§ 51.06 TAP FEES AND SHUT-OFF ALLOWANCE.
   (A)   Water tap fee, sewage tap fee and shut-off allowance time.
      (1)   The water tap fee, sewage tap fee and shut- off allowance time is hereby amended, revised and established to be as follows.
      (2)   The appropriate and applicable sections of the code pertaining to rates, fees and charges established levied for services provided by the wastewater utility are hereby amended, revised and established to be:
         (a)   The water tap fee shall be the sum of $700;
         (b)   The sewage tap fee shall be the sum of $1,200; and
         (c)   The shut-off allowance for utility service shall be in the event the account is delinquent for 60 days.
      (3)   The schedule of fees hereby established shall be in effect on and after June 1, 2019.
   (B)   Delinquent fees and penalties as liens. The charges for Wastewater Department user fee and for water utility fees, including penalties and recording fees, constitute a lien upon the property served by the wastewater and/or water utility and may be collected in accordance with the provisions of I.C. 36-9-23, as amended.
   (C)   Amendments to fines and penalties.
      (1)   Any tap into a sewer under the jurisdiction and possession of the town’s wastewater utility at the tap is made that is made without authorization of the Water Utility Superintendent and/or the Town Manager shall result in a fine. No authorized tap or access to the sewer shall be sanctioned or provided until all fines incurred for unauthorized access are paid in full.
      (2)   No access, maintenance, or repair to a sewer under the jurisdiction of the town’s wastewater utility shall be done by any person(s) not employed by said utility or the town without the express written permission of the Water Utility Superintendent and or the Town Manager and with the posting of a bond or proof insurance in the amount sufficient to cover any damages done to said sewer.
      (3)   No person(s) shall access water from any non-metered or hydrant-source owned and operated by the water utility without the authorization of the Water Utility Superintendent or the Town Manager. Accessing town’s water utility water without proper authorization by the Water Utility Superintendent or the Town Manager shall result in a fine. The Town Attorney, under appropriate circumstances, shall pursue criminal prosecution for theft in any and all cases where it is deemed that unauthorized access to non-metered or hydrant-sources owned by the water utility was accomplished with the intent to steal the water so obtained.
      (4)   The water utility charges for water provided by the utility at any site served by the water utility shall be made to and paid by the property owner(s) of record of that site as best determinable by the Water Utility Superintendent. Water service shall not be provided to the property owner(s) of record if there are any arrears unpaid for 60 days until all arrears in payments are paid with penalties.
      (5)   No person(s) shall at any time or in any manner enter into or manipulate the mechanisms within the water meter, nor turn on or off any mechanism placed by the water utility placed at any site without the expressed written permission of the Water Utility Superintendent.
   (D)   Violation enforcement and penalties. Failure to pay the water tap fee or the sewage tap fee, or if utility fees are unpaid for 60 days or more, is considered a violation of this section, which will cause utility service to be disconnected and the town will pursue collection which shall also include the cost of recovery, including attorney’s fees, other cost of collection and recording fees.
(Ord. 2019-2, passed 5-7-2019) Penalty, see § 51.99