(a) On or about the nineteenth (19th) day after a bill for water service is mailed, if payment has not been received in the utility office of the city, a disconnection notice shall be mailed to the customer. The deadline for payment of the balance due shall be specified on the disconnection notice and shall be not less than five (5) days nor more than seven (7) days after the mailing of the notice. Upon a failure to pay a utility account, the city manager or his authorized representative, for and on behalf of the city, shall have the authority to order utility service provided under such account disconnected and discontinued until the appropriate service charges for reconnection of such service have been paid to the utility office of the city, together with all delinquent charges due upon the account. If payment is not received in the utility office of the city by the date specified in the disconnection notice, a nonpayment fee as provided in section A20.03.002 of the fee schedule in appendix
A to this code shall be added to the customer’s account and the service shall be scheduled for disconnection on the next working day. The nonpayment fee shall apply even if service is not disconnected. In addition, any and all service charges associated with the disconnection or reconnection of service shall apply in all cases, even if payment is received after the date specified in the disconnect notice. The utility office manager reserves the right to forego or postpone disconnection of service if the prior balance is an amount as provided in section A20.03.002 of the fee schedule in appendix
A to this code. If residential utility service is disconnected for nonpayment, any reconnection made after regular hours or on weekends or on holidays will be subject to an additional charge as provided in section A20.03.002 of the fee schedule in appendix
A to this code. Commercial reconnects made during the days of the week Monday through Friday, between the hours of 8:00 a.m. and 5:00 p.m., shall be charged a fee as provided in section A20.03.002 of the fee schedule in appendix
A to this code. No commercial reconnects will be performed after hours. Payments received after hours by the police station will require an additional fee as provided in section A20.03.002 of the fee schedule in appendix
A to this code.
(b) No agreements to extend service or credit to a residential customer
shall be made except in case of actual emergencies, upon prior approval
of the utility office manager or his or her authorized representative.
Extensions of not more than fourteen (14) calendar days from the last
day to pay will only be allowed for two (2) billings during a rolling
twelve (12) month period. No extensions will be allowed on first bills
nor extensions on top of extensions, nor bills containing additional
deposits.
(c) The utility office manager or his or her authorized representative
may order and direct that services be discontinued at any location
by the disconnection of service at the water meter or by removal of
the water meter when physical evidence shows that the water meter
has been subjected to tampering. The phrase, “when physical
evidence shows that the water meter has been subjected to tampering,”
shall mean any one or all of the following: (1) water meter is found
to have been removed; (2) water meter plug is found to have been removed;
(3) water meter has been turned on after being turned off by city
employees or personnel for termination of service or disconnection
for nonpayment; (4) any foreign object is found to have been inserted;
(5) any foreign substance is found to have been injected into any
such meter; or (6) any adjustment is found to have been made in the
mechanism of any such meter. The finding at any time of any fact,
circumstance or condition on or about any such water meter that tends
to show or evidence that any act or acts have been committed or performed
in violation of any portion or portions of this section shall be and
constitute prima facie evidence and create an evidentiary presumption
of knowledge on the part of the person having subscribed for water
service through any such water meter, or the person having the custody
or management of the building, room, or place for which such subscription
for any service is made, or the performance or commission of any such
act or acts prohibited under this code. Such subscriber or other person
shall be deemed to have or caused to occasioned the performance or
commission of any such prohibited act or acts. Upon finding evidence
of meter tampering, a criminal complaint will be filed with the appropriate
law enforcement agency.
(d) The utility office manager or his or her designee may order and direct
that services be disconnected at any location when payment on account
has been made by worthless document.
(e) The service charge for reconnecting services after disconnection authorized under subsection
(c) shall be as provided in section A20.03.002 of the fee schedule in appendix
A to this code and shall be reconnected only during regular working hours between 8:00 a.m. and 5:00 p.m. during the days of Monday through Friday and not on holidays observed by the personnel or employees of the utility office. The service charge provided herein shall not be construed as an assessment of a fine as provided by section
1.01.009 of this code.
(f) The utility office manager or his or her authorized representative
shall be entitled to bill and collect from the customer, under the
proper rate schedule, for all water usage not recorded on the meter
by reason of such tampering or interference with such meter, for a
period of the service up to six (6) months, the amount of which may
be estimated by the city from the best available data.
(g) If a customer fails to pay for all bills for municipal utility service,
upon recommendation of the city manager, the city shall impose a lien
against the property to which the service was provided, unless it
is a homestead as protected by the state constitution, for delinquent
bills for municipal utility service to the property.
(h) The lien shall not apply to bills for service connected in a tenant’s
name, after notice by the property owner to the city that the property
is rental property.
(i) The lien shall not apply to bills for service connected in a tenant’s
name prior to the effective date of this section (ordinance adopted
July 26, 2005) imposing the lien.
(j) The 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 utility’s account
number for the delinquent charges. The lien may include penalties,
interest, and collection cost.
(k) The lien is inferior to a bona fide mortgage lien that is recorded
before the recording of the lien in the real property records of the
county where the property is located. The lien is superior to all
other liens, including previously recorded judgment liens and any
liens recorded after the lien.
