A. Lien Conditions:
1. Recovery By City:
a. The city shall have a lien upon any premises served with utility services to the extent of such delinquent utility service charges incurred after the effective date hereof, and such delinquent utility service charges shall be subject to recovery in the manners set forth in this chapter.
b. The liens referred to in this chapter are preferred to any lien, mortgage or other encumbrance which may have attached subsequent to the time utility services were furnished; also, to any lien, mortgage or other encumbrance of which the city had no notice, and which was unrecorded at the time utility services were furnished.
2. Lien Foreclosure Authority: It shall be the duty of the city attorney, at the direction of the city council, to foreclose upon such liens as described in this chapter, and to bring appropriate actions as necessary for the collection thereof.
B. Enforcement Of Payment Policy:
1. It is declared the policy of the city that enforcement of payment of delinquent utility service charges shall be by discontinuation of water service, or by foreclosure of a lien as specified in subsection A of this section. (Ord. 482, 6-5-2006)
2. Any utility service charges not paid within the time frame as established in subsection 8-1-3A of this chapter shall be declared delinquent, whereupon the city clerk shall provide the delinquent customer with a delinquent notice. (Ord. 482, 6-5-2006; amd. Ord. 532, 5-3-2010)
3. A delinquent customer shall have fifteen (15) days from the time of issuance of a delinquent notice in which to file a request for a hearing before the city council in order to show cause why their water service should not be discontinued. Such requests for hearings shall be made in writing by the customer and addressed to the city clerk. The city clerk shall schedule a hearing at a time and date convenient for the city council, and shall notify the customer of such. The city council shall receive all relevant evidence and shall issue its decision based upon that evidence. The decision of the city council shall be final. Until such time as the city council reaches their decision, discontinuance of water service of the delinquent customer shall be delayed. Delinquent customers failing to show adequate cause before the city council shall have the next business day to pay all utility service charges billed. Failure to pay all utility service charges billed by the end of the next business day shall result in discontinuation of water service at eight o'clock (8:00) A.M. of the following business day.
C. Twenty Four Hour Notice:
1. The city clerk shall cause delinquent customers to be issued a twenty four (24) hour notice no sooner than fifteen (15) days after issuance of a delinquent notice.
2. There shall be imposed upon a delinquent customer a penalty charge if issued a twenty four (24) hour notice. Such penalty charge shall be as specified by resolution and such charge shall be added to the customer's utility service charges balance due.
D. Discontinuation Of Utility Services Authorized:
1. The city is authorized to discontinue water service of delinquent customers served with a twenty four (24) hour notice twenty four (24) hours after issuance of such notice. (Ord. 482, 6-5-2006)
2. No delinquent customer shall, after having water service discontinued in accordance with this chapter, thereafter be provided with water service until such time as all delinquent and current utility service charges have been paid in full. Delinquent customers whose water service has been discontinued shall also pay a recontinuation fee. Such fee shall be as specified by resolution, and shall be added to the customer's utility service charges. (Ord. 532, 5-3-2010)
3. Delinquent customers whose water service has been discontinued shall also pay any additional fees, if adverse conditions exist that affect the accessibility of the curb valve or the meter valve. Such additional fees shall be added to the customer's utility service charges. (Ord. 482, 6-5-2006)