In all cases, the property owner shall be held responsible for the payment of the water use and rates, and in case the supply is shut off for nonpayment, the water shall not be reconnected until the delinquent charges have been paid together with the sums set forth below: (Ord. 198, 9-4-1996)
A. Monthly charges shall commence and accrue immediately upon occupation of the subject property. Charges for water used are to be billed monthly on or about the first day of each month. Payment received on or before the fifteenth day of the same month billed shall be deemed to have been paid by the scheduled due date. Payments received six (6) days after the scheduled due date of the month shall be considered to be delinquent and shall be subject to a delinquency charge of fifteen dollars ($15.00) or five percent (5%) of the principal amount owed whichever is greater beginning upon the delinquent date and continuing up to, but not exceeding, four (4) additional months. (Ord. 217, 12-7-1999, eff. 1-1-2000)
B. If at any time a bill is not paid within forty five (45) days after mailing the same to the user, the town may disconnect such user's water service. If the subject property is connected by the same tap as used by another owner and the other owner is not delinquent, the town may take such action as is necessary to disconnect the water service to the delinquent user while maintaining water service to the nondelinquent user. Such action may include, but not be limited to, excavation and installation of such pipes, valves, meter and other materials necessary to establish separate service. In such event the delinquent user and/or owner of the property shall be assessed with the costs incurred by the town in obtaining the disconnection of services. Additionally, the delinquent user and/or owner shall be assessed an administrative "turnoff" fee of twenty five dollars ($25.00) which sum shall be added to the other costs described herein.
A reconnection fee of fifty dollars ($50.00), together with the actual costs of disconnection and the payment of all past due amounts, shall be required and paid before the water service is restored to the property. (Ord. 260, 12-5-2006, eff. 1-1-2007)
Should the use requested by the owner require or should it be required by the town that the water be disconnected for inspection purposes only, the cost of disconnection and reconnection shall be thirty dollars ($30.00). (Ord. 268, 7-8-2008)
C. It shall be unlawful for any user to unilaterally reconnect his or her water service after the town has disconnected the water service and before said user has paid the reconnection fee and all past due amounts, including cost and late charges. The town shall be solely empowered to reconnect all water use and not the user. Any user who wrongfully reconnects the water service without authority from the town shall be subject to those penalties as set forth in section 6-3A-10 of this article.
D. In addition to the remedies as set forth above, charges for water shall be a lien upon the property as provided by statute. Whenever a bill for water service remains unpaid forty five (45) days after it has been mailed, the town clerk may file with the Elbert County clerk and recorder, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the town claims a lien for this amount as well as for all charges for water service subsequent to the period covered by the bill. Property subject to a lien for unpaid water charges shall be sold for nonpayment for the same, and the proceeds of such sale shall be applied toward the payment of the charges, after deducting costs, including reasonable attorney fees, as is the case of the foreclosure of statutory liens. Such foreclosure shall be by and in the name of the town of Simla. Further, the town clerk may certify the late charges and fees to the county commissioners of Elbert County, Colorado, to be placed upon the tax roll and obligation of the subject property owner, together with appropriate interest. (Ord. 198, 9-4-1996)
Notes
| 1 | 1. See section 3-3-2 of this code for application of water use rates and fees to garbage collection. |