§ 13-1-90. Payment of user charges.

(a)

Owner responsible for payment. The owner or owners of any building or premises connected with the Town water or sewer facilities shall be held and deemed liable for the payment of all Utility user charges levied against such building or premises. A tenant in possession of the premises may apply for service and agree to pay the User charges; however, this will not relieve the owner of his or her liability for water, sewer and storm drainage Utility charges levied against the property.

(b)

Utility bills due and payable. The Town shall issue Utility bills for Utility user charges in the Town's normal course of billing. All Utility user charges shall be due when service is provided. The User's failure to receive a billing shall not relieve the User of the obligation to timely Utility user charges before delinquency. Any Utility user charge becomes a Delinquent account if not paid in full on or before the twentieth day of the month after the User receives a billing for such Utility user charges. Water service to a delinquent water account may be discontinued until any Delinquent account is paid in full.

Upon becoming delinquent a late fee (penalty) of one (1) percent of the deficiency shall be assessed against account balances each month if not paid after the 20th day of the month. Any Delinquent account may be charged reasonable attorney's fees and other costs of collection incurred by the Town.

(c)

Payment with an insufficient funds or no account instrument. Payment of utility user charges with an insufficient funds or no account instrument shall cause the account to become delinquent and water service may be discontinued until the utility user charges are paid in full. A notice will be given three (3) days before shut off. The Town shall charge the utility User twenty dollars ($20.00), for any insufficient funds or no account instrument or payment not honored or returned to the Town.

(d)

Delinquent utility user charges are a lien against property.

(1)

All utility user charges when due are and remain a lien upon such building or lot receiving utility service, until such user charges shall be paid in full. The lien is prior and superior to all other liens, claims, titles and encumbrances, whether or not prior in time, except liens for general taxes. Such delinquent charges may be certified to the County Treasurer for collection in the same manner as delinquent general taxes and special assessments upon such property are collected or by any other means provided by law and shall be subject to any penalties and administrative fees as may be set by the County Treasurer. No such lien shall be removed by the Town once it is so certified. Any such lien attachable to any building, lot or other premises shall extend to the whole of such building, and likewise to the whole of each and every lot upon, which such building may be situated. Until all usage charges and penalties due by reason of the use of the Town's water and sewer and storm drainage facilities are paid and discharged, the Town may refuse to supply and may terminate service of water for use upon the premises against which said lien shall exist.

(2)

At least thirty (30) days prior to certification of the delinquent utility bill to the County Treasurer for collection, the Town shall mail notice to the property owner advising him or her that the delinquent utility bill will be so certified if payment is not made by the date required in the notice. Notice shall be by certified mail, return receipt requested. Failure of the property owner to accept delivery of said notice within the thirty-day notice period shall not prevent the certification of the delinquent utility charges for collection.

(e)

Premises considered occupied. All buildings or premises connected to the Town water and sewer facilities shall be held and deemed to be occupied water, sewer and storm drainage usage charges collected thereon. (Prior code 7.01.07; Ord. 11-1987 §1; Ord. 7-1988 §1; Ord. 11-1988 §1; Ord. 5-1991 §2; Ord. 11-2007 §1)

(Ord. No. 1-2016WE , 9-13-16)