(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)