§ 36-26. Application for service; rates and charges.
(a)
Application for connection. Application for service and request for extended payment period shall be made by the owner or his agent on a special form furnished by the town. The application shall be supplemented by any plans, specifications or other information considered pertinent in the judgment of the director of public works. At the time of filing application, the owner shall have the option of making payment for the water meter installation charge, sewer connection charges and/or water pollution control charges stated in subsections (e), (f) and (h) of this section, respectively, in advance at the time or filing of application or over an extended period through the following financing schedule:
(1)
If only a water meter installation charge is due, owner shall have a payment period of two calendar years, at an eight percent per annum interest rate, with payments to be made monthly along with monthly utility bills;
(2)
If sewer connection and water pollution control charges are due, owner shall have a payment period of four calendar years, at an eight percent per annum interest rate, with payments to be made monthly along with monthly utility bills; or
(3)
If sewer connection, water pollution control and water meter installation charges are due, owner shall have a payment period of six calendar years, at an eight percent per annum interest rate. The option of extending payments of connections charges through the aforementioned financing schedule shall apply only to the class of residential (single-family residences or living units) users and to commercial, industrial and business users, it shall not apply to those users owning vacant property. In the event that an owner sells or disposes of his property or is delinquent in the payment of connection charges, the payment of connection charges to the town shall become immediately due and payable thereon or a lien shall be placed on the property as provided in subsection (k) of this section. Costs for time and material to connect to mains or provide for commercial or industrial waste will be included in a subsequent billing for services if not known at time of filing application; however, all such charges shall be paid in full before service lines are placed in operation. with payments to be made monthly along with monthly utility bills.
(b)
Connection costs to be borne by owner. All cost and expense incident to the connection of the water service line and/or building sewer from the owner's building to the town water meter and/or sewer stub-out shall be borne by the owner. The owner shall indemnify the town from any loss or damage that may be directly or indirectly occasioned by the connection of the building sewer. Any connection from the town property line into the public mains will be made by the town, for which the owner shall pay the town the applicable costs as provided in subsections (e) and (f) of this section.
(c)
Water rates. Water rates shall be as follows:
(1)
Schedule 1.
Water Rate Schedule—Schedule 1
a.
Applicable to service which supplies a single-family residential or living unit.
b.
Limitations: Resale prohibited.
c.
Size of metered connection: Water shall be delivered through three-fourths-inch to ten-inch meter, as available and at the option of the town.
d.
Monthly rate:
Minimum Monthly Charge Schedule Effective date 11/1/2018 Charge for each service as defined $16.96 User Charge Schedule (per 1,000 gallons or portion thereof) Effective date 11/1/2018 Water use (gallons) 0—4,000 $2.12 4,001—8,000 $2.65 8,001—12,000 $3.98 12,001—20,000 $5.56 20,000+ $7.23 (2)
Schedule 2.
Water Rate Schedule—Schedule 2
a.
Applicable to service which supplies residential or living units of which the water connection has additional services extending therefrom. Each additional service shall be construed to include each apartment unit, condominium unit, housekeeping cottage, guest house, or house trailer.
b.
Limitations: Resale prohibited.
c.
Size of metered connection: Water shall be delivered through three-fourths-inch to ten-inch meter, as available and at the option of the town.
d.
Monthly rate:
Minimum Monthly Charge Schedule
Effective date 11/1/2018 Charge for each service as defined $14.42 User Charge Schedule
(per 1,000 gallons or portion thereof)
Effective date 11/1/2018 Water use (gallons) All use $2.65 (3)
Schedule 3.
Water Rate Schedule—Schedule 3
a.
Applicable to any domestic water connection such as hotels, motels, nonhousekeeping-type living units and similar type living quarters, or other related facilities with multiple services extending therefrom. Service shall be construed to include each nonhousekeeping-type unit or related facility.
b.
Limitations: Resale prohibited.
c.
Size of metered connection: Water shall be delivered through three-fourths-inch to ten-inch meter, as available and at the option of the town.
d.
Monthly rate:
Minimum Monthly Charge Schedule
Effective date 11/1/2018 Charge for each service as defined $14.42 User Charge Schedule
(per 1,000 gallons or portion thereof)
Effective date 11/1/2018 Water use (gallons) All use $2.65 (4)
Schedule 4.
