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All owners, occupants or lessees of any premises that is occupied and used for any purpose, including, but not limited to, residential, commercial, industrial, governmental, religious, civic and nonprofit, with municipal water and/or sewer utilities connected and/or serving said premises shall be deemed users of all municipal utilities, including water service, sewer service, electrical service and municipal solid waste management disposal service, and pay a service fee, established by resolution of the governing body, for such use.
(Prior Code, § 3-702) Penalty, see § 10.99
(A) Service fees for use of municipal utilities shall be established by the governing body for each service individually and combined into one municipal utilities bill. Municipal utilities bills shall be due and payable on the first day of each month at the office of the Municipal Clerk-Treasurer or designee. Bills not paid by the tenth day of the month shall be deemed to be delinquent. Refusal or nonpayment of any part of a municipal utilities bill as a whole is deemed to be delinquent.
(B) An owner of rental property, whether commercial or residential, shall be jointly and severally responsible with tenants for payment of any delinquent municipal utilities bills that are not promptly paid by the owner’s tenant or tenants.
(C) This chapter applies to all rental properties, whether commercial, single-family residential, apartment complex, mobile home courts or other rental property. The owner shall be furnished a copy of the notice of delinquency that is served upon the tenant and the owner shall have all information afforded by § 50.05.
(Prior Code, § 3-703)
The governing body has the power and authority to fix the rates to be paid by the users of municipal utilities. All such fees shall be on file for public inspection at the office of the Municipal Clerk-Treasurer. The Municipal Clerk-Treasurer shall bill the consumers for use of municipal utilities and collect all money received by the municipality. Upon receipt of municipal utilities user service fee, the Municipal Clerk shall remit said monies to the Municipal Treasurer, who shall then credit, in the following order, the Water Department, the Sewer Department, the Electrical Department and the Municipal Solid Waste Management Department.
(Prior Code, § 3-704)
Statutory reference:
Similar provisions, see Neb. RS 17-539 and 19-2106
(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DOMESTIC SUBSCRIBER. Shall not include municipalities, cities, villages, political subdivisions, companies, corporations, partnerships, limited liability companies or businesses of any nature.
(Neb. RS 70-1602)
(B) No utility owned and operated by the village furnishing water, natural gas or electricity at retail in the village shall discontinue service to any domestic subscriber for nonpayment of any past-due account unless the utility first gives written notice by mail to any subscriber whose service is proposed to be terminated at least seven days prior to termination. As to any subscriber who has previously been identified as a welfare recipient to the utility by the Department of Health and Human Services, the notice shall be by certified mail and notice of such proposed termination shall be given to the department.
(Neb. RS 70-1603)
(C) Prior to the discontinuance of service to any domestic subscriber by a utility owned and operated by the village, the domestic subscriber, upon request, shall be provided a conference with the Board of Trustees. A utility owned and operated by the village shall not be subject to Neb. RS 70-1608 through 70-1614, but the Board of Trustees shall establish a procedure to resolve utility bills when a conference is requested by a domestic subscriber. The procedure shall be in writing, and a copy of such procedure shall be furnished upon the request of any domestic subscriber. The Board of Trustees shall notify the domestic subscriber of the time, place and date scheduled for such conference.
(Neb. RS 70-1604)
(D) The utility shall establish a third-party notice procedure for the notification of a designated third party of any proposed discontinuance of service and shall advise its subscribers, including new subscribers, of the availability of such procedures.
(Neb. RS 70-1607)
(E) This section shall not apply to any disconnections or interruptions of services made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Neb. RS 70-1615)
(A) Whenever a municipality removes any garbage or refuse, or causes it to be removed, from any lot or land pursuant to Chapter 51, it shall, after a hearing conducted by the governing body, assess the cost of the removal against such lot or land.
(Prior Code, § 4-209)
(B) In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for electrical service furnished, the amount due, together with any other charges in arrears, shall be considered a delinquent electrical bill which is hereby declared to be a lien upon the real estate for which the same was used. The delinquent electrical bill shall be placed upon the assessment rolls for collection as a special tax. It shall be the duty of the Clerk-Treasurer to report to the governing body on June 1 of each year a list of all unpaid accounts due for electricity, together with a description of the real estate upon which the same was used. The report shall be examined and, if approved by the governing body, shall be certified by the Municipal Clerk-Treasurer to the County Clerk in the same manner as for the collection of other special taxes to be collected by the County Treasurer. The Clerk-Treasurer shall notify the property owners of any delinquency that is 60 days or more overdue.
(Prior Code, § 3-307)