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RATES AND FEES
(A) Anyone who obtains a connection to the water system of the city shall be required to pay a fee therefor, and other applicable costs. All fees and costs herein will be set by resolution of the City Council.
(B) The person obtaining the connection, in addition to the connection fees, shall pay the actual cost incurred by the city crews as established by resolution of City Council.
(C) Any connection outside the city limits will be at a fee not less than double the in-city connection fee and monthly rate fee. All fees associated with this chapter may be set by resolution of City Council.
(D) The city water rates shall be $32.10 per month.
(E) Any person or entity desiring to connect to the city water shall pay a fee to the city prior to connection in the sum of $5,000.
(1) The rates and fees set forth above may be changed from time to time by resolution of the City Council.
(2) Any fees or rates previously adopted and approved by the city which vary from the rates set forth in this division (E) shall remain in full force and effect if not altered herein.
(Ord. 577, passed 12-9-2003; Ord. 675, passed 10-4-2023; Ord. 676, passed 10-4-2023)
(A) Clerk to furnish statements for water use and water shutoff.
(1) For flat rate water service, the City Clerk shall furnish to each property owner, landlord or landlady, or his or her agent, or to the tenant in possession, by the first day of the month, a statement of the amount due for water rental for the next ensuing month.
(2) For metered water service, the City Clerk shall, in like manner, furnish a statement for the amount due for water rental for the month immediately prior thereto.
(3) If any person neglects to pay his or her water rent by the thirtieth day of said month, or shall fail or refuse to pay the water rent to the City Clerk, the City Clerk shall notify the Superintendent of Waterworks, who shall cause the water to be turned off from the premises of such delinquents. Before the water is again turned on, all pertinent provisions of this chapter must first be complied with.
(B) Failure to receive statements. The failure of any user of water to receive notice or statement of nonpayment of water fees will not affect the rights of the city to shut off water for nonpayment of bills.
(Ord. 577, passed 12-9-2003)
(A) Water rentals; effect of nonpayment. On or before the first day of each month hereafter, the City Clerk shall notify the Superintendent of Waterworks of all delinquent accounts, and it shall be his or her duty to immediately shut off the water from any building or premises for which the water rental has not been paid. No owner or tenant who has defaulted in the payment of water rent, or any subsequent owner or tenant of a building or premises from which water has been shut off, shall receive service until all past due delinquencies on said premises are paid in full, together with the charges for turning the water on.
(B) Owner liable; liens for unpaid bills.
(1) The owner of the premises shall at all times be liable to the city for all water, labor and material furnished to said premises at either the owner’s or tenant’s request.
(2) In the event that the charges for water, labor and material furnished upon any premises for any purposes are not paid when due and payable in accordance with the terms and provisions of this chapter, the City Clerk may make and file a lien in behalf of the city for the amount due within the time and in the manner provided for filing liens of mechanic and materialman under the provisions of the laws of the state, and such lien shall bind the premises in the same manner and to the same extent as such materialman’s and shall be foreclosed in the same general manner. Upon foreclosure thereof, attorneys’ fees and costs shall in like manner be allowed, or the city may sue to recover the amount due for such rental, labor and materials from the person or persons liable without filing a lien, the person shall be liable to pay all costs and attorneys’ fees. In like manner, a lien may be filed and foreclosed or suit brought to enforce the payment for any water, labor or material furnished or supplied by the city.
(C) 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) All bills are due and payable on or before the date set forth on the bill;
(b) 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) 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 in the sum of $50 or a turn-off charge in the sum of $50 (a total of $100 for both).
(Ord. 577, passed 12-9-2003)
(A) Any person found guilty of violating any of the provisions of this chapter shall be guilty of an infraction for each day said person shall remain in violation of this chapter. The fine for infraction violation shall be as for other infractions under the state code.
(B) Any person found guilty of violating any of the provisions of this chapter may have civil charges filed against them with the original criminal charges.
(Ord. 577, passed 12-9-2003)