The failure to pay a bill for water and/or sewer
service and/or fees within 30 days from the date of the bill shall
constitute a default and water service may be terminated as provided
herein.
[Amended 4-7-2021 by Ord. No. 2021-03]
Collection of the fees made herein are committed
to the Finance Director, who shall act under a warrant, requiring
said Finance Director to collect these assessments. The Finance Director
shall have the same rights and remedies, including a lien on the real
estate in relation thereto, as in the collection of taxes. Collection
of the fees and assessments that are past due shall be committed to
the Tax Collector. In the event of bankruptcy, the City may require
a security deposit equal to the highest quarterly bill for water service
prior to the date of bankruptcy filing for future water service, as
provided by federal law. 11 USC § 366.
All bills for water services and/or fees pursuant
to this chapter shall create a lien upon the real estate where such
services are furnished, which shall continue for 18 months from the
date of the last unpaid bill. However, when services were rendered
to a consumer other than the owner of the real estate, the lien shall
be effective against the owner of the real estate only for charges
of which the owner was notified by the city within 120 days from the
date the charges became delinquent. The city may meet this notice
requirement by mailing copies of the bills for water service to the
owner of the real estate at the same time the bills are furnished
to the consumer who received the services.(RSA 38:22). All bills for
water service shall be subject to interest of 12% and other charges
in the same fashion as interest and other charges are made applicable
to delinquent taxes.
For good cause shown, the City Manager may abate
any bill and/or fees charged herein. The Manager, or his or her designated
agent, will review in private session with the person requesting abatement
that person's need for abatement. The Manager may abate any bill and/or
fees by a decision in writing because of financial hardship and inability
to pay or may set up an installment payment schedule. In the event
of a default in the installment payment schedule, water service may
be terminated upon the terms and conditions as provided in this chapter.
In the event that the consumer pays fees in excess of the fees required
by the Code of the City of Lebanon, and abatement is made, the city
shall refund such excess fees together with interest of 6%.
Any person who violates this chapter, other
than nonpayment of bills for service and/or fees, may be subject to
civil penalty not to exceed $10,000 per day of such violation as provided
by RSA 38:26, II.