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§ 51.006 MINIMUM MONTHLY BILLING.
   (A)   The minimum monthly meter charge shall be the regular minimum for the particular meter size as set out in the town’s fee schedule.
   (B)   The minimum monthly charge assessed to each unit of a multiple unit establishment for service from a single meter shall be equivalent to the monthly service charge for a single three-fourths-inch meter and service as set out in the town’s fee schedule.
   (C)   Multiple units served by a single meter include mobile home parks, apartments, condominiums, and the like: the account for such units shall be billed the minimum monthly unit charge multiplied by the number of units located at the establishment per month, or usage based on the meter size as set out in the town’s fee schedule, whichever is greater.
   (D)   Hotels and motels shall be billed at the rate of one minimum monthly unit charge for every three rooms at the establishment, or usage based on the meter size as set out in the town’s fee schedule, whichever is greater.
   (E)   Campgrounds and recreational vehicle parks shall be assessed the minimum monthly unit charge for every two spaces or hook-ups at the campground/park, or usage based on the meter size as set out in the town’s fee schedule, whichever is greater.
   (F)   Restaurants shall be billed at a minimum unit charge for every 20 seats, or usage based on the meter size as set out in the town’s fee schedule, whichever is greater.
   (G)   Sewer rates and charges are set forth in the town fee schedule. Sewer is computed at 100% of the water usage from the meter. Multiple dwelling unit accounts are charged at a sewer rate for each dwelling unit in the same manner as water charges are computed.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014)
§ 51.007 UTILITY RATES OUTSIDE MUNICIPAL LIMITS.
   Persons, firms or corporations receiving municipal water services at locations lying outside the corporate limits of the town shall be charged at a rate as set out in the town’s fee schedule.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014)
§ 51.008 COLLECTION CHARGES AND DELINQUENT ACCOUNTS.
   (A)   Customers will be billed a monthly minimum plus a charge for the amount of water metered over the allotted minimum, in accordance with the town’s fee schedule. This minimum charge shall be the based on the sum of the number of units on the premises. The minimum water usage allowed shall be that which would be equal to the number of units times the allotment for a three-fourths-inch meter. Sewer charges are based on 100% of the water usage and included in this monthly billing.
   (B)   Failure to receive bills or notices shall not prevent such bills from becoming delinquent or relieve the customer from payment.
   (C)   Water bills are mailed out near the twenty-fifth of each month, and a billing and past due date is clearly printed on the bill. Payment is due in full by the fifteenth day of the following month, or the first working day thereafter, or service shall be considered late on sixteenth, or the next business day after, and a 4% penalty shall be added to the customers account. Customers with a previous balance on their current water bill are subject to cut-off policy; and a cut-off fee as set forth in the town’s fee schedule shall be added to the account and the service will be disconnected. The Town Manager may authorize the removal of the penalty based on a case-by-case investigation.
   (D)   Service disconnected for non-payment of bills shall be restored only after all bills are paid in full. A service charge as set out in the town’s fee schedule shall become due immediately for each account disconnected. There shall be no services reconnected after normal business hours.
   (E)   Bills may be mailed in, paid in person at Town Hall during normal business hours or placed in the depository box next to the Town Hall front door after office hours. Utility bills may be drafted from the customer’s checking or savings account. The form is available at the Water Department. Customers may also pay their bills on line or by credit or debit card. Utilities Department technicians are not authorized to accept any payments.
   (F)   There shall be a service charge for returned or unpaid checks, or unpaid draft accounts, as set out in the town’s fee schedule. In the event of a returned or unpaid check, water service may be terminated until all bills and fees are paid in full. The town reserves the right to refuse further checks from a consumer that has had returned checks.
   (G)   Any account which appears on three consecutive monthly disconnect lists shall be discontinued, and the deposit applied to the bill. The same customer shall only re-open an account after a reconnection fee as set out in the town’s fee schedule, per account, is paid, along with all unpaid balances and a new deposit fee. Unpaid balances shall be turned over to the credit bureau or other collection agencies as determined by the Town Manager for collection.
   (H)   Sewer connections that have been plugged or severed due to delinquent accounts shall be unplugged or reconnected to the sewer system upon the payment of all outstanding sewer user bills and payment of a reconnection fee, as set out in the town’s fee schedule.
