13.10.060 Billing, payment, and collection.
(a) Establishment of Credit.
(1) Delinquency. The City need not provide service to an applicant that is delinquent in payment for sewer service at the same or different address until the applicant has arranged to pay the delinquent balance in a manner satisfactory to the City.
(2) Deposit. The City may require a deposit as a condition of establishing service in an amount of up to two months’ anticipated charges. In the event the applicant has a history of late payments for utility services, the City may require a reasonable additional deposit. Providing a deposit does not exempt a customer from any interest or fees for late payment.
(3) Waiver of Deposit. The City may waive the requirement for a deposit where:
(i) The applicant meets minimum credit criteria determined by the City; or
(ii) The applicant has for one year continuously received water or other utility service from the City without a late payment.
(4) Deposit as Security. A deposit shall be security for the payment of unpaid sewer services upon termination of service and shall not impair any right of the City to terminate service as provided by these rules and regulations.
(5) Inapplicability. This section is not applicable to customers receiving service pursuant to a contract which may specify different deposits.
(b) Interest on Deposits. The City shall pay interest on all deposits over $100.00 at the rate of interest accrued. The City shall pay the interest rate of interest bearing account or the average rate of the term of the deposit. Interest that has accrued on a deposit shall be paid when the deposit is refunded to a customer.
(c) Refund of Deposit.
(1) Timing for Refund. The City will refund a deposit to a customer within 25 days after the customer:
(i) Terminates the account for which the deposit was given; provided, that any outstanding balance on the account shall be deducted from the refund; or
(ii) For one continuous year has had no more than one delinquent payment on the account for which the deposit was given and such delinquent payment did not occur in the preceding six months.
(2) Abandonment of Deposit. A deposit with accrued interest, if any, less lawful deductions, that remains unclaimed by a customer for more than one year after the termination of the services for which that deposit was made is presumed abandoned, and the City shall dispose of such deposit in accordance with applicable provisions of law.
(3) Damage to Facilities. Notwithstanding the provisions of subsections (c)(1) and (c)(2) of this section, the City shall not be obligated to refund a deposit if the customer has damaged utility-owned facilities.
(d) Responsibility for Payment. The sewer service applicant and all cosigners along with all persons receiving the service are obligated to pay for the City’s sewer service. Charges for the City’s service accrue for so long as a structure is connected to the City’s sewer service facilities. Neither the vacancy nor disuse of a structure connected to the City’s facilities (or the vacancy or disuse of one or more units within a structure), nor failure to receive a bill for City sewer service, shall relieve any person of the obligation to pay for the City’s sewer service. A customer who has not received a bill for a period of 45 days shall contact the City for information concerning outstanding sewer service charges.
(e) Change of Occupancy. A customer who is listed on the City’s records as the person or entity responsible for sewer usage at a specific location shall give notice in writing of an intended change in occupancy, specifying the date on which service is to be discontinued. Notice shall be provided at least five days prior to the change of occupancy. If the customer fails to provide the required notice, the customer will be charged for water service furnished to the premises until the City is provided with adequate notice of change of occupancy.
(f) Billing of Unauthorized Service. A person who appropriates or accepts sewer service from the City without applying for service and otherwise complying with these rules and regulations shall be billed at the residential or commercial rate that would otherwise be applicable from the date of the turn-on or, if that date cannot be established, from the date of construction of the sewer connection. In addition, the customer must pay all of the City’s costs, including administrative costs and attorney fees, caused by the unauthorized connection.
(g) Billing Cycle. Consumption charges for sewer service will be billed monthly. Bills will be mailed to the address specified by the customer or to the location receiving the sewer service.
(h) Bill Due. Bills for sewer service are due when received and are payable (without discount) by return mail or at any authorized collector. Subject to the provisions for discontinuance of service under CCO 13.10.070, the City may disconnect the service after 30 days for nonpayment of bills, apply any deposits against the delinquent bill and take other lawful measures to collect money due on the delinquent account.
(i) Disputed Items on Bill.
(1) Written Complaint Required. A customer who is unable to obtain an informal adjustment of the billing that he believes is incorrect may file a written complaint with the City as provided in CCO 13.10.110. Where a customer’s bill is clearly erroneous billing based on the billing and payment history, the customer may appeal directly to the City Manager, who may immediately cancel or revise the billing.
(j) Billing Adjustments.
(1) Disputed Bills. Late fees shall be applied to unpaid disputed bills if such bill is subsequently determined to be accurate by the City. The City reserves the right to waive late fees if, in its sole discretion, such waiver is justified under the circumstances.
(k) Unified Billing. Billings for sewer service provided by the City may be submitted to the customer on the statement that includes separately identified billings for other utility services provided by the City. The City will not consolidate billings for different locations or accounts on a single billing statement. Failure to pay any portion of the unified billing will constitute a delinquency of utility services, unless the customer remits payments adequate to cover the sewer service billing and direct application of payment to such services.
(l) Collection of Delinquent Accounts.
(1) Collection Practices. The collection practices of the City shall be conducted in accordance with the applicable administrative orders, resolutions or the Code of Ordinances adopted by the City Council.
(2) Late Fee and Attorney Costs. A delinquent payment for City sewer service is subject to a late payment fee of five percent of the outstanding balance as provided in CCO 13.10.120. If a delinquent account is referred to an agency or attorney for collection, the amount due shall include all collection and/or attorney costs incurred.
(m) Collection and Agreement Program. The City may adopt a collection and agreement program which will allow delinquent customers to continue to receive service upon the execution of a payment plan satisfactory to the City. The payment plan may require the customer to pledge or assign to the City future sources of income or other property. [Res. 94-10, 1994. Code 1979 SU § 6.0.]