Water Rate Schedule—Schedule 4
a.
Applicable to each service supplying any motor vehicle service station, automobile, car wash, laundry, coin laundry, restaurant or business serving prepared food to the public, school, church, commercial business, industrial business, governmental organization, or assisted living facility providing congregate, nursing or dementia care or related services.
b.
Limitations: Resale prohibited.
c.
Size of metered connection: Water shall be delivered through three-fourths-inch to ten-inch meter, as available and at the option of the town.
d.
Monthly rate:
Minimum Monthly Charge Schedule
Effective date 11/1/2018 Monthly Charge by Meter Size ¾ inch $16.96 1 inch $38.15 1.5 inch $59.36 2 inch $84.78 3 inch $169.57 4 inch $423.91 6 inch $847.82 8 inch $1,356.51 10 inch $1,949.98 User Charge Schedule
(per 1,000 gallons or portion thereof)
Effective date 11/1/2018 Water use (gallons) All use $2.65 (5)
Schedule 5.
Water Rate Schedule—Schedule 5
a.
Applicable to each service supplying service to separately metered irrigation systems.
b.
Limitations: Resale prohibited.
c.
Size of metered connection: Water shall be delivered through three-fourths-inch to ten-inch meter, as available and at the option of the town.
d.
Monthly rate:
Minimum Monthly Charge Schedule
Effective date 11/1/2018 Monthly Charge by Meter Size ¾ inch $16.96 1 inch $38.15 1.5 inch $59.36 2 inch $84.78 3 inch $169.57 4 inch $423.91 6 inch $847.82 8 inch $1,356.51 10 inch $1,949.98 User Charge Schedule
(per 1,000 gallons or portion thereof)
Effective date 11/1/2018 Water use (gallons) Tier 1 $3.98 Tier 2 $5.56 Tier 3 $7.24 Water Use By Meter Size
Tier Number Tier 1 Tier 2 Tier 3 Water use
(gallons)¾ inch 0—12,000 12,001—20,000 > 20,000 1 inch 0—27,000 27,001—45,000 > 45,000 1.5 inch 0—42,000 42,001—70,000 > 70,000 2 inch 0—60,000 60,001—100,000 > 100,000 3 inch 0—120,000 120,001—200,000 > 200,000 4 inch 0—300,000 300,001—500,000 > 500,000 6 inch 0—600,000 600,001—1,000,000 > 1,000,000 8 inch 0—960,000 960,001—1,600,000 > 1,600,000 10 inch 0—1,380,000 1,380,001—2,300,000 > 2,300,000 (6)
Schedule 6.
Water Rate Schedule—Schedule 6
In case of a dispute as to the number of services which should apply under Schedules 2 and 3, the following alternate method of determining the number of services shall be used:
a.
Schedule 2: Or any other single service which supplies plumbing fixtures with a load value of five, but not to exceed 20 fixture units as defined by Table 1304.2 of the Standard Plumbing Code. For any additional service of which the load value exceeds 20, or fractional part thereof, each multiple or fraction shall constitute another service for the purpose of computing applicable service charges.
b.
Schedule 3: Or any other single service which supplies plumbing fixtures with a load value of five, but not to exceed 12 fixture units as defined by Table 1304.2 of the Standard Plumbing Code. For any additional service of which the load value exceeds 12, or fractional part thereof, each multiple or fraction shall constitute another service for the purpose of computing applicable service charges.
Water Rate Schedule—Schedule 7
Private Fire Protection Service. Fire protection service charges shall be billed at the monthly charge of $40.00. Fire protection service, via either private hydrants or sprinkler systems, shall be installed from the connection to the main inward at the expense of the customer. No taps will be allowed which may be used for other than fire protection purposes, and unless pursuant to a special permit from the town manager, there shall be no connection with any other water source except in case of a storage tank as a secondary supply for such fire protection.
(d)
Sewer rates. Sewer rates shall be as follows:
(1)
Schedule 1.
Sewer Rate Schedule—Schedule 1
Applicable to service which supplies a single-family residential or living unit.
