(A) For purposes of billing and collection of water fees, CUSTOMER shall mean the person in whose name the water service is provided.
(Ord. 68-1, passed 8-12-68; Am. Ord. 96-11, passed - -96; Am. Ord. 2006-5A, passed 9-25-06; Am. Ord. 08-2, passed 3-10-08)
(B) The water bill shall be delinquent if unpaid on the due date specified on the utility bill. A late fee of 10% (not including sales tax) shall be added if the bill is unpaid on the due date specified on the utility bill. After one delinquent bill and notice, the water will be shut off as provided in division (D) below. A penalty of 10% shall be added on sewage if delinquent.
(C) It is the policy of the town to discontinue utility service to the customer for reason of nonpayment of bills, after notice to the customer and owner of the property to which water service is provided of the nonpayment of the bill, and a meaningful opportunity for the customer and owner of the property to which water service is provided to be heard on disputed bills. To further this policy, the town shall not provide any new additional utility service until all outstanding bills payable to the town have been paid.
(D) The town’s form for application for utility service and all bills shall contain the title, address, and telephone number of the Clerk-Treasurer, who shall be in charge of billing and shall provide the following:
(1) That all bills are due and payable on or before the date set forth on the bill as the due date; and
(2) That if any bill is not paid by or before that date, a notice will be mailed to the customer and the owner of the property to which water service is provided, containing a cutoff date when water service will be terminated at the end of ten days of the mailing of the notice; and
(3) That any customer or owner of the property to which water service is provided disputing the correctness of his bill shall have a right to a hearing, at which time he or she may be represented in person and/or by counsel or any other person, and may present, orally or in writing, the complaint and information to the Clerk-Treasurer of the town. The Clerk-Treasurer is authorized to order that the customer’s service not be discontinued, providing the determination of the complaint. A determination of the Clerk Treasurer will be considered final. Requests for delays or waiver of payment will not be entertained.
(4) In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified.
(5) The town reserves the right to utilize a collection agency or collection attorney for such unpaid bills.
(E) Policy in regard to payments that fail after initial acceptance by the town (i.e., not ultimately paid to the town), including without limitation, payment by check, credit or debit card, automatic clearing house (ACH) transaction, electronic funds transfer (EFT), online banking transfer, whether returned or dishonored for insufficient funds, having been drawn on a closed account, stop payment, or otherwise ("failed payment"):
(1) It is the policy of the town to discontinue service to customers that have made a failed payment after notice of the failed payment is received by the Clerk-Treasurer.
(2) Prior to disconnection for nonpayment as a result of a failed payment, the Clerk-Treasurer shall notify the customer by mailing a notice to the customer's address and posting a notice on the customer's door, giving the customer notice that the customer has two days to pay the failed payment and the insufficient funds fee in full by money order, cashier's check or cash, or service will be disconnected for nonpayment of bill.
(3) In the event the customer does not provide payment for the failed payment and insufficient funds fee in the time specified, the Clerk-Treasurer shall provide notice and proceed with discontinuance of the customer's service as provided in division (D) above.
(Ord. 75-4, passed 2-20-75; Am. Ord. 88-5, passed 2-1-88; Am. Ord. 96-11, passed - -96; Am. Ord. 2006-5A, passed 9-25-06; Am. Ord. 08-2, passed 3-10-08; Am. Ord. 08-4, passed 6-9-08; Am. Ord. 08-4A, passed 9-8-08; Am. Ord. 2023-16, passed 11-14-23)