Chapter 13.36
UTILITY BILLING*
Sections:
13.36.030 Service deposit requirement.
13.36.040 Discontinuance of service.
13.36.050 Date payment due--Delinquency--Penalty.
13.36.060 Charges deemed debt to city--Action to collect.
13.36.070 Discontinuance of service upon failure to pay--Reconnection costs.
* Prior ordinance history: Ords. 238, 251 and 256.
13.36.010 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:
A. "City" means the city of Greenfield.
B. "City council" means the city council of the city.
C. "Living unit" means any residence, apartment, habitation, or other structure to be occupied by a single person or family requiring utility services.
D. "Person" means any human being, individual, firm, company, partnership, association, private or public or municipal corporation, the United States of America, the state, a district, a political subdivision, or a governmental agency.
E. "User" means any person to whom utility services are being furnished by the city.
F. "User charge" means a charge imposed upon a user by the city for utility services.
G. "Utility" or "utilities" means one or more of the following public services provided by the city: garbage and rubbish collection and disposal; sewer service; water service.
H. "Utility service" means the furnishing of a utility or utilities to a user by the city. (Ord. 548 §2, 2020; Ord. 395 §1, 1996).
13.36.020 Billing Of charges.
In all cases, utility user charges shall be billed to the person who makes application for such service. (Ord. 548 §2, 2020; Ord. 395 §1, 1996).
13.36.030 Service deposit requirement.
A separate service deposit shall be required for each water service connection. The amount of such deposit shall be set from time to time by resolution of the city council. No interest will be paid on service deposits. Service deposits shall be returned to users upon the discontinuance of service as specified in section 13.36.040 or if maintaining service as follows:
A. The service deposit will be returned after the homeowner has maintained service for twelve (12) months with no final notice being issued; or
B. The service deposit shall be returned to the user/renter after twenty-four (24) months if the user has no final notices issued. If the user fails to meet the criteria for return of the service deposit, the utility will thereafter review the user’s account every billing period and will refund the deposit when the user meets the criteria set forth in this section. (Ord. 548 §2, 2020; Ord. 425 §1, 2001: Ord. 395 §1, 1996).
13.36.040 Discontinuance of service.
Upon discontinuance of service to premises for which a service deposit is held, the funds on deposit shall first be applied to the payment of any amount due to the city from the depositor and the remainder, if any, shall be returned to the depositor on request. Any deposited funds not called for within one year from the date on which they become returnable will become the property of and will be retained by the city. (Ord. 548 §2, 2020; Ord. 395 §1, 1996).
13.36.050 Date payment due--Delinguency--Penalty.
All utility service charges shall be due and payable on the date of billing and shall become delinquent on the twenty-fifth day after the date of billing. The date of billing shall be the date of mailing of the billing, if such billing is mailed to the customer; or if such billing is not mailed to the customer, the date of billing shall be the date such billing is delivered to the customer. Utility service charges which are not paid on or before the twenty-sixth day after the date of billing shall be subject to a penalty of ten percent (10%) per month on the first day of each month following. (Ord. 548 §2, 2020; Ord. 425 §2, 2001: Ord. 413 §1, 1999: Ord. 395 §1, 1996).
13.36.060 Charges deemed debt to city--Action to collect.
The amount of any utility fee or charge provided for by this chapter shall be deemed a debt to the city and the person or persons upon whom such charge is imposed shall be liable in an action in the name of the city brought in any court of competent jurisdiction. Person or persons are liable for all charges incurred in collection of such debt. (Ord. 548 §2, 2020; Ord. 395 §1, 1996).
13.36.070 Discontinuance of service upon failure to pay--Reconnection costs.
A. Discontinuance of Utility Service Upon Failure to Pay: In the event any utility service charge becomes delinquent (is not paid within twenty-five (25) days of the date of billing), the city may serve the customer with a written notice, either personally or by mail addressed to the customer at his or her address as shown on the records of the city, notifying said customer that unless payment is made within fifteen (15) days after the date of said notice, water service and garbage service to the said premises will be discontinued. Said notice shall also inform said customer of his or her right to request, within ten (10) days after the date of said notice, a hearing before the city manager for the purpose of determining the customer’s liability for the charges stated in the bill, or the correctness of the charges, or both. Upon receipt of such a request within said ten (10) day period, and upon reasonable prior notice to the applicant, the city manager shall hold a hearing upon the matter, at which time the customer shall be given full opportunity to present all relevant evidence concerning the disputed bill. At the conclusion of the hearing the city manager shall make a written report of his findings and shall make a determination as to the customer’s liability for payment, or as to the correctness of the billing or both, and shall serve the customer with a copy of the same, either personally or by registered or certified mail addressed to the customer at the premises being served or at such other address as the customer may have specified for such purpose in said notice. Such determination shall be final and binding upon both the city and the customer. Any amount found to be due from the customer shall be paid within three (3) days after the date of service of the city manager’s report upon the customer, and if not so paid, the city manager may order water service and garbage service to the premises discontinued as provided in this section. At the expiration of fifteen (15) days after notice of discontinuance of services is given to a delinquent customer as provided in this section and if no hearing has been requested by the customer, or at the expiration of three (3) days after notice of determination has been given to the customer by the city manager if a hearing has been requested and held as provided in this section, the city may, in addition to the exercise of any remedies it may have for the collection of delinquent utility bills, cut off and disconnect any water service and discontinue garbage service to the premises involved. This section shall not apply to residential water service connections, which are addressed separately in subsection B of this section.
B. Discontinuance of Water Service for a Residential Customer Upon Failure to Pay: Notwithstanding any provision to the contrary, in the event a residential water service charge becomes delinquent (is not paid within twenty-five (25) days of the date of billing) the city may, in addition to the exercise of any remedies it may have for the collection of delinquent utility bills, including water service, discontinue water service to the residential premises involved in accordance with the city’s policy on discontinuance of residential water service, as the same may be amended from time to time by the city council. This section applies solely to discontinuance of water service for residential customers. To the extent this section is inconsistent or conflicts with any other sections or provision of the Municipal Code, this section shall prevail.
C. Discontinuance of Services--Reconnections: The city shall not resume any utility service discontinued pursuant to this chapter until all delinquent payments have been made for such utility service, and, where water service is discontinued, the applicable charge for the disconnection and reconnection of water service to the premises has been paid. Such water service disconnection and reconnection charges shall be set from time to time by resolution of the city council. Water service reconnections will only be processed by the city utility billing division Monday through Friday from eight o’clock (8:00) A.M. to twelve o’clock (12:00) P.M. and one o’clock (1:00) P.M. to four o’clock (4:00) P.M., and will not be processed on city-observed holidays. Reconnection of service by unauthorized individuals may result in additional charges established by separate city council resolution and the incident will be reported to the proper authorities. (Ord. 548 §2, 2020; Ord. 425, 2001: Ord. 395 §1, 1996).