(A) Person responsible for payment.
(1) Utility charges, rents, fees, rates and penalties connected therewith shall be the legal obligation of the property owner only when:
(a) The owner is also the tenant; or
(b) The property or premises is leased or rented to more than one tenant and services rendered to more than one tenant are measured by the same meter.
(2) Except as provided in division (A)(1) above, water, sewer and/or sanitation charges, rents, fees, rates and penalties shall be the legal obligation of the person contracting for such services.
(B) Multiple meter users.
(1) Multiple minimums. Two or more commercial or industrial units or residential dwelling units, including, but not limited to, multi-family houses, apartments, duplexes and mobile homes, receiving water through the same water meter shall pay, if separate meters are not installed, the minimum utility bill for water, sewer and sanitation service, as applicable, for each unit being served through the meter. Any water usage exceeding the total minimum usage for the number of units served by one meter shall be charged in accordance with approved water and sewer rate schedules.
(2) Reduction of minimum number. Once established the number of utility minimums to be paid for any water meter shall not be reduced until the property owner notifies the Director of Finance in writing for the reduction.
(3) Increase of minimum number. The property owner is hereby responsible for immediately notifying the Director of Finance of any increase in the number of units being served by any water meter.
(4) Mobile home minimum number. The town water meter reader shall report each month the number of mobile homes connected to or in position to be connected to the town water system or to a private system which obtains its water from the town. The number reported by the meter reader if greater than the number established in this section shall be the number of minimums charged to the applicable meter.
(5) Determination of unit vacancy. The town cannot determine whether or not a dwelling, commercial or industrial unit has been vacant for some or all of any utility billing period. Therefore, the number of minimum charged for each billing period will be equal to the number of active or potential commercial, industrial or dwelling units served by the water meter in accordance with this section.
(C) Penalties for late payment and non-payment.
(1) Due date. Utility bills mailed on or about the first workday of any month shall be past due and delinquent if not paid by 5:00 p.m. on the twentieth day of the month. All customers or user accounts past due and delinquent shall be placed on a list which shall be continually modified to reflect last payments. Any utility account paid after 5:00 p.m. on the twentieth day of the month shall have added to the month’s total due a late payment fee, in the amount established from time to time by the Council, to cover the administrative costs of processing the late payment.
(2) Cut-off for non-payment. A cut-off list indicating the unpaid utility accounts shall be delivered to the appropriate public works personnel approximately 30 days after bills are mailed. Upon receipt, authorized public works personnel shall immediately begin cutting off all water meters serving the users listed on the cut-off list.
(3) Delinquency fee. Customers paying utility bills on or after the cut-off day of the month shall also be assessed, in addition to the monthly total due and the late payment fee, a delinquency fee in the amount established from time to time by the Council. In the event that a customer’s service is disconnected for non-payment the customer must pay the current amount due plus any late fee and delinquency fee prior to service being established.
(4) Extensions of due date. The Town Manager may establish policies and procedures for granting short term, temporary extensions of the utility bill due date for users to pay the current month’s utility bill because of temporary unexpected circumstances.
(5) Removal and reinstallation of meters. If any utility user or customer, after having their water meter cut-off by the town cuts on, has his or her meter cut on or allows his or her meter to be cut on, the water meter shall be immediately removed. A meter shall not be reinstalled until the entire amount due is paid, including, but not limited to, unpaid usage charges, late fee, delinquency fee, tampering fee and installation fee.
(6) Severing sewer connections. Failure to pay utility bills in accordance with this section may result in the disconnection of the individual sewer collection line or building sewer. If disconnected or severed, the line or sewer will not be reconnected until the total bill due, fees and penalties are paid in full. In addition, the user will pay the cost of reconnection including material and labor in full. Disconnection or severance of lines shall automatically make the user in violation of § 51.42 of this chapter.
(D) Leak adjustments. A customer protesting an unusually high water and sewer bill due to a leak may claim a hardship if the charges are significantly higher than their normal average bill, upon providing evidence that repairs have been made and the system is up to standard. Once approved, the sewer bill may be reduced by one-third of the current billed usage. The customer must pay for all water used. Customers are limited to one leak adjustment in a 12 month period.
(E) Pool adjustments. Pool adjustments are limited to one per customer per 12 month period. Customers who have a swimming pool and do not wish to pay sewer charges when filling the pool have two options:
(1) At the customer’s expense, install a dedicated water line connected to a separate water meter. The line and meter must be pre-approved by town public works staff and pass inspection prior to being used.
(2) Contact public works to schedule a pre and post water meter reading. The customer meter must be read by public works staff prior to filling the pool and after filling is complete. This service is only available when Town Hall is open during normal operating hours Monday through Friday (8:30 a.m. to 4:00 p.m.).
(Ord. 2007-13, passed 11-6-2012; Ord. O-2017-01, passed 7-1-2017)