§ 50.85 SERVICE CHARGES.
   (A)   General.
      (1)   Charges for sewerage service shall be computed and billed by the town municipal utilities. Bills shall be rendered approximately monthly, unless additional billing is required to reflect customer changes, meter changes, service terminations, initial billings or is otherwise required to adjust billing cycles.
      (2)   Billings for sewerage service shall be rendered with and shall be due and payable on the same due date as billings for water service to the same premises, if any, and if none, then within such billing cycle as the utility may determine.
      (3)   Charges for sewerage service shall be billed to the person being billed for water service, if any, unless by contract with the utility, another person assumes responsibility for payment. Notwithstanding billing to, and assumption of responsibility by any person, charges for sewerage service shall remain the responsibility of the owner of the real estate, who shall hold the utility harmless from any loss occasioned by the delinquency of the person billed, including all penalties, recording fees, attorney's fees, interest and court costs, if any.
      (4)   The owner of the real estate shall upon request to the Clerk-Treasurer's office have the right to examine the utility's records of billing and collection to ascertain whether such charges have been paid, and the amount thereof.
      (5)   Nothing herein contained shall permit the owner, or any person other than the person being billed, to inspect, examine or otherwise obtain confidential information including the income, employment, finances or social security number of the person being billed.
      (6)   Charges for sewerage service shall be due and payable on or before the due date stated on the bill. Any charge for sewerage service not paid by the due date shall be delinquent, and may be collected, with applied penalty, recording fees, service charges, attorney's fees, interest and court costs, if any, in accordance with §§ 50.01 through 50.43 and with IC 36-9-23-31 through 36-9-23-34.
      (7)   The rates, charges and surcharges shall extend to and cover any additional premises hereafter served, without hearing or notice. If the first billing to a new user covers a period other than a full billing month, then the charges for sewerage service for such billing shall be made in accordance with standard practice employed by the town's water utility.
      (8)   Sewer billing shall commence with the billing for water service (the meter set date or date of occupancy whichever shall first occur).
      (9)   In the event the sewer user is not a metered water customer, flat charges shall be imposed and charged as follows:
         (a)   Residential. Flat charges as established for in-town or out-of-town service; multi- family dwellings shall be billed at the appropriate flat rate multiplied by the number of units accommodated.
         (b)   Commercial and industrial. The Town Council shall determine whether the account shall be billed on a flat rate or whether a water or sewerage meter is required. Such flat charges shall be determined by the Superintendent or his designee. Any required meters shall be installed at the owner's expenses.
         (c)   The utility shall retain documentation supporting its estimates and the billings based thereon. Such determination of billings may be reviewed and adjusted by the utility at any time. However, no adjustment, additional charge or refund may be made more than six years after the date of the billing sought to be adjusted.
      (10)   Any property found to be connected to a public sewer for the discharge of sewage without payment therefor shall be placed on monthly billings immediately, and the user of the service shall be back-billed for the period of use either at the metered use charge or the monthly flat charge set out in §§ 50.01 through 50.43.
      (11)   Any property which has a public sewer available but is not connected thereto shall be referred to the City-County Board of Health for enforcement of applicable sanitary codes requiring connection to such public sewer.
   (B)   Delinquencies.
      (1)   A penalty of 10% of the amount of the charges for sewerage service shall be attached to the delinquent charges.
      (2)   Where the property having a delinquent account for charges for sewerage service is served by the town's water utility, the utilities may, after reasonable notice to the person being billed, shut off water service to the property. Water service shall not be restored until the delinquent account, together
with the costs of turning off and turning on the water, shall have been paid.
      (3)   Delinquent charges for sewerage services, and applied penalties, recording fees, and service charges may be made a lien upon the property and may be collected in accordance with the provisions of IC 36-9-23-32 and 36-9-23-33.
      (4)   In addition to all other remedies provided, the utility may, after reasonable notice to the person being billed, terminate sewerage service to the property. Sewerage service shall not be restored until the delinquent account, together with the costs of terminating and reconnecting the sewer service, shall have been paid.
      (5)   In addition to the foregoing remedies, the utility may recover the amount of the charges for sewerage services, penalty, and a reasonable attorney's fee in a civil action, and may foreclose a lien established by §§ 50.01 through 50.43 in accordance with IC 36-9-23-34.
(Ord., passed 10-4-88)