(A) Nonpayment of special assessment and/or connection and operation maintenance, private hydrant and replacement charges. Nonpayment of any special assessment for water service or connection charges for connection to the waterworks system, private hydrants and repair charges 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, material, repair and private hydrant 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 water charge, the city may require as a condition to rendering water 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.
(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, a 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/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 charges 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.
(D) Nonpayment of service charges for multi-family dwellings. In cases where utilities are included in rent for multi-family dwellings with 20 or more units, the property owner or their designee will be responsible for the payment of all delinquent service charges, penalties, and re-establishment charges attributable to each individual unit. A property owner's continued failure, neglect, or refusal to pay such delinquent service charges, penalties, and re-establishment charges within the time granted for payment shall constitute a violation of this code and may be grounds to suspend or revoke the property owner's housing license pursuant to Chapter 152 of this code.
(Ord. 774, passed 8-28-95; Am. Ord. 865, passed 11-12-01; Am. Ord. 899, passed 7-26-04; Am. Ord. 1099, passed 9-9-24)