Minimum Monthly Charge Schedule
Effective date 11/1/2018 Charge for each service as defined $21.32 User Charge Schedule
(per 1,000 gallons or portion thereof)
Effective date 11/1/2018 Water use (gallons) All use $4.16 Maximum Bill
Effective date 11/1/2018 Not to exceed $71.25 (2)
Schedule 2.
Sewer Rate Schedule—Schedule 2
Applicable to service which supplies residential or living units of which the water connection has additional services extending therefrom. Each additional service shall be construed to include each apartment unit, condominium unit, housekeeping cottage, guest house, or house trailer.
Minimum Monthly Charge Schedule
Effective date 11/1/2018 Charge for each service as defined $18.11 User Charge Schedule
(per 1,000 gallons or portion thereof)
Effective date 11/1/2018 Water use (gallons) All use $4.16 (3)
Schedule 3.
Sewer Rate Schedule—Schedule 3
Applicable to any domestic water connection such as hotels, motels, non-housekeeping-type living units and similar type living quarters, or other related facilities with multiple services extending therefrom. Service shall be construed to include each non-housekeeping-type unit or related facility.
Minimum Monthly Charge Schedule
Effective date 11/1/2018 Charge for each service as defined $18.11 User Charge Schedule
(per 1,000 gallons or portion thereof)
Effective date 11/1/2018 Water use (gallons) All use $4.16 (4)
Schedule 4.
Sewer Rate Schedule—Schedule 4
Applicable to each service supplying any motor vehicle service station, automobile, car wash, laundry, coin laundry, restaurant or business serving prepared food to the public, school, church, commercial business, industrial business, governmental organization, or assisted living facility providing congregate, nursing or dementia care or related services.
Minimum Monthly Charge Schedule
Effective date 11/1/2018 Monthly Charge by Meter Size ¾ inch $ 21.32 1 inch $47.95 1.5 inch $74.58 2 inch $106.54 3 inch $213.08 4 inch $532.69 6 inch $1,065.39 8 inch $1,704.63 10 inch $2,450.41 User Charge Schedule
(per 1,000 gallons or portion thereof)
Effective date 11/1/2018 Water use (gallons) All use $4.16 (5)
Schedule 5.
Sewer Rate Schedule—Schedule 5
a.
Applicable to any commercial or industrial type service which the town considers to require pretreatment upon construction or whose sewage strength is found to require pretreatment during actual operation.
b.
Monthly charge to be evaluated on an individual basis, but no less than the monthly rates applicable in Schedule 4. Pretreatment will be required for sewage of excessive BOD and/or suspended solids values. For industries referenced therein, evaluation of monthly charges will be in accordance with the applicable portions of the Federal Guidelines for the Recovery of Industrial Waste Treatment Costs in Municipal Systems, October, 1971, issued by the U.S. Environmental Protection Agency. Commercial or industrial sewer account holders who discharge waste into the system which exceeds any of the following domestic sewage strength factors (B.O.D. 300 ppm; C.O.D. 300 ppm; T.S.S. 350 ppm) shall be charged an additional treatment charge based on the percentage of the largest strength factor difference between such waste and domestic sewage applied to the sewer service rates.
(e)
Minimum monthly charge (availability fee).
(1)
Beginning on October 1, 2011, all occupied or unoccupied buildings and dwelling units which are connected to the water and sewer services of the town, including, but not limited to, single-family residences, duplexes, multi-unit apartments, condominiums, trailer parks, motels and hotels, commercial, industrial, irrigation and metered construction sites, shall be subject to the minimum monthly charges set forth in subsections (c) and (d) of this section for water, sewer, or both, even in months when there is no consumption or usage of water or sewer services by the customer. The town manager is authorized to waive imposition of the minimum monthly charges, at his sole discretion, only if the customer's unit is unoccupied and uninhabitable due to structural damage (e.g., fire or storm damage).
(2)
The town will commence imposing the minimum monthly charges against the owner upon termination of the tenant's service through the date a new account is established for the property either in the name of the owner or in the name of a subsequent tenant.
(f)
Water meter installation charges. The following schedule of installation charges covers meter installations where there is an existing service stub-out within ten feet or less of the property line. Costs to extend a water main or service line to serve an applicant shall be at the expense of the applicant. These charges consist of cost of materials, labor, and the proportionate cost of water plant and distribution system.
