[Amended 10-9-1986; 11-10-1988; 1-1-1991; 12-17-1992; 5-8-1997; 10-14-1999; 3-13-2001; 8-13-2001; 1-13-2003; 10-8-2007; 3-10-2008; 7-1-2008; 7-13-2009; 1-11-2010; 1-20-2010; 7-12-2010; 12-13-2010; 3-11-2011; 2-13-2012; 5-13-2013; 12-9-2013; 6-27-2018; 10-9-2018; 1-10-2022]
A.
B.
The Town of Middletown requires a water deposit of $200 for residential service and for property served outside the Town limits a deposit of $220 and $200 for commercial service. A water deposit must be made before service is provided. Deposit will be held in escrow until service is discontinued; at such time the deposit will be applied to the final bill. In the event a deposit balance remains after application to final bill, customer will receive a refund. Any remaining balance of final bill will be the responsibility of the customer or owner.
(1)
Application for water/sewer services required; terms and conditions. For each application for water, sewer, or both, when accepted by the Town, the property owner and tenant, if applicable, shall make an application at the Town office on forms provided by the Town Clerk, and pay the appropriate deposit, if applicable. Submission of the application for services constitutes a contractual obligation of the property owner and tenant, if applicable, to pay for the services as supplied. The application shall also reflect that the applicant shall abide by and comply with the Town's established water and sewer policies.
(2)
Water and sewer policies. The Town Council may promulgate operational policies for the Town's water and sewer services in accordance with the general terms as set forth in this chapter. These policies are incorporated into all service agreements for water and or sewer services provided by the Town. The Clerk shall maintain a copy of these policies for review upon request.
(3)
Liability of owner for charges. The owner of premises at which water or sewer services are supplied by the Town shall ultimately be liable for the payment of these charges. Upon written request by the owner and any tenant, the Town will first bill a tenant for the charges; this will not relieve the owner of liability for payment of the charges. As provided by Code of Virginia, § 15.2-2119E, a lien may be placed upon the property in the amount of up to three months of delinquent water and sewer charges, any applicable penalties and interest, reasonable attorney fees and other costs of collection not to exceed 20% of the delinquent charges.
(4)
Deposits.
(a)
Anyone desiring water or sewer services from the Town shall pay a deposit. The being in arrears, the tenant, or owner of the property, must pay all arrears, penalties, and a $50 fee for the restoration of utility services.
(b)
The Town shall not pay interest on any utility fund deposit.
(c)
Upon termination of services and after deducting any charges due to settle the customer's account with the Town, the balance shall be refunded within 14 calendar days. Refunds shall be made only to the individuals in whose name the water and sewer deposits were established.
(d)
The Treasurer shall use reasonable efforts to locate customers who have unclaimed deposits in the utility fund. At the January Council meeting of each year she shall provide a list of names and amounts to the Council, who may compel the Treasurer to remove the funds from the utility deposit account and credit the Town's utility capital improvement funds with the unclaimed deposits.
(e)
The Treasurer may use any collection method available to her on any utility account not paid within 60 days of rendering. This includes collection through the Virginia court system. Any filing fees, service fees, attorneys fees and costs incurred in the collection shall be assessed as an additional obligation of the person to whom the bill is rendered and shall be included in any judgment against the person.
C.
All water sold in bulk shall come from the hydrant on East Second Street and be metered at the rate of $9 per thousand gallons or any part thereof.
D.
The minimum water rate shall begin upon date of installation of water meter and shall be billed the same as provided in Subsection C of this section. Upon failure to pay the minimum charge beginning after the date of meter installation and usual billing notice, the meter shall be removed and an installation fee of $15 will be made before another meter is installed. This provision shall also apply to rental property vacant in excess of six months.
E.
(Reserved)
F.
(Reserved)
G.
A line item shall be included on the water billing to allow for a fee per customer as assessed annually by the Virginia Health Department for Waterworks Operational Technical Assistance Fund.
H.
(Reserved)