(l) Upon the request of the city manager or his designee, the city attorney
is authorized to take all action necessary, including the filing of
suit as the city attorney, in his discretion, deems necessary to collect
past due utility bills.
(m) Notwithstanding any other provision of this section, once all arrearage,
penalties, damages and other sums of monies expended by the city for
the discontinuance, insuring of continued discontinuance, or reinstatement
of said utility service are paid in full, utility service may be reinstated
to the person for whom payment is made.
(n) Upon finding evidence of meter tampering, the account may be placed
on “cash only.” If evidence is found, additional times,
the account may be placed on “permanent cash only” and
the meter tampering fee shall be twice the amount of the current tampering
fee each time.
(Ordinance 17-037, ex. A, adopted 9/26/17)
No service shall be furnished to any person who is delinquent
in the payment of any bill for city-provided services furnished on
the premises to which city-provided services are desired or to any
other premises in the city unless an agreement for a payment plan
is executed and approved by the customer service manager.
(Ordinance 20-015 adopted 3/5/20)
All meters, as nearly as possible, shall be read once a month and bills rendered therefor. If the meter reader is unable to procure a reading of the meter, because ingress to the meter is obstructed in any manner, or entrance to the premises is made precarious by a vicious dog, or otherwise, an estimated charge shall be made of the amount of water consumed. A fee as provided in section A20.03.004 of the fee schedule in appendix
A to this code may be applied each month after a customer has been notified in writing or in person of the obstruction.
(Ordinance 05-088, sec. 1, adopted 7/26/05)
(a) There is hereby established a service charge as provided in section A20.03.006 of the fee schedule in appendix
A to this code which shall be levied and assessed by the utility office of the city when an account for any water or sewer service is provided, furnished or sold by said city or an account for any electric, water, sanitary sewer, garbage or other service provided, furnished, sold, rendered or collected for by said city is paid or satisfied, or attempted to be paid or satisfied, in whole or in part, by the making, drawing, uttering or delivery of any check, draft or order for the payment of money on any bank, person, firm or corporation at a time when the maker, drawer or pay or thereof does not have sufficient funds in or on deposit with such bank, person, firm or corporation for the payment in full of such check, draft or order, as well as all other outstanding checks, drafts or orders upon such funds then outstanding, or is returned unpaid for any other reason, which said service charge shall be billed to and become a part of the account for which any such check, draft or order was given in satisfaction therefor if the city incurs a nonsufficient fee.
(b) Regardless of any agreement by and between an owner and occupant,
such service charge shall be billed against, and collected from, the
individual, association or corporation using the utility or solid
waste collection service in payment for which such check, draft or
order was made, drawn, uttered or delivered. Any such charge shall
be due on the billing date as shown on the statement and shall be
payable on or before the tenth (10th) day thereafter, and the same
shall be chargeable as a lien or legal charge against the deposit
made for the security of payment of a utility account. Upon a failure
to pay any such charge when due, the city manager or his or her authorized
representative, for and on behalf of the city, shall have the right
and authority to order any utility service or services provided by
said city discontinued until such charge is paid to the utility office
of the city.
(c) Any residential or commercial customer having paid a first bill or deposit with a check or other bank drafting instrument that is not honored by the bank or online pay service for any reason may be placed on “cash only” status for a period of twelve (12) months and the customer may be required to increase his/her deposits as provided in section
20.02.036(a)(4)(G) of this code.
(d) Any residential or commercial customer having paid a bill not subject to subsection
(c) with a check or other bank drafting instrument that is not honored by the bank or online pay service for any reason twice within a twenty-four (24) month may be placed on “cash only” status for a period of twelve (12) months from the date the last nonsufficient payment was presented and may be required to increase his/her deposits as provided in section
20.02.036(a)(4)(F) of this code.
(e) Any residential or commercial customer having presented a single
check or other bank drafting instrument that is not honored by the
bank or online pay service for any reason after having been placed
on “cash only” status previously may be placed “permanent
cash only” status.
(Ordinance 17-037, ex. A, adopted 9/26/17)
(a) Where there are different consumers liable for any city utility charges,
and where one (1) or more consumers so liable leaves such premises,
such consumers so leaving shall not be supplied with city utilities
at the new premises occupied by them until all accounts due by such
persons shall have been paid. Where any consumer is liable to the
city for such charges at one (1) place, and is thereafter located
using city utilities at some other place, the city utilities shall
be turned off at the new location until all valid accounts past due
are paid.
(b) Where two (2) or more families occupy the same house or apartment,
and the water account is in the name of one (1), and the one (1) in
whose name the account stands moves away, the remaining family is
also responsible for the unpaid city utility bills.
(c) Should any person move into any premises supplied with water from
the city mains, without making a written application in the manner
provided therefor, and use water, such person shall become responsible
for all water used from the date of the last reading previous to his
or her occupying said premises, and the failure to pay same shall
be cause for disconnecting such service until the amount due is paid.
(d) Where city utilities are supplied to more than one (1) family or
occupant through a single service pipe on which there is a meter,
the city will not undertake to apportion the charges for such use
of city utilities among the several owners or occupants through whose
premises such service pipes pass, and in such cases each separate
owner, occupant or family shall be subject to the minimum charge heretofore
specified.
(Ordinance 05-088, sec. 1, adopted 7/26/05)