City of Lebanon, NH Article V Service Billing; Discontinuance of Service; Collection and Abatement; Penalties

§ 182-28 Water service billing.

A. The city shall bill the consumer for water service periodically as determined by the Finance Director.

B. The reading for any meter that is not accessible at the regular meter reading time shall be estimated on the basis of the previous year's reading for the same time period, and such estimate shall be used as the basis for billing.

C. The Finance Director shall determine the billing dates. A consumer may request the reading and billing for a meter out of cycle and the consumer will pay the out-of-cycle meter reading fee in accordance with the Code of the City of Lebanon, Chapter 68, Fees.

D. It shall be the responsibility of the consumer to notify the city in writing of any change in ownership of the property.

E. The City Manager shall have the authority to abate any bill which is due the City of Lebanon for water services as provided in § 182-33, Abatement, of this chapter.

F. In the event that a water meter has been misread to record, or otherwise records, the consumption of an amount of water which is different than the actual amount of water consumed, the city shall recover the monies due for the actual amount of water consumed. The administrative staff of the city shall correct any errors made by the city immediately upon detection, and adjustment shall be made accordingly only upon the authority of the City Manager. The city shall keep a record of any adjustment for the correction of errors. In the event of overcharging, a refund shall be paid to the consumer who paid the bill. In the event of underbilling, an additional bill will be sent to the consumer. If the current consumer was not the consumer during the entire period of underbilling, the City Manager shall cause such adjustment as necessary for fairness and equity.

G. A consumer is permitted to have a supplemental meter(s) installed for the purpose of computing a reduction in flow to the sewers and for any other purposes. The consumer shall pay for the meter and installation of the meter, and a supplemental meter reading/billing charge, in accordance with the fees outlined in the Code of the City of Lebanon, Chapter 68, Fees. Except as noted in this section, the rules on the installation of meters contained in Article II of this chapter shall apply to supplemental meters.

H. A consumer may request an out-of-cycle meter reading before and after filling a pool for the purpose of reducing the sewer usage fee. To be eligible for a reduction in the sewer usage fee, the consumer must certify that the pool has not been emptied into the city sewer or storm drainage system. The consumer will be charged for one out-of-cycle meter reading fee in accordance with the Code of the City of Lebanon, Chapter 68, Fees.

§ 182-29 Discontinuance of service.

A. Water service may be discontinued by the city for the nonpayment of water bills, nonpayment of sewer bills, violations of this chapter or Chapter 136, Sewer service, or the fraudulent use of water and/or sewer services.

B. Service, once discontinued, shall not be restored until:

(1) All payments due to the city for water or sewer services have been paid; or

(2) Arrangements satisfactory to the city for payment of all amounts due for water or sewer services have been made; or

(3) Any violation of this chapter or Chapter 136, Sewer service, has been corrected or remedied to the city's satisfaction.

C. A written notice of intention to discontinue water service shall be sent by mail to the consumer at least 72 hours prior to discontinuing water service. The procedure for notifying residential tenants shall comply with the requirements of RSA 38:31.

D. Whenever it is necessary for the city to restore or discontinue service for any reason, except to work on the lines of the city, a charge per service for each trip required will be made. The charge will be as established by Code of the City of Lebanon, Chapter 68. If a consumer's premises are to be vacated for a prolonged period, the water service may be discontinued upon request in writing to the city. The city shall discontinue the service at the shut-off valve. The city shall charge a fee for discontinuing and restoring service and removing and/or reinstalling the meter upon request by the consumer for each trip required. The fee shall be as established by Code of the City of Lebanon, Chapter 68.

§ 182-30 Default.

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.

§ 182-31 Collection.

[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.

§ 182-32 Liens.

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.

§ 182-33 Abatement.

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%.

§ 182-34 Penalties for offenses.

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.