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The Department shall be entitled to payment for water service and sewer service within 15 days after the bill is mailed. Partial payments are to be deposited in each fund in proportion to the dollar amount of billing attributable to each fund. Should there be failure to make payment for water or sewer service rendered to any real property, water service to any such real property may be terminated in accordance with rules and regulations established from time to time by Commission until such service charges are paid.
(Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)
Whether or not water service is shut off for nonpayment of service charges, Manager shall initiate proceedings to make delinquent water and Sewer Service Charges and Industrial Cost Recovery Charges a lien against parcels of property to which said service was rendered pursuant to Sections 150.5 to 150.11 inclusive, of this Article. This section shall not apply to tenant occupied individually metered residential dwellings unless the owner of the property is the customer of record or consents to the imposition of a lien by the Department.
(Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)
When water and sewer service has been rendered on a continuing account, and a bill has been presented to the customer and such bill remains unpaid until the succeeding billing cycle, Department shall mail a written request for payment to the customer, and to the owner when the customer is not the owner. In the case of accounts that have been closed without payment in full, the Department shall mail to the customer, and to the owner when the customer is not the owner, a written request for payment. The notice provisions of this section do not apply to the owners of tenant occupied individually metered residential properties unless the property owner is the customer of record.
The written request for payment shall include information as to the amount due and a warning notice that if the amount due is not paid within 15 days, water service on an open account may be terminated and proceedings to establish a lien against the real property to which the service was furnished will be instituted. The notice will further provide that if the account remains unpaid, administrative fees and interest, pursuant to this Article, will accrue. The form and content of said notice shall be approved by the Committee.
(Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)
If payment is not received within 15 days following mailing of the request, the account shall be deemed to be delinquent. Delinquent accounts which are to be subjected to the lien procedure shall be reported to Committee by Manager at least once each month. The Committee shall conduct a hearing pursuant to rules and regulations consistent with this Article and approved by the Commission. The report for each such delinquent account shall contain the owner's name, the amount due, and a description of each parcel to be subjected to the lien procedure. The descriptions of the parcels shall be those used for the same parcels on the assessor's map books for the current year. Upon receipt of such report, Committee shall fix a time, date and place for hearing the report and any protests or objections thereto, and shall cause notice of the hearing to be mailed to each owner of the parcels of real property described in the report not less than 10 days prior to the date of hearing.
(Amended by Ord. 200-77, App. 6/8/77; Ord. 243-99, File No. 991266, App. 9/22/99)
At the time fixed for consideration of the report, the Committee shall hear it, along with any objections or evidence offered on behalf of the owners or their legal counsel regarding the real property liable to be assessed for delinquent accounts. The Committee may make such revisions, corrections or modifications to the report as it may deem necessary. In the event that the Committee is satisfied with the correctness of the report (as submitted or as revised, corrected or modified), it shall be confirmed. The decision of Committee on the report and on all protests or objections thereto shall be final and conclusive; provided, however, any delinquent account may be removed from the report by payment in full at any time prior to confirmation of the report. The Committee shall cause the confirmed report to be verified in a form sufficient to meet recording requirements.
(Added by Ord. 62-75, App. 2/26/75; Ord. 243-99, File No. 991266, App. 9/22/99)
Upon confirmation of the report by the Committee, the delinquent charges contained therein shall constitute a lien against the property to which the services were rendered.
The lien shall continue until the lien value and all interest, fees and administrative costs due and payable thereon are paid.
(Added by Ord. 62-75, App. 2/26/75; Ord. 243-99, File No. 991266, App. 9/22/99)
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