(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)