Loading...
RATES AND CHARGES
(A) It is recognized that use of the system requires payment of costs of providing the services of the system. Such costs include not only the day- to-day operation and maintenance costs, but also the costs incurred to construct and install the system components, the cost to undertake reasonably foreseeable repairs and replacement, the costs to treat wastes of extra strength or volume, and the like. When the system components were designed and constructed, they necessarily needed to be sized to accommodate all foreseeable possible usage of the system from a premises so the system is available to accommodate such reasonably foreseeable usage. Accordingly, certain charges are imposed regardless of actual usage, while other charges recognize that those who actually make more use of the system should pay more.
(B) Rates, fees and charges for connection to and use of the system shall be in amounts established from time to time by resolution of the City Commission, based on the following:
(1) All users within the city shall pay user rates and charges based on the cost of providing sanitary sewer service in accordance with the following:
(a) A service charge based on water meter size for each meter on the premises. The service charge shall be the minimum charge to a user, regardless of actual water or sanitary sewer use.
(b) Except as otherwise provided in division (G), a consumption charge per cubic gallon of water used from the city water system. This volume or commodity charge shall be in addition to the service charge.
(c) If a system user is not connected to the city water system, the City Commission shall establish by resolution a flat rate commodity charge, based on a table of unit factors, upon the size of the water meter that would be installed if city water service was provided to the premises or using another methodology that, at the City Commission's discretion, provides a reasonable basis to roughly approximate the amount of water and, consequently, sanitary sewer usage for the premises.
(2) A debt service charge shall be paid by all users of the system for the purpose of generating revenues for retirement of bonds issued after January 1, 2000, for the construction of system improvements. Such debt service charge may be calculated on the same basis as and added to either the service charge provided in division (B)(1)(a) of this section, or the consumption charge provided for in division (B)(1)(b) of this section, or as part of both such charges.
(3) For any premises not currently metered, there shall be a meter charge to defray the cost of the meter and its installation, which shall be the current charge established under the water ordinance provisions of the city code.
(4) A connection fee or fees shall be levied for all connections to the sewer system. Such fees shall be based upon the table of equivalent units to be established from time to time by resolution of the City Commission. Services shall be inspected to insure acceptable connection to the public system. This inspection shall include, but not be limited to, the following:
(a) Direct connection. Direct connections are those which are made to an existing public sanitary sewer. (Refer to § 51.042(J).)
1. Tap to main sewer.
2. Service line materials and installation.
3. Connection of service line within right-of-way to service line on private property.
(b) Indirect connection. The connection of service line within right-of-way to service line on private property shall be inspected. Indirect connections are those which are made to an existing service lead, which meets all chapter requirements.
(5) If the character of the sewage of any user imposes an unreasonable additional burden upon the sewage disposal and transmission system of the city, then an additional charge shall be made. Effluent in excess of the maximum limitations imposed by this chapter shall be deemed prima facie subject to surcharge. If necessary to protect the system or any part thereof, the city shall deny the right of any user to empty such sewage into the system. Surcharges required by this section shall be computed as a percentage of the annual cost of operation and maintenance, including replacement, multiplied by the ratio of weight of surchargeable excess of the discharged substance to the total weight of such substance that is treated in that year. This amount shall be collected, on the basis of estimated surchargeable amounts, with each periodic billing and shall be adjusted annually to reflect actual operation, maintenance and replacement costs. Surcharge rates shall be established by resolution of the Commission, and the amount necessity of surcharge may be appealed by the user to the Sanitary Sewer Board of Appeals hereinafter established.
(6) In addition to all other charges, individual users affected by the pretreatment requirements of this chapter may be assessed charges for recovery of cost incurred by the city for the following:
(a) A proportionate share of the cost to establish and administer the pretreatment program.
(b) Fees to cover the cost of preparing and reviewing wastewater contribution permits.
(c) The cost of inspecting construction of individual pretreatment facilities.
(d) The cost to monitor compliance with provisions of the wastewater contribution permit, including sampling, testing and analysis of the individual discharge, inspections of a user's monitoring and pretreatment facilities, inspections or sampling for users with a grease interceptor permit, review of response submitted by the user, and any other surveillance activities.
