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City of Menan

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TITLE 5 PUBLIC UTILITIES AND PROPERTY

CHAPTER 1 SEWER CONNECTIONS AND CHARGES

SECTION 5-1-5 RULES GOVERNING CONNECTION FEES

   
  (A)          Any applicant for a sewer connection to any lot abutting
  on a street, alley or other right-of-way containing a main sewerline shall therefore pay the full connection fee. 
   
  (B)           In case wherein two (2) or more dwellings exist on any lot under the same ownership, and if any such dwellings are located to the rear of the other or if at least 75 feet (75') from the property line abutting on any street, alley or right-of-way containing a main sewer line, the rear dwelling shall be charged one-half the applicable full-connection fee where the owner thereof requested only one stub for dwellings on such lot and the same service lateral is used for all such dwellings.
   
  (C)          In any "Business Block," or shopping center containing more than one adjoining business or commercial establishment under one ownership, where more than one such establishment is connected with the same lateral but separate applications for service are made and separate billings requested, one of such establishments shall pay the applicable full-connection fee, and each additional establishment shall pay one-half the applicable connection fee required for connection of similar size.
   
  (D)          Any person owning unimproved real property which does not abut a street, alley or right-of-way containing a main sewer line and who subdivides the same for construction of dwellings, shall install at his own cost all collection lines acceptable to the City and connect the same to an existing main sewer line at a place to be determined by the City Council and all at the cost and expense of said subdivider. Each lot shall pay a hookup cost.
   
  5-1-6                        DOMESTIC AND COMMERCIAL USER CHARGES (OUTSIDE CITY): The sewer user charge for treatment of sewage collected outside of the City shall be computed by multiplying the number of equivalent users determined from the above schedule by 1.28. The purpose of this extra charge is used to compensate for expenses attributed to users outside the city limits which are not covered by city taxes.
   
  5-1-7                        METERED SERVICE: Whenever the Council shall deem it appropriate and in the best interests of the City and its citizens to require a user to have the sewer and/or water service to his facilities metered to more appropriately determine the amount of service provided such user by the system, the Council may by resolution require the said user to install a meter and/or meters which will accurately measure the services provided; and the Council may further establish by resolution the rates to be charged for such service as will properly pay the fair share of the services provided such user. The cost of the meter and its installation shall be borne by the user.
   
  5-1-8                        PENALTIES FOR VIOLATION; DELINQUENT ACCOUNTS
   
  (A)          Penalties for Violation: Any person who shall violate any provision of the Sanitary Sewer System Ordinance upon conviction thereof shall be deemed to be guilty of a misdemeanor, and shall be fined not to exceed $500.00 or imprisoned not to exceed thirty (30) days, or be both fined and imprisoned. Any violation of any or all provisions of this chapter for any one (1) day shall constitute a separate offense. In addition to such fine and imprisonment, such person shall be liable for any expense incurred by the City in enforcing this chapter. 
   
  (B)           Delinquent Accounts: When assessed fees are not paid within sixty (60) days after the due date, the City may disconnect such services or any other services the City provides, to a delinquent customer. In a case where one or more such services is discontinued for delinquency, it shall not be restored until such delinquency is paid in full or arrangements for payment have been made and approved by the City. In addition, a fee of $200.00 shall be assessed for restoring service that has been discontinued for delinquency. Such disconnection of service must comply with section 5-1-10 or amendments thereto.
   
  5-1-9                        BILLING PROCEDURES AND DUE DATE: Fees assessed for metered water, municipal collection and sanitation services, and sewage collection and treatment, shall be combined in one (1) monthly bill and shall be mailed or otherwise delivered to users monthly in the month following that month for which the service was rendered. The owner of each premises utilizing such services shall be deemed primarily liable for the payment of such fee. Acceptance by the City of payment from a tenant shall not constitute a waiver by the City of the owner's primary liability for charges for such services which were not paid by the tenant. The fee assessed for such services shall be due within fifteen (15) days of the date of mailing, or other delivery or each monthly billing. When the 15th day falls upon a legal holiday, or on a day when the City offices are not open for business, the next regular business day is considered as the final due date. Where remittances are made by mail, assessed fees shall be deemed paid on the date of mailing as shown by the postmark. A delinquency charge of ten percent (10%) shall be added to each delinquent bill for each period of thirty (30) days delinquency or fraction thereof. Failure to receive a billing for services rendered does not excuse the user from liability for services rendered.
   
  5-1-10                      TERMINATION OF SERVICES: In the event any owner or occupant fails to pay the monthly fees as set forth herein, or otherwise fails to comply with the provisions of this Chapter, then the City may terminate and disconnect sewer services to the premises receiving services or any other property owned by the customer receiving such services. Such termination of services shall conform to the following procedures:
   
  (A)          Whenever a bill becomes delinquent for more than sixty (60) days, or upon the customer's failure to comply with this Chapter, the City Clerk shall serve notice of termination through personal service by the Sheriff's Department to the customer and the customer's service may thereafter be terminated upon compliance with the procedure set forth herein. The notice of termination shall contain the following:
  (1)   The customer's name and mailing address;
   
  (2)   The address or addresses where service is being delivered;
   
  (3)    The customer's account number under which the default has occurred;
  (4)   A statement that the customer's account is delinquent and the amount of such delinquency as of a specified date, or a statement of the reason for the proposed disconnect;
  (5)   A statement that the customer is entitled to a hearing regarding the alleged default;
  (6)   The period of time within which the customer must appear for hearing; and
  (7)   A statement that if customer does not appear within thirty (30) days to request a pre-termination hearing, the amount of the delinquency or the default will be deemed to be correct and that the customer's sewer services may be discontinued immediately thereafter if the bill is not sooner paid or unless a written arrangement for payment of the billing satisfactory to the City Clerk is made, or unless the default is immediately corrected.
   
  (B)           The period of time in which the customer must appear to request a pre-termination hearing shall not be less than thirty (30) days and shall commence the day after the date the notice of termination is personally served by the Sheriff's Department. If the customer fails to request a pre-termination hearing within such time period and the bill has not been paid, or satisfactory arrangements for the payment thereof have not been made, or the customer's default has not been satisfactorily corrected, the City Clerk may immediately issue an order to discontinue service to such customer. If the customer appears at the hearing, the City Clerk shall hear the customer's complaint, review and examine the testimony and evidence presented and forthwith render a decision based upon such testimony and evidence upon the records of the City. The City Clerk may render a decision at the hearing or may render a decision in writing, and in such case shall mail a copy thereof to the customer. In the event the City Clerk finds the customer to be in default, the City Clerk shall advise the customer that his or her sewer service will be discontinued at the expiration of three (3) days after notice of the Clerk's decision is given or mailed, unless the customer's default is satisfactorily corrected before such date. Termination of sanitation service may be made of any or all accounts under the name of the customer in default, regardless of whether or not the default relates to the premises or account for which termination is ordered.
   
  (C)          Prior to termination, the City shall notify the State Health Department. Except in an emergency, sewer service disconnection will not take place after noon on Fridays, and shall not take place on Saturdays, Sundays, Holidays, or Holiday Eves.
   
  (D)          Reconnection of sewer will take place only after the reason for the termination has been remedied, including the payment of all overdue system fees and charges, deposits, disconnection fees and reconnection fees.
   
  (E)           The Notice of Termination shall also be published in the official newspaper of the City, at least thirty (30) days prior to the disconnection of services.