§ 52.49 USER CHARGE SYSTEM.
   (A)   Established, basis for computations. Rates and charges for the use of the wastewater system of the city shall be based upon the methodology in the user charge system approved by the Michigan Department of Natural Resources. Revisions to the rates for total sewer service charges are to be established by ordinance of the City Council, which may be enacted apart from the published ordinances as necessary to ensure sufficiency of revenues in meeting operation, maintenance and replacement costs, as well as debt service. User charges for operation, maintenance and replacement shall be subject to the annual review of the user charge system. User charges shall be the same for all customers of the system regardless of geographical boundaries. The charges and rates shall be made against each lot, parcel of land or premises which may have any sewer connections with the sewer system of the city, or which may otherwise discharge sewage or industrial waste, either directly or indirectly, into such system or any part thereof. Such charges shall be based upon the quantity of water used thereon or therein.
   (B)   Amounts; billings; sewer service charges. The rates and charges for service furnished by the system shall be levied upon each lot or parcel of land, building or premises, having any sewer connection with the system, on the basis of the quantity of water used thereon or therein as the same is measured therein used, or in the absence thereof, by such equitable method as shall be determined by the city, and shall be collected quarterly except in cases where the character of the sewage from a manufacturing or industrial plant, building or premises is such that unreasonable additional burden is placed upon the system, greater than that imposed by the normal domestic sewage delivered to the system plant, the additional cost of treatment created thereby shall be an additional charge over the regular rates hereinafter set forth; or the city may, if it deems it advisable, compel such manufacturing or industrial plant, building or premises, to treat such sewage in such manner as shall be specified by the city before discharging the sewage into the sewage disposal system. Rates for all users obtaining all or part of their water supply from sources other than the city water system may be determined by gauging or metering the actual sewage entering the system or by metering the water used by them, in a manner acceptable to the city.
   (C)   Annual audit. The rates hereby fixed are estimated to be sufficient to provide for the expenses of operation, maintenance and replacement of the system as are necessary to preserve the same in good repair and working order. The rates shall be fixed and revised from time to time as may be necessary to produce these amounts. An annual audit shall be prepared. Based on the audit, rates for sewage services shall be reviewed annually and revised as necessary by the City Council by resolution to meet system expenses and to insure that all user classes pay their proportionate share of operation, maintenance and equipment replacement cost.
   (D)   No free service. No free service shall be allowed for any user of the wastewater treatment works.
   (E)   Billing. Billing for wastewater service shall be the city’s responsibility. All water meters shall be read quarterly and bills rendered quarterly.
   (F)   Termination of service for nonpayment. 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 30 days of the mailing of the second bill, service will be discontinued for nonpayment; and
      (3)   That any customer disputing the correctness of his 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 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.
   (G)   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.
   (H)   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 in the sum of $50.
   (I)   Collection of delinquent accounts. Unpaid charges for sewage disposal service furnished to any premise within the city shall be a lien against the premise. Enforcement of this lien shall be made pursuant to city code and/or statute. This lien remedy does not preclude any other remedy provided by law. Those premises outside the city that are served by the city wastewater treatment works that have delinquent bills will be certified to their governmental unit for collection as provided in the contract between the city and the governmental unit.
   (J)   Annual notification. All customers of the city’s wastewater treatment works will receive an annual notification, either printed on the bill or enclosed in a separate letter, which will show the breakdown of the sewer into its components for operation, maintenance and replacement and for debt service.
(Prior Code, § 30-96) (Ord. 92-7, passed 8-20-1992)