(A) (1) The village shall have a lien upon the premises to which water supply service and/or sewage disposal service is supplied as security for the collection of water and/or sewage system rates, assessments, charges, or rentals due or to become due, including without limitation, readiness-to-serve and volume usage charges. Said lien shall become effective immediately upon the distribution of the water or provision of the sewage disposal service to the premises as provided for in Public Act 178 of 1939, being M.C.L.A. § 123.162, as amended and Public Act 94 of 1933, being M.C.L.A. § 141.121, as amended.
(2) The Village Clerk-Treasurer shall certify annually all unpaid charges for water supply service or sewage disposal service, or both furnished to any premises which remain unpaid for a period of six months. Prior to entering the total amount due on the next tax roll, the Clerk-Treasurer shall notify the owner of the premises by first-class mail at the owner’s last known address of the village’s intent to place the unpaid charges, plus late penalties and a processing and collection fee as a lien against the owner’s premises if the unpaid charges are not paid in full within 15 days of the mailing of said notice. If the unpaid charges remain unpaid at expiration of 15 days, the Clerk-Treasurer shall enter those charges so certified, plus any late fees and a 10% processing and collection fee on the total amount due upon the next tax roll against the premises to which the services were rendered.
(3) The charges shall be collected and the lien shall be enforced in the same manner as provided for the collection of taxes assessed upon the roll and the enforcement of the lien for the taxes.
(B) In cases where the village is properly notified in accordance with Public Act 94 of 1933, being M.C.L.A. §§ 141.101 et seq., as amended, and/or Public Act 178 of 1939, as amended, being M.C.L.A. §§ 123.161 et seq., as amended that a tenant is responsible for the charges of water supply service and/or sewage disposal service, no such service shall be commenced or continued to such premises until a sum sufficient to cover an average quarterly bill for such premises as estimated by the village is deposited with the village.
(C) In addition to discontinuing water supply service and/or sewage disposal service, the village
may use any other legal means available to it to collect for nonpayment of the service furnished. Before discontinuing either or both services to the premises for nonpayment, the village shall notify the owner of the property and the person in whose name services are charged, if not the same person. Notification shall be done by first-class mail at the last known address(es) or by posting the premises where such service is rendered, or by both methods, of the village’s intent to discontinue service ten days after mailing or posting the notice.
(D) No water supply service and/or sewage disposal service shall be restored to a premises that had its service discontinued to enforce payment until all charges, including any penalties, fees, and deposits have been paid.
(E) When, in the judgment of the village, the collection of charges for water supply service and/or sewage disposal service maybe difficult or uncertain, or when otherwise provided for by law, the village may require a deposit in an amount sufficient to cover an average quarterly bill for the premises served as estimated by the village. In all cases no deposit collected by the village shall bear any interest. A deposit may be applied against the delinquent water supply service charge and/or sewage disposal service charge. In doing so, the village’s right to discontinue water supply service or sewage disposal service, or both in full satisfaction of such delinquency shall not be affected. A deposit, or any remaining portion, shall be returned only to the person giving it to the village.
(F) No person shall be permitted to establish a new account at another service address if such person has an outstanding balance with the village until all charges, including any penalties, fees, and deposits have been paid.
(G) Any water supply customer is entitled to one voluntary shut off and one voluntary turn on of water supply service in a 12-month period from the date of last turn on of service without being charged any fee. Such voluntary shut off does not relieve the customer from paying base charges. More than one of each in the 12-month period shall be charged at the involuntary shut off or turn on rate, as applicable.
(H) The Village Council may set by resolution all fees, penalties, and charges pertaining to the village water supply and sewage disposal systems not set by Charter or ordinance.
(1984 Code, § 7-01-02-160) (Ord. 277, passed 6-10-1997)