106.01 General

   The Department reserves the right to pursue collection of all outstanding charges until full and complete satisfaction of all charges occurs, using any and all methods available to it. The Department need not elect any particular remedy and may concurrently pursue all collection methods available to it. These methods may involve actions taken against the account, the Premises and/or the account holder, including, without limitation: adding late charges, termination of Utility Services at the Premises or other address held by the Customer, balance transfers, perfecting liens, adding lien charges, referrals to a collection agency, adding collection agency costs and fees, legal action and any other actions deemed necessary or appropriate. All costs incurred to implement these methods will be charged to the Customer, including, without limitation: administrative charges, court filing fees, attorneys fees and collection agency fees. Where the names of Customers may appear different, but common control is exercised among such Customers, the Department may treat such Customers similarly for the purposes of these Rules and Regulations.

106.02 Statutory Liens

   One method of collection of delinquent charges used by the Department is an in rem lien process that can involve open or closed accounts. Such delinquent charges are inchoate and/or choate statutory lien(s) that attach to the Premises served at the time of rendering the relevant Utility Service, and such liens shall run-with-the-land. Perfection of these liens is prescribed by applicable law, and the Director certifies the charges to the appropriate County Auditor's office for processing, unless the lien is self-perfecting. The Director may also choose to certify self-perfecting liens to the appropriate County Auditor's office. Once a lien is certified to the County Auditor, payments for such lien must be made to the County unless the Department specifies otherwise. In no event shall payments made to the Department avoid any related lien charges or penalties. Liened accounts may still be subject to turn-off or any other remedy until the delinquencies are paid-in-full as determined by the Department.

106.03 Collection Agents

   The Department may use in-house staff or one or more outside agencies to handle collection agency work. An outside collection agency will be permitted to add its fees to the Customer's delinquency. Once a Customer's account is turned over to such an agency a Customer must pay to the agency the entire delinquency and all agency fees and charges. Attempts to avoid the agency's fees by submitting payment only for the utility charges to the Department will not be permitted and may result in the outstanding agency fees and any related interest or penalties being added to the Customer's account or another account consistent with these Rules and Regulations.

106.04 Court Actions

   A.   Foreclosure. Whenever a Customer is the principal in a foreclosure that results in a judicial sale of the Premises, the Customer must contact the Department to terminate Utility Services and arrange for an actual reading of the meter. In order for Utility Services to the Premises to continue after the judicial sale, the new Owner must enter into a new contract with the Department. Failure of either the Customer or the new Owner to comply with these Rules and Regulations may result in the ongoing accrual of charges that will be subject to termination of Utility Services without further notice and collection activity by the City.

   B.   Bankruptcy. Whenever a bankruptcy petition is filed and names the Department as a creditor and impacts an interest of the Department, an actual reading of the Meter must be obtained at or near the file date so that the Department can file an accurate claim for Utility Services as allowed under the Bankruptcy Code. It is the Customer's responsibility to properly include the Department as a creditor in the Customer's bankruptcy filing. For the continuation of Utility Services after the bankruptcy file date, the Owner is treated like any new Customer and must: 1) apply for a Contract for Services, 2) provide reasonable and safe access to all Meters, and 3) pay a deposit, i.e., the adequate assurances per Section 366 of the Bankruptcy Code. The deposit shall be determined by the Department in accordance with applicable laws and regulations. The Owner's failure to furnish reasonable and safe access for an actual Meter reading, or pay the required deposit when due, or to otherwise comply with these Rules and Regulations, may result in termination or refusal of Utility Services without further notice, subject to applicable bankruptcy laws.

   C.   Receivership. Whenever a Customer is the principal in a receivership proceeding, an actual reading shall be obtained on the meter. The receiver shall furnish the Department with a copy of his/her valid appointment papers from the court, highlighting the section that specifically states that the receiver is duly authorized to handle utility matters, in order to contract for service after the receiver's appointment date. Unless the Department was a named party to the receivership action with a resulting court order that validly binds the Department, for the continuation of Utility Services after the receivership appointment date, the receiver must contract for Service in accordance with these Rules and Regulations and applicable law. The receiver may be required to sign an acknowledgement as to the exact amount of the Customer's arrearage and to make arrangements to pay the Customer's bill in full before any further Utility Service is granted. The receiver shall furnish a deposit to ensure payment for future Utility Services. The deposit shall be determined by the Department. The receiver's failure to furnish reasonable and safe access for an actual reading or to pay the required deposit when due, or to otherwise comply with these Rules and Regulations may result in termination or refusal of service without further notice. The Department will only provide Utility Services to a Premises post-receivership once the receiver satisfies the Department's receivership requirements.

106.05 Additional Remedies

   A.   To the extent authorized by law, where a Customer has an unpaid delinquency, the Department may elect to intercept and apply to the delinquency any other payments that Customer may be eligible to receive from any other City source, including, without limitation, income tax refunds and payroll.

   B.   Water loss, theft of utility services, equipment tampering, equipment theft and similar investigations regarding Utility Services may be handled by any method determined by the Department and may include, without limitation, backbilling for unbilled consumption and/or unauthorized use, the addition of charges to one or more accounts, the automatic forfeiture of any deposits, the filing of criminal charges and any other civil remedies permitted by law.

CHAPTER 107 DEPARTMENT ACTIONS

107.01 Notification of Water Main Shut Off

   Before a water main is shut off for reason of repairs or alterations, all Customers affected will be notified whenever possible. Notice may be given orally, in person or in writing.