(A) Penalties. A late payment penalty of 1% shall be assessed on all accounts with a past due balance.
(B) Shut-off for non-payment. Water shall not be shut-off until notice and an opportunity for a hearing before the City Council or an employee designated by the City Council have been provided to the occupant and owner of the premises involved.
(1) If any bill is not paid by the due date listed on the bill, a second bill will be mailed by first class mail and shall state that if payment is not made within ten days of the mailing of the second bill, water service to the premises will be shut off for non-payment.
(2) The second bill and shut-off notice shall contain the title, address and telephone number of the official in charge of billing; the title, address and phone number shall be clearly visible and easily readable.
(3) The notice shall also state that the any occupant or owner has the right to a hearing before the water service is shut off. The owner or occupant may be represented in person and by counsel or any other person of his or her choosing. The owner or occupant may present orally or in writing his or her complaint to the city official in charge of utility billing. This official shall be authorized to order continuation of the customer’s service and shall have the authority to adjust the customer’s bill or enter into a mutually agreeable payment plan.
(4) If an occupant or owner requests a hearing, the water shall not be shut off until the hearing process is complete.
(5) If a customer fails to pay and fails to request a hearing under this part, service will be shut off at the time specified in the notice, but not until the charges have been due and unpaid for at least 30 days.
(6) If a customer has his, her or their service discontinued, it shall not reinstated until all the rents, charges and penalties have been paid, together with the sum of $100 to cover the expense of turning the water off and on. Depositing in the post office of the city a card or letter properly stamped and addressed to such consumer or property owner at his or her last known address, stating the amount of water consumed and the amount of rent and charges due therefor and the date on which the same shall become due and payable shall be sufficient notice of the charges due, and if said charges are not paid as herein required, the penalties for delinquency may be enforced without further notice.
(C) Certification for collection with taxes.
(1) Unpaid charges on sewer and water accounts shall not be certified to the County Auditor until notice and an opportunity for a hearing have been provided to the owner of the premises involved. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus penalties will be certified to the County Auditor for collection as other taxes are collected. The notice shall also state that the occupant may, before such certification date, attend or schedule a hearing on the matter to object to certification of unpaid utility charges.
(2) In addition to any penalties provided for in this part, if any person, firm or corporation fails to comply with any provision of this part, the Council, or any city official designated by it, may institute appropriate proceedings at law or at equity to procure payment.
(D) Options. The owner of the property shall have the option of paying the balance due on the account until the date of the certification hearing. After the date the notice of certification hearing is mailed to the County Auditor, payments will still be accepted but will include unpaid penalties and interest.
(E) Hearing. A hearing shall be held on the matter by the City Council. Property owners with unpaid utility charges shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected. If, after the hearing, the City Council finds the that the amounts claimed as delinquent are actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with this part, the city may certify the unpaid charges to the County Auditor for collection as other taxes are collected.
(F) Options after hearing. For each certification sustained, the property owner shall have the following options after the hearing:
(1) To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing within ten days of the hearing date;
(2) To pay the certified delinquent amount after the hearing date, but before the county certification deadline with interest at the rate set in the adopted rate schedule accrued beginning on eleventh day following the hearing date through the date of payment; and
(3) To pay the certified charges as billed to him, her or them by the county on his, her or their property tax statement with a collection term of one year.
(G) Certified roll. No more than 15 days after the hearing, the certified roll, minus any payments, shall be delivered to the county.
(Ord. 224, passed 9-21-2011)