921.06 UTILITY RATES, BILLING AND COLLECTION; LIABILITY FOR CHARGES.

   (a)   The Director of Administration has the authority and responsibility to assess utility user charges of sufficient amounts and in such manner as s/he deems equitable from all premises supplied with utility services. In assessing such user charges, s/he shall strictly observe the policy on rate-setting for enterprise funds set forth in Ordinance 1989-54. The Director of Finance has authority and responsibility for billing and collecting utility user charges, assessments and fees. The customer has the right to appeal any action resulting from this section and any actions resulting from utility regulations. Such request shall be made to the responsible authority.

   (b)   Requesting and accepting City utility services shall be deemed to create a contractual relationship between the City and the customer by which the customer agrees to pay all user charges and abide by all regulations for the provision of utility services. Liability for all utility service user charges rests with the property owner of record regardless of billing name or address. All administrative fees, late charges and/or other collection expenses shall be added to the utility billing of the service address.

   (c)   Whenever a break or a leak occurs on a private water main or in the portion of a water service line between the curb stop and the premises supplied, the City may elect to recover costs incurred for the estimated water lost due to the break or leak and costs incurred for the repair of the break or leak with either its own personnel or a contractor (see 921.03c). For any such cost, after the actual cost is determined, the City shall give five days' notice, by regular mail, to the owner of the premises, at his or her last known address, to pay the cost of such work, which notice shall be accompanied by a statement of the amount of cost incurred. In the event that the same is not paid within thirty days after the mailing of such notice, such amount shall be collected as described below.

   (d)   When utility user charges are not paid when due, the Director of Finance or his representative may, in addition to charging delinquent charges and collection fees, do either or both of the following:

      (1)   Certify delinquent amounts, together with any penalties, to the County Auditor for placement on the tax duplicate as a lien on the property served and, collection in the same manner as other taxes.

      (2)   Collect delinquent amounts by action at law brought in the name of the City against the owner of the property, tenant or other person who is liable for the unpaid charges.

   (e)   In addition to the foregoing remedies, the Director of Administration or her/his representative may discontinue services to a property by reason of nonpayment of billed utility user charges.

(Ord. 2017-24. Passed 9-5-17.)