Chapter 13.36


13.36.010    Definitions

13.36.020    Billing Of Charges

13.36.030    Service Deposit Requirement

13.36.040    Discontinuance Of Service

13.36.050    Date Payment Due--Delinquency--Penalty

13.36.060    Charges Deemed Debt To City--Action To Collect

13.36.070    Discontinuance Of Service Upon Failure To Pay--Reconnection Costs

13.36.010 Definitions:

For the purpose of this chapter, the following words and phrases shall have the meanings ascribed to them by this section:

A.    "City" means the city of Greenfield.

B.    "City council" means the city council of the city.

C.    "Living unit" means any residence, apartment, habitation, or other structure to be occupied by a single person or family requiring utility services.

D.    "Person" means any human being, individual, firm, company, partnership, association, private or public or municipal corporation, the United States of America, the state, a district, a political subdivision, or a governmental agency.

E.    "User" means any person to whom utility services are being furnished by the city.

F.    "User charge" means a charge imposed upon a user by the city for utility services.

G.    "Utility" or "utilities" means one or more of the following public services provided by the city: garbage and rubbish collection and disposal; sewer service; water service.

H.    "Utility service" means the furnishing of a utility or utilities to a user by the city. (Ord. 395 §1, 1996)

13.36.020 Billing Of Charges:

In all cases, utility user charges shall be billed to the person who makes application for such service. (Ord. 395 §1, 1996)

13.36.030 Service Deposit Requirement:

A separate service deposit shall be required for each water service connection. The amount of such deposit shall be set from time to time by resolution of the city council. No interest will be paid on service deposits. Service deposits shall be returned to users upon the discontinuance of service as specified in section

13.36.040 of this chapter or if maintaining service as follows:

A.    The service deposit will be returned after the homeowner has maintained service for twelve (12) months with no final notice being issued; or

B.    The service deposit shall be returned to the user/ renter after twenty four (24) months if the user has no final notices issued. If the user fails to meet the criteria for return of the service deposit, the utility will thereafter review the user’s account every billing period and will refund the deposit when the user meets the criteria set forth herein. (Ord. 425 §1, 2001: Ord. 395 §1, 1996)

13.36.040 Discontinuance Of Service:

Upon discontinuance of service to premises for which a service deposit is held, the funds on deposit shall first be applied to the payment of any amount due to the city from the depositor and the remainder, if any, shall be returned to the depositor on request. Any deposited funds not called for within one year from the date on which they become returnable will become the property of and will be retained by the city. (Ord. 395 §1, 1996)

13.36.050 Date Payment Due--Delinguency--Penalty:

All utility service charges shall be due and payable on the date of billing and shall become delinquent on the twenty fifth day after the date of billing. Utility service charges which are not paid on or before the twenty sixth day after the date of billing shall be subject to a penalty of ten percent (10%) per month on the first day of each month following. (Ord. 425 §2, 2001: Ord. 413 §1, 1999: Ord. 395 §1, 1996)

13.36.060 Charges Deemed Debt To City--Action To Collect:

The amount of any utility fee or charge provided for by this chapter shall be deemed a debt to the city and the person or persons upon whom such charge is imposed shall be liable in an action in the name of the city brought in any court of competent jurisdiction. Person or persons are liable for all charges incurred in collection of such debt. (Ord. 395 §1, 1996)

13.36.070 Discontinuance Of Service Upon Failure To Pay--Reconnection Costs:

A.    Notice To Owner Prior To Discontinuance Hearing: In the event any utility service charge is not paid within twenty five (25) days after the same has been billed, the city may serve the customer (i.e., the person responsible for payment of the bill) with a written notice, either personally or by mail addressed to the customer at his or her address as shown on the records of the city, notifying said customer that unless payment is made within fifteen (15) days after the date of said notice, water service and garbage service to the said premises will be discontinued. Said notice shall also inform said customer of his or her right to request, within ten (10) days after the date of said notice, a hearing before the city manager for the purpose of determining the customer’s liability for the charges stated in the bill, or the correctness of the charges, or both. Upon receipt of such a request within said ten (10) day period, and upon reasonable prior notice to the applicant, the city manager shall hold a hearing upon the matter, at which time the customer shall be given full opportunity to present all relevant evidence concerning the disputed bill. At the conclusion of the hearing the city manager shall make a written report of his findings and shall make a determination as to the customer’s liability for payment, or as to the correctness of the billing or both, and shall serve the customer with a copy of the same, either personally or by registered or certified mail addressed to the customer at the premises being served or at such other address as the customer may have specified for such purpose in said notice. Such determination shall be final and binding upon both the city and the customer. Any amount found to be due from the customer shall be paid within three (3) days after the date of service of the city manager’s report upon the customer, and if not so paid, the city manager may order water service and garbage service to the premises discontinued as provided in subsection B of this section.

B.    Discontinuance Of Services--Reconnections: At the expiration of fifteen (15) days after notice of discontinuance of services is given to a delinquent occupant as provided in subsection A of this section, if no hearing has been requested by the occupant, or at the expiration of three (3) days after notice of determination has been given to the occupant by the city manager if a hearing has been requested and held as provided in subsection A of this section, the city may, in addition to the exercise of any remedies it may have for the collection of delinquent utility bills, cut off and disconnect any water service and discontinue garbage service to the premises involved. The city shall not resume such service until all delinquent payments have been made and a charge for the disconnection and reconnection of water service to the premises has been paid. Such charge shall be set from time to time by resolution of the city council. (Ord. 425, 2001: Ord. 395 §1, 1996)


    Prior ordinance history: Ord. 238 §3; Ord. 251 §1; Ord. 256 §1.