For the purpose of this article, "multifamily" shall mean any dwelling unit other than an individually metered residence.
(2002 Code, sec. 13.501)
Written application shall be made for water and sewer service furnished by the city at the utility department at the municipal center during normal business hours. The application shall state the name and address of the applicant, the type of utility service desired, the purpose for which the application is made and other information that the city shall request. Application for water and sewer service may be denied:
(1)
If it is determined that the customer or a member of the customer's family residing in the same service address is indebted to the city for water and sewer service charges incurred in the past;
(2)
If inspectional or code requirements are not met; or
(3)
If zoning violations exist.
(2002 Code, sec. 13.502)
After the application for water and/or sewer service is received, the applicant shall pay to the city a deposit in the amount as established by the city council.
(2002 Code, sec. 13.503)
The rates set forth in this article are applicable to each residential and commercial customer per month or for any part of a month for which water is used at the same location.
(2002 Code, secs. 13.506, 13.511)
The rates set forth in this article may be changed or amended as provided by law by the city as may be deemed necessary to defray expenses.
(2002 Code, secs. 13.507, 13.512)
The charges for water and/or sewer services shall be billed and collected monthly as a utility charge payable to the city. All monthly invoices provide information regarding delinquency and subjectivity to disconnection of services. All charges not paid within twenty (20) days from the date that the bill is issued shall be delinquent. A late charge penalty as established by the city council will be imposed upon delinquency.
(Ordinance 2011-09-24 adopted 9/12/11)
(a)
In the event that payment of charges for water and/or sewer services furnished by the city is not made by the date specified for cut-off in accordance with the notice sent pursuant to section 24.04.006, service shall be discontinued. Any customer whose water and/or sewer services are discontinued due to nonpayment may have services resumed by paying all accrued and overdue charges, including the late charge penalty and a reconnection charge as established by the city council.
(b)
In the alternative and in lieu of discontinuance of service for nonpayment, the city may take the necessary action to require the water customer to pay the charges imposed for the water furnished to the premises or property, including the imposition of a lien on the non-homestead real property to secure the payment of charges for water supplied on that property to the owner, the owner's agent or the person in charge of the property, subject to the exceptions hereinafter provided.
(c)
If the owner, the owner's agent or the person in charge of the property fails or refuses to pay the charges within ten (10) days after notice in writing, the city may cause the charges imposed for the water furnished to the property to be assessed on the real estate on which such water has been supplied. Notice shall be given by letter addressed to such owner, the owner's agent or the person in charge of the property at his post office address, by personal delivery or by publication as many as two (2) times within ten (10) consecutive days in the city's official newspaper if personal service may not be had as aforesaid or if the address of the owner, the owner's agent or the person in charge of the property be not known. Notice as provided in this subsection shall be complete upon deposit of the notice in writing in the United States mail, postage prepaid, when personally delivered, or upon the second publication in the city's official newspaper.
(d)
The city's lien shall be perfected by recording in the real property records of the county where the property is located a notice of lien containing a legal description of the property and the water department account number for the delinquent charges. The notice of lien shall be a statement by the mayor of the city of the charges, the delinquent charge provided herein, statutory interest allowed on an open account and collection costs incurred by the city, if any. The statement shall be subscribed and sworn to by the mayor in the form usually required for an affidavit, and, upon such recording, the city shall have a lien on such real property superior to all other liens, including previously recorded judgment liens and any liens recorded after the city's lien, but inferior to a bona fide mortgage lien recorded before the recording of the city's lien in such real property records.
(e)
Unless otherwise prohibited by law, the city shall have the right to institute suit for the foreclosure of such lien and collection of such charges. The notice of lien so made or a certified copy thereof shall be prima facie proof of the amount of such charges.
(f)
The provisions of this section shall be subject to the following exceptions:
(1)
No customer may be required to pay for utility service previously furnished to another customer at the same service connection as a condition of connecting or continuing service.
(2)
The city may not require a customer's utility bill to be guaranteed by a third party as a condition of connecting or continuing service.
(3)
No lien may be imposed on an owner's property which is homestead protected by the state constitution.
(4)
No lien may be imposed for charges incurred by a tenant after notice by the owner to the city that the property is rental property. No lien may be imposed on real property for bills incurred by a tenant prior to the effective date of this section.
(2002 Code, sec. 13.509)
It shall be unlawful for any person other than a duly authorized employee of the city to tamper with any water meter or water meter appurtenance. It shall be unlawful for any individual whose meter has been disconnected for nonpayment to turn water service back on without paying all charges in full. Any person, firm or corporation violating any of the provisions of this section shall be deemed guilty of a misdemeanor and upon conviction in the municipal court shall be subject to a penalty as provided in section 1.01.009 of this code.
(2002 Code, sec. 13.510)