§ 55.05  DELINQUENT ACCOUNTS.
   (A)   A late payment penalty of 10% shall be assessed on all accounts with a past due balance.
   (B)   Shut-off for nonpayment.  Water shall not be shut off until notice and an opportunity for a hearing before the City Council or an employee designated by the City Council have been provided to the occupant and owner of the premises involved.
      (1)   If any bill is not paid by the due date listed on the bill and is delinquent by 60 days will be mailed by first class mail a past due/disconnection notice letter and it shall state that if payment is not made within ten days of the date of the notice, water service to the premises will be shut off for non-payment.
      (2)   The past due/disconnection notice shall contain the title, address and telephone number of the billing entity and shall be clearly visible and readable.
      (3)   The notice shall also state that any occupant or owner has the right to a hearing before the water service is disconnected.  The owner or occupant may be represented in person and by counsel or any other person of his or her choosing.  The owner or occupant may present orally or in writing his or her complaint to the City Council.  The City Council may authorize the official in charge of utility billing to continue the customer's service , adjust the customer's bill, or enter into a mutually agreeable payment plan.
      (4)   If an occupant or owner requests a hearing, the water shall not be shut off until the hearing process is complete.
      (5)   If a customer fails to pay and fails to request a hearing under this division, service will be shut off at the time specified in the notice but not until the charges have been due and unpaid for at least 60 days.
   (C)   Certification for collection with taxes.  Unpaid charges on sewer and water accounts shall not be certified to the county auditor until notice and opportunity for a hearing have been provided to the owner of the premises involved.  The notice shall be sent by first class mail and shall state that if payment is not made before the date for certification, the entire amount unpaid plus penalties will be certified to the county auditor for collection as other taxes are collected.  The notice shall also state that the occupant may, before such certification date, attend the scheduled hearing on the matter to object to certification of unpaid utility charges.
   (D)   The owner of the property shall have the option of paying the balance due on the account until the date the notice of the certification hearing is mailed.  After the date the notice of certification hearing is mailed, payments will still be accepted but will include unpaid penalties.
   (E)   A hearing shall be held on the matter by the City Council.  Property owners with unpaid utility charges shall have the opportunity to object to the certification of unpaid charges to be collected as taxes are collected.  If, after the hearing, the City Council finds that the amounts claimed as delinquent are actually due and unpaid and that there is no legal reason why the unpaid charges should not be certified for collection with taxes in accordance with this chapter, the city may certify the unpaid charges to the county auditor for collection as other taxes are collected.
   (F)   For each certification sustained, the property owner shall have the following options after the hearing:
      (1)   To pay the delinquent amount listed on the preliminary roll, but without additional interest after the hearing, within ten days of the hearing date.
      (2)   To pay the certified delinquent amount after the hearing date, but before the county certification deadline, with no interest or assessment fee.
      (3)   To pay the certified charges as billed to them by the county on their property tax statement with a collection term of one year.  Interest and the city assessment fee will be included in the amount due on the property tax statement.
   (G)   The certified roll, minus any payments along with the City Council Resolution will be delivered to the county prior to certification deadline of November 30.
   (H)   Payments received on delinquent accounts after submission of the certification list to the county will be applied as credits to the current utility account.  The certified utility bill balance will be adjusted on utility accounts affected.
(Ord. 12-02, passed 5-8-12)