(A) Usage period. The usage period is the month or any part of the month during which water and/or stormwater service is provided or is available to be provided to a customer of the utility or the month or part of the month that a customer's property is physically connected to the town's water and/or trash and/or stormwater system.
(B) Bill date. The bill date shall be the date that the bill is printed and be approximately from the seventeenth to the twenty-second day of the month following the usage period.
(C) Billing period. The billing period is the time between meter readings for the water utility and from bill date to bill date for the stormwater, hydrant fee, and trash/recycling utility charges. Billings will be distributed by the town to each customer of the town on a monthly basis through the issuance of a monthly bill. Each monthly bill will state the date the bill is due and the date after which the bill is considered delinquent and delinquent fees will be added. The total bill shall be due and payable by the close of business no later than the tenth day of the month after the billing date. The tenth day of the month following the billing date shall be known as the due date. If the due date falls on a holiday, Saturday, or Sunday, the due date does not change.
(D) Delinquent date. If a bill is not paid on or before the close of business of the due date, a late charge equal to 10% of the current bill amount shall be added to the previously billed charges. The first business day following the due date shall be known as the delinquent date.
(E) Lien notification date. If a stormwater bill is not paid on or before the close of business on the sixtieth business day following the due date and the stormwater bill exceeds $50, the town will send an "Intention to File Lien" letter to the property address. If an owner of a non-owner occupied property has provided its name and address to the town with a request to be notified of billing delinquencies, a copy of the "Intention to File Lien" letter will also be sent to this address. If the lien notification date falls on a holiday, Saturday, or Sunday, the "Intention to File Lien" letter shall then be distributed on the first business day following the holiday or weekend.
(F) Lien file date. If a stormwater bill is not paid on or before ten business days following the lien notification date, the town or the town's attorney (or other town official) shall file a lien on the property at its earliest convenience. The date ten business days following the lien notification date shall be known as the lien file date. If the lien file date falls on a holiday, Saturday, or Sunday, then the first date that liens will be filed shall then occur on the first business day following the holiday or weekend. However, in no event will a lien be filed for an amount that is less than $50.
(G) Water service disconnection date. If a water bill remains unpaid 60 days after the due date, the town will hang a door hanger notice on the door of the home. The door hanger will be a notice of intention to disconnect water service and will state the date of the intended disconnection. Failure to receive a door hanger does not void non-payment or disconnection. If a water bill is not paid before the stated date of the disconnect notice or if the stated date falls upon a holiday or weekend and the bill is not paid by the close of the next regular business day, the water service of the customer is subject to disconnection without additional notice. All water bills subject to disconnection shall be disconnected by the town utility personnel as soon as practicable in the order determined by the town utility personnel to be the most efficient and without discrimination or prejudice.
(H) Town Council President or his/her designee as hearing officer on application for extension on disconnection of service. A person owing an unpaid water bill may appeal in person, by phone, or in writing, either hand-delivered or delivered by U.S. Mail, first class postage prepaid, to the offices of the water utility for an extension of the date when water service would be subject to discontinuation, setting forth in detail the extraordinary hardship or other unavoidable circumstances whereby the delinquent bill cannot be paid within the allowed period. The Town Council President or his/her designee, acting as the hearing officer for the extension request, may grant or deny such request, in whole or in part (payment extensions may not exceed ten days). The hearing officer may require partial payment of the delinquent bill in return for granting an extension. The hearing officer may also require the signing of a promissory agreement in lieu of disconnection.
(I) Appeal of hearing officer's denial of disconnection extension.
(1) A person owing an unpaid water bill may appeal the determination of the Town Council President or his or her designee acting as hearing officer in § 52.08(H). The appeal may be in writing or in person and will be made to the Town Council, by and through the Ingalls Clerk-Treasurer, which shall act on the appeal in its capacity as the Governing Board of the Ingalls Municipal Utilities. The written appeal request shall set forth in detail:
(a) The extraordinary hardship or other unavoidable circumstances whereby the delinquent bill cannot be fully paid within the allowed period;
(b) The specific relief requested, and the reason(s) that the person owing an unpaid water bill believes that the adverse determination of the hearing officer was arbitrary or capricious. The Town Council shall consider such appeal at its next scheduled Town Council meeting. Any contemplated discontinuation of water service shall be deferred pending the determination of the appeal by the Town Council. The Town Council in its appeal determination may:
1. Deny the appeal; or
2. Grant the appeal in whole or in part; and
3. May require partial payment of the delinquent bill in return for granting the extension.
(2) Upon denial of the appeal, the delinquent user shall be given 48 hours' notice of the appeal denial prior to the discontinuation of service.
(Ord. - -, passed 4-26-2021)