(A) Rationale. It is recognized that use of the waterworks system requires payment of costs of providing the services of the waterworks system. Such costs include not only the day-to-day operation and maintenance costs, but also the costs incurred to construct and install the waterworks system components, the cost to undertake reasonably foreseeable repairs and replacement, and the like. When the waterworks system components were designed and constructed, they necessarily needed to be sized to accommodate all foreseeable possible usage of the waterworks system from a premises so the waterworks 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 waterworks system should pay more.
(B) Establishing rates, fees and charges. Rates, fees and charges for connection to and use of the waterworks system shall be in amounts established from time to time by resolution of the City Commission, based on the following: all users within the city shall pay user rates and charges based on the cost of providing water service in accordance with the following:
(1) 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.
(2) A consumption charge per gallon of water used from the city waterworks system. This volume or commodity charge shall be in addition to the service charge.
(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 waterworks system. Such fees shall be established from time to time by resolution of the City Commission. Such fees include the cost of tapping the main, installing the corporation cock, furnishing and laying the service pipe to the property line, and installing stop cock and shutoff box.
(5) 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 waterworks 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 funds necessary for the maintenance of the financial integrity of the waterworks system.
(C) Special assessments. 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.
(D) Multiple meters. For customers with multiple meters, each meter shall be treated as a separate customer for calculation of charges.
(E) Water service outside the city limits. Rates and charges for water service outside the city limits shall be determined by multiplying by 1.325 the rates established in division (B) of this section.
(F) Contractual rates. Nothing in this section shall be construed as prohibiting any special agreement or arrangement between the city and its consumers.
(G) Billing procedures.
(1) 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 waterworks system users essentially subsidize the nonpaying or late paying user's use of the waterworks system. The waterworks system is not established, operated or well-adapted to provide financing services for its users. Accordingly, charges are made to compensate the waterworks system for the costs incurred due to untimely payments.
(2) Billing for water charges shall be made monthly and bills shall be sent to consumers monthly, based on either an actual reading of the meter or a reasonable estimate of the reading. 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.
(3) The city may collect an administrative fee to offset the cost of attaching liens and collecting delinquent services charges pursuant to § 52.27(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.
(4) In cases where utilities are included in rent for multi-family dwellings with 20 or more units, the property owner or their designee will pay utility charges directly to the city. Property owners who fail to pay said utility charges by the fifteenth day of the month two times within a 12-month period will be required to:
(a) Make a late payment charge of 10% of the total monthly bill. Each subsequent month an additional 2% will be added until payment is made; and
(b) Place a cash deposit with the Water Department as security for payment of all water and/or sewer charges. The amount of the deposit shall not exceed the average of three months of billing attributed to utility services provided at the owner's property. Should the city use, apply, or retain the whole or any part of the deposit, the property owner shall replenish the deposit to its full sum within 15 days after being notified by the city of the amount due. The property owner shall be in violation of this section if the amount due is not paid within the required period of time;
(c) The successful payment of the utilities under this division for a period of 24-months after their last delinquent payment will result in the return of the property owner's security deposit and a return to traditional enforcement practices under this chapter in compliance with § 52.30; and
(d) Nothing herein precludes the city from exhausting any and all other enforcement methods provided for under in this chapter, including, but not limited to, disconnection of service.
(e) A property owner may appeal this determination by the Water Department to the City Manager to allow the property owner the opportunity to prove compliance or hardship relating to such determination.
(Ord. 774, passed 8-28-95; Am. Ord. 865, passed 11-12-01; Am. Ord. 899, passed 7-26-04; Am. Ord. 979, passed 5-28-13; Am. Ord. 1099, passed 9-9-24)