For the purpose of this subchapter, the following definitions
shall apply unless the context clearly indicates or requires a different
meaning. Terms not defined herein shall be construed in accordance
with customary usage.
BILLING CYCLE.
The interval of approximately 30 days between successive
meter reading dates.
CUSTOMER.
Any individual, partnership, association, firm, public or
private corporation, builder or developer, or governmental agency
receiving any one or more of the following services from the city
at any specified premises: water; wastewater; or solid waste disposal.
CUSTOMER’S ACCOUNT.
Include charges for water and wastewater utility and solid
waste disposal services provided by the city.
LIVING UNIT EQUIVALENT.
A unit of measure representing the quantity of water consumed
and wastewater generated on an average daily basis from a single-family,
detached residence of average size and occupancy.
PRESENTMENT.
The mailing of notice of a charge, if such notice is mailed,
or the personal delivery of such notice.
(Ordinance 219-85-12-3, passed 12-3-85)
The city’s waters and wastewater rates, fees and charges
will be as set forth in a separate ordinance. (See Table IX of the
Table of Special Ordinances).
(Ordinance 219-85-12-3, passed 12-3-85; Am. Ordinance 226-86-4-29, passed 4-29-86; Am. Ordinance 261-87-9-22, passed 9-22-87; Am. Ordinance 325-90-09-11, passed 9-11-90; Am. Ordinance 505-98-09-22, passed 9-22-98)
(Ordinance 219-85-12-3, passed 12-3-85; Am. Ordinance 261-87-9-22, passed 9-22-87; Am. Ordinance 325-90-09-11, passed 9-11-90; Am. Ordinance 340-91-10-08, passed 10-8-91; Am. Ordinance 505-98-09-22, passed 9-22-98)
The tap fee established by Ord. 219-85-12-3, passed 12-3-85,
is rescinded effective June 27, 1990, except to the extent that an
impact fee as it existed on June 20, 1987, is assessed, and provision
for collection thereof is made, pursuant to § 3.1 of Ord. 319-90-06-26
as subsequently replaced by 388-93-10-26.
(Ordinance 219-85-12-3, passed 12-3-85; Am. Ordinance 261-87-9-22, passed 9-22-87; Am. Ordinance 325-90-09-11, passed 9-11-90; Am. Ordinance 505-98-09-22, passed 9-22-98)
The capital recovery fees established by Ord. 219-85-12-3, passed
12-3-85, are rescinded effective June 27, 1990, except to the extent
that an impact fee as it existed on June 20, 1987, is assessed, and
provision for collection thereof is made, pursuant to § 3.1 of
Ord. 319-90-06-26 as subsequently replaced by 388-93-10-26.
(Ordinance 219-85-12-3, passed 12-3-85; Am. Ordinance 261-87-9-22, passed 9-22-87; Am. Ordinance 325-90-09-11, passed 9-11-90; Am. Ordinance 505-98-09-22, passed 9-22-98)
(Ordinance 219-85-12-3, passed 12-3-85; Am. Ordinance 261-87-9-22, passed 9-22-87; Am. Ordinance 325-90-09-11, passed 9-11-90; Am. Ordinance 505-98-09-22, passed 9-22-98)
(Ordinance 219-85-12-3, passed 12-3-85; Am. Ordinance 505-98-09-22, passed 9-22-98)
(A) Billing.
(1) A customer’s bill for utility services shall be presented to
such customer monthly and shall be due and payable to the city on
or before the fifteenth day following its presentment.
(2) Any balance not paid by the due date set out in division (1), above,
together with any penalty charge as required in division (B)(2) below,
shall be carried forward to the next billing cycle and shall be added
to the current charges. The entire balance shall be due and payable
on or before the fifteenth day following its presentment.
(B) Delinquency.
(1) Any bill for utility services not paid in full by the deadline established
in division (A)(1) above, shall be considered delinquent and a penalty
charge shall be added to the customer’s billing account.
(2) Payment of a penalty charge as determined in § 53.100(B) shall
be required for all customers with delinquent accounts.
(Ordinance 219-85-12-3, passed 12-3-85; Am. Ordinance 772-05-01-25, passed 1-25-05)
(A) General.
If full payment of a customer’s account is not made in accordance with the requirements of §
53.102(A)(2), such customer is subject to termination of his water utility service.
(B) Notice.
(1) It is the policy of the city to discontinue utility service to customers
by reason of nonpayment of bills only after notice and a meaningful
opportunity to be heard on disputed bills. The city’s form for
application for utility service and all bills shall contain, in addition
to the title, address, room number, and telephone number of the official
in charge of billing, clearly visible and easily readable provisions
to the effect:
(a) That all bills are due and payable on or before the date set forth
on the bill; and
(b) That if any bill is not paid by or before that date, a second bill
will be mailed containing a cutoff notice that if the bill is not
paid within ten days of the mailing of the second bill, service will
be discontinued for nonpayment; and
(c) That any customer disputing the correctness of his bill shall have
a right to a hearing at which time he may be represented in person
and by counsel or any other person of his choosing and may present
orally or in writing his complaint and contentions to the city official
in charge of utility billing. This official shall be authorized to
order that the customer’s service not be discontinued and shall
have the authority to make a final determination of the customer’s
complaint.
(2) Requests for delays or waiver of payment will not be entertained;
only questions of proper and correct billing will be considered. 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, but in no event until the charges have been due and unpaid
for at least 30 days.
(C) Disconnection.
(1) The water utility service of any customer with a delinquent account
which is not paid in full by the deadline date set out in division
(B)(2)(b) above, shall be disconnected.
(2) Water utility service disconnected for nonpayment will be restored after payment by the customer of the balance owed on his account as determined in §
53.102(A)(2), plus the disconnection and reinstatement charges and the deposit, as set out in §§ 53.100(A) and 53.101(C), respectively.
(D) Waiver.
The failure of the city to comply with any time provision contained
herein shall not be a waiver of the city’s right to seek termination
of water utility service for the reasons specified in this subchapter.
(Ordinance 219-85-12-3, passed 12-3-85)
It shall be deemed a violation of this subchapter to:
(A) Use
the water or wastewater service of the city without the knowledge
and consent of the City Council;
(B) Interfere
or tamper with, deface, or in any way cause injury to the water or
wastewater system or its appurtenances; or
(C) Do
any act which otherwise is proscribed by this subchapter.
(Ordinance 219-85-12-3, passed 12-3-85)
(A) The
utility ratemaking information ordinance and any and all attachments,
including Attachment A - Rate Filing Package Requirements for Water
Utility and Sewer Utility (as these terms are defined herein) is hereby
adopted and read with all attachments as if incorporated into this
section for all intents and purpose.
(B) All
non-municipally owned water utilities and/or non-municipally owned
sewer utilities providing service to customers within the city’s
jurisdictional limits must present a full and complete rate filing
package (without omissions) that fully conforms with and complies
with this section to the city and such package must be on file with
the city for at least 90 days prior to any request for a rate increase
may be considered complete and presented for consideration by the
city council pursuant to state law. Municipally owned water utilities
and sewer utilities are exempt from this section.
(Ordinance 1135-13-02-22, passed 1-22-13)