(e) The cost of reviewing and inspecting spill containment and accidental discharge procedures and facilities.
(f) Fees for the consistent removal of a pollutant (by the city) which is otherwise subject to federal categorical pretreatment standards.
(g) Other charges as may be necessary to carry out the pretreatment requirements of the chapter.
(7) Nothing in this section shall be construed as prohibiting any special agreement or arrangement between the city and the users whereby the sanitary wastes of unusual flows, strength or character of such user or class of users may be accepted into the system, subject to payment therefor by such users or class of users.
(C) Rates shall be established by resolution of the City Commission and shall be revised from time to time as required to maintain the fiscal integrity of the system, and the same may be revised and taxed by resolution of the City Commission as may be necessary to produce the amounts required to pay such charges and expenditures and provide the fund necessary for the maintenance of the financial integrity of the system.
(D) Nothing in this section shall be construed as limiting, modifying or amending any special assessments levied against certain properties within the city in connection with the construction of sanitary sewers.
(E) For customers with multiple meters, each meter shall be treated as a separate customer for calculation of charges.
(F) The city may require metering of water and/or sewage flows for premises not connected to the city water system to determine the adequacy of charges.
(G) Sewer users in the city are charged based on their metered use of water. However, some users use water in such a way that does not result in return water flow to the sanitary sewer system, and therefore their sewage charge does not reflect actual sewer use. Accordingly, notwithstanding any other provision of this chapter, users meeting the following criteria may install a city-approved meter to calculate the amount of water used that is not discharged into the sewer system, and have their sewer charges reduced according to that amount:
(1) Residential use. A user may, at his or her sole expense, install a city-approved meter for lawn irrigation or landscaping purposes only. Users installing residential meters in accordance with this division shall be charged the service charge, defined in division (B)(1)(a) above, for the months of May to October only.
(2) Commercial or industrial use. For commercial or industrial manufacturing uses, the user shall:
(a) Submit an application to the WRRF Superintendent, in a form developed by the WRRF Superintendent, for approval, demonstrating that the proposed manufacturing use will not result in water being discharged into the sanitary sewer system. The WRRF Superintendent shall develop a policy establishing the criteria to be considered for approving such requests.
(b) Pay the full cost of installation of a separate city-approved meter and appropriate lines that will meter the use of water for manufacturing purposes only. After installation, the city shall inspect and approve the meter and lines.
(c) Users shall provide reasonable access to the meters for ongoing inspections.
(d) Users shall not direct any water metered through a water-only meter to the sanitary sewer system.
(H) Users meeting the criteria under § 51.100(G) will be charged for all metered water at the rates set from time to time by the City Commission, and shall not be charged for sanitary sewer services on the meter readings made.
(I) If, through its inspections or meter readings, the city determines that a user authorized under § 51.100(G) diverts water metered by a water-only meter and into the sanitary sewer system, the city shall bill the user for the sanitary sewer use at the rates then established, as they may be amended from time to time by the City Commission, for all billing periods during which the unlawful diversion occurred. If the billing periods during which unlawful diversion occurred cannot be established, the sanitary sewer charges will be applied, based on the water usage of the meter for the preceding three years.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 850, passed 12-11-00; Am. Ord. 979, passed 5-28-13; Am. Ord. 1074, passed 9-27-21)
(A) Table of unit factors. For the purposes of rates, fees and charges as provided in § 51.100, the City Commission may adopt and amend from time to time by resolution a table of unit factors setting forth and identifying the user class and all applicable factors to be multiplied by the monthly charge established for single-family residential premises.
(B) Rules for interpreting table of unit factors.
(1) The minimum equivalent factor for commercial and industrial users shall be 1.0.
(2) Equivalent units for users contained in said table will be based upon the size of the water meter serving the facility.
