Knowledgebase-Sewer Collection Ordinance


Information Product

Title:Sewer Collection Ordinance
Summary:MTAS was asked for assistance in the collection of wastewater debt.
Original Author:Darden, Ron
Co-Author:
Product Create Date:12/01/2004
Last Reviewed on::06/02/2017
Subject:Sewers--Municipal ordinances; Wastewater; Municipal ordinances; Utilities--Termination policies
Type:Ordinance
Original Document: Sewer collection Ordinance_v2017.pdfSewer collection Ordinance_v2017.pdf

Reference Documents:

Text of Document:

Alternative Method for Discontinuance of Service
ORDINANCE NO.__________

AN ORDINANCE TO MAKE IT AN OFFENSE TO FAIL OR REFUSE TO PAY THE SEWER BILL, AND TO PROVIDE REMEDIES FOR SUCH FAILURE OR REFUSAL.

Section 1. It shall be unlawful, and a civil offense, for any person, firm, or corporation, association, or any other person or organization, who receives city sewer service to fail or refuse to pay for such service.

Section 2. The city shall have the following remedies in the event of the failure or refusal on the part of any person, firm, corporation or any other person or organization who receives city sewer service to pay for such service:

(A) Collect the amount owed by such customer as a civil debt.

(B) Cite such customer into the municipal court, and upon conviction, impose a civil penalty as provided by law. Each day a violation is allowed to continue shall constitute a separate offense.

(C) Termination of sewer service, as follows:

(1) Written notice of the termination (cut-off) shall be given to the customer at least five (5) days prior to the scheduled date of the termination. The cut-off notice shall specify: (i) the reason for the cut-off; (ii) the amount due, including late charges and any other charges; (iii) the last date to avoid service termination charges; (iv) notification that the customer has a right to a hearing prior to service termination, and the availability for special counseling for emergency and hardship cases.

(2) The employee carrying out the termination procedure will attempt before disconnecting service to contact the customer at the premises in a final effort to collect payment and avoid termination.

(3) Hearings on service terminations as provided for in (1)(iv) above will be held by appointment at the city’s sewer service office between the hours of 8:00 A.M. and 4:30 P.M., on any business day, or at other hours by special request of the customer. Such hearing shall be conducted by the billing manager.

(4) Termination will not be made on any day preceding the day when the sewer department is scheduled to be closed.

(5) If the customer does not make payment of the bill, or does not request a termination hearing, the sewer department shall proceed on schedule with the termination of sewer service, as provided for in this section.

(6) Sewer service will be reconnected only after the payment of all sewer charges, including late charges and any other charges, or only after satisfactory arrangements for payment of the same shall have been made, plus the payment of a reconnection charge of $___________.

Section 3. The city shall have the right to use the above remedies prescribed for the failure or refusal to pay sewer bills collectively or selectively, and in any and all combinations. In addition, the use of any or all of the above remedies by the city shall not foreclose its right to use any other remedy that might now or in the future be authorized under state law.

Section 4. This ordinance shall become effective after it or its caption is published in a newspaper of general circulation within the city, following its final passage.


Passed first reading this ________ day of _________________________, 2017.

Passed second reading this __________ day of ________________________, 2017.


____________________________________________________
(Mayor)


_____________________________________________________
(Recorder)

Please remember that this ordinance was drafted based upon the drafting requirements and authority granted to a particular city or town in its charter and in general law. These drafting requirements and the authority exercised in this ordinance might not apply to your city or town.

Please confer with your city attorney or an MTAS legal consultant, or both, before using this ordinance as a model.