§ 50.05 ACCOUNTING AND BILLING; COLLECTING.
   (A)   Accounts in name of owner. All accounts shall be carried in the name of the owner. The owner shall be liable for water, sewer and garbage charges supplied to his or her property, whether he or she is occupying the property or not, and any charges unpaid shall be a lien upon the property.
   (B)   Bills for service.
      (1)   Water, sewer and garbage service charges shall be billed together. Bills shall be mailed to the customers monthly and shall specify the water consumed and the sewer and water charges in accordance with the rates set out in this chapter.
      (2)   Garbage charges shall be billed to customers monthly and shall specify the charges for garbage in accordance with the rate set by the City Council or the garbage services provided.
   (C)   Rates. The utility rates for sewer and water services shall be set by the city on an annual basis. The utility rates scheduled by the city shall describe the access charge and services charges imposed by the city for sewer and water services.
   (D)   Delinquent accounts.
      (1)   All charges for water, sewer or garbage service shall be due on the monthly due date specified by the city for the respective account and shall be delinquent 30 days thereafter.
      (2)   The city shall endeavor to collect delinquent accounts promptly. In any case, where satisfactory arrangements for payment have not been made the Sewer and Water Department may, after procedural requirements of division (D) below have been complied with, discontinue service to the delinquent customer by shutting off the water at the stop box.
      (3)   When water service to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent bills and a fee of $25 during regular hours; on weekends, holidays, and after hours the fee will be $150.
      (4)   Delinquent accounts shall be certified to the City Clerk/Treasurer who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served.
      (5)   The assessment roll shall be delivered to the Council for adoption at or before the monthly November meeting for certification to the County Auditor for collection along with taxes.
      (6)   This action is optional and may be subsequent to taking legal action to collect delinquent accounts.
   (E)   Procedure for shutoff of service.
      (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 bill shall contain an address and telephone number of the city, and 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; and
         (b)   That if any bill is not paid by or before that date, a $5 charge will be charged; after the account is 60 days overdue, a disconnect notice will be mailed containing a cut-off notice that if the bill is not paid within 10 days of the mailing of the disconnect notice, service will be discontinued for nonpayment; and
         (c)   That any customer disputing the correctness of his or her bill shall have a 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 make a final determination of the customer’s complaint.
      (2)   Requests for delays or 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.
      (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 service then due have been paid, along with a turn-on charge in the sum of $25 during regular operating hours; on weekends, holidays, nights and after-hours, the charge will be $150.
      (4)   If the customer requests a hearing before the date specified, a hearing shall be held on the matter by Council at the next scheduled regular Council meeting.
      (5) If, as a result of the hearing, the City Council finds that the amount claimed to be owing is actually due and unpaid and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with the ordinance, the city may shut off the supply.
      (6)   Service shut-offs and turn-ons for seasonal residents; after hours the fee will be $150 per time.
(1986 Code, § 401.05) (Am. Ord. passed 12-5-1994; Am. Ord. 108, passed 2-1-2016; Am. Ord. 112, passed 8-7-2017; Am. Ord. 116, passed 7-2-2018)