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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
The Director of the Division of Public Works of the city, working with the WRRF Superintendent, is charged with the responsibility of administering the system and causing the enforcement of this chapter.
(Ord. 622, passed 3-4-85; Am. Ord. 1074, passed 9-27-21)
(A) Creation of Board. A Sanitary Sewer Board of Appeals is hereby created to hear and consider all properly submitted appeals.
(B) Meetings and membership of Board. The Sanitary Sewer Board of Appeals shall meet as frequently as is necessary to hear all appeals properly submitted to it. All other matters relating to the meetings, qualifications for membership, appointment to office, term of office, and all other organizational matters of said Board shall be determined by resolution of the Commission.
(C) Authority of Board. The Sanitary Sewer Board of Appeals shall hear, consider, and make recommendations to the city of the following matters:
(1) Appeals pursuant to § 51.060(B) of this chapter to allow the property owner additional time in which to connect to the system, without penalty or legal action, because of adverse weather conditions;
(2) Appeals pursuant to § 51.101(C) of this chapter to review the equivalent unit factor assigned a property owner; and
(3) Applications for deferring partial or total payment of connection charges in the cases of undue hardship pursuant to § 51.102 of this chapter.
(D) Final action. After hearing and considering an appeal, the Sanitary Sewer Board of Appeals shall submit its recommendations as to the granting, denying, or modification of the decision appealed or relief being sought to the Commission, and the decision of the Commission on the matter shall be final.
(Ord. 622, passed 3-4-85; Am. Ord. 1019, passed 11-14-16; Am. Ord. 1074, passed 9-27-21)
(A) Right of entry. Agents of the city, the Michigan Department Environment, Great Lakes, and Energy or the U.S. Environmental Protection Agency shall have the right to enter all properties for the purpose of inspecting, measuring, sampling and testing the wastewater discharge as well as reviewing and copying all relevant records, and the performance of any additional duties.
(1) Where a user has security measures in force, which require proper identification and clearance before entry into its premises, the user shall make necessary arrangements with its security guards so that, upon presentation of suitable identification, the Plant Superintendent will be permitted to enter without delay for the purposes of performing specific responsibilities.
(2) The Plant Superintendent shall have the right to set up on the user's property, or require installation of, such devices as are necessary to conduct sampling and/or metering of the user's operations.
(3) The Plant Superintendent may require the user to install, monitoring equipment as necessary. The facility's sampling and monitoring equipment shall be maintained at all times in a safe and proper operating condition by the user at its owner expense. All devices used to measure wastewater flow and quality shall be calibrated annually to ensure their accuracy.
(4) Any temporary or permanent obstruction to safe and easy access to the facility to be inspected and/or sampled shall be promptly removed by the user at the written or verbal request of the Plant Superintendent and shall not be replaced. The costs of clearing such access shall be borne by the user.
(5) Unreasonable delays in allowing the Plant Superintendent access to the user's premises shall be a violation of this chapter.
(B) Power and authority of inspectors.
(1) Duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observations, measurement, sampling and testing in accordance with the provisions of this chapter. Inspectors shall be allowed to inspect and copy all relevant records.
(2) Duly authorized employees of the city may enter at all reasonable times in or upon private or public property for the purpose of inspecting and investigating conditions or practices which may be in violation of this chapter or detrimental to the system.
(3) Duly authorized employees of the city shall inspect the on-site work occurring by reason of any system permit. Such person shall have the right to issue a cease and desist order on the site upon finding a violation of said permit or this chapter. The order shall contain a statement of the specific violation and the appropriate means of correcting the same and the time within which correction shall be made.
(C) Search warrants. If the Plant Superintendent has been refused access to a building, structure, or property, or any part thereof, and is able to demonstrate probable cause to believe that there may be a violation of this chapter, state statutes, or regulations, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program of the city designed to verify compliance with this chapter or any permit or order issued hereunder, or to protect the overall public health, safety and welfare of the community, then the City Manager may seek issuance of a search warrant from the Circuit Court for the County of Isabella.
(Ord. 622, passed 3-4-85; Am. Ord. 1074, passed 9-27-21)
The city reserves the right to immediately and effectively halt or prevent any discharge to the POTW (after informal notice to the discharger) which reasonably appears to present an imminent endangerment to the health or welfare of persons.
(Ord. 622, passed 3-4-85; Am. Ord. 689, passed 4-10-89; Am. Ord. 704, passed 4-11-91; Am. Ord. 727, passed 6-27-91; Am. Ord. 1074, passed 9-27-21)
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