§ 38-66. Payment of fees and service charges

(a) All bills shall be considered rendered when sent to the customer and failure of the customer to receive any such bill shall in no way relieve the customer of the duty to pay for the service.

(b) Payment requirements.

(1) All payments for utility service are due by close of business on the tenth of each month after the month for which such service was furnished.

(2) If payment is not made on, or before, the close of business on the tenth day of the month for the previous month's service, the city shall:

a. Assess a late fee in the amount specified in article IV of this chapter.

b. Promptly issue a second written notice to the nonpaying customer restating the amount owed by the customer, including the late fee. The customer shall be allowed an additional ten calendar days, beyond the tenth day of the month. If payment is not received by the city by close-of-business of the 20th day of the month, the city shall:

1. Terminate service to the customer;

2. Apply the customer's utility deposit, if any, to the amount owed on the account; and

3. Either refund to the customer the remaining utility deposit, if any, or send a revised bill showing the amount outstanding after the application of the utility deposit.

(3) If a customer presents payment to the city after the close-of-business on or after 20th day of the month for the previous month's service but before the city disconnects service, the customer shall pay the city the amount owed on the account, which shall include the late fee, a delinquent fee in the amount specified in article IV of this chapter, and an additional utility deposit as specified in article IV of this chapter. Failure to pay the additional fees shall result in the termination of service. In the event of termination of service under this subsection, service shall not be reinstated until the customer has paid all fees as provided in subsection (b)(4) of this section.

(4) In the event water service is disconnected for failure to pay, water service shall not be reinstated until all of the utility usage charges, the late fee, the delinquent fee, and a utility deposit in an amount set out in article IV of this chapter are paid in full to the city.

(c) In cases where a customer discovers a leak on the customer's side of meter, the customer may submit a request to the city manager for relief from the water usage charges. The city manager may grant the requested relief if the following conditions are met:

(1) The customer's water usage charge for the month or months for which the relief is sought is more than 50 percent higher than the same month or months in the preceding calendar year. If the customer does not have water usage data for the same month or months in the preceding calendar year, no relief may be granted;

(2) The customer demonstrates that the increased water usage was due to a leak and such leak is confirmed by the city;

(3) The customer demonstrates that he took immediate action to locate and correct the leak;

(4) The customer presents evidence that the leak has been repaired; and

(5) The customer has paid his minimum monthly charge, he had paid the lesser of $1,000.00 or one-half of the water usage charges for which relief is being sought, and the customer is current on all other fees and charges.

(d) If the city manager determines that relief should be granted, the customer shall be charged at a rate set forth in article IV of this chapter for the water usage that is in excess of the water usage for the same months in the preceding calendar year. The water usage charge paid in advance of the city manager's decision shall be credited towards the reduced water usage charge and future water bills. Water usage during the period for which relief is requested that is not in excess of the preceding year's water usage for the same month or months shall be charged the current tiered water usage rate. Service to customer will not be disconnected while a request is pending before the city manager.

(e) If the city manager determines that relief should not be granted, the customer may appeal the decision to the city council. To appeal, the customer must submit an appeal request to the city manager, who will place the matter before the city council at next possible city council meeting. The city council shall determine if relief should be granted based on the factors outlined in subsection (c) of this section.

(Ord. No. 592, art. IV, § 9, 10-23-2012)