(1)
Three-fourth-inch service, three-fourth-inch meter ..... $650.00
(2)
One-inch service, one-inch meter ..... 1,080.00
(3)
One and one-half-inch service, one and one-half-inch meter ..... 1,500.00
(4)
Two-inch service, two-inch meter ..... 3,000.00
(5)
Three-inch service, three-inch compound meter ..... 4,570.00
(6)
Four-inch service, four-inch compound meter ..... 7,920.00
(7)
Six-inch service, six-inch compound meter ..... 17,600.00
Metered service connection larger than six inches in size to be quoted on application. Estimate of cost to be prepared by the director of public works. Payment shall be made as provided in subsection (a) of this section.
(g)
Sewer connection charges.
(1)
Residential. The connection charge shall be two times the amount of the water meter installation charge where there is an existing service stub-out within ten feet or less of the property line, plus $25.00 to cover inspection by the town. Costs to extend a sewer main or service line to serve an applicant shall be at the expense of the applicant. These charges consist of cost of materials, labor and the proportionate cost of the sewage collection system.
(2)
Commercial or industrial. Connection charge shall be computed the same as residential except an additional waste charge may be applied, as determined by the director of public works, on an individually evaluated basis to recover costs of treatment of industrial type wastes of excessive strength and/or quantity, but in no case will the charge be less than $1,300.00, plus a $25.00 inspection fee.
Payment shall be made as provided in subsection (a) of this section.
(h)
Application for building permits to construct a potable water system and/or a sewage disposal system by private party where town service is not available. At the time of filing application, the owner shall make advance payment according to the following fee schedule:
(1)
Single-family residences, per lot ..... $30.00
(2)
Multifamily residences, per unit ..... 14.00
(3)
Commercial, per 1,000 square feet of land area ..... 25.00
(i)
Water pollution control charge.
(1)
Except as hereinafter provided in this subsection, the owner of each lot or parcel of land whose property initially receives sewage collection service from the public system shall pay to the town, at the same time as connection charges are paid under subsection (f) of this section, a pollution control charge computed as follows: A fee of $40.00 per fixture unit value as determined by the town manager or his designee.
(2)
The charges in subsection (i)(1) of this section do not include costs for connection to sewer, inspection charge and other costs to be paid by the customer.
(j)
Increase in charge authorized. At such time as the use of any lot or parcel of land service by such extension changes so as to increase the number of fixture units, then an additional charge of $40.00 per fixture unit value, as determined by the town manager or his designee, shall be due and payable at the time the plumbing permit is approved, regardless of whether any pollution control charge was ever imposed or paid at the time of initial connection to the public system.
(k)
Disposition of revenues received. All revenue derived from the water pollution control charges imposed by subsections (h) and (i) of this section shall be placed in a separate capital improvement fund to be known as the Pollution Control Trust Fund, and shall be used only for the construction or acquisition of additions, extensions, renewals and replacements to the sewage treatment plant and pumping stations of the public system, as appropriated from time to time by the town council.
(l)
Disposition of revenues received. All revenue derived from the water meter installation charges and sewer connection charges imposed by subsections (e) and (f) of this section shall be placed in a separate capital improvement fund to be known as the Public System Connection Capital Improvement Fund, and shall be used only for the construction or acquisition of connections, manholes, including renewals and replacements of connections and meter installations, plant expansion or renewal and replacements, expansion or extension of the collection system, including construction of or acquisition of additions, extensions, renewal and replacement to the sewage treatment plant and pumping stations, or used to extend, renew or replace the water system, including lines, wells, or any other appropriate use for improvement of the public system as may be appropriated from time to time by the town council.
(m)
Application and deposit. It shall be unlawful to use the town's water system without first making application in writing to the town for service and paying all charges and deposits incident to the applications. The applications shall be made on forms furnished by the town and shall constitute an agreement by the consumer with the town to abide by the rules of the town in regard to its service of water. Application for service requested by firms, partnerships, associations and corporations shall be tendered only by their duly authorized agents, and the official title of the agent shall be shown on the application.
(1)
Deposits for water and/or sewer. Every user of water and/or sewer from the water and sewer system shall pay or cause to be paid the deposits identified below, prior to their use of such water and/or sewer service, unless otherwise provided herein. Deposits shall be a means by which the town shall recoup its losses if a customer does not pay a water and/or sewer bill.
a.
