(A) Usage period. The usage period is the month or any part of the month during which water, wastewater, or stormwater sewer 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 city’s water, wastewater, or stormwater system.
(B) Bill date. The bill date shall be the day of the month that bills are received following the month that service is provided or available to be provided. If a customer does not receive a bill, the bill is still owed. Customers may request a duplicated bill.
(C) Billing period. The billing period is the time between the bill date and the delinquent date. Billings will be distributed by the city to each customer of the city 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 fifteenth day of the month after the billing date. The fifteenth 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 will move to the next business day.
(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. If the delinquent date falls on a holiday, Saturday, or Sunday, the bill shall then become delinquent at 8:00 a.m. on the second business day following the holiday or weekend.
(E) Lien notification date. If a wastewater bill is not paid on or before the close of business on the sixtieth business day following the due date, the city 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 city 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 wastewater bill is not paid on or before ten business days following the lien notification date, the city or the city’s attorney 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, the first date that liens will be filed shall then occur on the first business day following the holiday or weekend.
(G) Clerk-Treasurer as hearing officer on application for extension on disconnection of service. A person owing an unpaid water bill may appeal in writing to the Clerk-Treasurer 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 Clerk-Treasurer, acting as the hearing officer for the extension request, may grant or deny such request, in whole or in part. The hearing officer may require partial payment of the delinquent bill in return for granting an extension.
(H) Appeal of hearing officers denial of disconnection extension. A person owing an unpaid water bill may appeal the determination of the Clerk-Treasurer acting as hearing officer in division (H) above.
(1) The appeal will be in writing to the Board of Public Works and Safety which shall act on the appeal in its capacity as the governing board of the municipal water corporation.
(2) 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
(c) The reason(s) that the person owing an unpaid water bill believes that the adverse determination of the Clerk-Treasurer acting as hearing officer was arbitrary or capricious.
(3) The Board of Public Works and Safety shall consider such appeal at its next scheduled meeting. Any contemplated discontinuation of water service shall be deferred pending the determination of the appeal by the Board of Public Works and Safety .
(4) The Board of Public Works and Safety in its appeal determination may:
(a) Deny the appeal;
(b) Grant the appeal in whole or in part; and/or
(c) May require partial payment of the delinquent bill in return for granting the extension.
(5) Upon denial of the appeal the delinquent user shall be given 48 hours notice of the appeal denial prior to the discontinuation of service.
(I) Water service disconnection date. If a water bill is not paid on or before the close of business on the stated date of the disconnect notice, usually the twenty-sixth day of the month, the water service of the customer is subject to disconnection without additional notice. All water bills subject to disconnection shall be disconnected by the city utility. A disconnect notice shall be mailed the day after due date allowing ten days prior to disconnection (see attached) to show customer appeal rights.
(J) Emergency hardship. A short term deferred payment plan and/or agreed extended payment plan such making of will serve as notice of disconnect. The remaining customers (medical or active military duty) shall receive a written, door hanger, or a mail notice.
(K) A deferred water disconnect.
(1) A deferred water disconnect date due to an emergency hardship for a three to a ten-day period by calling the billing office prior to disconnect. If the customer fails to make a payment on such committed day, disconnect of service shall occur immediately. If the customer fails to make a payment on the committed date, the customer will not be allowed to request such a deferred payment plan for 12 months following the committed date.
(2) A medical emergency which is requested by the customer or a third party who is doing service for the account holder and supported by a medical certificate from an Indiana-licensed physician, nurse practitioner, public health officer, or a social service officer that certifies, in writing, that disconnection of utility services are life-threatening to a customer or any other permanent resident of the premises where services are rendered. A ten-day deferred disconnect of services shall be allowed. Such requests need to be prompt after written notice of disconnect. The request may be renewed for an additional ten days supported by a medical certificate. This does not release the customer from their responsibility of payment. Penalties shall not be added during this period.
(3) An active military person (including National Guard or Reserves) may request a 45-day deferred disconnect due to financial hardship when required and supported by special military orders for special training or other military operations. Also such a request may include an injury. Military personnel, which are permanent residents of the premises where services are rendered, may send a request in writing. Any orders or requests must be reviewed only by the Clerk-Treasurer or Mayor. These orders or requests do not release the customers from their responsibility of payment. No penalties shall be added during this period.
(a) The billing office shall maintain a log of all deferred payments and forward these to the Board of Public Works and safety monthly for review and approval.
(b) The utility reserves the right to transfer any unpaid bill to any other accounts a customer may have and disconnect service at any location because of delinquencies if any bill goes unpaid for 45 days.
(L) Right to appeal. A customer may appeal any action taken by the Clerk-Treasurer or if they wish to dispute disconnection, an extra high utility bill (however bill will need to be paid), customer has a right to request a hearing before the City Board of Public Works and Safety, during which you may be represented in or by counsel or by any other person of your choosing. The customer must file in writing a notice of appeal form during normal business hours five days prior to the hearing. Normally, all hearings shall be held on the second and fourth Tuesday at 6:00 p.m.
(Ord. 1-2022, passed 3-8-2022)