   (I)   Partial payments will be applied in the following order: penalties and fees, solid waste, sewer, and lastly water charges.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014; Ord. 2023-03, passed 7-13-2023)
§ 51.009 CONSUMER SERVICE LINE LEAKS AND ADJUSTMENTS.
   (A)   Adjustments may be made to bills only under the following conditions:
      (1)   On a concealed leak in the customer’s piping, an adjustment may be made upon receipt of a statement from a licensed plumber that the leak has been repaired;
      (2)   On a concealed leak in the customer’s piping, an adjustment may be made upon receipt of a signed statement from the property owner or his or her legal representative that the repair has been made and meets or exceeds the plumbing codes of the town;
      (3)   Upon inspection by Utilities Department personnel that find the problem corrected; and
      (4)   Under other circumstances, such as theft of services, where the evidence indicates to the Town Manager that an adjustment is the appropriate answer to the situation.
   (B)   When Utility Department personnel discover that a leak exists, and the owner is notified of the same, the owner shall take immediate steps within seven days to correct the situation. Undue delay by the owner shall cause forfeiture of the benefits of adjustments. If the leak is of a severity as to possibly cause property damage or to endanger the water system, the Utility Department will immediately turn off the water without further notice.
   (C)   The Town Manager shall have the authority to grant an adjustment on concealed water leaks to the customer’s annual average monthly water usage along with an adjustment up to 100% of the excessive sewer usage unless the concealed usage entered the sewer system
   (D)   If a water and/or sewer user believes a bill to be in error, the user shall present a claim, in person or in writing, at the Customer Service Department office before the bill becomes delinquent. Such claims, if made after the bill has become delinquent, shall not be effective to prevent discontinuance of service as provided in this section. The user may pay such bill under protest and payment under protest shall not prejudice his or her claim. The Town Manager may authorize corrections for billing errors.
   (E)   Customers who pay a sewer bill may be granted an adjustment to their sewer bills for filling their pool. Customers must present in writing to the Customer Service Department a request to have their sewer bill adjusted for filling their pool. The customer should make every attempt to read his or her meter prior to and after filling their pool. The customer may also request the meter technician read his or her meter. If the customer fills their pool without meter readings he or she must present the dimensions of the pool so that an accurate adjustment to sewer may be calculated
   (F)   In extreme cases of personal hardship verified by the Town Manager, a delay of up to 120 days of the payment date of the water bill may be granted. Such a delay may be granted no more than one time per year and may be granted only by the Town Manager. All other bills during that period of time shall be due and payable in accordance with this section.
   (G)   The Town Manager or the Director of Public Utilities shall make adjustments on bills for water usages requested or directed by the town to minimize or eliminate operational problems.
   (H)   The Town Manager shall be the final reviewing authority for all appeals.
   (I)   The leak must be a concealed leak. Leaking or running commodes, faulty treatment systems (water softeners), faucets inside or outside, exposed piping, outdoor showers, hose bibs, water fountains, dishwashers and the like normally shall not necessarily be considered concealed leaks.
   (J)   The record owner of property to which water service is supplied shall be responsible for the repair, maintenance or replacement of any leaks occurring in the owner’s system without regard to whether the property is occupied by the owner, a tenant or is unoccupied. Each owner shall be responsible for a tenant’s use of plumbing fixtures, pipes and other water using equipment located on the owner’s property.
   (K)   If the seal of a meter is broken by other than a town representative or if the meter fails to register correctly or is stopped for any cause, the consumer shall pay an amount estimated from the record of his or her previous bill and/or from other proper data. This division (K) in no way prohibits the town from applying any penalties listed under § 51.015 for meter tampering if there is evidence that it has occurred.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014)
§ 51.010 CONNECTS AND DISCONNECTS.
   (A)   The Water Department shall connect and disconnect water service, at the customer’s request, at a no service charge during normal business hours and at a fee, as set out in the town’s fee schedule, after normal business hours, to be billed to the customer, provided however, that there shall be no service charge for disconnections due to leaking services.
   (B)   Property owners may close out their account even though they still own the property, however, there shall be a service charge as set out in the town’s fee schedule, plus deposit, to re-establish the account.