Deposits for Schedule 1, water and sewer customers shall be an amount of one hundred seventy-five dollars ($175.00).
b.
Deposits for Schedule 2, water and sewer customers, shall be an amount of one hundred seventy-five dollars ($175.00) per living unit.
c.
Deposits for Schedule 3 and 4, water and sewer customers, shall be an amount per meter size as follows:
¾″ meter - $175.00
1″ meter - $250.00
1½″ meter - $300.00
2″ meter - $600.00
2½″ and higher meter - $1,200.00
(n)
Application for temporary service. Temporary service, such as service for circuses, fairs, carnivals, construction work and the like, shall be provided upon written application accompanied by a $600.00 deposit.
(o)
Payment of bills; delinquent accounts.
(1)
Bills. All meters shall be read and bills for all charges shall be rendered monthly and shall be due and payable on or before the 20 th day following the billing date for which service was rendered. Where any meter is defective or the customer has prevented the meter from being read, the customer shall pay for that month an amount equal to the average amount charged for the two months preceding. Failure to receive a bill does not relieve the customer from payment obligation nor charges for late or delinquent payments. It is the customer's responsibility to notify the town of any mailing address changes.
(2)
Returned payments. A charge will be assessed for any returned payment. Any returned payment that was made in order to avoid being cut off for non-pay will result in immediate disconnection. Any normal monthly payment will be given a written notice to pay the check and fees within five business days. Failure to pay the returned payment within five business days will then result in immediate disconnection. Subsequent returned payments on an account will result in the town only accepting cash or money orders for future payments.
(3)
Penalties. If any person is 20 days or more delinquent in paying water and/or sewer fees, there shall be assessed against such person a penalty equal to one and one-half (1½) per cent of the unpaid balance. All utility bills are due and payable upon receipt.
(4)
Disconnection upon failure to pay bill. All accounts shall be due and payable on the due date printed on the utility bill. In the event of the failure of a consumer to pay for any services supplied by the town (water, sewer, refuse and other charges provided for) the town shall have the right to disconnect the water supply on the termination date indicated on the bill. If payment is not made prior to 8:00 a.m. on the designated cutoff date as indicated on the bill, payment shall be considered late and a late payment fee of $30.00 will be assessed. If cut off notices have left the town Hall with the meter technician, it is essentially sent for cut off and will require payment in full as indicated on the cut off notice, which will include the late payment fee of $30.00, as well as the reconnect fee of $30.00. Water service is considered disconnected when meter technicians have left the office with the cut off notices. Base charges continue to accrue even if account is not paid.
a.
The Town may offer an extension to a tenant/property owner who cannot pay the balance on the account by the cut-off date. The extension fee of $30.00 shall be required. Consumer will be given for up to a period of up to ten days or before the next billing date, whichever is first, to pay the balance. Any customer who does not pay the balance as agreed will be subject to automatic disconnection of service. At that time, a reconnect fee of $30.00, as well as the past due balance will be required prior to turn-on. Any customer who has two instances of failing to pay an extension agreement will not be approved for a future extension.
b.
In the event that water service has been turned off and is restored without authorization by the town, the town shall turn off service to the water meter and shall not restore service until the customer has paid the entire amount of the utility account, plus charges of meter tampering/cut lock fees, turn on and turn off charges, and immediate deposit if one is not already applied to account.
(5)
A monthly payment plan can be established for property owners only to satisfy liens or other significantly large balances due to a leak or an unforeseen high usage month, greater than 20k gallons. Payment plans can range from two to 12 months for liens and not to exceed three months for other significantly large balances. Lien interest will continue to accrue until the balance is paid in full. The current bill and monthly payment plan amount is due each month by the due date. Any customer who does not pay as agreed will be subject to disconnection of service. Service shall not be reconnected until the account is paid in full including all service charges, and the account will continue to incur base charges during that time. No further payment plans will be allowed on the account. All payment plans will be reviewed and approved by the Finance Director.
