13.05.150 Delinquent charges.
(1) When any charge for water supplied to, or for turning water on or off from, the premises connected with the city mains shall become delinquent, the water service may be terminated for nonpayment for such premises and shall not be turned on again until all of such charges and all fines and penalties imposed under the provisions of this chapter on account of such delinquency shall have been paid.
(2) When any charge or charges, or any portion thereof, or any installment of any charge or charges on account of any meter supplied, or on account of labor furnished or material supplied in the installation or repair of any meter or meters, or in the installation or repair of any service connection with the city mains, or for tapping the city mains, shall become delinquent and shall bear interest at the rate of 10 percent per annum from the date of delinquency until paid; and said delinquent charges and any interest that may accrue thereon shall, in addition to being a personal liability of the applicant, at all times be and remain a permanent charge and lien against such premises until the same are paid. Said lien may be enforced at any time after any of said charges shall become delinquent by cutting the water off from said premises and keeping the same cut off until such delinquent charges and interest, if any, have been paid, and such lien and the enforcement thereof shall be an additional remedy for the collection of such charges.
(3) Prior to termination of water service for nonpayment, the city shall mail to or personally serve upon the customer a notice of termination. The notice of termination shall contain the following:
(a) The amount past due and the amount of the current month’s billing including any delinquency penalty.
(b) The date of the notice of termination.
(c) The date of termination, which shall be no less than 10 calendar days from the date of the notice of termination.
(d) Notice that unless the city receives complete payment of the amount past due prior to the date of termination, water service shall be terminated.
(e) Notice that in lieu of paying the entire amount shown, a customer, prior to the date of termination, may notify the city that he or she disputes the correctness of all or part of the amount shown, if all or part of the amount shown was not the subject of a previous dispute.
(f) Notice that a service charge will be assessed for turning on any water service that has been turned off for failure to pay the charges due.
(g) An informational telephone number.
(h) Notice that an additional service charge will be assessed for all water turn-ons or turn-offs during any hour other than 8:00 a.m. through 12:00 p.m. and 1:00 p.m. through 4:00 p.m. Monday through Friday on nonholidays.
(4) The city shall terminate water service for nonpayment only during the hours of 8:00 a.m. to 3:00 p.m. Monday through Thursday. No terminations shall be permitted on a legal holiday or on the day before a legal holiday.
(5) In the event the city should proceed to terminate water service to any property which has failed to pay a past due amount after delivery of written notice, the employee of the city dispatched to disconnect the water service shall make a reasonable effort to inform the user that water service is being terminated. The city employee may not accept payment of the delinquent amount from the user, but the employee shall not terminate water service to the property until the user has been afforded an opportunity of not less than one hour in length to reach the City Hall and arrange to bring the account current.
(6) Residential Rental Units and Tenant Accounts. In the event the city should proceed to terminate water service to any known residential rental property which has failed to bring its utility account current after mailing of written notice, the city shall mail or personally serve the tenants with a notice to terminate at least seven days prior to termination of water service with the same opportunity to make payment at City Hall. The city may establish a charge for the cost of mailing rental notices. Water service will be delivered to a residential rental property at the request of the tenant if the tenant claims a landlord/tenant dispute exists and the owner has allowed the water service account to become delinquent. If such a situation exists, a tenant may open an account for water/sewer/garbage utility service on the same terms and conditions as any other residential account. The tenant shall not be required to pay the delinquent charges incurred by the property owner prior to the establishment of the tenant account. (Ord. 551 § 1, 2019; Ord. 456 § 1, 2012; Ord. 75 § 15, 1962)