Colfax Municipal Code Art. V Sewer Service Charges— Collection Procedures

A. Sewer service charges to a property shall begin for a pre-existing structure when the owner of the property notifies the city to activate such sewer service. If service to the property had been previously discontinued, new connection charges may apply, in accordance with the requirements of Article II of this chapter.

B. Sewer service charges shall begin for a new service at the completion and acceptance of all the work required in the sewer permit for such property, but no later than the city's final inspection or issuance of the certificate of occupancy.

C. Unless action is taken pursuant to Article VI of this chapter to collect current sewer service charges on the tax roll, the city shall bill users directly for such charges. The regular billing period shall be bi-monthly; provided, however, the council may establish semiannual or annual billing periods for public schools and other public institutions.

D. All sewer service charges shall be billed in advance to the property owner of record who shall be responsible for payment. Where more than one person owns the property or any interest therein, each such owner shall be responsible jointly and severally for all of such charges irrespective of the relative rights as between themselves.

E. Opening and closing bills for sewer service charges less than the normal billing period shall be for not less than one month.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.501)

A. Sewer services charges shall be due and payable upon presentation. The charges for sewer service between the time of the connection and the thirtieth day of the same month or the close of the other established billing period, shall be added to the next billing period. If the charge remains unpaid thirty (30) days after the billing date, the sewer service to the subject property may be disconnected.

B. At least ten (10) days prior to the disconnection of service, the city shall notify the property owner of record and the tenant by mail of the proposed service disconnection. At least two days prior to the disconnection of service written notice that the service will be disconnected shall be delivered to the service address.

C. When an account becomes delinquent, the full amount of the both the delinquent and current bill must be paid to avoid disconnection of the service.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.502)

In addition to any other remedy provided in this title for the enforcement and collection of any sewer impact fee, connection charge and service charge, all rates or other charges provided for in this chapter shall be charged against the property on which furnished and against the owner of record thereof and shall be deemed delinquent at the same time and in the same manner as the next regular sewer bill. No change of ownership or occupation shall affect in any way the application of this section.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.503)

A penalty of ten (10) percent shall be imposed on all charges imposed by this chapter that are not paid on or before the first day of the second month following the date such charges were due. An additional penalty of one percent per billing period shall be imposed on the first day of the second month following the date such charge was due and payable and on each due date thereafter until there is payment in full of the charge, plus all penalties. The percentage shall be calculated on the aggregate of the delinquent charge and the ten (10) percent penalty. This does not include sewer service charges for which provision is made, prior to delinquency, for the collection thereof on the tax rolls on which general city property taxes are collected.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.504)

If any charge imposed by this chapter remains delinquent for a period of sixty (60) days, such charge shall constitute a lien against the lot or parcel of land against which the charge was imposed upon the recording thereof with the county recorder. Such lien shall have the force, effect and priority of a judgment lien and shall continue for three years after the time of recording, unless sooner released or otherwise discharged. The city shall include a statement on its bill to each property owner, which shall give notice of the lien provided by this section.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.505)

The sewer service charges and connection charges imposed by this chapter shall constitute a debt to the city and the city may institute a civil action to recover delinquent charges, in which event the city shall have a judgment for the costs of the suit and reasonable attorneys' fees.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.506)

The city may disconnect any premises from the sewer system if the charges imposed by this chapter are not paid after they shall have become delinquent. The city manager or his or her designee shall estimate the cost of disconnection and the cost of reconnecting the facility to the sewer system. The owner of the premises shall deposit the estimated costs of disconnection and reconnection before such premises are reconnected to the sewer system. In the event such arrearages are paid and the premises are reconnected to the sewer system, the city manager or his or her designee shall refund any part of the deposit remaining after the payment of all costs of disconnection and reconnection.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.507)

During any period of non-connection or disconnection, the habitation of the premises required to be connected to the sewer system shall constitute a public nuisance and the council shall cause proceedings to be brought for the abatement of the occupancy of such premises for human habitation. In the event such action is commenced, there shall be paid to the city, as a condition of connection or reconnection, reasonable attorneys' fees and costs of suits arising in such action.

(Ord. 475 § 2(b) (part), 2002: prior code § 6-3.508)