For purposes of this article “utility services” shall include water, electric, sewer, solid waste (refuse) and other utility services provided by the city.

(Ord. 2050; Code 2013)

Unless otherwise provided, water, sewer, solid waste (refuse) or other utility service provided by the City shall be terminated for nonpayment of service fees or charges in accordance with the procedures set forth herein. Any payment made by a customer or owner shall be applied first to any delinquent or past due account of that customer or owner and any remaining credit shall applied to any new or current account. If at the time of application for utility service the applicant has an outstanding balance or unpaid fees or charges for utility services provided by the city, the application shall not be accepted until all fees or charges are paid in full.

(Ord. 2050; Code 2013; Ord. 2275)

Utility billings shall be mailed on approximately the 20th day of each month for the previous month serviced. All billings for utility services shall be due and payable at the office of the City Clerk and must be paid in full not later than the 10th day of the following month. Payment for utility service not received prior to the 10th day of the following month shall be delinquent. A delinquent charge of 10% of the total bill will be added to each delinquent utility bill.

(Ord. 2050; Code 2013)

(a)   An account delinquency and service discontinuance notice shall be issued in writing on approximately the 11th day of month with respect to any delinquent and unpaid utility service bill. Notice shall be sent by U.S. Mail, First Class, postage prepaid, to the customer at the last known address of such person or persons as shown on the records of the City. A copy shall also be similarly mailed to any occupant of the premises served if the occupant is not the customer and to the owner of the premises if different from the customer. Written notice may also be provided by personal service upon the customer or occupant by any City employee.

(b)   The notice of account delinquency and service discontinuance shall provide the following information:

(1)   Name of customer and address where service is being provided;

(2)   Account number;

(3)   Amount past due;

(4)   Notice that service shall be discontinued or terminated upon failure to pay the delinquent billing within seven (7) days of the date of the mailing of the notice or the day following the hearing, whichever last occurs.

(5)   Notice that the customer or owner of the leased premises has a right to appear and be heard at a hearing as described herein.

(c)   Any utility customer receiving a notice of account delinquency and service discontinuance shall have the right to a hearing prior to disconnection and termination. The customer or occupant must request a hearing not later than seven (7) days after the date of mailing of the notice or hearing shall be deemed irrevocably waived. The governing body shall appoint the City Clerk, the City Utility Superintendent or such other suitable person or persons to conduct such hearing.  At such hearing the customer and the city shall each have the right to present evidence as is pertinent to the issue; may be represented by legal counsel, and may examine and cross-examine witnesses. Formal rules of evidence shall not apply. The hearing officer(s) shall promptly make findings and enter orders accordingly. Unless otherwise ordered by the hearing officer(s), utility service shall be discontinued the day after the date that the order of discontinuance is issued. Extension of the date of discontinuance may be granted to enable the customer to make arrangements for reasonable installment payments or for other good cause shown. The hearing officer’s order shall be filed with the City Clerk, and a copy thereof shall be provided to the customer in the same manner as set forth herein.

(d)   Any party aggrieved by the decision of the hearing officer may appeal the same by filing a written notice of appeal with the City Clerk. The City Clerk shall have forms available for this purpose. Notwithstanding the order of discontinuance, service shall not be discontinued or terminated if the notice of appeal has been received prior to discontinuance. Any such appeal shall be set for hearing before the governing body at its next regularly scheduled meeting or special meeting. The determination of the governing body shall be final. The determination of the governing body shall be recorded in the minutes of its official proceedings, and notice thereof shall be provided to the customer in the same manner described herein.

(e)   If the delinquent billing, interest and penalty is not paid or unless otherwise ordered by the hearing officer or governing body after hearing, the affected utility service shall be disconnected or terminated and no further service shall be furnished to the delinquent account holder until all billings for utility service, interest, late payment charges and reconnection or reinstatement charges, if applicable, are paid in full.

(Ord. 2050; Code 2013; Ord. 2312)

(a)   Each new customer making application for utility service shall make a cash deposit to the city to serve as a guaranty for the payment of service thereafter furnished to the customer’s premises.

(b)   The deposit(s) required by subsection (a) shall not exceed an amount equal to the expected average bill for a three month period for such utility service(s). At its discretion, the city may require a single utility deposit to be paid by the property owner or customer. If a single deposit is requested, the total amount of the deposit shall not exceed an amount equal to the expected average bills for a three month period for all such utility services provided by the city.

(Ord. 2104; Code 2013)

(a)   Owners of premises served by utility service under this article shall be liable for payment of the cost of any utility service account delinquency arising from service provided to such premises, regardless of whether the utility service was furnished upon the application and request of the owner or the lessee of the premises. This provision shall also apply when the premises are leased by or through an agent or other representative of the owner.

(b)   In the event a delinquency arises involving leased premises, in addition to the tenant, the owner or owner’s agent shall be notified in writing of the delinquency of the lessee by first class regular mail within 10 days after the billing to the lessee becomes delinquent. Notice shall be sufficient if mailed to the last known address of the owner or owner’s agent known to city personnel responsible for said mailing, after reasonable inquiry.

(c)   If utility service is furnished to leased premises on the application and request of the lessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of service furnished.

(d)   The city may collect the amount of the unpaid bill for utility services by any lawful means. No utility lien shall attach to the property for unpaid utility fees or charges, when the utility service has been contracted for by a lessee and not by the lessor or owner of the property to which such service is provided.

(e)   Nothing provided herein shall prohibit the city from bringing an action in the district court against the lessor or owner of the property to which utility service is or has been provided to obtain a monetary judgment against the lessor or owner of the leased property and judgment lien on such property.

(Ord. 2104; Code 2013)

(a)   A petty cash fund in the amount of $100 is established for the use of the city utilities department, for the purpose of paying postage, freight, temporary labor, and other emergency expenses, including refund of deposits made to secure payment of accounts.

(b)   Whenever the petty cash fund becomes low or depleted, the City Clerk shall prepare vouchers covering the expenses as have been paid from the petty cash fund and submit such vouchers together with the paid checks to the governing body for review and allowance of the amounts from the regular funds of the utilities. Warrants issued therefore shall be payable to the petty cash fund and shall be deposited therein to restore said petty cash fund to its original amount.

(Ord. 2104; Code 2013)