(A) Residential water service charges. Residential customers shall be charged for the use of water from the city water system as set forth below:

(1) Flat monthly charge (no gallonage included): $8.74 per dwelling unit; and

(2) Charge for all water use: $2.80 per 1,000 gallons.

(B) Business, commercial, industrial, and other nonresidential water service charges. Business, commercial, industrial, and other nonresidential customers shall be charged for the use of water from the city water system the charges and rates set forth below:

(1) Flat monthly charge: There shall be a flat monthly charge for all business, commercial, industrial, and other nonresidential customers based upon the size of the water connection serving the property or customer account (no gallonage included) as follows:

(2) Charge for all water use: $2.80 per 1,000 gallons. Nonresidential accounts shall include schools, churches, public or institutional buildings, parks, and irrigation accounts.

(3) Standby fire protection charges:

(Ord. 709 §1, 1986; Ord. 872 §1, 1989; Ord. 888 §1, 1990; Ord. 919 §1, 1991; Ord. 950 §1, 1993; Ord. 1168 §1, 1996; Ord. 1305 §1, 1998; Ord. 1379 §1, 1999; Ord. 1650 §1, 2001; Ord. 1669 §1, 2002; Ord. 1686 §§1, 2, 2002; Ord. 1731 §1, 2003; Ord. 1752 §2, 2003; Ord. 1786 §2, 2005; Ord. 1823 §2, 2006; Ord. 1852 §2, 2006; Ord. 1879 §2, 2008)

(A) Residential sewer service charges.

(1) All residential accounts shall be charged a gallonage charge based on average winter water consumption. The monthly charge is $2.76 per 1,000 gallons, or $11.04 per dwelling unit, whichever is greater.

(2) Any new occupant of a residential unit served by a separate connection and any new residential unit shall be charged a $16.56 monthly sewer charge until average winter water consumption is established.

(3) Any new multi-unit account shall be charged a monthly sewer charge of $16.56 per dwelling unit until average winter water consumption is established.

(4) Average winter water consumption shall be the average water consumption for the four monthly bills reflecting usage between November 1 and the following March 31. The average winter water consumption for each account shall be calculated once annually and shall be the basis for determining charges for the following twelve months.

(B) Nonresidential sewer service charge.

(1) Each nonresidential account shall be assigned by the director of public works to the most appropriate category listed in Table 13-12A, attached hereto and incorporated herein by reference. Values for concentration of BOD, COD, and TSS, as those terms are defined in chapter 13-28, will be as set forth in Table 13-12A, unless values are determined by the director of public works based on actual sampling of the effluent. Any sample taken for such purposes shall be a composite sample, as defined in chapter 13-28. Analysis shall be done in accordance with the procedures described in the latest edition of "Standard Methods for the Examination of Water and Wastewater," as published by the American Public Health Association, the American Water Works Association, and the Water Pollution Control Federation. Such individual sampling and analysis will be offered by the department of public works on request of the user, at such user's expense and if requested, the sample will be split and half of the sample will be given to such user for analysis by an independent laboratory. If analysis ordered by the department of public works and that obtained by user are significantly different, the director of public works may accept the user's analysis, or may order a new sample and analysis done at city expense. Each nonresidential customer must provide suitable access for sampling purposes.

(2) The monthly charge for each nonresidential account shall consist of the following elements:

a. A gallonage charge based on year-round nonirrigation water consumption. The charge is $2.76 per 1,000 gallons, or $11.04 per equivalent sewer tap, whichever is greater.

b. A surcharge for excess BOD, COD, and TSS, as determined by whichever of the following formulae produces the higher surcharge:

S = Q (0.00833AR_A + 0.00833 CR_C) or

S = Q (0.00833BR_B + 0.00833 CR_C)

where

S = Amount of surcharge (cannot be less than zero)

Q = 100% of year-round nonirrigation water consumption for the account, expressed in thousands of gallons per month (until year-round nonirrigation water consumption is established, Q = 100% of total water consumption).

A = Average BOD strength of wastewater expressed in mg/l minus 200 mg/l

B = Average COD strength of wastewater expressed in mg/l minus 300 mg/l

C = Average TSS strength of wastewater expressed in mg/l minus 200 mg/l

R_A = $0.27 per pound of excess BOD

R_B = $0.27 per pound of excess COD

R_C = $0.19 per pound of excess TSS

(3) Any new nonresidential account shall be charged a monthly gallonage charge of $16.56 per equivalent sewer tap until year-round nonirrigation water consumption is established. In addition, any surcharges under subsection (2)b. above shall apply.

