(A) (1) Bills for water and sewer services shall be rendered monthly on or before the 15th day of each month. If any bill is not paid in full on or before the fifth day of the following month, it becomes delinquent and an additional charge of 20% of the amount of the bill shall be added thereto. If the fifth day of the month falls on a Saturday, Sunday or legal holiday, payment may be made on the first business day thereafter.
(2) In the event any bill becomes delinquent, the city shall send to the owner or owners of record of the real estate, as referenced by the taxpayer’s identification number, the following:
(a) A copy of each delinquency notice sent to the person who is delinquent and paying the charges or rates; and
(b) A notice that unpaid charges or rates may create a lien on the real estate.
(3) Any bills which become delinquent shall constitute a lien upon the real estate at which the services were rendered and the City Treasurer, when directed by the Commissioner of Public Property, shall file a Notice of Lien in the office of the County Recorder. The notice shall consist of a sworn statement setting out the following:
(a) A description of such real estate sufficient for the identification thereof;
(b) The amount of money due for such service; and
(c) The date when such amount became delinquent.
(4) The city shall send a copy of such Notice of Lien to the owner or owners of record of the real estate as referenced by the taxpayer’s identification number.
(B) If the bill of any water and/or sewer customer remains delinquent for five or more days, the City Clerk shall notify the water and/or sewer customer and the owner of the property served, if different, in writing by first class United States mail that the water and/or sewer bill is delinquent and that the water and/or sewer service is to be terminated ten days after the day the notice is mailed. The notice shall specifically inform the water and/or sewer customer of the following:
(1) The customer may contact the City Clerk to request a hearing on the matter;
(2) The request must be made within three working days of mailing of the delinquency and termination notice;
(3) If a request is made, a hearing will be held within five days of the request; and
(4) The service will be discontinued within ten days of the mailing of the notice, if no request for a hearing is made.
(C) In the event a customer makes a timely request for a hearing for nonpayment of a delinquent water and/or sewer bill, the City Clerk, at the time the request is made, shall advise the person of the time, place and date for the hearing. The hearing shall be conducted by a hearing officer, the hearing officer to be the Mayor or a responsible person appointed by the Mayor. The hearing officer shall examine evidence submitted by the customer and by the city water and sewer department and on the basis thereof make findings as to the status of the customer’s account.
(D) If the findings reached at the hearing are adverse to the customer, such findings shall be reduced to writing, with a copy thereof to be forwarded to the customer and to the owner of the property served, by certified mail, return receipt requested. The notice also shall contain the date on which service to the customer will be discontinued.
(E) At the time that the water and/or sewer service is to be discontinued, the city employee disconnecting the water and/or sewer service to the premises shall deliver to any occupant of the premises present, or attach to the premises, a written notice stating the water and/or sewer service to the premises has been discontinued for the nonpayment of a delinquent water and/or sewer bill, the time and date the service was discontinued and that the water and/or sewer service will not be reconnected until the delinquent bill and any presently due water and/or sewer bill is paid in full, together with a reconnection fee of $10 and, where applicable, a water and/or sewer deposit.
(F) In the event water and/or sewer service has been discontinued because of nonpayment of bills, it shall not be reestablished until the delinquent bill and any presently due water and/or sewer bill is paid in full, together with a reconnection charge of $100 and a water and sewer deposit, if applicable.
(G) No service to any customer shall be dis- connected for nonpayment on a Friday or the day before a holiday.
(H) Any delinquency and termination notice provided for in this section may be combined with a delinquency and termination notice pursuant to the provisions for such in Chapter 51.
(Ord. O-82-1, passed 2-1-82; Am. Ord. 0-88-5, passed 4-18-88; Am. Ord. 0-92-3, passed 4-28-92; Am. Ord. 0-92-16, passed 8-3-92; Am. Ord. 0-96-14, passed 4-1-96; Am. Ord. 0-97-7, passed 6-16-97; Am. Ord. O-97-17, passed 10-6-97; Am. Ord. O- 2016-17, passed 10-24-16)