[10-27-2014 by Ord. No. 14-007[1]]
See §§ 48-1 and 48-2 for the definition of words, terms and phrases used in this article.
[1]
Editor's Note: Ordinance No. 14-007, adopted 10-27-2014, amended Art. IV in its entirety to read as set out herein. Former Art. IV pertained to similar subject matter and derived from the Code of 1975, § 37-89 — 37-99; Ord. No. 1023, § 37-92, 37-94, adopted 5-26-1992; the Code of 1992, § 31-111 — 31-122; Ord. No. 1041, adopted 6-14-1993; Ord. No. 1121, adopted 5-27-1997; Ord. No. 1124, § 1, adopted 7-14-1997.
[10-27-2014 by Ord. No. 14-007]
The rates and charges to be charged for water service furnished by the City water and water distribution systems shall be established by the City Council. Changes in water rates and charges may be made by resolution of the City Council from time to time. No free water service shall be furnished to any premises or dwelling units. Copies of current rates and charges shall be available in the office of the City Clerk.
[10-27-2014 by Ord. No. 14-007]
The rates to be charged for sewage service furnished by the POTW shall be established by the City Council. Changes in sewer rates may be made by resolution of the City Council from time to time. No free sewer service shall be furnished to any premises or dwelling units. Copies of current rates shall be available in the office of the City Clerk.
[10-27-2014 by Ord. No. 14-007]
(a) 
Readiness-to-serve charge. The size of the meter used for the premises shall be ascertained and a charge computed therefore as provided in § 48-152, except that:
(1) 
If any premise is without an individual meter, the charge will be based upon the size of the meter which should properly be used, as determined by the Director.
(2) 
Where more than one premises or dwelling unit is served through one or more master meters, the readiness-to-service charge for water service shall be computed as follows:
a. 
The size of the meter used for each individual premise or dwelling unit shall be ascertained and a charge computed therefor as provided in § 48-152.
b. 
If any premises or dwelling unit is without an individual meter, the charge will be based upon the size of the meter which should properly be used, as determined by the Director. The respective charges for each of the several premises and dwelling units served shall be added together and the sum thereof shall constitute the readiness-to-serve charge to be paid by the property owner contracting for water service through such master meter.
(b) 
Commodity charge. Water consumption shall be charged for on the basis of water consumed as measured by the meter installed in the premises of an account holder of the City as provided for in § 48-152, except that:
(1) 
Where water is furnished to unmetered premises, the service shall be charged for on the basis of water consumed as estimated by the Director until such time as a meter can be installed and a charge computed therefor as provided in § 48-152.
(2) 
Where more than one premises or dwelling unit is served through one or more master meters, the commodity charge for water service shall be computed as follows:
a. 
Water consumption shall be charged for on the basis of water consumed, as measured by the meter installed in the premises of an account holder of the City. The commodity charge for each dwelling unit or premises shall be computed as provided in § 48-152.
b. 
If any premises or dwelling unit is without an individual meter, the commodity charge shall be computed as provided in § 48-152 based upon the quantity of water used as measured by the master meter.
[10-27-2014 by Ord. No. 14-007]
(a) 
Readiness-to-serve charge. The size of the meter used for the premises shall be ascertained and a charge computed therefor as provided in § 48-153, except that:
(1) 
If any premise is without an individual meter, the charge will be based upon the size of the meter which should properly be used, as determined by the Director.
(2) 
Where more than one premises or dwelling unit is served through one or more master meters, the readiness-to-service charge shall be computed as follows:
a. 
The size of the water meter used for each individual premises or dwelling unit shall be ascertained and a charge computed therefor as provided in § 48-153.
b. 
If any premises or dwelling unit is without an individual meter, the charge shall be based upon the size of meter which should properly be used, as determined by the Director. The respective charges for each of the several premises and dwelling units served shall be added together, and the sum thereof shall constitute the readiness-to-serve charge to be paid by the property owner contracting for sewage service through such master meter.