   (C)   The Utility Department requires a minimum of two weeks’ notice to enable the scheduling of new water and/or sewer taps.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014)
§ 51.011 CHANGE OF OCCUPANCY.
   (A)   Not less than three working days’ notice must be given in person, or in writing, at the Customer Service Office, to discontinue service for a change of occupancy.
   (B)   The outgoing party shall be responsible for all water consumed up to the time specified for departure, or the actual departure, whichever period is longer.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014)
§ 51.012 RESALE OF WATER.
   (A)   A new consumer shall not supply more than one residence from one meter. Existing residential multi-dwellings (apartments, motels, condominiums and the like) may be serviced through one meter of sufficient size and capacity as determined by the Utility Department. Only one such building shall be served by each meter, unless otherwise permitted by the Utility Department in writing. Liability for payment of water usage shall be the responsibility of the owner(s) of said buildings, or the person in whose name the application is made.
   (B)   Existing mobile home courts or mobile home parks may be serviced through one meter of sufficient size and capacity as determined by the town. The liability for payment of water bills and fees shall be the responsibility of the owner(s) of said property. New mobile home courts or mobile home parks shall have each trailer served by individual meters.
   (C)   It is unlawful under the regulations of the Public Water Supply Branch and the Utilities Commission for a property owner to resell or bill tenants for water usage without proper permitting from the appropriate state agency.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014) Penalty, see § 10.99
§ 51.013 CONNECTION TO WATER AND SEWER SYSTEM REQUIRED.
   (A)   (1)   The owners of all developed property within Newport having situated on the property one or more residential units or commercial establishments located within a reasonable distance of any available town water lines or town sewer collection lines into which residential units or commercial establishments the owners have, or have had or have permitted facilities necessary for potable water and/or suitable toilet and other facilities necessary for the discharge of domestic or industrial wastes (“developed property”) shall at their own expense connect such facilities directly to the proper town water line or town public sewer or both in accordance with the requirements of the town.
      (2)   When town water or sewer lines or both are newly constructed, all developed property shall be connected as provided in the division (A)(1) above within 12 months of the date when the lines are activated. No new wells or nor new septic tanks or other private sewer systems shall be allowed for discharge of domestic or industrial waster within a reasonable distance of the sewer lines.
      (3)   Any developed property not now connected to town water and/or sewer lines and having a properly functioning potable water and septic tank or other legal private waste disposal system not constructed under the provisions of division (L) below may continue to opt out of connecting to town water and/or sewer lines, but if such lines are within a reasonable distance of town water and/or sewer lines will pay an availability fee equal to the minimum water or sewer or both (depending on what the owner opts not to connect to) fee for service to a like property. For those properties paying an availability fee for sewer, no septic tank maintenance fee will be payable. The town will stop providing septic tank or private waste disposal systems to all such properties.
   (B)   Where a public water line is not available under the provisions of division (A) above, such toilet and other facilities requiring potable water shall be connected to a well or a private water system complying with the requirements of the appropriate state and/or local regulatory agency. At such time as a town public water line becomes available to a property served by a well or a private water system, a direct connection shall be made to the town public water line in compliance with this subchapter. There shall be no physical connection (cross-connection) between any privately-owned water source and the town system. The owner shall operate and maintain any well or private water facilities in a sanitary manner at all times, at no expense to the town. No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by any state or federal agencies.
   (C)   (1)   All persons wishing to connect with the public sewer system must file a written application with the customer service department in accordance with § 51.002.
      (2)   The Clerk shall issue such permit to any duly licensed plumber after application is filed, which permit must state the location of the wye to which connection is to be made. After the connection is made, the ditch must be left open until final inspection is made by the Town Plumbing Inspector who shall report on the back of the permit the result of his or her inspection. Such permit must be returned to the Clerk by the Inspector to be filed in the town records.
   (D)   Every application for a sewer connection shall state the name of the owner of the lot; the name of the street on which such lot is situated; the 911 address number of the house or lot; the number and kind of connections desired; and the character of the surface of the abutting street. Every such application shall be signed by the person making the application, shall be accompanied by the proper fee for making the connections applied for and shall be filed with the Plumbing Inspector.
   (E)   In general, where possible, sewer connections shall be made into manholes. Every sewer connection made directly to a main shall be made at the wye provided for the lot to be served; if no such wye has been provided for such lot, the connection may be made directly to the main at any convenient point.
