§ 51.53   DELINQUENT ACCOUNTS.
   (A)   Penalties.
      (1)   A late payment penalty shall be assessed on all accounts if payment is not received by the due date on the bill.
      (2)   An additional late payment penalty shall be assessed on all accounts if payment is not received within 30 days of the due date.
      (3)   Penalties are specified with the current fee schedule charges that are set by ordinance and adopted by the City Council.
   (B)   Shut-off for non-payment. Water shall not be shut-off until notice and an opportunity for a hearing before the City Council or an employee designated by the City Council have been provided to the occupant and owner of the premises involved.
      (1)   If any payment is not paid by the due date listed on the bill, a second bill will be mailed by first class mail and shall state that if payment is not made within 10 days of the mailing of the second bill, water service to the premises will be shut off for non-payment.
      (2)   The second bill and shut off notice shall contain the title, address and telephone number of the official in charge of the billing; the title, address and phone number shall be clearly visible and easily readable.
      (3)   The notice shall also state that any occupant or owner has the right to a hearing before the water is shut off. The owner or occupant may be represented in person and by counsel or any other person of his or her choosing. The owner or occupant may present orally or in writing his or her complaint to the city official in charge of utility billing. This official shall be authorized to order continuation of the customer's service and shall have the authority to adjust the customer's bill or enter into a mutually agreeable payment plan. If a mutually agreeable solution cannot be agreed upon, the matter will come before the City Council.
      (4)   If an occupant or owner requests a hearing, the water shall not be shut off until the hearing process is complete.
      (5)   If a customer fails to pay and fails to request a hearing under this part, service will be shut off at the time specified in the notice but not until the charges have been due and unpaid for at least 30 days.
   (C)   Certification for collection with taxes. Accounts which are delinquent as of September 1 in each year will be notified by letter as follows:
      (1)   Unpaid charges on water and sewer accounts shall not be certified to the County Auditor until notice and an opportunity for a hearing have been provided to the owner of the premises involved. The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus penalties will be certified to the County Auditor for collection as other taxes are collected. The notice shall also state that the occupant may, before the certification date, attend a hearing on the matter to object to certification of unpaid utility charges;
      (2)   A hearing shall be held on the matter by the City Council. Property owners with unpaid utility charges shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected. If, after the hearing, the City Council finds that the amounts claimed as delinquent are actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with this subchapter the city may certify the unpaid charges to the County Auditor for collection as other taxes are collected;
      (3)   For each certification sustained, the property owner shall have the following options after the hearing:
         (a)   To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing, within 10 days of the hearing date;
         (b)   To pay the certified delinquent amount after the hearing date, but before the county certification deadline, with interest at the rate set in the adopted rate schedule, accrued beginning on the eleventh day following the hearing date through the date of payment; or
         (c)   To pay the certified charges as billed to them by Murray County on their property tax statement with a collection term of 1 year.
      (4)   Fifteen days after the hearing, the certified roll, minus any payments, shall be delivered to Murray County.
(Am. Ord. 311, passed 12-19-2005)