(3) 
A readiness-to-serve charge does not apply to water service provided through a separate meter to an in-ground irrigation system properly protected by an approved backflow prevention device.
(b) 
Commodity charge. Sewage disposal shall be charged for on the basis of water consumed as measured by the meter installed in the premises of an account holder of the City as provided for in§ 48-153, except that:
(1) 
A commodity charge does not apply to water service provided through a separate meter to an in-ground irrigation system properly protected by an approved backflow prevention device.
(2) 
Where sewage disposal is furnished to unmetered premises, the service shall be charged for on the basis of water consumed as estimated by the Director until such time as a meter can be installed.
(3) 
Where the actual sewage volume discharged to the system disproportionately exceeds water consumption, the sewage volume may be separately monitored or metered at the account holder's expense.
(4) 
Where no separate sewage meter exists or where it is impractical to install a sewage meter, the volumes shall be as estimated by the Director. The sewage disposal commodity rate provided for in § 48-153 shall be applied to the volume of sewage metered or estimated. A readiness-to-serve charge shall be imposed and based upon the size of water meter, as determined by the Director, which size would be required if all liquids reaching the sewage metering facilities were delivered through the City water distribution system.
(5) 
Where more than one premises or dwelling unit is served through one or more master meters, the commodity service charge shall be computed as follows:
a. 
Sewage disposal shall be charged for on the basis of water consumed as measured by the meter installed in the premises of an account holder of the City. The commodity charge for each dwelling unit or premises shall be computed as provided in § 48-153.
b. 
If any premises or dwelling unit is without an individual meter, the commodity charge shall be computed as provided in § 48-153 based upon the quantity of water used as measured by the master meter.
[10-27-2014 by Ord. No. 14-007]
The City shall pay the same water and sewer charges for service as described in § 48-152. Shall be payable monthly in the same manner as other account holders. All such charges for service shall be payable from proceeds of taxes or other revenue of the City.
[10-27-2014 by Ord. No. 14-007]
If any water meter shall fail to register properly, the Director shall estimate the consumption on the basis of former consumption and bill the account holder accordingly.
[10-27-2014 by Ord. No. 14-007]
(a) 
An account holder may request that his or her water meter be tested. If the meter is found accurate, a fee will be made as set by resolution of the City Council from time to time. If the meter is found defective, it shall be repaired or an accurate meter installed and no charge shall be made.
(b) 
A meter shall be considered accurate if, when tested, it registers not to exceed 5% more or 5% less than the actual quantity of water passing through it. If a meter registers in excess of 5% more than the actual quantity of water passing through it, it shall be considered fast to that extent. If a meter registers in excess of 5% less than the actual quantity of water passing through it, it shall be considered slow to that extent.
(c) 
If a meter has been tested at the request of an account holder and is determined to register fast, the City shall credit the account holder with a sum equal to the percent fast multiplied by the amount of all bills incurred by the account holder within the three months prior to the test. If a meter so tested is determined to register slow, the Department may collect from the account holder a sum equal to the percent slow multiplied by the amount of all the bills incurred by the account holder for the prior three months.
(d) 
When the Department, on its own initiative, makes a test of a water meter, it shall be done without cost to the account holder, other than his or her paying the amount due the City for water used by him or her as provided in this section if the meter is found to be slow.
[10-27-2014 by Ord. No. 14-007]
(a) 
Billing for water and sewer charges shall be made monthly and shall begin following a transition period as the City moves from quarterly to monthly billing.
(b) 
Billings shall be due and payable as specified on the bill, which shall be not less than 15 days from mailing.
(c) 
Any bill not paid by the due date specified on the bill shall have a 10% payment charge added to the unpaid portion of the current monthly charges.
(d) 
Payments received shall be first applied to the billings farthest in arrears.
