Loading...
As used in this Chapter the following definitions shall apply:
(a) "Utility" or "Utilities" shall mean any and all city services related to water, sanitary sewer, storm water sewer, garbage and refuse disposal, well field protection and related materials supplied and work performed.
(b) “Residential property” shall mean property containing as its primary use a one or two family dwelling and/or vacant land that is in a residential zoning district.
(c) "Commercial property" shall mean property that is not residential property.
(d) "Multifamily Residential Property" shall mean five or more separate housing units for residential inhabitants contained within one building or several buildings within one complex.
(e) "Property Owner" is the title owner to property within the City of Vandalia that is receiving utilities or for which utilities have been requested.
(f) "Non Property Owner" is someone other than the property owner that is receiving utilities or for which utilities have been requested.
(Ord. 17-31. Passed 12-18-17.)
(a) Non property owners: Whenever application is made by a non property owner for City utility service for residential or multifamily residential property, a deposit of one hundred dollars ($100.00) shall be posted. The non owner must provide evidence of his/her or its legal right to possession of the subject property.
(b) All moneys collected as utility service deposits shall be deposited in the Utility Guarantee Deposit Trust Fund, and the deposit shall be refunded upon payment in full of a final utility bill.
(c) No utility deposit will be transferable to a different address.
(d) Any deposit required by this section may be waived at the discretion of the Finance Director if the property owner is not in default of any utility payment and signs an agreement to be ultimately responsible for any unpaid utility bill.
(Ord. 17-31. Passed 12-18-17.)
(a) Council shall assess and collect the charges for Utilities and related materials supplied and work performed. Any owner of real estate installing or maintaining water service connections, sewer connections, and/or establishing trash and refuse pick up services and all property owners and non property owners shall be considered as accepting provisions of all lawful rules and regulations of the City regarding utilities and as agreeing, in particular, to be liable for all utility service charges for such premises, whether the accounts for such premises are carried in the name of tenants or other persons.
(b) Direct billing of a tenant or other non property owner shall be in no way construed as to relieve the owner of the real estate premises of liability for water and sewer service charges. No direct billing of a tenant will be allowed where any delinquent utility charges of a property owner are not paid in full or where water or sewer service has been terminated for real estate premises owned by the property owner.
(c) For properties that do not receive City water the utilities must stay in owner's name.
(d) The owner of the property or properties is responsible for payment of all service charges, whether incurred under his or her ownership or previously.
(e) Utility bills for foreclosed properties shall to the full extent permitted by law, be the responsibility of the foreclosing party after the date of the judgment of foreclosure irrespective of the recording or non recording of a deed.
(f) The charges levied for utilities shall be billed not less than once each month. All payments are payable to the City of Vandalia. Any bills not paid by on or before the "due date" printed on the bill shall be considered delinquent. Failure of the City to deliver such a bill to owner or his or her designee shall not be cause for non-payment.
(g) Any requests for refunds or adjustments to utility bill shall be made in writing to the City Manager or his or her designee. No refunds or adjustments shall be granted for any period exceeding two (2) years from the date of the request for refund or adjustment.
(h) Use of water from hydrants for temporary purposes and bulk water purchases shall be at the rate charged for water in a 5/8 meter as set forth in section 1042.11. The City may require a deposit for a hydrant meter of the greater of $1,200.00 or the actual cost of replacing the meter.
(Ord. 17-31. Passed 12-18-17.)
(a) The Director of Finance is directed to accept only the collection and payment of the entire joint statement for utility services rendered by the Municipality owned and operated public utilities of water services and the services of the sanitary sewerage system and disposal plant, along with charges for garbage and rubbish collection, storm water drainage and well field protection and not to accept collection of the charges for one of such services without collecting the charge for other services.
(b) The Director of Finance may accept partial payment for such utility service provided the entire monthly charge is paid prior to becoming delinquent.
(c) The City may, in addition to other remedies provided herein or permitted by law, discontinue water service to the property served by a connection or tap-in in the event of failure to timely pay any portion of the utility bill.
(d) Notwithstanding section 1049.03(f) When water service has been temporarily turned off at the request of the owner pursuant to 1042.10, storm water charges under section 1045.26 shall continue to accrue but monthly payments may be differed until such time that water service is resumed or for a period of twelve months which ever is less.
(Ord. 17-31. Passed 12-18-17.)
(a) Except as otherwise expressly stated in the City ordinances, any utility bill not paid in full by the due date shall be considered delinquent and subject to a late payment penalty of 15% of the current charges. Water service may be terminated for nonpayment of any and all utility charges now and hereafter in force.
(b) If the utilities are in the name of a non property owner, a copy of the delinquent bill shall be forwarded to the property owner at the address listed with the Montgomery County Auditor's office.
(c) If full payment is not received by the eighth day of the month following the delinquency, a $25.00 trip fee will be assessed thereafter if the City sends a person out for purposes of disconnecting the water at the property.
(d) In the event water service is disconnected, there shall be a $25.00 fee to restore water service. In addition, if the customer requests the City to restore water service at a time other than regular business hours an additional fee of $10.00 will be charged.
(e) For any City properties that do not receive water service from the City, the property owner shall be assessed $15.00 for each delinquent bill.
(f) The delinquent charges in this section shall not be construed as a penalty but an additional charge to defray the actual expense of billing and collecting delinquent accounts.
(g) Each charge levied pursuant to this chapter is made a lien upon the corresponding lot, land or premises served by any of the City's utilities, and upon becoming delinquent in addition to any water service being shut off, the utility charges may be certified to the County Auditor, who shall place such charges on the tax duplicate of the County, along with the interest and penalties allowed by law. This charge, including interest and penalties, shall be collected as other taxes are collected.
(h) The Finance Director may waive any fee or delinquency charges no more than one time upon good cause shown.
(i) All delinquency fees collected for utility services are to offset costs associated with collection and enforcement of the City's utility ordinances. Such fees once collected by the City may be allocated and prorated to the various City utility funds applicable to that property pursuant to law.
If a check, bank card payment of ACH transfer is returned to the Finance Director as a result of non-sufficient funds, the City may charge a fee. If a return is made for the same account more than three (3) times in a twelve (12) month period, unless other arrangements are made by the Finance Director, all future payments must be paid with a money order, certified bank check or cash.
(Ord. 17-31. Passed 12-18-17.)