If a customer has not paid his monthly charges within fifteen (15) days of issuance of the bill for service as required by section 9-1-27 of this chapter, it shall be deemed delinquent and a penalty charge of one dollar ($1.00) or ten percent (10%) of charges due, whichever is greater, shall be added to the customer's charges. Interest shall thereafter accrue on the past due balance at a rate of ten percent (10%) per annum. In the event of a delinquent account, the city may then proceed with any or all of the following courses of action which the city in its discretion determines to be appropriate:
A. Termination Of Service: If the amount of the customer's delinquent account is equal to or greater than the lesser of twenty five dollars ($25.00) or two (2) monthly service charges, then the city may provide the customer with written notice that the city intends to terminate running water service to the customer, which notice must be mailed at least seven (7) calendar days prior to termination and which notice shall include the following information: that the grounds for termination are nonpayment of delinquent bills; the date for termination; actions the customer may take to avoid or delay termination, including filing a physician's certificate as to the existence of a medical emergency or the filing of an informal or formal complaint concerning the termination with the city council; and a statement of the city's willingness to make payment arrangements to assist customers having difficulty paying their utility bill. Upon such notice and an additional diligent attempt by the city to provide oral notice of termination to the customer at least twenty four (24) hours prior to actual termination, the city may terminate running water service to the customer. Water service will be restored upon payment in full of the customer's delinquent account or when agreement is reached as to a payment arrangement.
B. Collection Action: The city may commence a legal action against the customer to collect all amounts due and owing, plus penalties and interest assessed. The city shall be entitled to recover its attorney fees incurred, if any, in the event it prevails in such action.
C. Lien: The city shall notify the customer of the delinquency. In the event the city elects to terminate service under subsection A of this section, such written notice of intent to terminate shall also serve as a delinquency notice under this provision. All delinquent charges or fees, as provided by this chapter, not paid after the final determination of the customer's account may be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the clerk shall certify such delinquencies together with all penalties to the tax collector of the county and when so certified, the same shall be a lien upon the property and will be collectible as other taxes.
D. Restrictions On Future Service: Any customer leaving a delinquency in water fees at any location shall not be entitled to the use of the water system at any new location until all fee delinquencies are paid. (Ord. 213, 9-11-1990, eff. 10-1-1990)