(4) Year-round nonirrigation water consumption shall be based on the average water consumption for the four monthly bills reflecting usage between November 1 and the following March 31, calculated once annually and used as the basis for determining charges for the following twelve months. As an alternative, it may be based on the consumption shown on a metering system indicating nonirrigation use only.

(5) Equivalent sewer tap shall be as defined in chapter 13-08.

(C) Annual notification. Each user will be notified, at least annually, in conjunction with a regular bill of the rate and that portion of the user charges which are attributable to wastewater treatment services.

(D) All residential and nonresidential accounts shall be charged an unfunded mandate charge based on average winter water consumption of $0.52 per 1,000 gallons. (Ord. 658 §2, 1985; Ord. 872 §§2-4, 1989; Ord. 888 §§2-4, 1990; Ord. 919 §§2-4, 1991; Ord. 950 §§2-4, 1993; Ord. 1034 §§1-3, 1994; Ord. 1106 §§1-3, 1995; Ord. 1168 §§2, 3, 1996; Ord. 1170 §1, 1996; Ord. 1214 §§1-3, 1996; Ord. 1305 §2, 1998; Ord. 1379 §3, 1999; Ord. 1650 §§2, 4, 2001; Ord. 1669 §§2, 3, 2002; Ord. 1730 §§1-3, 2003; Ord. 1753 §§2-4, 2003; Ord. 1787 §§2—4, 2005; Ord. 1824 §4, 2006; Ord. 1853 §§2—4, 2006; Ord. 1880 §§2—4, 2008)

Users outside the corporate limits of the city will be charged three times the rates set forth in this chapter unless separate agreement or contract with the city governs. (Ord. 397 §2, 1980; Ord. 1712 §1, 2003)

The owner of every premises, building, lot, house, or dwelling unit is liable for all charges for water and sewer services associated with said premises, building, lot, house, or dwelling unit. The owner may designate another person to whom bills containing the water and sewer charges and the notices of the proposed disconnection of water service shall be sent. Mailing of a bill for water and sewer service to any address shall in no way affect the power of the city to enforce payment of charges or to take any other action provided in this chapter or authorized by law or equity. (Ord. 825 §1, 1989)

(A) Delinquencies. Water and sewer service charges are due fifteen calendar days following the billing date. If the water and sewer charges are unpaid thirty calendar days after the billing date, the account shall be considered delinquent, and the person designated to receive the service will be sent notification of suspension of water service in accordance with subsection (D) below. In addition, all delinquent accounts shall be assessed a five-dollar-per-billing-period late charge.

(B) Access to meter. It is the responsibility of the property owner to provide the city with reasonable access to water meters located anywhere on the owner's property. If the property owner or occupant denies reasonable access to the city or its authorized representative to read a meter, remove a meter, repair a meter, replace a meter, or perform such other functions as the city is lawfully authorized to perform under this chapter, the owner shall be notified, in writing at the address designated to receive bills and notices pursuant to section 13-12-035 above, to schedule an appointment for the city or its duly authorized representative to perform the meter-related work. In the event the owner fails to schedule an appointment within ten days after receipt of the notification, or any scheduled appointment is not kept by the owner, the owner will be sent notification of suspension of water service in accordance with subsection (D) below and will be afforded the opportunity of a hearing in accordance with subsection (E) below. Subject to the provisions of subsection (E) below, if any person violates this subsection (B), the city will suspend water service until there is compliance with the requirements of this title, and the owner shall pay all associated costs, including the reconnect charges and all costs of collecting the charges, including court costs and attorneys' fees.

(C) Suspension of water service. Subject to the provisions of subsection (D) below, if any person fails or refuses to pay all charges prescribed by this title within forty-five days of the billing date or refuses to comply with the provisions of this title, the city may suspend water service until all charges, including the reconnect charge, late charges, and the cost of collecting the charges, including court costs and attorneys' fees, are paid or until the requirements of this title have been met.

