Article 2 — SEWER SERVICE CHARGES

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

LATERAL SEWER. That portion of any side sewer within a street or public easement.

MUNICIPAL SEWER DISPOSAL SYSTEM. The sewage treatment plant, pump stations, outfall sewer line, and appurtenant structures and equipment constructed or acquired by the city and comprising the sewerage disposal system, including the primary clarification treatment plant, digester, digester control building, pumping station, separate sludge digestion and sludge drying beds, bar screens and detritor structure, office and laboratory, pipes and pipelines, sewage disposal machinery and equipment, lands, easements, rights-of-way, and other works, property, or structures necessary or convenient for a sewerage disposal system.

MUNICIPAL SEWER SYSTEM. The municipal sewer disposal system, together with all trunk sewers, main sewers, lateral sewers, and outside sewers, all comprising the municipal sewer system of the city.

OUTSIDE SEWER. Sewer lines lying outside the city limits.

RESIDENTIAL UNIT. Any two or more rooms having a bathroom or toilet and kitchen plumbing facilities, suitable for residential occupancy by any number of persons living together as a single-family, including single-family dwellings, and each group of rooms constituting living quarters for a single-family in any duplex, triplex, apartment, court, or other multiple dwelling structure, but excluding any living or sleeping quarters in hotels, apartments, rooming houses, motels, or auto courts where kitchen facilities are not provided.

SIDE SEWER. That part of any sewer piping beginning at the junction thereof with any house plumbing system at not closer than two feet outside the foundation wall of the building served and terminating in any main sewer.

('66 Code, § 6-4.201) (Ord. 409-C-S, passed 8-9-79)

(A) Required. No person owning any premises within the city on which the nearest outlet of the plumbing system of such premises is located within 200 feet from the point at which a connection can be made to the municipal sewer system, and upon which any sewage (exclusive old industrial sewage or industrial wastes) is produced, shall use any means of sewage disposal other than through the municipal sewer system. Every person owning any premises so located and upon or in which any sewage (exclusive of industrial sewage or industrial wastes) is produced shall be required to connect such premises to the municipal sewer system within 30 days from the date when a main sewer or lateral sewer located within the distance specified in this division is completed and available for connection to such premises. Applicants for new sewer connections shall pay the sewer capacity charge designated by resolution.

(B) Declaration of public nuisances. The city hereby declares that the further maintenance or use of cesspools or other local means of sewage disposal on any premises so located shall constitute a public nuisance, and the city may invoke any legal means or the police power to abate the same.

(‘66 Code, § 6-4.202) (Ord. 409-C-S, passed 8-9-79; Am. Ord. 2103-C-S, passed 5-12-15) Penalty, see § 6-4.210

(A) Required. No person whose premises are not now connected with the municipal sewer system shall connect any premises or cause any premises to be connected with the municipal sewer system without first obtaining a permit to do so from the City Engineer.

(B) Filing of statements. The City Engineer may require any person who applies for any such permit to file a statement or affidavit for the guidance of the City Engineer and the Council in ascertaining the amount of the monthly sewer service charge payable by such person pursuant to the provisions of this article. Each such statement or affidavit shall contain such information as may be required by the City Engineer. Failure by any person to file such statement or affidavit containing such required information shall constitute a violation of the provisions of this article. No statement or affidavit shall be conclusive as to the matters therein set forth, nor shall the filing of any statement or affidavit preclude the city from collecting from the person responsible for payment, as provided in this article, by appropriate action, such sum as is actually due and payable for monthly sewer service charges under the provisions of this article. Each such statement or affidavit and each of the several items therein contained shall be subject to verification by the City Engineer.

('66 Code, § 6-4.203) (Ord. 409-C-S, passed 8-9-79) Penalty, see § 6-4.210

(A) For the purpose of providing funds for the payment of the costs of the maintenance and operation of the municipal sewer disposal system, there are hereby levied and assessed upon all premises having, or required by the provisions of this article to have, any sewer connection with, or discharging or required to discharge sewage into or through, the municipal sewer system monthly sewer service charges for the services and facilities for the treatment and disposal of sewage furnished or available to such premises by the municipal sewer disposal system.

(B) Such charges shall be established from time to time by resolution of the Council or amendments thereto. For periods of service of less than one month, the sewer service charges shall be prorated in a like manner as the charges for water service are prorated.

(‘66 Code, § 6-4.204) (Ord. 409-C-S, passed 8-9-79; Am. Ord. 2101-C-S, passed 5-12-15)

Sewer service charges shall become effective immediately upon the beginning of the operation of the sewage treatment plant as to all premises then connected to the municipal sewer system, and there-after such charges shall become effective against all premises not then connected to the municipal sewer system immediately upon connection, or within 30 days from the time a connection to the municipal sewer system could be made, as provided in § 6-4.202 of this article, whichever is the earlier.

