due and when no payment is received within 25 days from the date the bill was mailed to the customer, a reminder notice of payment due will be sent. If no payment or response is received from the responsible party within 30 days, a certified letter will be sent advising the responsible party of the intent to file an affidavit for utility services lien in ten days. Delinquent active and final accounts with other water providers are subject to lien filings.
(b) Service disconnect—voluntary. Voluntary discontinuation of services is granted 14 days for payment. Lien proceedings will commence ten days from the due date in the event of nonpayment.
(c) Service disconnect—involuntary. Following all guidelines established in § 51.01(F) (failure to pay for service; discontinuation of service by city), an involuntary discontinuation of service will constitute accelerated lien action. If no payment or response is received from the responsible party within five days, a final bill will be generated due and payable in 14 days. Lien action will proceed immediately if no payment or response is received within the specified 14 days.
(d) A voluntary admission against interest will constitute accelerated lien action. A final bill will be generated due and payable immediately and lien action will commence.
(2) File of lien. The city may file a notice of lien and institute lien proceedings against the real property as provided by Tex. Local Gov’t. Code, § 552.0025 and §§ 51.06 and 51.07 of this chapter.
(B) Other actions. The city may take any other actions which are not prohibited by state law, including but not limited to filing civil actions for recovery of delinquent fees in any court or competent jurisdiction.
(Ord. 100323B, passed 3-23-2010)