(6)
Lien for delinquent utility bills. The town shall have a lien on all lands or premises served by the public system for all service charges for such facilities or any part of them until paid, which lien shall be prior to all other liens on such lands and premises except the lien of the state, county and municipal taxes and shall be on a parity with the lien of such state, county, and municipal taxes. Such liens, when delinquent for more than 30 days, may be foreclosed by such municipality in the manner provided by the laws of the foreclosure of mortgages on real property. The lien shall also include interest at the rate of eight percent accrued from the termination of 30-day period and such actual costs, including recording fees, that shall have been incurred by the town.
(7)
The Town reserved the right to pursue outside collection methods for delinquent accounts at the discretion of the Finance Director.
(8)
The Town shall have the right to transfer a delinquent bill at one address to the account of the same consumer at another address, and shall have the right to refuse to furnish water services or discontinue furnishing water services at the latter address for nonpayment of the transferred bill.
(p)
Adjustment of bills.
(1)
Leak adjustment. An adjustment to the bill may be authorized by the Finance Director or designee when a documented leak causes a 100% or more increase in a customer's prior 12 month average consumption. Documentation of repairs must be received and adjustments are limited to one occurrence during a 12 month period. Adjustments may be given for up to 90 days prior to the adjustment date.
(2)
Pool adjustment. An adjustment to the bill may be authorized by the Finance Director or designee when a permitted new pool construction, repair, or refill occurs. A credit will only be given to the sewer portion of the bill that is above customer's prior 6 month average. Documentation must be received within 90 days of billing date, and adjustments are limited to two occurrences during a 12 month period.
(3)
Rare and extraordinary event. An adjustment to the bill may be authorized by the Finance Director when a severely unusual event occurs resulting in greater than a 400% increase over average consumption. Adjustments are limited to one occurrence during a 24 month period. Adjustments may be given for up to 90 days prior to the adjustment date.
(q)
Miscellaneous rates, charges and fees.
(1)
If a customer requests a service call for any reason not listed below, a trip charge of $50.00 will be billed to the account. If the reason for the service is determined to be Town's responsibility, the charge may be waived.
(2)
There shall be a service charge for commencing water and/or sewer services of ($50.00) for administrative charges for starting a new billing when such service was previously furnished or temporarily suspended at the request of the customer.
(3)
Meter Tampering charge - $50.00
(4)
Replacement of broken curbstop related to utility theft or owner repairs - $150.00
(5)
If a meter is pulled per owner's written request, the customer will be charged a meter pull fee in the amount of $80.00. If the meter needs to be reinstated at a later date, the customer will be charged $80.00. At no time can a tenant request a meter to be pulled.
(6)
If water service is transferred to another residence, a $25.00 transfer fee shall be charged.
(7)
If water service is turned off upon the request of the customer, a reconnect fee of $50.00 shall be charged.
(8)
Meter Test - If meter smaller than two inches is found to be not more than 2% fast, a charge of $80.00 will be billed to the customer. The cost to the customer for testing of any meter of two inches or larger shall be equal to the town's actual cost to have the meter tested. If meter is proved to be faulty, the expense of the test will be borne by the town.
(9)
Re-reads - If the customer requests a meter be re-read by the town, a fee of $45.00 will be charged when it is determined that the initial read was not in error. If the re-read was an error by the town, the bill will be recalculated to the best estimate of what the reading should have been at the time of the incorrect reading.
(r)
Meter testing. The Town reserves the right to remove the meter and check, repair, or replace it at any time at no cost to the customer. Meter testing only applies to mechanical issues, not re-reads. Meter testing shall be done at the customer's request and in accordance with the following guideline:
(1)
Adjustment of bills for meter error. If a meter is found to be inaccurate, the amount of the overbilled usage will be refunded or credited. The period of the refund or credit will be limited to the previous six months.
(s)
Termination of contract for water service by applicant. An applicant for service may terminate his contract for such service at any time by giving notice in writing to the town. In case such notice is not given, then such user shall be liable for water consumed thereafter and for the minimum monthly rate or charge, even though he may vacate the premises or premises may be occupied by other parties who fail to make application for service. Verbal notices shall not be binding upon the town.
