(A) (1) If any sewer bill is not paid within ten days following the date rendered, a delinquency of 20% of the amount of such bill shall attach and be payable in addition to the amount of such bill. If not paid as aforesaid within such ten-day period, such charges shall be deemed delinquent.
(2) If any delinquent bill is not paid within 20 days alter the date of rendition thereof, the Superintendent or other officer or agent of the entity in charge of the operation of the facility providing water service shall be required pursuant to authority of KRS 96.930 et seq., to discontinue or shut off the water service to the premises served, and such water service shall not be reinstated until the bill for sewer service is paid in full, together with such charge or charges for discontinuing water services and/or for reconnecting water service as the water supplier may from time to time prescribe. The attorney for the city is hereby authorized and directed to enforce and collect any charges remaining delinquent for 20 days. Charges for discontinuing and reinstating service may vary from time to time. The water company is entitled to charge a fee for its services and the fee for the sewer service for the said service shall be equal to the water company fee. Thus, the amount to be paid shall be an amount equal to twice that charged by the water company, one-half of which will be retained by the city.
(3) In case that a check is returned to the city for insufficient funds or for any other reason, the city shall give seven days notice to the person making payment with that check that if not paid within said seven days, then water service will be disconnected. Additionally, there will be a $30 charge for said returned check in addition to any other costs incurred by the city.
(B) Any person found to be violating any provision of this chapter, except for nonpayment of a sewer bill shall be served by the City of Simpsonville with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.
(C) Any person who shall violate this chapter, except for non-payment of a sewer bill, shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined in an amount not exceeding $500 for each violation. Each day in which such violation shall continue shall be deemed a separate offense.
(D) Any person violating any of the provisions of this chapter shall become liable to the City of Simpsonville for any expense, loss or damage occasioned the City of Simpsonville by reason of such violation.
(E) In addition to the penalties set forth above, the city may impose civil penalties enforceable through a civil legal action in the Shelby Circuit Court. Said penalties shall be double the actual cost to the city for remediation but shall not be less than $500 per day and each day of a continuation of a violation shall be considered a separate offense. The city may also recover its costs for enforcement including legal fees.
(Ord. 2009-006, passed 6-17-2009)