§ 2-240. Utility billing, delinquent accounts, liens and adjustments.
(a)
Except as otherwise provided in this Code, bills for city services shall be rendered monthly and shall be due within 20 days of the bill date. A $10.00 penalty shall be assessed on all bills paid later than 10 days after the due date.
(b)
If the fees, rates or charges for city services billed to the owner of property served by such city services are not paid as and when due and remain unpaid for 20 days or more after the due date, any unpaid balance thereof, together with interest at the rate of one percent per month on the entire past due balance, from the due date, shall be a lien on any lands or premises affected or served thereby. Such liens shall be superior and paramount to the interest in such lands or premises of any owner, lessee, tenant, mortgagee or other person, except the lien of state, county and municipal taxes, and shall be on a parity with the lien of such state, county and municipal taxes. If any such fee, rate or charge is not paid as and when due and is in default for 25 days or more, the unpaid balance thereof and all interest accrued thereon, together with a collection fee, as established by resolution, may be referred to a collection agency. If any such fee, rate or charge is not paid as and when due and is in default for 20 days or more, the unpaid balance thereof and all interest accrued thereon, together with attorneys' fees and costs, may be recovered and such liens may be foreclosed by the city in the manner provided by the laws of the state for foreclosure of mortgages on real property.
(c)
The lien against property owners billed annually on the non-ad valorem assessment bill shall be enforced for failure to pay, through the same manner as a levy and ad valorem tax sale. In the event of such action, the city or its agents shall be entitled to recover all court costs and reasonable attorney fees for such collection.
(d)
In the case that a tenant in possession of any premises or buildings shall pay such charges, it shall relieve the land owner from such obligation and lien; but the city shall not be required to look to any person whatsoever other than the owner for the payment of such charges. No changes of ownership or occupation shall affect the application of this article, and the failure of any owner to learn that he or she acquired property against which a lien for utility fees exists shall in no way affect his or her responsibility for such payment.
(e)
In addition to any other remedies or penalties provided by this or any other ordinance of the city, failure of any user of city utilities within the city to pay such charges promptly when due shall subject such user to discontinuance of utility services where the charges have accrued, without notice to the occupants of such premises, and the service shall not be reconnected until the amount owed is paid in full to the city by cash, money order, cashier's check or credit card.
(f)
Utility billing adjustment credits. Adjustment credits may be issued by the city pursuant to this subsection. Such credits shall be reviewed and approved by the finance director or his or her designee.
(1)
Swimming pool fill. A reduction to a customer's sewer charges shall be authorized up to twice in any twelve-month period for swimming pool fills under the following circumstances:
a.
The actual consumption for the fill is documented by meter readings conducted by city staff before and after the fill takes place. The city shall assess a service charge established by the rate resolution if field work is required to conduct the pre- and post-meter readings; or
b.
The swimming pool fill is documented with the presentation of a certification from a pool installer or repairman on the company's letterhead detailing the date of installation or repair and an estimate of the amount of water added to the pool. The certification shall be reviewed against the actual metered consumption so that the customer's adjusted sewer billing is not less than the average monthly billing over the previous 12 months.
(2)
Leaks. A customer shall be eligible for a credit as the result of a leak up to twice in any 12 month period under the following circumstances:
a.
If the leak occurs either between the meter or the backflow device and the customer's house or inside the house, the customer shall be eligible for a credit against the sewer charges upon presentation of sufficient verification of the leak. Water leakage must not have entered the sewer system in order to be eligible for the credit. Credit cannot reduce sewer charges lower than the average monthly billing for sewer usage during the previous 12 months, and said credit shall apply to up to two billing cycles within any twelve-month period. Acceptable verification shall consist of a bill or letter from a plumber on the company's letterhead describing the type and location of the leak, receipts for repair materials or photos. If the leak is originally identified by a city employee, the employee's statement may be substituted for the plumber's verification. If the leak is discovered and repaired by the property owner, then the owner shall submit documentation evidencing the leak detection and repair in a format acceptable to the city in order to be eligible for an adjustment.
b.
If the leak occurs at the meter or between the meter and a backflow device, the customer will be eligible for a credit against both the water and sewer charges upon presentation of sufficient verification as described above.
(3)
Extraordinary consumption. If a customer's monthly consumption exceeds the average reading from the previous 12 months by 300 percent or more and the following month returns to the average consumption of the previous 12 months, the customer shall be eligible for a credit against the sewer charges as provided for leaks in subsection (f) above. Such credit shall be granted following a second month's billing after the extraordinary consumption to verify that the reading is a one-time event. If the one-time extraordinary consumption event spans two billing cycles, the adjustment shall be applied proportionally to each of the two billing cycles.
(4)
Administrative adjustment. The city manager or his or her designee is authorized to credit a customer's monthly utility account up to $50.00 in any twelve-month period under the following circumstances:
a.
The adjustment is warranted due to a billing error made by the city.
b.
The customer inadvertently transposes one or more numbers while making a payment.
c.
The customer inadvertently pays the previous month's statement balance resulting in a late payment penalty.
(Ord. No. 2013-11, § 9, 8-6-2013; Ord. No. 2015-5 , § 2, 3-3-2015; Ord. No. 2017-21 , § 1, 6-18-2017; Ord. No. 2018-22 , § 1, 8-7-2018; Ord. No. 2017-26 , § 1, 8-15-2017)