The Colorado River sewage system joint venture is empowered to:
A. Notice Of Delinquency: Declare delinquent, with notice of such declaration to the user on the next regularly scheduled billing for services, any user account or accounts for rates, tolls and other charges for connection with or use of service of the system, including minimum charges and charges for availability of service, which remain unpaid thirty (30) days after the day payment is due for such connection or services of the system (hereinafter "delinquent account").
B. Late Payment Penalty: Assess against and add to any such delinquent account as a late payment charge one and one-half percent (1.5%) of the then outstanding balance of the delinquent account, including accrued late payment charges, or two dollars ($2.00), whichever is greater, every thirty (30) days or any part thereof from the day payment is due.
C. Lien For Charges: File a lien or liens for the amount of any delinquent account or accounts and all late charges against the interest of any user whose account is delinquent in any property to which service is provided by the system.
D. Suit For Costs; Lien Foreclosure: Sue any user for the amount of any delinquent account and assessed late charges owing by such user, or to foreclose any lien filed against the user's property, as well and for costs and attorney fees in bringing and prosecuting any such suit or suits;
E. Termination Of Service: Terminate service to and physically disconnect from the system any user whose account is declared delinquent from the system, after first:
1. Providing such user written notice delivered to the user, either personally by an agent or employee of the system or by regular and certified mail with return receipt requested to the address shown on the user's application for service, of declaration of the user's account or accounts as delinquent and of the joint venture's intention to disconnect the user from the system on or after a date certain, which date shall not be less than twelve (12) days from the day of delivery of such notice, which delivery shall, as to the regular mail notice, be deemed complete five (5) days from the date it is deposited in the U.S. mail unless payment in full of any delinquent account and all assessed late charges is received by the joint venture prior to such date or unless a written extension for payment of such delinquent account has been obtained from the manager of the joint venture.
2. Including in such notice a statement of said user's right to oppose termination of service and disconnection from the system by delivering to the manager of the joint venture at the address provided in the notice within ten (10) days after the date of delivery of such notice a written request for a hearing before the board of directors of the joint venture stating why the account is not a delinquent account or why the user should not be disconnected from the system.
3. Providing a hearing before the board of directors of the joint venture within thirty (30) days after the day of delivery by the manager of the joint venture of a user's written request for a hearing, at which time, the user shall show cause why the joint venture should not terminate service and disconnect the user from the system.
4. Providing any user entitled to a hearing written notice of the date, time, and place thereof, delivered to the user, either personally by an agent or employee of the system or by regular and certified mail with return receipt requested to the address shown on the user's application for service, and including in such notice a statement that unless payment in full of any delinquent account and all assessed late charges is received by the joint venture prior to the conclusion of the requested hearing, that service to the user may be terminated and the user may be disconnected from the system without further notice immediately following the hearing.
5. Determining by and through its board of directors, as soon as practicable after the hearing requested by the user, whether or not the user shall be disconnected from the system; provided, that should the user fail to appear in person or by authorized representative at such hearing, then the user may be disconnected from the system forthwith.
F. Reinstatement Of Service: Resume service to and reconnect any user to the system to whom services have been terminated and who has been disconnected from the system after the user has paid in full any delinquent account or accounts, all associated late charges, and any attorney fees and costs incurred by the joint venture, as well as any fees for resumption of service and reconnection to the system as determined by the joint venture. (1988 Code art. 11-3)