§ 53.081  SEWER USE CHARGE.
   (A)   Minimum rate and monthly charge.  All wastewater and industrial waste discharged to the wastewater facilities shall be paid for by the tenant or owner of the premises served, according to the following schedule:
      (1)   Residential class: Refer to the fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution; and
      (2)   Commercial and industrial class: Refer to fee schedule adopted by resolution. The Board of Commissioners may revise the fees as set forth herein from time to time by resolution $64.35 per service.
   (B)   Surcharge. There is established and imposed, pursuant to the authority of SDCL Chapter 9-40, a surcharge upon sewer service, the proceeds of such surcharge to be used for the payment of the principal of and interest on bonds issued under the authority of SDCL Chapter 9-40. No portion of the proceeds of such surcharge shall be expended for any purpose other than retiring sewer bonds until all of such bonds have been retired. The surcharge shall be imposed at the rate of $10.35 per sewer account. The charge shall be in addition to any rate per unit charges imposed under division (A) of this section.
   (C)   Deposits. 
      (1)   Any customer requesting sanitary sewer service from the city shall be required to make one of the following deposits based upon the type of service required:
         (a)   All commercial accounts: $100;
         (b)   Residential accounts where the customer does not own the property being served, to be referred to as residential rental accounts: $100;
         (c)   Residential accounts where the customer does own the property being served, to be referred to as residential owner accounts: $50); or
         (d)   Delinquent accounts: $100.
      (2)   The Finance Officer shall, at his or her sole and unlimited discretion, have the ability to waive the deposit in consideration of the customer’s previous record of prompt payment to the city for utility services. Letters of reference from other utility companies are not acceptable in lieu of utility deposit.
      (3)   A delinquent account deposit shall be required at such time as the customer had prior service with the city, and had such service disconnected for nonpayment; or if collection efforts outside the normal procedure for the finance office (small claims action, lien on the property or collection agency action) were taken; or if customer had four late utility payments (not consecutive) with any 12-month period.
      (4)   The Finance Officer shall deposit such moneys in a separate account and interest earned thereon shall be the property of the city. At such time as sanitary sewer service shall be terminated, the Finance Officer shall promptly refund any such deposit to the water customer; provided however, that all accounts are paid in full. In the event that the water customer and owner of any trust deposit shall fail to pay his or her utility billings to the city before the same may be delinquent, then the Finance Officer shall have the right to withdraw such trust fund and apply to any obligation. This remedy shall be in addition to any other remedies the city shall have for the collection of such moneys and the right to terminate such service upon nonpayment by the water customer.
      (5)   Fees, charges, and rates for sewer services, connections, and tap fees may be changed per resolution by the Board of Commissioners whose authority to do so is granted by SDCL § 9-48-15.
(Ord. 30, passed 8-21-2008; Ord. 30-A, passed 11-20-2008)