(A) Penalties. A late payment penalty of 10% per annum shall be assessed on all accounts with a past due balance.
(B) Shutoff for nonpayment. Electric and water shall not be shutoff until notice and an opportunity for a hearing before the City Municipal Utilities Commission or an employee designated by the City Municipal Utilities Commission have been provided to the occupant and owner of the premises involved.
(1) If any bill is not paid by the due date listed on the bill, a second bill will be mailed by the fifth day of the following month by first class mail and shall state that if payment is not made within 20 days of the mailing of the second bill, electric and water service to the premises will be shut off for nonpayment.
(2) The second bill and shutoff notice shall contain the title, address and telephone number of the official in charge of billing; the title, address and telephone number shall be clearly visible and easily readable.
(3) The notice shall also state that the occupant or owner has the right to a hearing before the electric and water services are shut off. The occupant or owner may be represented in person and by counsel or any other person of his or her choosing. The occupant or owner may present orally or in writing his or her complaint to the official in charge of utility billing. This official shall be authorized to order continuation of the customer’s service and shall have the authority to adjust the customer’s bill or enter into a mutually agreeable payment plan.
(4) If an occupant or owner requests a hearing, the electric and water shall not be shut off until the hearing process is complete.
(5) If a customer fails to pay and fails to request a hearing under this section, electric and water services will be shut off at the time specified in the notice, but not until the charges have been due and unpaid for at least 30 days.
(C) Certification for collection with taxes. Unpaid charges on electric, sewer, water and refuse collection accounts shall not be certified to the Director of Taxpayer Services until notice and an opportunity for a hearing have been provided to the owner of the premises involved. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus penalties will be certified to the Director of Taxpayer Services for collection as other taxes are collected. The notice shall also state that the occupant may, before the certification date, attend or schedule a hearing on the matter to object to certification of unpaid utility and refuse collection charges.
(D) The owner of the property shall have the option of paying the balance due on the account until the date the notice of the certification hearing is mailed. After the date the notice of the certification is mailed, payments will still be accepted but will include unpaid penalties.
(E) A hearing shall be held on the matter by the City Utilities Commission. Property owners with unpaid utility charges shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected. If, after the hearing, the City Utilities Commission finds that the amounts claimed as delinquent are actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with this subchapter, the City Utilities Commission may recommend the City Council certify the unpaid charges to the Director of Taxpayer Services for collection as other taxes are collected.
(F) For each certification sustained, the property owner shall have the following options after the hearing:
(1) To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing, within ten days of the hearing date;
(2) To pay the certified delinquent amount after the hearing date, but before the county certification deadline, with interest at the rate set in the adopted rate schedule, accrued beginning on the eleventh day following the hearing date through the date of payment; or
(3) To pay the certified charges as billed them by the county on his or her property tax statement with a collection term of one year.
(G) Fifteen days after the hearing, the certified roll, minus any payments, shall be delivered to the county.
(Ord. 285, passed 7-2-2012)