CHAPTER 92

WATER RATES

92.01  Service Charges

92.06  Lien Exemption

92.02  Rates For Service

92.07  Lien Notice

92.03  Billing for Water Service

92.08  Customer Deposits

92.04  Service Discontinued

92.09  Temporary Cancellation of Services

92.05  Lien for Nonpayment

92.10  Emergency Disconnection


92.01   SERVICE CHARGES. 
Each customer shall pay for water service provided by the City based upon use of water as determined by meters provided for in Chapter 91.  Each location, building, premises or connection shall be considered a separate and distinct customer whether owned or controlled by the same person or not.

(Code of Iowa, Sec. 384.84)

92.02   RATES FOR SERVICE.  The monthly charge for water consumed by each customer for residential and commercial use shall be:

(Code of Iowa, Sec. 384.84)

1.         First 2,000 gallons or less per month per meter ‑ $10.50.

2.         All gallons in excess of 2,000 gallons per month ‑ $3.95 per 1,000 gallons.

3.         There shall be a $17.25 per month per meter charge to each occupancy unit served by the meter for Capital Improvement Cost.

4.         Contract or Bulk Sales.  The contract or sold in bulk is $20.00 per day service charge and $2.90 per 1,000 gallons.

5.         For the purpose hereof, the term “occupancy unit” means any of the following, whether occupied or vacant:

A.        A separate apartment in a multi-family building of three or more apartments.

B.         A mobile home, whether mounted or dismounted, and whether or not permanently affixed to the ground.

92.03   BILLING FOR WATER SERVICE.  Water service shall be billed as part of a combined service account, payable in accordance with the following:

(Code of Iowa, Sec. 384.84)

1.         Meter Readings; Consumption of Rates.  The City shall electronically read the water meters at each premises served for the purpose of determining monthly rates and charges herein established.  The City or its authorized agents or employees shall manually read the water meters as frequently as may be determined necessary by the City to verify the electronic meter reading.

2.         Bills Issued.  The Clerk shall prepare and issue bills for combined service accounts on or before the first day of each month.

3.         Bills Payable.  Bills for combined service accounts shall be due and payable at the office of the Clerk by the fifteenth day of each month.

4.         Late Payment Penalty.  Bills not paid when due shall be considered delinquent.  A one-time late payment penalty of ten percent (10 %) of the amount due shall be added to each delinquent bill.

5.         Returned Checks.  The City shall charge a service charge of $20.00 to the maker of any check provided as payment for utility bills, for which the drawee of such instrument has refused payment.  Such service charge shall be added to the amount due on the utility bill thereto and collected therewith.  The City shall consider customers who fail to pay such service charge to be delinquent and subject to Section 92.04.

92.04   SERVICE DISCONTINUED.  Water service to delinquent customers shall be discontinued in accordance with the following:

(Code of Iowa, Sec. 384.84)

1.                  Notice.  The Clerk shall notify each delinquent customer that service will be discontinued if payment of the combined service account, including late payment charges, is not received by the date specified in the notice of delinquency.  Such notice shall be sent by ordinary mail to the customer in whose name the delinquent charges were incurred and shall inform the customer of the nature of the delinquency and afford the customer the opportunity for a hearing prior to the discontinuance.

2.                  Notice to Landlords.  If the customer is a tenant, and if the owner or landlord of the property or premises has made a written request for notice, the notice of delinquency shall also be given to the owner or landlord.  If the customer is a tenant and requests a change of name for service under the account, such request shall be sent to the owner or landlord of the property if the owner or landlord has made a written request for notice of any change of name for service under the account to the rental property.

3.                  Hearing.  If a hearing is requested by noon of the day preceding the shut off, the Water Committee Chairperson shall conduct an informal hearing and shall make a determination as to whether the disconnection is justified.  If the Chairperson finds that disconnection is justified, then such disconnection shall be made, unless payment has been received.

4.                  Fees.  During normal business hours a fee of fifty dollars ($50.00) shall be charged before service is restored to a delinquent customer.  After normal business hours an additional fee of twenty dollars ($20.00) will be charged to restore service.  No fee shall be charged for the usual or customary trips in the regular changes in occupancies of property.

92.05   LIEN FOR NONPAYMENT.  The owner of the premises served and any lessee or tenant thereof shall be jointly and severally liable for water service charges to the premises.  Water service charges remaining unpaid and delinquent shall constitute a lien upon the premises served and shall be certified by the Clerk to the County Treasurer for collection in the same manner as property taxes.

(Code of Iowa, Sec. 384.84)

92.06   LIEN EXEMPTION.  The lien for nonpayment shall not apply to a residential rental property where water service is separately metered and the rates or charges for the water service are paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges.  In addition, a lien for nonpayment shall also not apply to the charges for any of the services of sewer systems, storm water drainage systems, sewage treatment, solid waste collection, and solid waste disposal where the charge is paid directly to the City by the tenant, if the landlord gives written notice to the City that the property is residential rental property and that the tenant is liable for the rates or charges for such service.  The City may require a deposit not exceeding the usual cost of ninety (90) days of such services to be paid to the City.  The landlord’s written notice shall contain the name of the tenant responsible for charges, the address of the rental property that the tenant is to occupy, and the date that the occupancy begins.  Upon receipt, the City shall acknowledge the notice and deposit.  A change in tenant shall require a new written notice to be given to the City within thirty (30) business days of the change in tenant.  When the tenant moves from the rental property, the City shall refund the deposit if all service charges are paid in full.  A change in the ownership of the residential rental property shall require written notice of such change to be given to the City within thirty (30) business days of the completion of the change of ownership.  The lien exemption does not apply to delinquent charges for repairs related to any of the services.

(Code of Iowa, Sec. 384.84)

92.07   LIEN NOTICE.  A lien for delinquent water service charges shall not be certified to the County Treasurer unless prior written notice of intent to certify a lien is given to the customer in whose name the delinquent charges were incurred.  If the customer is a tenant and if the owner or landlord of the property or premises has made a written request for notice, the notice shall also be given to the owner or landlord.  The notice shall be sent to the appropriate persons by ordinary mail not less than thirty (30) days prior to certification of the lien to the County Treasurer.

(Code of Iowa, Sec. 384.84)

92.08   CUSTOMER DEPOSITS.  There shall be required from every customer a $75.00 deposit intended to guarantee the payment of bills for service.

(Code of Iowa, Sec. 384.84)

92.09   TEMPORARY CANCELLATION OF SERVICES.  A property owner may request water service be temporarily cancelled, by completing documentation provided by the City Clerk, when the property is expected to be vacant for more than one month but less than six months.  There shall be a $10.00 administrative fee collected for the cancellation and restoration of service.  During a period when service is temporarily cancelled as provided herein, there shall be no minimum service charge.  If there is any usage during the temporary cancellation, the property owner will be billed the usage when the account is restored.  This temporary cancellation does not in any way exclude the property owner from being charged the capital improvement fee, if fee is not waived by the City Council to occupancy status of the property.

92.10   EMERGENCY DISCONNECTION.  A fee of fifty dollars ($50.00) shall be charged to a customer for an emergency after hours service call to disconnect the water service.