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The tap fee established by Ord. 219-85-12-3, passed 12-3-85, is rescinded effective June 27, 1990, except to the extent that an impact fee as it existed on June 20, 1987, is assessed, and provision for collection thereof is made,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The capital recovery fees established by Ord. 219-85-12-3, passed 12-3-85, are rescinded effective June 27, 1990, except to the extent that an impact fee as it existed on June 20, 1987, is assessed, and provision for collection thereof is made,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)