(A) Penalties. A late payment penalty shall be assessed on the full balance of all accounts with a past due balance in an amount set forth by the City Council from time to time.
(B) Shut-off for nonpayment. Water or electric service shall not be shut-off until notice and an opportunity for a hearing before an employee designated by the public utility commission has been provided to the occupant and owner of the premises involved.
(1) If any bill is not paid by the due date listed on the bill, a second bill will be mailed by first class mail and shall state that if payment is not made within ten (10) days of the mailing of the second bill, water or electric service to the premises may be shut off for nonpayment.
(2) The second bill and shut-off notice shall contain the title, address and telephone number of the official in charge of billing; the title, address and phone number shall be clearly visible and easily readable.
(3) The notice shall also state that any occupant or owner has the right to a hearing before the water or electric service is shut off. The owner or occupant may be represented in person and by counsel or any other person of his or her choosing. The owner or occupant may present orally or in writing his or her complaint to the city official in charge of utility billing. This official shall be authorized to order continuation of the customer's service and shall have the authority to adjust the customer's bill or enter into a mutually agreeable payment plan.
(4) If an occupant or owner requests a hearing, the water or electric service shall not be shut off until the hearing process is complete.
(5) If a customer fails to pay and fails to request a hearing under this part, service may be shut off at the time specified in the notice.
(C) Certification for collection with taxes. Unpaid charges on utility 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 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.
(D) A hearing shall be held on the matter by the Public Utility Commission. 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 subchapter, the city may certify the unpaid charges to the county auditor for collection as other taxes are collected.
(E) For each certification sustained, the property owner shall have the following options after the hearing:
(1) To pay the certified delinquent amount after the hearing date, but before the certification deadline.
(2) To pay the certified charges as billed to them by the county on their property tax statement with a collection term of one (1) year.
(F) Fifteen (15) days after the hearing, the certified roll, minus any payments, shall be delivered to the County Auditor.
(Ord. 346, passed 6-6-2006; Am. Ord. 376, passed 1-20-2009; Am. Ord. 480, passed 2-16-2021)