ARTICLE III. RATES AND CHARGES

31-61 Rates and fees; charges.

(a)    Monthly water rates and fees shall be in accordance with a schedule prescribed by the water division of the department of public works and approved by the city council in the city’s budget or otherwise, and charges shall be categorized as follows:

(1)    Fixed charge. Based on the size of the meter or meters.

a.    A fixed meter charge may be temporarily waived in accordance with policies prescribed by the water division of the department of public works and as approved by city council as part of the water resources assistance program.

(2)    Volumetric charge. Based on the customer classification and the volumetric usage of wastewater upon the premises as measured by the city water meter or as estimated where appropriate by the water division of the department of public works.

(3)    Private fire protection charge. Based on the presence of private fire protection infrastructure, meaning a fire hydrant outside the right-of-way and a service line that feeds a fire protection system.

(4)    Other fees and charges related to billing, and administrative and field services, including rates, fees and charges set by the State of Vermont.

(Ord. of 5-24-21)

31-62 Charge for water used without permit.

When a person has used city water without a permit from the city water department, a charge shall be made against the premises for the time the water has been so used, or for the quantity estimated or shown by meter measurement to have been used, and said charge shall be increased fifty (50) percent and shall be collected as provided in this chapter.

(Rev. Ords. 1962, § 6016)

31-63 Special rates.

The water division of the department of public works may negotiate special rates for consolidated water districts as provided for in 24 V.S.A. Chapter 91, upon approval of the public works commission.

(Rev. Ords. 1962, § 6009; Ord. of 10-22-90; Ord. of 5-24-21)

31-64 Abatements; refunds.

No abatement of the water charges shall be allowed by reason of disuse or diminished use or vacancy of premises, nor shall a payment be refunded or abatement made by reason of the occurrence of any of the matters or things mentioned in Section 31-7.

(Rev. Ords. 1962, § 6011; Ord. of 5-24-21)

31-65 When rates commence.

The rates, fees and charges, as described in Section 31-61, shall commence upon the date of installation of a meter, and if that date is not the first of the calendar month, the rates, fees and charges shall be prorated based on a thirty (30) day period.

(Rev. Ords. 1962, § 6030; Ord. of 5-24-21)

31-66 When bills due.

Bills for metered water shall become due when rendered.

(Rev. Ords. 1962, § 6030; Ord. of 5-21-73)

31-67 Public works director to collect bills.

Water rates shall be payable to and collected by the public works director or his/her designee. He or she shall make a tax bill of all rates on or before the first day of the month in which the respective rates become due.

(Rev. Ords. 1962, § 6030; Ord. of 10-22-90)

31-68 Public notice of due date.

Public notice shall be given by the director of public works or his/her designee when water rates are due by publication for two (2) days, during which the rates may be paid without incurring the penalty prescribed in section 31-69, in one (1) or more daily newspapers published in the city. Such notice shall state that unless prompt payment is made, twelve (12) percent will be added to the tax bill and the water shut off as prescribed in section 31-69.

(Rev. Ords. 1962, § 6032; Ord. of 5-21-73; Ord. of 10-22-90)

31-69 Failure to pay rate; penalty; shutting off water; lien.

(a)    No disconnection of service to a ratepayer shall be undertaken unless payment of a valid bill or charge is delinquent, as defined herein, and notice of disconnection has been provided previously to the ratepayer. Such notice shall also be provided to the occupant of a residential or commercial dwelling which will be affected by disconnection if the occupant is different than the ratepayer. Disconnection shall not be permitted if:

(1)    The delinquent bill or charge, or aggregate delinquent bills and charges, do not exceed fifteen dollars ($15.00).

(2)    The delinquency is due solely to a disputed portion of a charge which is the subject of an appeal.

(3)    The delinquency is due to a failure to pay a deposit, line extension, special assessment, special construction charge, or other nonrecurring charge.

(4)    The disconnection would represent an immediate and serious hazard to the health of the ratepayer or resident within the ratepayer’s household, as set forth in a physician’s certificate which is on file with the water department. Notice by telephone or otherwise that such certificate will be forthcoming will have the effect of receipt, providing the certificate is in fact received within seven (7) days.

(5)    The ratepayer has not been given an opportunity to enter into a reasonable agreement to pay the delinquent bill, or having made such agreement, has abided by its terms.

(b)    The notice form required under this section and defined herein shall be clearly printed on a pink-colored sheet of paper and shall be according to the form set out in Title 24, Vermont Statutes Annotated, Section 5144.

(c)    Disconnection of water service shall occur only between the hours of 8:00 a.m. and 2:00 p.m. of the business day specified on the notice of disconnection, or within the same hours during the four (4) business days thereafter.

