(A) Billing, payment and penalty. All municipal utilities shall be billed at established intervals, except that such billing period may be shortened or lengthened to adjust for a read-out or new connection period, as the case may be, and a utility statement shall be mailed to each consumer. Property owners are responsible for all municipal utilities; however, utility statements can be placed in the tenant’s name if the tenant is set-up with ACH billing and the property owner receives’ copies of the bill. Such billing may be based upon rules and regulations established by the City Administrator for self-reading of utility meters when such rules and regulations have been mailed or otherwise deliver to each consumer. All municipal utility charges shall be delinquent if they are unpaid at the close of business on the tenth day following such billing, provided, that if the tenth day shall fall on a Saturday, Sunday or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. A penalty of 10% thereof shall be added to, and become part of, all delinquent utility bills. If service is suspended due to delinquency, it shall not be restored at that location until a disconnection and reconnection fee have been paid in attention to the amounts due and owing for service, other fees and charges, and penalties and submission of meter reading, if needed.
(B) Application, connection and sale of service. Application for municipal utility services shall be made upon forms supplied by the city, and strictly in accordance therewith. No connection shall be made until consent has been received from the city to make the same. All municipal utilities shall be sold and delivered to consumers under the then applicable rate applied to the amount of such utilities taken as metered or ascertained in connection with such rates.
(C) Discontinuance of service. All municipal utilities may be shut off or discontinued whenever it is found that:
(1) The owner or occupant of the premises served, or any person working on any connection with the municipal utility systems, has violated any requirement of the City Code relative thereto, or any connection therewith; or
(2) Any charge for a municipal utility service, or any fees or charges in connection therewith, imposed on the present owner or occupant of the premises served, remains delinquent after notice and an opportunity to be heard as provided in § 50.06; or
(3) There is fraud or misrepresentation by the owner or occupant in connection with any application for service or delivery or charges therefor.
(D) Ownership of municipal utilities. Ownership of all municipal utilities, plants, lines, mains, extensions and appurtenances thereto shall be held by the city, and remain in the city, except for the service line from the structure to the city main which shall be the property owner’s responsibility. Provided, however, that private facilities and appurtenances constructed on private property are not intended to be included in municipal ownership.
(E) Right of entry. The city has the right to enter in and upon private property, including buildings and dwelling houses, in or upon which is installed a municipal utility, or connection therewith, at all times reasonable under the circumstances, for the purpose of reading utility meters, for the purpose of inspection and repair of meters or a utility system, or any part thereof, and for the purpose of connecting and disconnecting service.
(F) (Reserved).
(G) Unlawful acts.
(1) It is unlawful for any person to wilfully or carelessly break, injure, mar, deface, disturb, or in any way interfere with any buildings, attachments, machinery, apparatus, equipment, fixture, or appurtenance of any municipal utility or municipal utility system, or commit any act tending to obstruct or impair the use of any municipal utility.
(2) It is unlawful for any person to make any connection with any municipal utility system without first having applied for and received permission from the city to make the same.
(3) It is unlawful for any person to turn on or connect a utility when the same has been turned off or disconnected by the city for non-payment of a bill, or for any other reason, without first having obtained a permit to do so from the city.
(4) It is unlawful for any person to "jumper," or by any means or device fully or partially circumvent a municipal utility meter, or to knowingly use or consume unmetered utilities or use the services of any utility system, the use of which the proper billing authorities have no knowledge.
(H) Municipal utility charges a lien.
(1) The utility services and charges provided for in this section shall be the primary responsibility of the owner of the premises served and shall be billed to him or her unless otherwise authorized in writing. The city may collect the same in a civil action or, in the alternative and at the option of the city, as otherwise provided in this division.
(2) Each such charge is hereby made a lien upon the premises served. All charges which are more than 30 days past due may be certified by the City Clerk to the County Auditor, and the City Clerk in so certifying such charges to the County Auditor shall specify the amount thereof, the description of the premises served, and the name of the owner thereof. The amount so certified shall be extended by the Auditor on the tax rolls against such premises in the same manner as other taxes, and collected by the County Treasurer, and paid to the city along with other taxes.
(I) Damage to municipal utility equipment. It is unlawful for any person to intentionally cause any damage to any municipal utility equipment or appurtenance, including, but not limited to, meters, street lights, water hydrants and curb cocks. Anyone intentionally causing such damage shall pay the reasonable value thereof to the city, including labor for renewal and installation of any equipment and shall be, in effect, an insurer of any equipment in his or her possession or with which he or she comes in contact.
(J) Municipal utility service outside the city. Premises located outside the city shall not be connected to or served by any municipal utility, except such premises as are publicly owned or presently served. Persons needing municipal utility service whose property is located outside the corporate limits must initiate and complete annexation proceedings in advance prior to being provided with such service or services.
(1975 Code, § 3.04) (Am. Ord. 63, 4th Series, passed 1-5-2015; Am. Ord. 66, 4th Series, passed 5-18-2015; Am. Ord. 86, 4th Series, passed 4-3-2017) Penalty, see § 10.99