('66 Code, § 6-4.205) (Ord. 409-C-S, passed 8-9-79)

All bills for such charges shall be issued by the Director of Financial Services. Such bills shall be combined with bills or statements for water services rendered by the municipal water system in all cases where the premises are connected to the municipal water system. The bills shall state their purpose (water and sewer service), shall give the name and last known address of the person responsible for payment, and shall list separately the charge for water service and the charge for sewer service and the total charges for both services. Neither charge may be paid separately from the other. If any premises with sewer service are not connected with the municipal water system, a separate bill shall be rendered for sewer service only.

('66 Code, § 6-4.206) (Ord. 409-C-S, passed 8-9-79)

A penalty charge of 5% shall be assessed against those charges representing the sewer service used and service charge if the bill is not paid when due as set forth by resolution.

(‘66 Code, § 6-4.207) (Ord. 409-C-S, passed 8-9-79; Am. Ord. 2101-C-S, passed 5-12-15)

All monthly sewer service charges shall be billed to the following persons:

(A) In the case of any person whose premises are connected with the municipal water system, to the person who requested such connection to the municipal water system, or his successor in interest, or to any person requesting that such bill be charged to him; or

(B) In the case of any person whose premises are not connected to the municipal water system, to the person who requested the connection to the municipal sewer system, or his successor in interest, or, if no such request was made, to the owner of record of such premises on the date on which such premises are required by the provisions of this article to connect to the municipal sewer system, or to the successor in interest to such person, or to any person requesting that such bill be charged to him.

('66 Code, § 6-4.208) (Ord. 409-C-S, passed 8-9-79)

(A) Any person who shall have the right to appeal as provided in any section of this article or who shall be dissatisfied with any determination made pursuant to the provisions of this article by the Director of Financial Services, at any time within 30 days after such determination, may appeal to the Council by giving written notice to the Director of Financial Services and to the City Clerk, setting forth the determination with which such person is dissatisfied. The Council, at any time, upon its own motion, may appeal from any determination made by the Director of Financial Services. In the event of any such appeal, the Director of Financial Services shall transmit to the Council a report upon the matter appealed. The Council shall cause a notice to be given, at least 10 days prior to the time fixed for such hearing, to all persons affected by such appeal, of the time and place fixed by the Council for hearing such appeal. The Council shall direct the City Clerk to make a written notice, postage prepaid, to all such persons whose addresses are known to the Council.

(B) Pending a decision upon any appeal relative to the amount of any charge pursuant to the provisions of this article, the person making such appeal shall pay such charge. After the appeal is heard, the Council shall order refunded to the person making such appeal such amount, if any, as the Council determines shall be refunded.

('66 Code, § 6-4.209) (Ord. 409-C-S, passed 8-9-79)

(A) Enforcing officers. The Director of Financial Services and the City Engineer are hereby charged with the enforcement of all the provisions of this article.

(B) Penalty. In the event of a violation of any of the provisions of this article or any rule or regulation established pursuant to this article, such violations shall be punished according to §§ 1-2.01 et seq. of this code.

(C) Delinquent payments. Upon the failure of any person billed or the owner of any premises to pay any sewer service charge prior to delinquency, any one or more of the following actions may, or, where required, shall, be taken by the city or city officials to enforce such payment, subject to the provisions of division (B) of this section:

(1) Each sewer service charge levied by or pursuant to the provisions of this article on any premises within the city is hereby made a lien upon such premises, and any steps authorized by law may

be taken by the city to enforce the payment of such lien.

(2) In each case where any bill for both water service and sewer service remains unpaid for 30 days after such bill becomes delinquent, the Director of Financial Services shall order the

disconnection of the premises from the municipal water system. Whenever any premises has been disconnected from either the municipal water system or the municipal sewer system for nonpayment of water or sewer service charges, such premises shall not be reconnected to either the municipal water system or the municipal sewer system until all delinquent charges and penalties have been paid, together with such reasonable charges for reconnection as may be ordered from time to time by the Council by resolution.

('66 Code, § 6-4.210) (Ord. 409-C-S, passed 8-9-79)

Cross-reference:

Disconnection for late payment, see § 6-4.211

(A) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful oppor-tunity to be heard on disputed bills. The city's form for

application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:

(1) That all bills are due and payable on or before the date set forth on the bill; and

(2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be

discontinued for nonpayment; and

(3) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and

may present orally or in writing his complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.

(B) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be dis-continued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.

(C) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $20.