(t)
Change of ownership or occupancy of premises. In the event of any change of ownership or occupancy of any premises served by the water system of the town, such new owner or occupant shall immediately notify the town of change in writing. If any new owner or occupant shall fail to give such notice, or shall fail to apply for water service, and if the prior owner or occupant shall have failed to terminate his contract with the town for water service then the use of the water services of the water system of the town shall be deemed to be an acceptance by such new owner or occupant of all of the contract obligation of the prior owner or occupant of the town, and such new owner or occupant shall continue to be subject to all of the provisions of this section as fully and completely as if such new owner or occupant had applied for service and such application had been accepted.
(u)
Right of town to refuse or terminate service.
(1)
The town reserves the right by unilateral acts in its sole discretion to refuse service or to terminate service temporarily, or to discontinue service in all instances when conditions exist which would constitute an emergency of public concern, or when the providing of any service would constitute a threat to the safety, health or welfare of customers generally or a significant portion of the customer population. When discontinuance or termination of service can be remedied by an act of the customer, the town shall provide notice of remedial action to the customer in order that service may be continued uninterrupted. Acts considered to be remedial by the customer, and for which service may be temporarily terminated, discontinued or interrupted, are the following:
a.
Failure to pay required deposits for service.
b.
Failure of the customer to meet the provisions of a developer's agreement as related to utility requirements or other agreements with the town.
c.
Failure to correct deficient piping or other components upon the customer's property after reasonable notice thereof by the town.
d.
Use of service for any other property or purpose than that described in the permit or applications.
e.
When requested by customer, in which case resumption of service shall be accomplished in accordance with town policy as herein provided.
(2)
The town reserves the right by unilateral act in its sole discretion to refuse service, to terminate service temporarily, or to discontinue service without notice under the following circumstances:
a.
Causing, or allowing to exist, a hazardous condition with respect to the location, use of or access to any utility service or component.
b.
Alteration or modification of any transmission or metering component or device used in providing any utility service to the customer.
c.
Total or partial destruction of, or abandonment of, any structure, including any vacancy for a duration which in the town's opinion, may create a hazardous or unsafe condition or constitute a nuisance.
(v)
Tenants who have incurred delinquent water or sewer charges shall be designated as uncollected on their account. An application for water service shall not be accepted from any person under this designation until the delinquent charges are paid in full.
(w)
Owners who have incurred delinquent water or sewer charges that have resulted in the town creating a lien(s), will be flagged as uncollected on their account and will not be entitled to turn on services until all monies owed have been paid in full to date, including fees and interest as well as a deposit on the account. No owner shall be allowed to rent their property to avoid paying liens recorded by the town. Liened account holders may not set up a separate account for service until the liened account has been paid in full.
(x)
Refund of deposits and interests on deposits.
(1)
Refund of deposits.
a.
For commercial customers and master-metered residential accounts (of five units or more) and residential customers who have had continuous service for a period of 24 months, the town shall refund the customer's deposit provided the customer has a good credit history.
b.
The term "good credit history" means that during the preceding 24 consecutive months, a customer:
1.
Never had service discontinued for delinquent payment;
2.
Never had a check returned for non-payment; and
3.
Had no more than one instance of a delinquent payment of a bill.
c.
Current water and sewer customers with a good credit history will not be subject to a deposit requirement. Should future delinquencies occur resulting in a cessation of service, a deposit shall be required prior to the resumption of service.
d.
For commercial customers and master-metered accounts (five units or more) and residential customers, deposit refunds shall be applied as a credit to the customer's account. Each such customer who has established a good credit history as of January 1, 1997, shall receive a credit in the amount of the deposit in the next available billing cycle. As to all other such customers, the deposit will be applied as a credit to each customer's account for the next billing cycle after the customer establishes a good credit history. When the credit exceeds the amount of the bill to which the credit is applied, the balance of the credit shall be applied to the following bill.
e.
For all commercial and residential customers, upon disconnection of service, any deposit held by the town shall be applied toward any unpaid charges, fees and bills. Any remaining deposit shall be refunded to the customer.
f.
Residential customers consisting of single families or master-metered accounts of four units or less will have their deposit held until such time as service is disconnected. The deposit will be applied toward any unpaid charges, fees, and bills. Any remaining deposit will be refunded.
(2)
Interest on deposits. The town shall pay each customer the actual interest earned by the town on the customer's deposit as follows:
a.
Interest accruing on a deposit after January 1, 1997, shall be applied annually as a credit to the customer's account for each January billing cycle commencing thereafter in 1998.
b.