(C) Appeal. A property owner having an equivalent unit factor of more than one may, upon written request, appeal to the Sanitary Sewer Board of Appeals established pursuant to this chapter.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 850, passed 12-11-00; Am. Ord. 866, passed 11-26-01; Am. Ord. 1074, passed 9-27-21)
Cross reference:
Sanitary Sewer Board of Appeals, see § 51.126
No free service shall be furnished to any user of the system, and there shall be no waiver or forgiveness of charges levied pursuant to this chapter. However, any resident eligible for deferment of payment of such fees pursuant to the laws of the state shall be permitted to request such deferment or partial payment in accordance with applicable laws, rules and regulations.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 850, passed 12-11-00; Am. Ord. 1074, passed 9-27-21)
(A) When utility charges are not timely paid, it is necessary to re-bill, to undertake other procedures required by this chapter, to prepare separate notices and accountings and undertake other tasks that are not needed if such charges are timely paid. In addition, the other system users essentially subsidize the non-paying or late paying user's use of the system. The system is not established, operated or well-adapted to provide financing services for its users. Accordingly, charges are made to compensate the system for the costs incurred due to untimely payments
(B) Billing for water and sewer charges shall be made monthly and bills shall be sent to consumers monthly. A late payment charge of 5% of the total monthly bill shall be added if the bill is not paid by the fifteenth day of the month. Each subsequent month an additional 1% will be added until payment is made.
(Ord. passed - - ; Am. Ord. 527, passed 8-15-77; Am. Ord. 558, passed 4-16-79; Am. Ord. 778, passed 10-9-95; Am. Ord. 850, passed 12-11-00; Am. Ord. 1074, passed 9-27-21)
(A) Nonpayment of special assessment and/or connection and operation maintenance, and replacement charges. Nonpayment of any special assessment for sewer service or connection charges for connection to the system shall subject the property owner to a liability for such charges and penalties as provided for a late or delayed connection.
(B) Nonpayment of service charge.
(1) Discontinuance of service. If a service charge established pursuant to this chapter remains delinquent for a period of 45 days, the city may shut off and discontinue water and/or sewer service to such premises. Such service shall not be re-established until all delinquent charges, penalties and a charge for the re-establishment of such service shall be paid. The turn-on charge shall be established by resolution of the City Commission.
(2) Collection by litigation. In addition to discontinuing service, the city shall have the option of collecting all such delinquencies and penalties due pursuant to this chapter by legal proceedings in a court of competent jurisdiction.
(3) Collection by enforcement of lien. Service, installation, inspection, use and material charges and fees, including penalties and interest due thereon, shall constitute a lien on the premises served from the date of such service, unless the city is served with written notice that a tenant is responsible for such charges. The city official or officials in charge of the collection annually, not later than May 1 of each year, shall certify to the tax assessing officer the fact and the amount of such delinquency. The charge shall then be entered by the tax assessing officer of the city upon the next tax roll as a charge against the premises, and shall be collected and the lien thereof enforced in the same manner as general taxes against such premises are collected and tax liens enforced. If the city is provided with notice in writing, including a copy of the lease of the affected premises, that a tenant is responsible for the sewer charge, the city may require, as a condition to rendering sewer services to such premises, a cash deposit equal to service charges at current rates for three months as security for the payment of service charges.
(4) Collection of an administrative fee. The city may collect an administrative fee to offset the cost of attaching liens and collecting delinquent services charges pursuant to § 51.104(B)(3). Such fee shall be established from time to time by resolution of the City Commission, and shall not exceed the cost incurred administering and collecting such liens.
(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 provision to the effect:
(a) That all bills are due and payable on or before the date set forth on the bill.
(b) That if any bill is not paid by or before the date, a shut off notice will be mailed, containing a cutoff notice that if the bill is not paid within ten days of the mailing, service will be discontinued for nonpayment; and
(c) That any customer disputing the correctness of his or her bill shall have the 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 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 charge 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 delinquent service have been paid, along with a turn-on charge to be established by resolution of the City Commission.
(Ord. 622, passed 3-4-85; Am. Ord. 704, passed 3-12-91; Am. Ord. 850, passed 12-11-00; Am. Ord. 979, passed 5-28-13; Am. Ord. 1074, passed 9-27-21)
ADMINISTRATION AND ENFORCEMENT
Loading...