(A) (1) (a) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
1. That all bills are due and payable on or before the date set forth on the bill; and
2. That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
3. That any customer disputing the correctness of his or her bill shall have a right to a hearing, at which time he or she may be represented in person and by counsel or any other person of his or her choosing, and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.
(b) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
(c) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge as set out in the city rate ordinance.
(2) The owner of the premises, the occupant thereof and the user of the service shall be jointly and severally liable to pay for service to the premises and the service is furnished to the premises by the city only upon the condition that the owner of the premises, occupant or user of the services are jointly and severally liable therefor to the city.
(Prior Code, § 23-51)
(B) Sewer billing for outdoor water use through the primary meter for residential customers shall be billed in the same manner as all other water usage. All other customers shall be required to purchase a separate meter to offset the cost of water not passing through the public sewage system. The cost of a second meter, installation and remoting shall be borne by the property owner.
(Prior Code, § 23-52)
(C) (1) (a) Whenever a bill for sewer service remains unpaid for 45 days after it has been rendered, the City Administrator shall file with the County Recorder a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill and a notice that the city claims a lien for this amount as well as for all charges subsequent to the period covered by the bill.
(b) If the user whose bill is unpaid is not the owner of the premises and the City Administrator has notice of this, notice shall be mailed to the owner of the premises if his or her address is known to the Administrator, whenever the bill remains unpaid for the period of 45 days after it has been rendered.
(c) The failure of the City Administrator to record the lien or to mail the notice or the failure of the owner to receive the notice shall not affect the right to foreclose the lien for unpaid bills as mentioned in the foregoing section.
(2) Property subject to a lien for unpaid charges shall be sold for nonpayment of the same, and the proceeds of the sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. The foreclosure shall be by bill-in-equity in the name of the city. The City Attorney is hereby authorized and directed to institute the proceedings in the name of the city in any court having jurisdiction over the matters against any property for which the bill has remained unpaid 45 days after it has been rendered.
(Prior Code, § 23-53)
(Ord. 554, passed - -; Ord. 759, passed - -; Ord. 786, passed - -; Ord. 836, passed 5-27-2009)