(A) Accounts in name of owner. All accounts shall be carried in the name of the owner or occupant of each building or housing served. The owner shall be liable for service supplied to the owner’s property, whether occupied by the property owner or not, and any charges unpaid shall be a lien upon the property.
(B) Bills for service. Water, sewer, refuse, and landfill service charges shall be billed together, as applicable to each account. Bills shall be mailed to the customers on the twentieth of each month and specify the water consumed and the sewer, water, refuse, and landfill charges in accordance with the rates set by resolution of the City Council.
(C) Delinquent accounts.
(1) All charges for water, sewer, refuse, and county landfill shall be considered delinquent after the first of the month, unless the first of the month is a weekend day or a holiday. Then the delinquent date shall be the closest date following the first of the month after that weekend date or holiday. A late payment penalty of 10% shall be assessed on all accounts with a past due balance. An unpaid balance with $2 as a minimum shall not have a late payment penalty assessed.
(2) When accounts have remained unpaid for 90 days and satisfactory arrangements for payment have not been made, the Public Works Department may, after the procedural requirements of division (D) below have been complied with, discontinue service to the delinquent customer. When service to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent bills and a fee of $30. Delinquent accounts shall be certified to the City Administrator who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective property’s service. The assessment roll shall be delivered to the Council for adoption on or before September 1 of any year. The Council shall levy an assessment equal to the unpaid charge as of that date plus interest at the rate of 8% per annum from that date and a penalty of 10%. The City Administrator shall certify the assessment to the County Auditor for collection in the same manner for assessments for local improvements. The action is optional and may be subsequent to taking legal action to collect delinquent accounts.
(D) Procedure for discontinuance of service. Service shall not be discontinued under division (C) above or for a violation of rules and regulations affecting utility service until notice and an opportunity for a hearing have first been given the occupant of the premises involved. The notice shall be personally served or certified by mail and shall state that if payment is not made before a day stated in the notice, but not less than five working days after the date on which the notice is given, the service to the premises will be discontinued. The notice shall also state that the occupant may, before such date, demand a hearing on the matter, in which case the service will not be cut off until after the hearing is held. If the customer requests a hearing before the date specified, a hearing shall be held on the matter by the Public Works Director at least one week after the date on which the request is made. If as a result of the hearing the Public Works Director finds that the amount claimed to be owing is actually due and unpaid and there is no legal reason why the water supply of the delinquent customer may not discontinue in accordance with this chapter, the city may discontinue service. The notice shall be delivered 60 days from the first day account becomes delinquent. No service of a residential customer shall be disconnected if the disconnection affects the primary heat source for the residential unit when the disconnection would occur during the period between October 15 and April 15, the customer has declared inability to pay on forms provided by the city, the household income of the customer is less than 185% of the federal poverty level as documented by the customer to the city, and the customer’s account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule. The city shall, between August 15 and October 15 of each year, notify all residential customers of these provisions.
(Prior Code, § 51.05) (Ord. 174, passed 6-8-1992; Ord. 205, passed 3-10-1997)