23.06.010 Definitions.
23.06.020 Generally.
23.06.030 Reinspection for correction.
23.06.040 Advance payment.
23.06.050 Districts.
23.06.060 Due dates.
23.06.070 Deposits in advance.
23.06.071 Interest to be paid.
23.06.072 Refund on termination.
23.06.073 Establishment of credit.
23.06.074 Records.
23.06.075 Receipt of payment.
23.06.076 Deposit for continued service.
23.06.080 Rebate--Vacating premises.
23.06.090 Rebate--When not allowed.
23.06.100 Rebate--Premises destroyed by fire.
23.06.110 Flat rate assessment--Second bill.
23.06.120 Repair charges.
23.06.130 Shut off for delinquency.
23.06.140 Main pipe cut off.
23.06.150 Delinquent consumer at new location.
23.06.160 Turning on shut off water.
23.06.170 Liens.

23.06.010 Definitions.

For the purpose of this chapter the following words are defined as follows:

A. "Apartments, tenements and flats" mean houses subdivided into suites or rooms and rented separately to families or individuals;

B. "Rooming houses" means houses or premises licensed or advertised as such, where persons are furnished with lodging for a compensation, paid or to be paid therefor, and having two or more bedrooms for the use of guests;

C. "Boardinghouses" means houses or premises licensed or advertised as such, where meals or food are furnished for a compensation paid or to be paid therefor.
(1948 C. Ch. 55 § 1: 1960 C. § 548.010.)

23.06.020 Generally.

Bills for the use of water from the City Waterworks shall be made out by the Water Commissioner from the records of the latest inspections of premises. The amounts charged shall conform to the rates established by this chapter.
(Ord. 63346 § 2 (part), 1994: prior: Ord. 48646 § 1 (part), 1958: 1948 C. Ch. 55 § 6 (part): 1960 C. § 548.020.)

23.06.030 Reinspection for correction.

A. Premises will be reinspected for the correction of bills on request of the occupant, owner or agent; provided, that the bill is returned and the request is made not later than five days after the date the bill becomes due. Failure to receive bill shall not entitle the consumer to any extension of time for reinspection.

B. After bills are paid, the Water Commissioner may, at his discretion, make reinspection for correction of assessments on account of change in premises. When the reinspection shows that an overcharge has been made on the original bill, the Water Commissioner shall send a revised bill to the customer showing the correct amount. The Water Commissioner shall give a credit on future water bills for the period of time that the present customer has had the water service in their name. The Water Commissioner may not correct any bill that is more than one year old.
(Ord. 63346 § 2 (part), 1994: prior: Ord. 48646 § 1 (part), 1958: 1948 C. Ch. 55 § 6 (part): 1960 C. § 548.030.)

23.06.040 Advance payment.

Bills for the use of water from the City Waterworks shall be made out by the Water Commissioner. The amount assessed shall in all cases be paid in advance and shall be calculated from the date on which the use of water begins to the end of the period fixed for billing purposes in the particular subdistrict; provided that in no case shall the charge be for less than one dollar regardless of the calculated amount.

Bills for the use of water shall in general be made up for the period of three months, except that bills for shorter periods may be rendered in those cases where the Water Commissioner deems it essential for the protection of the interest of the City, or where the amounts of advanced payments required for three months become so large that more frequent collections are advisable, or where the use of water for a specific purpose is restricted to a definite period of time less than three months.
(Ord. 55357 § 1 (part), 1969: prior Ord. 48646 § 2, 1958: 1948 C. Ch. 55 § 7: 1960 C. § 548.040.)

23.06.050 Districts.

It shall be the duty of the Water Commissioner to divide the City into as many districts and subdistricts as he may deem necessary. The boundaries of the districts and subdistricts may be changed at the discretion of the Water Commissioner.
(1948 C. Ch. 55 § 8: 1960 C. 548.050.)

23.06.060 Due dates.

All bills for the use of water on premises within any subdistrict shall be made payable on any week day of the calendar month designated by the Water Commissioner, except where applications are made for the use of water on premises newly built or reconstructed, or where applications for the use of water are made because of a change in owners, tenants or occupants, or because of the occupancy of premises previously vacant, or for any use of water necessitating an application for such use on any other date than the one fixed for payment of bills in that subdistrict.

All short term bills shall be issued so as to terminate on the same date as the full term bills.
(1948 C. Ch. 55 § 9: 1960 C. § 548.060.)

23.06.070 Deposits in advance.

All customers supplied with water at meter rates shall be required to deposit in advance with the Water Commissioner an amount sufficient to pay, at the rates hereinafter established, the cost of the quantity of water estimated to be used in each case during the period not to exceed three months. Should the Water Commissioner find at any time that the quantity of water so estimated to be used is likely to be exceeded by a consumer, he shall issue a second bill against the consumer requiring an additional deposit, the amount of which shall be calculated on the basis of the quantity actually used since the previous deposit was made. In no event shall the total required deposit be in excess of twenty-five thousand dollars ($25,000.00). If the consumer fails to make the deposit called for by the second bill within five days after the date of the second bill, the Water Commissioner may shut the water off to the premises without further notice, and it shall not be turned on again until the required deposit is made.
(Ord. 58045 § 3 (part), 1980: prior Ord. 55357 § 1 (part), 1969: 1948 C. Ch. 55 § 10: 1960 C. § 548.070 (1).)

