For the purposes of this article, “utility services” shall include water and sewer services provided by the city.

(Ord. 199)

Owners of premises served by utility services under this article shall be required to carry such services in their name, whether owned individually or by another legal entity. Owners of the served premises shall be liable for payment of the cost of any utility service account arising from service provided to the premises. This provision shall also apply when the owner leases the premises to a third party or when leased by or through an agent or other representative of the owner. In the case of properties other than residential, the city may permit the owner’s legal representative to contract for utility services, but the owner will continue to be ultimately liable for payment for utility services furnished by the city to the premises.

(Ord. 199)

(a)   If a utility bill has not been paid on or before the due date, a delinquency and termination notice shall be issued by the city clerk within five days after the delinquency occurs and mailed to the owner at the address provided to the city for mailing utility bills. A copy also shall be mailed to the tenant as provided below.

(b)   The notice shall state:

(1)   The amount due, plus delinquency charge;

(2)   Notice that service will be terminated if the amount due is not paid within 10 days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday, or legal holiday, in which event such notice will give the owner until the close of the next business day in which to pay the charges;

(3)   Notice that the owner has the right to a hearing before the designated city council;

(4)   Notice that the request for a hearing must be in writing and filed with the city clerk no later than three days prior to the date for termination of service.

(c)   Upon receipt of a request for hearing, the city clerk shall advise the owner of the date, time, and place of the hearing, which shall be held within three working days following receipt of the request.

(Ord. 199)

Following the hearing, if the city council shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the council finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The owner and tenant if applicable shall be notified either in person or by mailing a letter to his or her billing address and/or the premises, return receipt requested. However, if the order is made at the hearing in the presence of the owner, and if applicable, the tenant, then no further notice need by given. The council has a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.

(Ord. 199)

(a)   A water service connection fee of $40.00 shall be paid by each customer at the time the customer makes application for water service. If a customer with existing service requests the water service be transferred from one property location to another property location within the City’s water service area, the customer shall pay a transfer of service fee of $15.00 at the time of making the request.

(b)   If water service is disconnected for any reason other than due to the fault of the City or for a transfer of service to a different property location, the re­ connection of water service shall be treated as a new water service connection, and the City Clerk shall collect the $40.00 connection fee required in paragraph (a), above.

(c)   Notwithstanding CGK 15-105 to the contrary, the City shall not hereafter collect a security deposit for utility services, but the City shall retain, maintain, pay out, or use the security deposits now in the hands of the City Clerk according to and for the purposes established in said Sections.

(Ord. 202)

(a)   In the event a delinquency arises involving a leased premises, the tenant shall be notified in writing of the delinquency of the landlord by first class regular mail within 10 days after the billing to the landlord becomes delinquent.

(b)   If the tenant chooses to pay the delinquent account, service will not be terminated.

(c)   The tenant will be allowed to continue paying for utility services for a period of 90 days to allow resolution of the nonpayment by the landlord or to allow the tenant to obtain other housing, at which time service to the leased premises will be terminated.

(Ord. 199)

(a)   If service has been terminated to the leased premises for failure by the landlord to pay the delinquent utility bill or after 90 days of payment by the tenant, no further utility services shall be furnished by the city to the premises until all billings for the utility service to said premises, interest, late payment charges, and a reconnection charge is paid in full.

(b)   If the bill remains unpaid, the delinquent utility account charges shall constitute a lien upon the real estate served, and shall be certified by the city clerk to the county clerk, to be placed on the tax roll for collection, subject to the same penalties, and collected in the like manner as other taxes collectible by law.

(Ord. 199)