A. Sewer service is a service to the property. The sewer service charges levied and assessed by ordinances of the City shall be payable for each lot, parcel of land, building or other premises, whether occupied or vacant, within or without the Warr Acres corporate limits, having a connection with the sanitary sewer system of the City. By submitting an application and establishing an account the customer consents to a contract for services which includes the provisions of this chapter and into which the provisions of this chapter are deemed incorporated by reference. Any charges for sewer service to such premises which are not paid in full when due shall become a contractual lien against the premises serviced by the connection with the City's sanitary sewer system. The terms of the granting of the lien and the rights of the parties shall be set forth in the application and utility service agreement which shall be executed by the customer and shall be a binding contract between the customer and the City. The granting of the lien shall be subject to all applicable provisions of title 31 Oklahoma Statutes section 1(A) concerning homestead and exemption rights of the customer. For rental properties, a property owner may opt out of the mandatory lien provided they post a deposit (separate from any deposit posted by their rentor) equal to the average of four (4) months of sewer service (approximately the number of months service could be provided before finally cut off). This deposit is subject to forfeiture upon a final finding of delinquency at the property and termination of service (provided, however, that the Council may waive any claim of the City to forfeiture and any claim as to the property owner as part of the delinquency process).
B. All property within or outside the City shall be subject to the monthly service charge for sewer service if such property has a connection to the sanitary sewer system of the City, except when the owner can establish that to the satisfaction of the Billing Clerk the water service to the property has been terminated. The property shall thereafter not be subject to sewer charges until water service is restored. At the time water service is restored, the property shall once again be subject to sewer service charges if sewer service has not been terminated, irrespective of whether the property is occupied or vacant. If sewer service was terminated, then the property shall be subject to sewer service charges upon reconnection of the property to the City's sewer system. At the request of the property owner, or at the request of a resident with the consent of the property owner, sewer service may be disconnected with the requesting party being responsible for posting monies equal to the estimated cost (as determined by the Director of Public Works) of parts and labor to effect the disconnect. In the absence of a disconnect, the customer shall be liable for a monthly sewer service charge at all times water service is active to the property. The burden of notifying the City and proving the absence of or termination of water service to property within the City, and/or property served by the City, shall at all times be with the customer. Provided, however, nothing in this chapter waives the right of the City to reevaluate the determination that the property or premises in question receives water or has water service available such that sewer service charges should be or should have been assessed and the assessment of those sewer service charges. At any time the City may request an inspection, documentation, and/or additional information to verify, confirm, or reconfirm the termination of water service. The failure of the customer to prove termination of water service may be deemed a waiver of the absence of water service exception to the assessment of sewer service charges.
C. By directly or indirectly accepting sewer service or the benefit or enhancement of sewer service or the availability of sewer service from the City, the customer shall agree to pay for such service and agree such charges shall be charged or imposed on the property and shall be a continuing lien on the property, paramount and superior to all liens or other subsequent obligations of the customer secured by the property, from the date the City's lien is recorded with the Oklahoma County Clerk. (Ord. 1171, 2016)