1044.09  LIENS, DEPOSITS AND CONNECTIONS.
   (a)   Tax Lien. As security for the collection of water service and sewage disposal supplied to any house or any other building or any premises, lot or lots, or parcel or parcels of land, the City shall have a lien upon the house or other buildings and upon the premises, lot or lots, or parcel or parcels of land, upon which the house or other building is situated. This lien shall become effective immediately upon the distribution of the water service and sewage disposal to the premises or property supplied. This lien created herein shall be collected and enforced in the same manner as provided for the collection of taxes assessed upon the tax roll pursuant to City Charter, except that the same shall not be enforceable for more than three years after it becomes effective.
   (b)   Lease Exception. Charges for water services and sewage disposal services of any nature whatsoever, furnished to any premises as described in the preceding paragraph, shall not be a lien thereon if all of the following exist:
      (1)   A legally executed written lease between the owner of the premises and the tenant containing a provision that the owner of the premises shall not be liable for the paying of water services or sewage disposal services accruing subsequent to the filing of an affidavit by the owner with the City Clerk;
      (2)   An affidavit filed by the owner with the City Clerk containing statements as to the date of the execution of the lease, that the lease contains a provision holding the tenant liable for water services and sewage disposal services on said premises, and the expiration date of the lease; and
      (3)   In the case of multiple tenancies in one building, the owner shall provide, at his or her cost, a separate meter, service line and curb box to each apartment or leasehold within the building that is to be servicing the tenants responsible for charges under this section.
   (g)   Deposit Required by Tenant. If notice of a tenant's liability has been filed with the City Clerk, the Department shall render no further service to such premises until a cash deposit in such sum as is fixed by the City Clerk has been made as security for the payment of such charges.
   (h)   Deposit Required by Outsider. Whenever services are applied for under this chapter for premises located outside the City, the City Clerk shall forthwith advise Council of such application, and no such service shall be furnished without the approval of Council, nor until a deposit in an amount set by the City Clerk has been made with the City to secure all bills and charges. However, no such deposit shall be required of the United States, the State or any agency or political subdivision of either.
   (i)   Amount of Deposit.  In no case where a deposit is required shall the amount set by the City Clerk be less than the estimated cost of all services required plus two estimated period billings, which billings shall be reviewed from time to time by the City Clerk and increased or decreased so as to comply with this section, based upon actual billings. All moneys so deposited shall be returned to the depositor when all services provided for in this chapter have been paid for in full and further services are not required.
   (j)   Shut-Off Requirement.
      (1)   In addition to the lien provided for in this section, when any person fails or refuses to pay to the City any sum due for water or sewer service, or charges in connection therewith, for a period of ten days from the due date, the Department may shut off or discontinue any services provided under this chapter and suit may be instituted by the City for the collection of the same in any court of competent jurisdiction, and no services shall again be rendered to the premises involved until the indebtedness is paid in full, together with all costs in connection therewith.
      (2)   For all development accounts where shut-off becomes necessary in order to secure payment of the delinquent account, a twenty dollar ($20.00) service charge will be levied to cover the cost of turning the service off and then back on to the premises.  If it is necessary to do a service turn-on during non-scheduled work hours, then the service charge to the customer will be the actual cost for overtime incurred by the Department plus a twenty percent overhead charge.
   (g)   Billing. The City Manager shall provide for either monthly or bi-monthly billing to customers, covering all charges as provided herein, and shall establish a due date for payment thereof.
   (h)   Payment of Bills. All bills and charges provided for in this chapter shall be payable to the City Treasurer on or before the due date established. Failure of payment as required shall result in the account being classified as delinquent and ten percent of the amount of the bills and charges shall be added thereto.
(Ord. 623.  Passed 10-30-95.)