A. Any person or entity who owns a premises or real property to which water service is or can be delivered shall establish a sewer service account to pay for sewer service to the premises, or the availability of sewer to the premises. Any person or entity to which sewer service from the City is available shall make application to the Office of the City Clerk or Utility Billing Clerk. The application shall be signed by all persons or entities having an ownership interest of record in the premises to be served. At the discretion of the City Clerk or Utility Billing Clerk, the applicant for services may be required to provide any or all of the following information:
1. The official address and legal description of the premises to be served.
2. The name and address to be used for purposes of billing statements.
3. The location of all meters serving the applicant's premises.
4. The applicant's social security number or Federal tax ID number.
5. The service address where previous utility services were provided to the applicant.
6. Picture identification from a government entity.
B. The applicant shall submit to the Utility Billing Clerk such proof of ownership of the property to benefit from the sewer service or other personal and financial identification to the satisfaction of the Utility Billing Clerk.
C. The application shall constitute a general waiver on the part of the applicant of any claim for offset, damage or breach against the City resulting from or occasioned by any defective plumbing or appliance installed or caused to be installed by the owner, lessee or occupant at the premises described in the application.
D. In addition to the utility service agreement, the application shall also constitute and be construed as a continuing offer on the part of the customer to purchase and be responsible for the cost of sewer service from the City, and provision of the sewer service or the availability of sewer service shall be deemed acceptance of the offer. The applicant shall be the customer and shall be responsible for payment of all sewer service charges until the customer's utilities service agreement is mutually terminated and the responsibility for the service has been officially transferred by the City to a new applicant notwithstanding the transfer of ownership of the property or premises and the ability of the City to jointly or severally charge and collect sewer service charges from another person or entity. Acceptance of a sewer charge from one person or entity not the current applicant or customer shall not waive the right of the City to collect any other or additional sum due for sewer service to said same property or premises from the person or entity officially listed as the applicant or customer.
E. Upon satisfactory completion of the application and satisfaction of all other requirements for sewer service, the utility account shall be opened in the name of the applicant, thereafter known as the customer, unless:
1. The applicant is a person or entity who owes the City on a sewer services account for that premises or any other premises; or
2. The applicant is a person or entity who has failed to cure the breach for which any garbage or sewer service has been terminated pursuant to the provisions of this chapter; or
3. Conditions exist at the premises for which water or sewer services were, will be, or would be terminated; provided, however, no person or entity shall be denied service because of an outstanding obligation of another person or entity, except an entity which is a successor in interest to the obligor entity or acquired the obligor entity.
The City reserves the right to deny service to anyone for any reason.
F. If the application is accepted and a utility account is opened, the customer, which shall include all persons or entities having an ownership interest in the premises to be served, shall execute a utility services agreement agreeing to be responsible for all charges for sewer service rendered to the premises in a form and manner approved by the Utility Billing Clerk and authorizes the attachment of a contractual lien on the property or premises for any unpaid sewer service charges. The utility services agreement must be so executed prior to sewer service being established.
G. In the event an applicant is denied the right to establish sewer service, the Utility Billing Clerk shall give the applicant written notice of the reasons for the denial and the right of the applicant to request a hearing before the Utility Billing Clerk at which time the reasons for the denial may be contested. If the denial is not rescinded by the Utility Billing Clerk and the utility account not established, the applicant may request a hearing before the Mayor who shall make a final determination as whether or not to grant the application, and in appropriate circumstances, require conditions for service that will assure all fees and charges for service to the applicant's property will be timely paid.
H. In all cases, the owner of the premises to be benefited by sewer service shall be the customer and responsible for all fees and charges for sewer services rendered to the premises. All owners, whether buying or selling the premises served by sewer service, shall notify the City of the transfer of the ownership of the premises and that the sewer account is paid to the date of the transfer of title. No customer shall be relieved from any obligation for the payment of the account until the date that a new application is approved and an account is established for a new customer. Each customer's obligation on the sewer account for services after the date of transfer shall terminate only if the successor in ownership establishes a utilities account which commences on the date the prior customer's obligation terminates, and the City has been notified in writing of the transfer of ownership.
I. The owner of any property may assign the right to apply for such service to any third party who will be residing at the property. Such assignment must include the right of the applicant to bind the owner to any applicable terms. Such assignment must explicitly carry with it either the agreement to allow the City to file a contractual lien against the property for non-payment of fees and charges, or a security deposit from the owner. (Ord. 1171, 2016)