   (F)   All tap fees for connections to main sewer lines shall be in the amounts provided in accordance with the Utility Department fee schedule.
   (G)   It shall be unlawful for any person to discharge to any outlet other than a sanitary sewer, within the boundaries of the town, any domestic or industrial wastes except where suitable treatment has been provided in accordance with this subchapter and state and federal laws.
   (H)   Where a public sanitary sewer is not available under the provisions of division (A) above, such toilet and other facilities necessary for the discharge of domestic and industrial wastes shall be connected to a private disposal system complying with the requirements of the appropriate state and/or local regulatory agency. Before commencement of construction of a private wastewater disposal system, the owner shall first obtain a written permit from the appropriate regulatory authority and furnish a copy thereof to the Building Inspector. The copy of the permit shall be accompanied by such supplementary data as deemed necessary by the Building Inspector to maintain an accurate file of such private wastewater disposal systems to facilitate the planning of future public sewer service. The type, capacity, location and layout of a private wastewater disposal system shall comply with all requirements of the County Environmental Health Department, North Carolina Division of Water Quality, or other such board or authority. The town may require a sewer service line to be installed to the right-of-way for future use. The Utilities Director shall determine the size and placement of this future service line after consulting with the Building Inspector.
   (I)   For any property not connected to, and not required to be connected to public were lines, the town shall charge a septic system maintenance fee to the utility account holder as set forth in the Utility Department Fee Schedule. The Utility Department shall then be responsible for routine pumping, maintenance and repairs to the septic system. This does not relieve the owner of responsibility to care for the system by following the rules of the County Health Department or other responsible agency for vegetation control, parking restrictions, repair area and the like.
   (J)   At such time as a town public sewer becomes available within a reasonable distance to a property served by a private wastewater disposal system, a direct connection shall be made to the public sewer in compliance with this subchapter, and any septic tanks, cesspools and similar private wastewater disposal facilities shall be cleaned of sludge and filled with suitable material at the owner’s expense.
   (K)   No statement contained in this section shall be construed to interfere with any additional requirements that may be imposed by any state or federal agencies.
   (L)   The Town Council may, on a case-by-case basis, permit new construction with septic tanks provided with provisions to be connected to the town sewer system via gravity or a pumping system when such sewer service becomes available. Such sewer pumps shall be the property of and maintained by the property owner.
   (M)   The town shall charge a septic tank maintenance fee to cover the cost of the town maintaining the septic tanks and drain fields permitted in division (K) above such that the owners have equivalent service to other customers on the sewer system. The Utility Department shall operate and maintain the septic systems as required by County Environmental Health or other similar agencies that have proper jurisdiction.
(Ord. passed 5-3-2011; Ord. passed 9-11-2014) Penalty, see § 10.99
§ 51.014 WATER CONSERVATION INCENTIVE.
   Whereas, it is desirable to encourage residents of the town to conserve water and reduce impacts to water supply sources and wastewater collection systems; and whereas, the town recognizes that water is not an inexhaustible resource; now, therefore, the following conservation incentive is adopted.
   (A)   The town will allow a one-time reduction of $15 of the town utility bill for any business or home that demonstrates the installation of a low-flow toilet, low-flow shower head or low-flow faucet.
   (B)   To qualify for the $15 reduction of the town utility bill, the home or business owner shall provide proof of installation to the Customer Service Coordinator. Proof of installation shall be in the form of a signed letter from a licensed plumber or contractor who completed the installation. If the owner installs the equipment himself or herself, the Building Inspector, Public Utilities Director or his or her designee may visit the site and verify the installation. The homeowner shall provide copies of receipts showing purchase date, price and place purchased. Information regarding the brand and model of the fixtures installed shall also be provided. The town shall have the authority to enter the premises and verify that the low-flow device has been installed. The town will verify installation of low-flow devices as it deems necessary.
   (C)   The $15 reduction of the town utility bill shall be a one-time offer. The $15 reduction of the town utility bill is a maximum reduction and will be applied once regardless of the number of low-flow devices installed. The credit will be applied to the bill after evidence satisfactory to the town to show proof of installation has been provided to the town.
(Ord. passed - -2002; Ord. passed 5-3-2011; Ord. passed 9-11-2014)
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