Upon disconnection of service, any interest earned on a deposit which has not previously been credited to the customer's account shall be applied toward any unpaid charges, fees, and bills. Any remaining interest shall be refunded to the customer.
(y)
Hearing on disputed billing.
(1)
Every water and sewer customer shall have the right to have any disputed or believed-erroneous water and sewer billing reviewed at an evidentiary hearing by an employee of the department of public works who is empowered to adjust water and sewer billing as a hearing examiner. The director of public works shall designate such employees to hear customer disputes and adjust bills and shall make at least one such employee available to water and sewer customers during regular office hours and at such other times as the director of public works deems necessary and appropriate. As part of an evidentiary hearing, both the customer and the town shall have the right:
a.
To appear in person and to be represented by a person of his choice, who may be an attorney.
b.
To dispute the amount of or whether he owes the utility bill by presentation of evidence, both oral and documentary, confrontation and cross examination of a person whose testimony is given at the hearing and presentation of oral and written argument.
c.
To examine all documents, records, files, account data and similar material available and in possession of the town which is relevant to the issues to be raised at the hearing.
(2)
The burden of proof shall be upon the town. The hearing examiner shall not be bound by common law or statutory rules of evidence or by technical or formal rules of procedure but may conduct the evidentiary hearing in such manner as to ascertain the substantial rights of the parties. A record, either stenographic or by mechanical recorder, shall be taken and retained by the hearing examiner for at least 60 days of all testimony at the hearing. At the request and cost of the person making the request, the record shall be transcribed and made available. Within ten days after an evidentiary hearing, the hearing examiner shall issue a decision determining:
a.
The validity of the town's grounds for the proposed termination of the customer's water and sewer services.
b.
The amount owed the town by the customer.
c.
Whether the town may terminate the customer's water and sewer service. Such decision shall be in writing, stating the specific findings of fact and reasons for the decision based solely upon the legal rules and evidence adduced at the hearing. If the customer is not satisfied with the disposition of the matter made by the above-described hearing examiner, the customer shall have the right to appeal that disposition to the town manager or the town council at the customer's election. The decision of the town manager or the town council shall be final.
(Code 1967, § 30-8; Code 1999, § 26-23; Ord. No. 1-77, § 1, 12-7-1976; Ord. No. 16-77, § 1, 11-15-1977; Ord. No. 11-79, § 1, 6-19-1979; Ord. No. 20-79, § 1, 11-20-1979; Ord. No. 22-81, § 1, 7-21-1981; Ord. No. 6-83, § 1, 5-3-1983; Ord. No. 28-85, § 1, 10-15-1985; Ord. No. 7-86, § 1, 3-4-1986; Ord. No. 17-86, § 1, 6-3-1986; Ord. No. 4-87, § 1, 3-17-1987; Ord. No. 10-87, § 1, 5-5-1987; Ord. No. 29-87, § 1, 12-1-1987; Ord. No. 56-88, § 1, 10-18-1988; Ord. No. 19-89, § 1, 9-19-1989; Ord. No. 25-93, § 1, 9-7-1993; Ord. No. 17-95, § 1, 10-17-1995; Ord. No. 19-96, § 1, 10-1-1996; Ord. No. 11-99, §§ 1—5, 9-7-1999; Ord. No. 24-00, §§ 1—5, 9-19-2000; Ord. No. 12-01, §§ 1—3, 9-4-2001; Ord. No. 14-04, § 2, 9-21-2004; Ord. No. 19-04, § 2, 12-7-2004; Ord. No. 6-06, § 1, 5-16-2006; Ord. No. 10-07, § 1, 10-16-2007; Ord. No. 10-08, § 2, 11-18-2008; Ord. No. 2-09, § 1, 3-10-2009; Ord. No. 02-10, § 4, 3-9-2010; Ord. No. 13-10, §§ 1(exh. A), 2(exh. B), 11-3-2010; Ord. No. 04-11, § 1(exh. A), 9-20-2011; Ord. No. 02-15, § 1, 3-10-2015; Ord. No. 02-17, § 1(Exh. A), 2-7-2017; Ord. No. 15-18, § 1(Exh. A), 10-16-2018)