Utility rates and charges for services rendered by the city
are as set forth in the fee schedule in appendix A of this code.
(Ordinance adopting 2023 Code)
(a)
The courtesy notice of disconnect of water/sewer service is a second
opportunity for the customer to pay a delinquent bill.
(b)
The notice will be so served the day before the regular cut-off day
and will be the only notice to the customer before service is terminated.
(Ordinance 170-050696 adopted 5/6/96)
The city council does hereby implement a grace period of seven
(7) days for a new water customer obtaining water service from the
city water and sewer systems prior to the regular billing date.
(Ordinance 155-8-01-94 adopted 8/1/94)
There shall be delinquent fee as set forth in the fee schedule
in appendix A of this code. If at any time the service is disconnected
for nonpayment, the full balance on the customer account, in addition
to all fees, must be paid before reconnection of service.
(Ordinance 02192019-2, sec. 5, adopted 3/7/22; Ordinance 03062023-02, art. I, sec. 5, adopted 3/6/23)
It is mandated that new construction shall have a sewer backflow
preventer installed at customer expense.
(Ordinance 02192019-2, sec. 10,
adopted 3/7/22; Ordinance
03062023-02, art. I, sec. 10, adopted 3/6/23)
There shall be a customer service inspection fee as set forth
in the fee schedule in appendix A of this code. All leak adjustment
will require a CSI before the adjustment is approved.
(Ordinance 02192019-2, sec. 11,
adopted 3/7/22; Ordinance
03062023-02, art. I, sec. 11, adopted 3/6/23)
Each customer will be billed from the first day of service at
a prorated rate for all services, to include garbage.
(Ordinance 03062023-02, art. I,
sec. 14, adopted 3/6/23)
A deceased customer account shall be closed within 60 days.
(Ordinance 02192019-2, sec. 14,
adopted 3/7/22; Ordinance
03062023-02, art. I, sec. 15, adopted 3/6/23)
If the customer’s account is disconnected for more than
10 days the account will be closed.
(Ordinance 03062023-02, art. I,
sec. 16, adopted 3/6/23)
Every customer is required to install a cut-off valve on their
side of the meter outside of the meter box.
(Ordinance 02192019-2, sec. 16,
adopted 3/7/22; Ordinance
03062023-02, art. I, sec. 18, adopted 3/6/23)
(a)
It shall be presumed that a person who is receiving economic benefit
from the city’s water supply, known as Elkhart Water Works and
Sewer Systems, has knowingly tampered with the tangible property of
the owner (the city), by committing the following:
(1)
The person or persons has diverted the city-owned water supply from
passing through a metering device; and
(2)
The person or persons has prevented water usage from being correctly
registered by a metering device; and
(3)
The person or persons has activated by any device installed to obtain
public water owned by the city without a metering device.
(b)
It shall be unlawful for any person to intentionally or knowingly
avoid payment for any service or use of any property or facility of
the city, whether real or personal, that they know is provided or
used only in return for compensation.
(c)
It shall be unlawful for any person to intentionally or knowingly
secure performance of the service or use the property or facility
to which they are not entitled either by deception, threat, false
token, impersonation, or fraud. Such services, property, or facilities
shall include, but are not limited to, utilities, ballfields, parks,
and other recreational facilities, trash collection services, or any
other service or property owned, operated, or provided by the city.
(d)
It shall also be unlawful to have or exercise control over the disposition
of city services, property, or facilities of another to which they
are not entitled unless authorized by the city and that person. For
these purposes, intent to avoid paying is presumed if the actor absconded
without paying for the services or knowingly uses or is in possession
of such property or facility they are not authorized to use or receive.
(Ordinance 03062023-02, art. I,
sec. 20, adopted 3/6/23)
Any person, firm or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for all violations involving cost of services, public health, or sanitation, including dumping of refuse, and shall be fined in accordance with the general penalty provided in section 1.01.009 of this code for all other violations of this article relating to theft or tampering of city services and property. Each day that a violation exists shall constitute a separate offense.
(Ordinance 03062023-02, art. IV,
adopted 3/6/23; Ordinance adopting
2023 Code)
