§ 50.35 DELINQUENT CHARGES.
   (A)   All rates and service charges are due and payable when rendered and shall be delinquent 15 days after the date of the billing. Any delinquent account requiring special collection effort may be assessed a delinquent collection charge. The actual rates and categories will be set by resolution which shall be amended from time to time. The rate will be established in compliance with the public hearing requirements of A.R.S. § 9-511.01. If the total of such delinquent charges is not received within five days after date of delinquency and notice of delinquency having been given, water service shall be disconnected, from the premises of the delinquent consumer and a delinquent turnoff fee charged to the customer’s account. The delinquent turnoff fee, plus the total amount of the bill due and any deposit used to remedy the delinquency, shall be collected before providing water service again to delinquent customer.
   (B)   Customer’s water service may be disconnected for non-payment of a bill for water services rendered at a previous location; provided, such bill is not paid within 20 days after the unpaid bill has been presented to the customer at his or her new location.
   (C)   Any expense caused to the Department for the repair or replacement of damaged, stolen, tampered or misused water facilities shall be charged against and collected from the person who caused the expense.
   (D)   When a user of the water system has been notified of amount of water use charges remaining due after the deduction of his or her user deposit and payment of same has not been received within five days, the Department shall assign the account to a bona fide collection agency.
   (E)   Before water service will be provided to any premises, all charges against the premises then due and payable to the Department, as required by this code, or including any of the following items must have been paid: on account of labor supplied or materials furnished by the Department in the installation of service lines connecting the premises with the town water mains or for tapping the system water lines; on account of services of water service previously supplied to the premises, whether used by the applicants or by some previous occupant of the premises; or on account of the assessment of any fine or penalty; or for turning water service off or on; or for repair or replacement of damaged, stolen or misused water supply and distribution facilities.
   (F)   Before disconnecting water for non-payment of any water user charge, deposit or other assessment provided for in this code, the Department shall give written notice of the discontinuance to the person and afford him or her or his or her designee an opportunity to appear before the Department on any disputed matter relative to the discontinuance of water service.
   (G)   (1)   A water customer who defaults in his or her obligation for the payment of utility moneys owed to the town is liable for any and all fees and charges assessed by a collection agency that is licensed pursuant to A.R.S. Title 32, Ch. 9, Art. 2, and that is engaged by the town to collect and enforce such payment.
      (2)   The collection fees and charges assessed by the collection agency shall be added to the sum or sums due from and chargeable against the customer.
(Prior Code, § 17-2-2) (Res. 01-06, passed - -2001; Ord. 09-36, passed - -2009)