A. Applications, Accounts, Billing, Payment, Collection And Penalty:
1. Application For Service: Application for water, sewer, garbage, recycling or other utility service installation, and for water, sewer, garbage, recycling and other utility service shall be made to the city on forms prescribed and furnished by the city. Every person applying for water and sewer service from the municipal water and sewer system, and every owner of property for which such application is made, shall be deemed by such application to consent to all provisions of this code, rules and regulations of the city relating to the municipal water and sewer systems. No connection shall be made until consent has been received from the city to make the same. All municipal utilities shall be sold and delivered to the customers under the then applicable rate applied to the amount of such utilities taken as metered or ascertained in connection with such rates.
2. Accounts In Name Of Owner: All accounts shall be carried in the name of the owner who personally, or by his authorized agent, shall apply for such service. The owner shall be liable for water, sewer and other utility services supplied to his property, whether he is occupying the property or not, and any charges unpaid shall be a lien upon the property.
3. Billing: All water, sewer and other utility services shall be billed monthly, except that such billing period may be shortened or lengthened to adjust for a readout or new connection period, as the case may be.
4. Payment: The amount listed on the monthly statements shall be due fifteen (15) days from the billing date. If the fifteenth day shall fall on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. If payment is not made by this date, there shall be added to the amount due a penalty in the amount of ten percent (10%). The penalty shall be a onetime charge on the current charges for each billing period.
B. Discontinuance Of Service:
1. All municipal utilities may be shut off or discontinued whenever it is found that: a) the owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of this code relative thereto, or any connection therewith; or b) any charge for a municipal utility service, or any fees or charges in connection therewith, imposed on the present owner or occupant of the premises served, remains delinquent for more than fifteen (15) days after due notice thereof; or c) there is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor.
2. Water shall not be shut off until a disconnect notice has been personally delivered to the property or the property owner notified by certified mail. The notice shall state that if the payment is not made before a date stated on the notice, but not less than seven (7) days after the date on which the notice is given, the water supply to the premises will be shut off.
3. The occupant may, before the due date stated in said notice, request a hearing for cause on the matter, in which case the supply will not be cut off until after said hearing is held and a decision made thereon. Upon a request for a hearing, the city council itself, or a panel of three (3) impartial residents of the city, appointed by the city administrator, shall hold a hearing on the matter. If, as a result of the hearing, the city council or the panel finds that the amount claimed to be owing is actually due and unpaid and there is no legal reason why the water supply of the delinquent customer should not be shut off in accordance with this section, then the city may shut off the water supply as herein provided.
C. Ownership Of Municipal Utilities: Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances thereto, shall be and remain in the city and no person shall own any part or portion thereof. It is the property owner's responsibility for the connection and maintenance of the sanitary sewer from their building to the connection in the public right of way (i.e., sanitary sewer main). It is the property owner's responsibility for the connection and maintenance of the water lines from their building to the service connection in the public right of way (i.e., curb box). Private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership.
D. Right Of Entry: The city has the right to enter in and upon private property, including buildings and dwelling houses, in or upon which is installed a municipal utility, or connection therewith, at all times reasonable under the circumstances, for the purpose of reading utility meters, for the purpose of inspection and repair of meters or a utility system, or any part thereof, for the purpose of connecting and disconnecting service and for the purpose of confirming connection to the city sewer system.
E. Unlawful Acts:
1. It is unlawful for any person to wilfully or carelessly break, injure, mar, deface, disturb or in any way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility.
2. It is unlawful for any person to make any connection with any municipal utility system without first having applied for and received a permit from the city to make the same.
3. It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected by the city for nonpayment of a bill, or for any other reason.
F. Permits And Connection:
1. Applications for permits shall be made by the owner or authorized agents of the owner, and shall state the party employed to do the work, location, name of owner, street number of the building to be connected, and how occupied. No person shall extend any private building drain beyond the limits of the building or property for which the service connection permit has been given.
2. Connection And Inspection: The applicant for the permit shall notify the city when ready for inspection and connection to the public sewer or water. The connection and inspection shall be made by the building inspector.
3. Excavations: All excavations for sewer and water installation shall be adequately guarded with barricades and lights so as to protect the public from hazard. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.
G. Municipal Utility Services And Charges A Lien:
1. Payment for service and charges provided for herein shall be the primary responsibility of the owner of the premises served, and shall be billed to him unless otherwise authorized in writing by the owner and consented to by the city. The city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this subsection.
2. Each charge is hereby made a lien upon the premises served. All such charges which are more than thirty (30) days past due shall be certified by the city administrator to the county auditor on the date established by the state, which coincides with special assessment certification to the county auditor, and the city administrator in so certifying such charges to the county auditor shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. A certification fee adopted by resolution of the city council will be assessed along with the delinquent bill. The amount so certified shall be extended by the county auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the county treasurer, and paid to the city along with other taxes.
H. Damage To Municipal Utility Equipment: It is unlawful for any person to intentionally cause any damage to any municipal utility equipment or appurtenance, including, but not limited to, meters, streetlights, water hydrants and curb cocks. Anyone unintentionally causing such damage shall pay the reasonable value thereto to the city, including labor for renewal and installation of any equipment and shall be, in effect, an insurer of any equipment in his possession or with which he comes in contact.
I. Municipal Utility Service Outside The City: Premises located outside the city shall not be connected to or served by any municipal utility, except such premises as are publicly owned or presently served. Persons needing municipal utility service whose property is located outside the corporate limits must initiate and complete annexation proceedings in advance prior to being provided with such service or services. (Ord. 84, 6th Series, eff. 3-21-2016)