§ 53.65  SERVICE CHARGE BILLING.
   (A)   Billing period.
      (1)   Charges for sewerage service shall be computed and billed by the office of the Town Utilities. Bills shall be rendered approximately monthly, unless additional billing is required to reflect customer changes, meter changes, service termination, initial billings or is otherwise required to adjust billing cycle.
      (2)   Billings for sewerage service shall be rendered with and shall be due and payable on the same due date as billings for water service to the same premises, if any; and, if none, then within such billing cycle as the utility may determine.
(Prior Code, Title V, Ch. II, Art. II, § 39)
   (B)   Liability for payment. Charges for sewerage service shall be billed to the person being billed for water service, if any, unless by contract with the utility, another person assumes responsibility for payment. Notwithstanding billing to, and assumption of responsibility by any person, charges for sewerage service shall remain the responsibility of the owner of the real estate, who shall hold the utility harmless from any loss occasioned by the delinquency of the person billed, including all penalties, recording fees, attorney’s fees, interest and curt costs, if any.
      (1)   The owner of the real estate shall have the right to examine the utility’s records of billing and collection to ascertain whether such charges have been paid and the amount thereof.
      (2)   Nothing herein contained shall permit the owner, or any person other than the person being billed, to inspect, examine or otherwise obtain confidential information including the income, employment, finances or Social Security number of the person being billed.
(Prior Code, Title V, Ch. II, Art. II, § 40)
   (C)   First billings. The rates, charges and surcharges fixed in this chapter shall extend to and cover any additional premises hereafter served, without hearing or notice. If the first billing to a new user covers a period other than a full billing month, then the charges for sewerage service for such billing shall be made in accordance with standard practice employed by the town’s water utility.
(Prior Code, Title V, Ch. II, Art. II, § 41)
   (D)   Town subject to charges. For sewerage service rendered to the town, or any department, structure or property thereof, the town shall be subject to the same rates and charges herein established for other persons or to rates and charges established in harmony herewith.
(Prior Code, Title V, Ch. II, Art. II, § 42)
   (E)   Consolidation of accounts. Where an industrial, commercial or other non-residential enterprise is operating in a unified manufacturing or service area composed of two or more contiguous parcels of real estate and is supplied with water through two or more meters, upon application by the owner or his or her authorized agent, a consolidation of the water meter readings may be made for the purpose of calculating the sewerage service charge.
(Prior Code, Title V, Ch. II, Art. II, § 43)
   (F)   How delinquencies arise. Charges for sewerage service levied pursuant to this chapter shall be due and payable on or before the due date stated on the bill. Any charges for sewerage service not paid by the due date shall be delinquent, and may be collected, with any applied penalty, recording fees, service charges, attorney’s fees, interest and court costs, if any, in accordance with this chapter and with I.C. 36-9-23-31 through 36-9-23-34. A penalty of 10% of the amount of the charges for sewerage service shall be added to the delinquent charges.
(Prior Code, Title V, Ch. II, Art. II, § 45)
   (G)   Collection through shutting off water service. Where the property having a delinquent account for charges for sewerage service is served by the town’s water utility, the utility may, after reasonable notice to the person being billed, as provided by the rules and regulations of the utility adopted by the Town Council, shut off water service to the property. Water service shall not be restored until the delinquent account, together with the costs of turning off and turning on the water, shall have been paid.
(Prior Code, Title V, Ch. II, Art. II, § 46)
   (H)   Collection through terminating sewer service.
      (1)   In addition to all other remedies provided, the utility may, after reasonable notice to the person being billed, as provided after reasonable notice to the person being billed, as provided by the rules and regulations of the utility adopted by the Town Council, terminate sewerage service to the property.
      (2)   Sewerage service shall not be restored until the delinquent account, together with costs of terminating and reconnecting the sewer service, shall have been paid.
(Prior Code, Title V, Ch. II, Art. II, § 47)
   (I)   List of delinquent fees and penalties; tax duplicates collection. Delinquent charges for sewerage services and applied penalties, recording fees and service charges may be made a lien upon the property and may be collected in accordance with the provisions of I.C. 36-9-23-32 and 36-9-23-33.
(Prior Code, Title V, Ch. II, Art. II, § 48)
   (J)   Collection through court actions. In addition to the foregoing remedies, the utility may recover the amount of the charges for sewerage services, penalty and a reasonable attorney’s fee in a civil action and may foreclose a lien established by this chapter in accordance with I.C. 36-9-23-34.
(Prior Code, Title V, Ch. II, Art. II, § 49)
   (K)   Accounting for sewerage service charges. The Clerk-Treasurer shall establish and maintain for as long as user charges and surcharges are collected under the rate schedule instituted herein, accounts for the Sewage Works Improvement Fund as required by prior ordinances relating to the issuance of sewage works revenue bonds now outstanding and further in accordance with the laws of the state relative to the deposit and disbursement of public funds.
(Prior Code, Title V, Ch. II, Art. II, § 51)
(Ord. 14, 1992, passed - -1992)