23.06.071 Interest to be paid.

Interest equal to that authorized for the maximum bank passbook interest rate established by the law in effect on January 1 of each year, compounded annually shall be payable on all deposits. Accrual of interest will start with the effective date of the ordinance for customers with current deposit on account. Deposits must be held at least one year from deposit date to accrue interest and interest will only be paid on deposits held for full year periods. Interest shall be either credited to the service account of the customer on an annual basis or paid upon the return of the deposit after the date a reasonable effort has been made to return such deposit to the customers. The Water Commissioner shall keep in its records evidence of its efforts to return such deposits.
(Ord. 58045 § 3 (part), 1980: prior Ord. 55357 § 1 (part), 1969: 1948 C. Ch. 55 § 10: 1960 C. § 548.070 (2).)

23.06.072 Refund on termination.

Upon termination of service, the deposit, with accrued interest, if any, shall be credited to the final bill and the Water Commissioner shall certify to the Comptroller the balance, if any, remaining in the account. The Comptroller shall notify the City Treasurer to refund this amount promptly to the customer.
(Ord. 58045 § 3 (part), 1980: prior Ord. 55357 § 1 (part), 1969: 1948 C. Ch. 55 § 10: 1960 C. § 548.070 (3).)

23.06.073 Establishment of credit.

The credit of a customer shall be established and the deposit shall be refunded promptly by the Water Commissioner upon satisfactory payment by the customer of all proper charges for service for a period not to exceed eight successive billing periods beginning with the customer's first full billing period after the effective date of the ordinance codified in this section. Interest shall be paid in accordance with Section 23.06.071. For purposes of Sections 23.06.070 through 23.06.076 payment is satisfactory if payment is received by the Collector of Revenue prior to the date upon which the bill becomes delinquent. The Water Division will withhold refund of the deposit funds for nonpayment by the customer or unauthorized interference by the customer. The Water Commissioner shall certify to the Comptroller that a customer has established credit under Sections 23.06.070 through 23.06.076 and the Comptroller shall notify the City Treasurer to refund this amount.
(Ord. 58045 § 3 (part), 1980: prior Ord. 55357 § 1 (part), 1969: 1948 C. Ch. 55 § 10: 1960 C. § 548.070 (4).)

23.06.074 Records.

The Water Division shall maintain a record of all deposits received from customers, showing the name and address of each customer, the location of the premises for which the deposit was received, the date and amount of deposit, and the date and amount of interest paid or credited to the account.
(Ord. 58045 § 3 (part), 1980: prior Ord. 55357 § 1 (part), 1969: 1948 C. Ch. 55 § 10: 1960 C. § 548.070 (5).)

23.06.075 Receipt of payment.

A. Each customer posting an advance deposit shall receive in writing at the time of deposit or with the first bill, a receipt as evidence thereof, unless the Water Division shows the existence or nonexistence of a deposit on the customer's bill, in which event the receipt shall not be required unless requested by the customer. The receipt shall contain the following minimum information:

1. Name of customer;

2. Premises being served;

3. Address to which deposit refund and interest will be sent;

4. Date of payment;

5. Amount of payment;

6. Identifiable name, signature and title of the Water Division employee receiving payment;

7. Statement of the terms and conditions governing the payment, retention, and return of deposits.

B. The Water Division shall provide a means whereby a person entitled to a return of a deposit is not deprived of the deposit refund even though he may be unable to produce the original receipt for the deposit, provided he can produce adequate identification to insure that he is the customer entitled to refund of the deposit.
(Ord. 58045 § 3 (part), 1980: prior Ord. 55357 § 1 (part), 1969: 1948 C. Ch. 55 § 10: 1960 C. § 548.070(6).)

23.06.076 Deposit for continued service.

The Water Commissioner may also require a customer to post deposit as a condition of continued service due to any of the following:

A. The service of the customer has been discontinued due to nonpayment of a delinquent account;

B. In an unauthorized manner the customer interfered with or diverted the service of the Water Division situated on or about or delivered to the customer's premises;

C. The customer has failed to pay a bill before the delinquency date for two billing periods out of twelve or less consecutive billing periods; or

D. The Water Division can show a likelihood that the customer does not intend to pay for continued service.
(Ord. 58045 § 3 (part), 1980: prior: Ord. 55357 § 1 (part), 1969: 1948 C. Ch. 55 § 10: 1960 C. § 548.070(7).)

23.06.080 Rebate--Vacating premises.

Any consumer who vacates the premises for which he paid for the use of water before the expiration of the period covered, may notify the Water Commissioner in writing, who shall cause the water to be shut off such premises. The Water Commissioner shall certify to the Comptroller the amount due the consumer on account of the unexpired period. The Comptroller shall notify the treasurer to refund this amount to the consumer.
(Ord. 48646 § 3 (part), 1958: prior: 1960 C. § 548.080: 1948 C. Ch. 55 § 11 (part).)

