(A) Late payment charges. Bills for sewer service will be rendered monthly. Bills which remain unpaid for a period of more than 17 days following the mailing of the bill by the utility shall be delinquent, and a late payment charge in the amount of 10% of the first $3 and 3% of the excess of $3 shall be added to the bill and owed by the customer.
(B) Over-payment. Over-payments by the customer will be applied to the customer’s account as a credit towards future rates, charges and fees, until such credits are fully depleted. Upon termination of the customer’s account, any credits remaining after satisfaction of all applicable rates, charges and fees shall be refunded to the customer.
(C) Partial payment.
(1) In the event that the customer tenders only partial payment or any amount less than the total amount of all rates, charges and fees outstanding, payments from the customer shall be applied in the following manner:
(a) First, payments shall be applied against any and all fees and other nonrecurring charges (i.e., late payment charges, capacity fees, subsequent connector fees, reconnection fees and the like), in a manner and order solely within the town’s discretion, until all such fees and charges are fully satisfied.
(b) Second, payments remaining after full satisfaction of rates, charges and fees due and owing under division (C)(1)(a) above shall be applied to that portion of the customer’s account owed for rates and charges from water services (i.e., monthly water rates and the like).
(c) Third, payments remaining after full satisfaction of rates, charges and fees due and owing under divisions (C)(1)(a) and (b) above shall be applied to the remaining portion of the customer’s account owed for rates and charges from sewer services (i.e., monthly sewer rates and the like).
(2) In the event of a dispute as to the classification of a fee, rate, charge or otherwise under this division (C), all determinations by the town as to the ultimate allocation of specific payments shall be final.
(D) Collection policies. The town reserves the right at all times, notwithstanding any waiver, whether express or implied, to pursue any and all available actions it deems necessary, as permitted by law, to collect outstanding or delinquent rates, fees and charges, including but not limited to filing legal actions in a court of competent jurisdiction and/or filing liens against the customer’s property, and recover its costs, including but not limited to its attorneys’ fees.
(E) Disconnection of service. The town reserves the right to disconnect a customer for nonpayment of service to the customer’s property. However, water service may not be discontinued to a customer until the charges have been due and unpaid for at least 30 days. Prior to discontinuance of service, the town shall provide the customer, by mail, with at least ten days’ prior written notice of its determination to discontinue service if the unpaid charges are not paid before a date specified in the notice.
(Ord. 2010-0003, passed 1-21-2010)
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