§ 52.49 DELINQUENT ACCOUNTS.
   (A)   Penalties. A late payment fee of (see fee schedule) percent shall be assessed on the unpaid portion(s) on all accounts with a past due balance. The fee shall be set forth in the fee schedule which is duly adopted by resolution. The unpaid portions and late payment penalty shall be due immediately.
   (B)   Shut-off for nonpayment. In the event a water bill is unpaid after the due date as established by resolution, the bill shall be considered delinquent and the service may be discontinued as provided in § 52.10.
   (C)   Certification for collection with taxes. 
      (1)   Unpaid charges on water accounts shall not be certified to the County Auditor 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 and/or fees will be certified to the County Auditor for collection as other taxes are collected. The notice shall also state that the occupant may, before such certification date, attend or schedule a hearing on the matter to object to certification of unpaid utility charges. There shall be an administrative charge due upon the mailing or electronic transmittal of the notice of the proposed assessment. The administrative charge shall be set forth in the fee schedule which is duly adopted by resolution.
      (2)   In addition to any penalties provided for in this section if any person, firm or corporation fails to comply with any provision of this section, the City Council or any city official designated by it may institute appropriate proceedings at law or at equity to procure payment.
         (a)   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 certification hearing is mailed, payments will still be accepted but will include unpaid penalties and/or fees.
         (b)   A hearing shall be held on the matter by the City Council. 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 Council 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 section, the city may certify the unpaid charges to the county auditor for collection as other taxes are collected.
         (c)   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 10 days of the hearing date;
            2.   To pay the certified charges as billed to them by Washington County on their property tax statement with a collection term of 1 year; and
            3.   After the hearing, the certified roll, minus any payments, shall be delivered to Washington County.
(Prior Code, § 1705.050) (Ord. 7460, passed 12-18-1990; Am. Ord. 7554, passed 5-17-2016)