[10-27-2014 by Ord. No. 14-007; 7-13-2015 by Ord. No. 15-006; 1-9-2017 by Ord. No. 16-007]
(a) 
The Director is hereby authorized to enforce the payment of charges of water service to any premises by discontinuing the water service to such premises, and the payment of charges for sewage disposal to any premises may be enforced by discontinuing either the water service and/or the sewage disposal service to such premises; and an action of assumpsit may be instituted by the City against the account holder. Notice of intent to discontinue service shall be given personally or by mailing to the account holder at the mailing address on record.
(b) 
The charges for water service and sewage disposal service which, under the provisions of Public Act No. 94 of 1933 (MCL 141.101 et seq.), are made a lien on the premises to which furnished are hereby recognized to constitute such lien, and the Director of Finance shall annually, on June 1, certify all unpaid charges for such services furnished to any premises which have remained unpaid for a period of six months and place the charges on the next tax roll of the City. Such charges so assessed shall be collected in the same manner as general City taxes.
(c) 
When the City is properly notified in accordance with the Act referred to in Subsection (b) of this section that a tenant, of a registered rental only, is responsible for water or sewage disposal service charges, no such service shall be commenced or continued to such premises until there has been deposited with the City Treasurer a sum of six times the readiness-to-serve charge, rounded up to the next dollar, for such premises.
(d) 
Where the water service to any premises is turned off to enforce the payment of water service charges or sewage disposal service charges, the water service shall not be recommenced until all delinquent charges, plus the turn-on charge, have been paid and/or a deposit, in the case of tenants, is made.
(e) 
Deposits made pursuant to this section shall be applied against any water or sewage disposal charges on an account at the time of termination, and the application thereof shall not affect the right of the Director to turn off the water service and/or sewer service to any premises for any delinquency. No such deposit shall bear interest, and such deposit or any remaining balance thereof shall be returned to the customer making the deposit when he or she shall discontinue receiving water and sewage disposal service.
[10-27-2014 by Ord. No. 14-007; 6-26-2017 by Ord. No. 17-005; 6-11-2018 by Ord. No. 18-011]
(a) 
The purpose of this section is to assist and encourage senior citizens to maintain their independence and self-reliance, so as to continue as viable members of this community, by annually appropriating from the general fund the necessary moneys to supplement the payment of water and sewer charges by senior citizens and not to reduce nor effect any change in the revenue levels of the water and sewer utility funds.
(b) 
Monthly charges for water and sewer services may be supplemented by appropriation from the general fund of an amount equal to 30% per billing, provided the senior citizen meets all of the following requirements:
(1) 
The senior citizen shall own, occupy and reside upon the property served. To qualify as a senior citizen, the owner or spouse must be 65 years of age or older. The unremarried surviving spouse of a senior citizen also qualifies.
(2) 
The senior citizen's adjusted household income shall not exceed $15,000, effective July 1, 2018. "Adjusted household income" is household income as defined by the State Income Tax Act, Public Act No. 281 of 1967 (MCL § 206.1 et seq.), except that gross rents rather than net rents shall be included.
(3) 
The senior citizen shall not utilize the property served for rental purposes.
(4) 
The senior citizen's property shall be located within the City.
Qualifications listed in this subsection shall be subject to verification annually by the City income tax administrator.
(c) 
Monthly charges for water and sewer services may be supplemented by appropriation from the general fund of an amount up to 30% per billing, provided the senior citizen meets all requirements in Subsection (b) of this section, except that where the property served is being partially utilized for rental purposes, the following assistance shall apply:
(1) 
Where a dwelling is being billed separately for each unit, 30% assistance will be granted to the senior citizen's unit.
(2) 
Where the dwelling is being billed one water and sewer charge, the assistance to the senior citizen will be prorated based upon the number of units within the dwelling. For example:
a. 
Two units: 15% assistance.
b. 
Three units: 10% assistance.
c. 
Four units: 7 1/2% assistance.
Qualifications listed in this subsection shall be subject to verification annually by the City income tax administrator.
(d) 
The assistance provided senior citizens under this section shall be annually appropriated and paid from the general fund of the City to the water and sewer funds of the City.