(A) Utility bills are usually dated and mailed the fifth business day of the month. All utility payments are due and payable not later than the twentieth day of the same month. Failure to receive a bill which has been properly mailed or hand-delivered will not entitle the customer to any delay in paying the amount due beyond the date when the bill is due and payable. The Billing Director shall have delinquent notices mailed to all delinquent accounts by the twenty-first day of the month. If payment is not received by the twentieth day of the month, the account is delinquent and a late payment fee will be added to the bill on the twentieth day of the month. The late payment fee shall be $10 for all bill amounts up to $1,000, plus 1% of any amount over the first $1,000. If the bill is not paid in full, including any late payment fees, by 5:00 p.m. on the last business day of the month, utility service will be disconnected, subject to the provisions of division (F) of this section. All accounts not paid in full on the last business day of the month also will be charged a $50 processing fee. All delinquent service charges, late payment fees and processing fees must be paid in full before utility service can be restored or continued. Any unpaid bills will be collected using all collection methods available. Utility billing, delinquent, and disconnection for non-payment dates are subject to change upon the City Manager’s approval.
(B) (1) The Billing Director is authorized to make one agreement within a 12-month period with any customer to extend the time for payment; providing, the following conditions are met:
(a) No agreement can exceed two months in length;
(b) Any agreement must be in writing, signed by the customer and the Billing Director; and
(c) The customer must show unusual circumstances that impact his or her ability to pay; and the circumstances must be of a temporary nature so that the city is reasonably assured that future bills will be paid in a timely manner.
(2) In highly unusual circumstances, the City Manager may authorize either a further extension of time, or more than one agreement in a 12-month period. Any agreement must be in writing, and signed by the customer, the Billing Director and the City Manager.
(3) Failure of the customer to abide by any of the terms of the written agreement for extension of payments shall result in immediate disconnection of utility services. No utility services can be reconnected or continued without full payment of all delinquent service charges, late payment fees and processing fees.
(C) (1) Payment by a check returned for non-sufficient funds shall constitute non-payment of the bill. Any customer that writes a check which is returned by any financial institution for non-sufficient funds in the customer’s account, must pay all bills in cash or by cashier’s check for a period of one year in which no reoccurrence takes place. In addition, all checks returned for non-sufficient funds (bad checks) shall be charged a $25 fee, as authorized by G.S. § 25-3-506, as amended.
(2) If the customer presents written evidence that the returned check was the result of an error by the financial institution upon which it was drawn, the Billing Director shall waive the requirements of this section, but not the $25 fee.
(D) Where a meter for any reason is not read at the regular reading time, the city may calculate the amount of service used with reference to the customer’s normal consumption, and make any adjustment which may be necessary in the bill rendered when the meter is next read; or the city may, in that event, render the customer a bill for the minimum charge, the charge to be credited to the customer when the meter is read and bills computed for the normal billing cycle. The minimum charge for residential water and sewer consumption when the meter is broken or does not exist, shall be based upon 3,000 gallons per month for each person residing in the dwelling. The minimum charge for commercial or industrial water and sewer consumption shall be based on average prior consumption for three months if metered; and shall be negotiated by the City Manager based upon estimated usage where no meter will exist (i.e., sewer service only).
(E) No claim or demand which the customer may have against the city shall be set off or counterclaimed against the payment of any sum of money due the city by the customer for services rendered, and all sums shall be paid in accordance with the utility service agreement regardless of the claim or demand.
(F) Disconnection for late payment.
(1) 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:
(a) That all bills are due and payable on or before the date set forth on the bill;
(b) 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
(c) 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.
(2) 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.
(3) 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.
(Prior Code, § 11-16) (Ord. passed 4-29-1991; Ord. 93-10, passed 5-18-1993; Ord. 14-16, passed 9-30-2014) Penalty, see § 50.99