23.06.090 Rebate--When not allowed.

No rebates will be allowed on sprinkling charge, washing machines, livestock or movable articles. Any temporary failure or interruption of supply or decrease of pressure in the service shall not entitle the consumer to a rebate.
(Ord. 48646 § 3 (part), 1958: prior: 1960 C. § 548.090: 1948 C. Ch. 55 § 11 (part).)

23.06.100 Rebate--Premises destroyed by fire.

Any consumer deprived of the use of water by the destruction by fire of the premises for which he has paid for the use of water, shall be entitled to a rebate as provided in Section 23.06.080.
(Ord. 48646 § 4, 1958: prior: 1960 C. § 548.100: 1948 C. Ch. 55 § 12.)

23.06.110 Flat rate assessment--Second bill.

All premises for which the use of water is assessed at flat rates must be assessed by the Water Commissioner for the use of water for all purposes for which it is exposed to be used.

After the bill is paid for the use of water upon any premises, if the Water Commissioner shall find that water supplied to the premises is used or exposed to be used for purposes not contemplated under the rate paid, then the Water Commissioner is authorized to issue a second bill assessing the proper rate as established by ordinance for the purpose not covered by the first bill. If the second bill is not paid within five days, then the Water Commissioner shall place a meter on the connection supplying the premises, and the water used thereafter on the premises shall be paid for at the meter rates established by ordinance.
(Ord. 48646 § 8, 1958: prior: 1960 C. § 548.110: 1948 C. Ch. 55 § 17.)

23.06.120 Repair charges.

Where the stopcock on the service pipe or the box covering it is out of order, the Water Commissioner shall excavate and shut off at the curb or at the main, in his discretion, and charge the cost of such labor against the owner, agent, occupant or lessee of such premises. These charges shall be added to the amount of the unpaid bill to be collected by the collector of the revenue before water is again furnished such owner, agent, occupant or lessee of the premises.

The Water Commissioner shall also notify the owner, agent or lessee to repair the stopcock or box and in case the owner, agent or lessee neglects or refuses to repair the stopcock or box at once, the Water Commissioner shall proceed as authorized in Section 23.04.070.
(1960 C. § 548.130: 1948 C. Ch. 55 § 18 (part).)

23.06.130 Shutoff for delinquency.

The Collector of Revenue shall furnish the Water Commissioner a daily written list of all water bills paid and paid in the previous day and shall also provide a monthly written list of all water bills that are delinquent for more than forty-five (45) days. The Water Commissioner may shut off the water from all premises for the nonpayment of delinquent bills. Water shall not again be furnished thereto until all outstanding obligations for water supplied to such premises shall have been paid in full and a charge of $25.00 has been paid in advance for turning on such water.
(Ord. No. 68040, § 6, 7-7-2008: prior: Ord. 67919 § 11, 2008: Ord. 66076 § 11, 2003: Ord. 57997 § 1 (part), 1980: Ord. 55357 § 1 (part), 1969: 1960 C. § 548.120: 1948 C. Ch. 55 § 18 (part).)

23.06.140 Main pipe cut off.

Whenever the Water Commissioner causes the water to be shut off from any hydrant or premises and it is turned on again without his permission, the Water Commissioner shall immediately cause the connection with the main pipe to be cut off. Water shall not again be supplied to these premises until the cost of cutting off the connection from the main and reconnecting it is paid to the Water Division, except in those cases where the premises have been vacated by the delinquent consumer and a new owner, tenant or lessee applies in good faith for permission to use the water.
(Ord. 48646 § 9, 1958: prior: 1960 C. § 548.140: 1948 C. Ch. 55 § 19.)

City Counselor Ops.: 10247

23.06.150 Delinquent consumer at new location.

Should a delinquent consumer or any person in his name make application for the use of water at any other premises in the City, he shall be required to pay the amount of the delinquent bill, including the cost of cutting off and repairing the connection to the premises formerly occupied or owned by the party before permission is granted for use of water at his new location.
(Ord. 48646 § 10 (part), 1958: prior: 1960 C. § 548.150: 1948 C. Ch. 55 § 20 (part).)

City Counselor Ops.: 10247

23.06.160 Turning on shut off water.

Any person turning water on any hydrant or pipe that has been shut off by the Water Commissioner, shall be deemed guilty of a misdemeanor.
(Ord. 48646 § 10 (part), 1958: prior: 1960 C. § 548.160: 1948 C. Ch. 55 § 20 (part).)

23.06.170 Liens.

When any water bills or charges pursuant to ordinance remain unpaid, in whole or in part after the date due for payment, the Collector of Revenue is authorized to file a lien upon the premises or real estate upon or for which the water was used or service rendered. The Collector of Revenue shall notify the property owner via certified mail that a lien will be filed on the property no less than ten (10) days prior to the filing of the lien.
(Ord. No. 68040, § 4, 7-7-2008: prior: Ord. 55357 § 1 (part), 1969: 1960 C. § 548.170.)

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