(1)    When service is disconnected or interrupted at the premises of the ratepayer, which shall include disconnection or interruption at or near the premises of the ratepayer, the individual making the disconnection shall immediately inform a responsible adult on the premises that service has been disconnected or interrupted, or if no responsible adult is then present, shall leave on the premises in a conspicuous and secure place a notification advising that service has been disconnected or interrupted and what the ratepayer has to do to have service restored.

(d)    If service has been disconnected or interrupted, the utility shall within twenty-four (24) hours restore service upon the customer’s request when the cause for disconnection of service has been removed, or when an agreement has been reached between the ratepayer and the water department regarding the dispute which led to the disconnection or when directed to do so by the city council. Restoration of service, to the extent feasible, shall be done so as to avoid charging ratepayers for overtime wages and other abnormal expenses. No collection or reconnection fees may be charged for disconnections or interruptions of service made for reasons of health or safety of the ratepayer or of the general public.

(e)    Any ratepayers who dispute any portion of the bill or charge may so notify the public works director or his/her designee in writing on or before the due date of the bill. The due date shall be clearly marked on the bill and shall be at least thirty (30) days after the mailing of the bill.

The public works director or his/her designee shall investigate the bill and, if appropriate, adjust such bill accordingly, informing the ratepayer of any decision rendered and of his or her right to appeal to the public works commission. The public works director’s or his/her designee’s decision shall be rendered within thirty (30) days from the date of the public works director’s or his/her designee’s receipt of the written notice. If the ratepayer is dissatisfied with the decision of the public works director or his/her designee, he or she may appeal the decision by filing within five (5) days of receipt of the decision a written appeal with the public works commission. Upon receipt of said appeal, the commission shall set the matter for hearing at its next meeting, but in no case shall the hearing occur later than thirty (30) days after the filing of the appeal. The commission may, where appropriate, adjust the charges. The decision of the commission shall be final.

(f)    The charges or rates for a water bill shall be a lien upon the real estate pursuant to 32 V.S.A., Section 5061, so long as the lien is recorded with the city clerk. A delinquency of sewer charges shall be considered a delinquency of water charges.

(g)    The water department may charge fees for collection of overdue accounts and reconnection of service disconnected because of nonpayment.

Fees charged shall not exceed the following schedule as provided for in 24 V.S.A. Section 5151(b) as may be amended from time to time:

Collection trips: Twenty-five dollars ($25.00) maximum, regardless of number.

Reconnection: Normal hours, twenty-five dollars ($25.00); overtime, thirty-seven dollars and fifty cents ($37.50).

(h)    Definitions. For the purpose of this section:

(1)    Disconnection means the deliberate interruption or disconnection of water service to a ratepayer by the water department.

(2)    Delinquency means failure of the ratepayer to tender payment for a valid bill or charge within thirty (30) days of the postmark date of that bill or charge, or by a due date at least thirty (30) days after mailing, which shall be clearly printed on the bill and which shall control in the absence of the postmark.

(3)    Hearing officer means a person appointed pursuant to subparagraph (e) of this section to act as a fact-finder, and to hear and investigate evidence, and to make recommendations to the city council for final determination of the dispute.

(4)    Notice means the written notice on the form prescribed in subparagraph (b) of this section, sent within forty (40) days after delinquency and postmarked and sent not more than twenty (20) days, nor less than fourteen (14) days prior to the disconnect of service.

(5)    Physician’s certificate means a written statement by a duly licensed medical practitioner certifying that a ratepayer or resident within the ratepayer’s household would suffer an immediate and serious health hazard by the disconnection of the water service to that household. The certificate will be considered valid and in force for thirty (30) days, or the duration of the hazard, whichever is less.

(6)    Payment of a bill means the receipt at the water department’s business office or authorized payment agency of cash, check or money order which is subsequently honored.

(7)    Business days means Monday through Thursday, excluding legal holidays and any other time, or the day before such time, when the water department’s business offices are not open to the public.

(Rev. Ords. 1962, § 6033; Ord. of 5-21-73; Ord. of 9-24-79; Ord. of 10-22-90)

Editor’s note—Ord. of May 21. 1973, repealed § 6033 of the Rev. Ords. 1962, which had been codified as §§ 31-69, 31-71—31-73 herein; and said ordinance added a new § 6033, codified herein as § 31-69 at the editor’s discretion.

31-70 Reserved.

Editor’s note—Former § 31-70, pertaining to failure to receive bills for service rates, and derived from Rev. Ords. 1962, § 6031, was deleted by an ordinance of Oct. 22, 1990.

31-71—31-73 Reserved.

Note—See editor’s note, § 31-69