(D) Notification of suspension of service. Water service may not be suspended unless the property owner or occupant has been given at least ten days' written notice. The written notice shall be mailed to the address designated to receive bills and notices pursuant to section 13-12-035 above. The ten-day period shall commence the day after the written notice has been mailed. The notice shall include:

(1) The cause for suspension;

(2) The effective date of the suspension;

(3) A provision advising that the property owner or occupant is entitled to an administrative hearing and advising the property owner or occupant of the hearing procedures; and

(4) A statement to the occupant that if he or she is a tenant and he or she believes that the property owner is responsible for payment of charges or for corrections of violations of title 13, he or she must notify the city of the name and address of the property owner at the time he or she requests a hearing. If the occupant notifies the city of the name and address of the property owner pursuant to this subsection, notice shall also be provided to the property owner.

(E) Hearing procedures.

(1) The property owner or occupant shall be entitled to an administrative hearing before the city manager or his or her designee. The hearing shall be for the purpose of determining whether cause exists for the suspension of water service.

(2) All requests for hearings must be made in writing prior to the effective date of suspension.

(3) Upon receipt of a request for a hearing, the city manager or his or her designee shall set a time and place for the hearing; provided, however, that the hearing must be held within ten working days of said request.

(4) The city manager or his or her designee shall decide whether cause exists for suspension of water service by determining the facts and applying the provisions of this title 13 to such facts. The burden of showing that reasonable grounds exist to support the action shall be upon city personnel.

(5) The city manager or his or her designee shall make written findings and an order disposing of the matter and shall provide the
property owner or occupant with a copy of such decision by certified mail within fifteen calendar days of the date of the hearing.

(6) The decision of the city manager or his or her designee shall be final, subject only to judicial review.

(F) Payment arrangements. The city manager or his or her designee is authorized to make such payment arrangements with delinquent customers in accordance with policies promulgated by the city manager.

(G) Reconnect charge. Utility services suspended pursuant to this chapter shall not be reconnected until the delinquent bill and a reconnect charge of $25.00 have been paid. (Ord. 466 §2, 1981; Ord. 825 §2, 1989; Ord. 1678 §1, 2002)

(A) Lien. All charges prescribed by this code relating to the provision of water and sewer service, together with the cost of collecting them, including court costs and attorneys' fees, are a lien that is prior and superior to all other liens, claims titles, and encumbrances, whether prior in time or not, except liens for general taxes, and remain a lien upon the real property served by the water and sewer connection from the date such charges and the cost of collecting them, if any, become due, until they are paid. The amount due shall be collected as though it was part of the real estate taxes.

(B) Enforcement of lien. The city may enforce the lien against the property or the liability against the property owner in any action at law or an action to enforce the lien. If any person in possession of any premises, building, lot, house, or other dwelling unit pays the entire charges due and owing, the payment relieves the property owner from such liability and the premises from the lien. However, the city is not required to look to any person other than the owner of the premises, building, lot, house, or other dwelling unit for the payment of the charges.

(C) Condominiums. For condominiums or other properties to which water is furnished by means other than by metering the consumption of each unit, the lien for the unpaid water and sewer service charges, and costs of collection, if any, imposed by subsection (A) above attaches upon each unit in an amount computed by dividing the total amount of the lien by the number of units.

(D) Change of ownership. No change of ownership of occupancy shall be deemed to affect the applicability of this section. The failure of any property owner to learn that he or she purchased property against which a lien for water or sewer services exists does not affect the property owner's liability for payment in full and is not a basis for a claim against the city for refusing to turn the water on. (Ord. 825 §3, 1989)

(A) Forfeiture. If any charges made pursuant to this title 13 remain unpaid for a period of one year from the date upon which the charges were due, the right to receive water and sewer service from the city shall be forfeited, and any water license, water tap, sewer license, and sewer tap which has been issued shall be void and of no further effect. The city shall not be required to refund any license or tap fees upon forfeiture.

(B) Notification of forfeiture. Water licenses, water taps, sewer licenses, and sewer taps may not be forfeited unless the property owner, as shown on county records, occupant, if different from the property owner, and other persons who have record interests in the property have been given at least thirty days' written notice. The notice shall include:

(1) The cause for forfeiture;

(2) The effective date of the forfeiture; and

(3) A provision advising that the property owner, occupant, and other persons who have a record interest in the property are entitled to an administrative hearing and indicating the hearing procedures.

(C) Hearing procedures. The hearing procedures shall be the same as the hearing procedures for suspension of water service as described in subsection 13-12-040(D) above. (Ord. 825 §4, 1989)