Sec. 13-73. Utility service charges, delinquencies; remedies.
(a) Utility service charges, including but not limited to fees for water services, residential waste and recycling collection and storm water drainage, are hereby declared to be parts of one (1) debt to the Town insofar as the same affect any one (1) customer or consumer, and the refusal or failure to pay any part of such debt for any period of service shall be sufficient cause for the Town to avail itself of any or all remedies as set forth in and in accordance with the provisions of this Chapter.
(b) Payments toward amounts owed for utility services shall be applied first to delinquent amounts, then to late fees, then to restoration fees and then to current service fees.
(c) If any charge imposed pursuant to this Chapter is not paid by the date due, the Town may avail itself of any or any combination of the following remedies, in addition to any other available remedies, to the extent not inconsistent with 11 U.S.C. Section 366:
(1) The Town may consider any utility service fee a lien upon the respective lots or parcels of land of each customer from the time when due and a perpetual charge against such lots or parcels of land until paid; the Town may foreclose any lien imposed by this Chapter in accordance with the law.
(2) The Town may maintain an action in any court of competent jurisdiction for the amount of the charge due and any interest, costs and attorney’s fees as allowed by law.
(3) The Town may certify the amount of the charge due to the County Clerk and Treasurer, together with an assessment fee provided for by resolution, to become an assessment upon the property served and to be collected and paid over to the Town Treasurer in the same manner as taxes.
(4) The Town may discontinue water service in the following manner:
a. The Town shall send a written discontinuation notice to the record owner stating that, absent timely full payment of delinquent service charges, water service to the property will be discontinued as of the first Tuesday of the month following the date of the notice.
b. If payment of any charge imposed pursuant to this Chapter is made by a dishonored check, a bad check fee in the amount established by resolution shall be imposed in addition to such charge, and such charge shall be considered delinquent in the same manner as if no payment had been made.
c. The payment of any charge imposed pursuant to this Chapter shall be considered delinquent if not received in the offices of the Town before the close of business, pursuant to office hours as established from time to time, on the last day specified for payment pursuant to this Chapter.
(d) If water service is discontinued as provided in this Section, water service shall not be reinstated to the property until all past due and current charges imposed pursuant to this Chapter and due the Town have been paid in full, including any restoration fee established herein for involuntary disconnections, as well as all amounts due the Town pursuant to any other fee, assessment or other charge which has been imposed by the Town pursuant to this Code and/or which has been made a lien against the property, including but not limited to inspection and testing fees. (Ord. 1312 §1, 2019)