§ 110-38. Sewer and water bills.

(a)

Monthly rates and deposits for each public sewer and public water system shall be established by resolution of the county.

(b)

Bills for sewer and water services shall be submitted regularly by the county or its authorized agent or representative. Bills for sewer services may be issued in conjunction with bills for water services; bills for water services may be issued in conjunction with bills for sewer services; provided the charges for sewer and water services are listed separately. Failure to receive such bill shall not relieve the obligation of payment.

(c)

Billing:

(1)

Bills are due when rendered. Bills are the obligation of the owner of the property receiving sewer and water services, as well as the obligation of any occupant or other person in whose name sewer and water services are listed. If the full amount due is not paid within 30 days of the billing date, the bill becomes delinquent. If the bill becomes delinquent and is not paid within ten days of official notice thereof, sewer and water services provided by the county or any municipality within the county may be discontinued in accordance with the provisions hereinafter contained, and any policy or procedure applicable thereto adopted by the county.

(2)

All delinquent bills for sewer and water services chargeable against the owners of real property under the provisions of this article shall constitute, and are hereby imposed as, liens against such real property. Until fully paid and discharged or barred by law, said liens shall be equal in rank and dignity to the lien of county ad valorem taxes, and other special assessments and service charges. Such liens may be recorded in the public records on behalf of the county by the director at any time after the bills have become delinquent and may be enforced by the county before or subsequent to such recording in any manner allowed by law.

(d)

The county and any municipality within the county shall have the right to discontinue sewer and water services and to refuse to connect or reconnect such service or services in the case of a violation of, or a failure to comply with, any provision of this article. The right to discontinue service shall apply to all services received, provided the ownership of all buildings, houses, apartments or structures affected thereby is held by the same person or persons. Discontinued sewer service shall be resumed only upon payment of all unpaid bills and a standard reconnection fee established by resolution of the county.

(e)

Separate water meters shall be allowed for irrigation, swimming pools, water-cooled air conditioning and other uses which do not result in water entering the sanitary sewer system as waste for purposes of adjusting charges for use of the sewer system. If separate metering of any building or improvement existing on the effective date of this article for such purposes is not feasible, the director, upon written request from the owner or occupant, may make an estimate of the quantity or proportion of the water bill attributable to the uses outlined above which adjustment shall be made to the current sewer bill and all future bills, if applicable.

The director may on his own initiative reestimate the quantity or proportion of the water bill attributable to the uses or circumstances herein set forth and, in case of any change in conditions, adjust the sewer charges of any person or persons previously granted an adjustment pursuant to the terms of this subsection to reflect either an increase or decrease in the charges, upon official notice thereof to the owner or occupant at least 15 days prior to the first billing date to reflect such adjustment; provided, however, that the charges shall not exceed those rates and deposits established from time to time by resolution of the county.

In no event shall any adjustment be made to the sewer bill for any building or improvement constructed subsequent to the effective date of this article or for any use herein set forth except as reflected by reading from a separate water meter installed for such purpose.

(f)

The director is hereby authorized to adjust the charge for use of the sanitary sewer system in the event of a water service line break which does not result in water entering the sanitary sewer system as waste, subject to the following terms and conditions:

(1)

The owner or occupant supplies to the director a certificate from a plumber duly licensed in accordance with all applicable laws, rules and regulations certifying that a water service line break existed which resulted in the use of water not entering the sanitary sewer system, and further certifying the date of repair of the water service line break, or the owner or occupant certifies that he has personally performed the work and that the work is available for inspection by the environmental services group.

(2)

The owner or occupant submits written request for an adjustment to the director within 60 days of the date of the bill for which an adjustment is requested.

Adjustment by the director shall be limited to a two-month period and the amount charged determined by computing the monthly average for sanitary sewer service charges for the four months immediately preceding or following the period covered by the bill or bills for which adjustment is requested and authorized by the terms of this subsection.

(g)

The director is hereby authorized to adjust the charge for use of the sanitary sewer system in the event of total or partial filling of a swimming pool which does not result in water entering the sanitary sewer system as waste subject to the following terms and conditions:

(1)

The owner or occupant shall submit written request for sewer adjustment to the director at least ten days prior to the date of initial filling or refilling of the pool specifying the design capacity of the pool and intended date of initial filling or refilling.

(2)

The director shall provide for reading of the applicable meter immediately before and after the initial filling or refilling of the pool, subject to payment of a service charge of $10.00 or such other amount established from time to time by resolution of the county. Such service charge shall be billed and collected in accordance with the procedures set forth in this section.

(3)

Sewer adjustment for refilling of pools shall be limited to one adjustment per 12-month period.

(4)

In no event shall any adjustment for initial filling or refilling of a pool exceed the total design capacity of the pool.

In the event of any conflict between the terms of this subsection and subsection (e) of this section, the terms of this subsection shall control.

(h)

There is hereby created an inflow and infiltration surcharge, for water entering any sanitary sewer as a result of inflow or infiltration consisting of the greater of $50.00 per month, or a designated cost per 1,000 gallons of water entering any sanitary sewer as a result of inflow or infiltration, which cost shall equal the commercial rate for sewer service established from time to time by resolution of the county. Such inflow and infiltration surcharge shall be billed and collected in accordance with the procedures set forth in this section; provided, however, that nothing contained herein shall be in any way interpreted or construed to restrict the authority of the director under section 110-69(e) to invoke any additional remedy or remedies therein set forth to prohibit the discharge of waters derived from inflow or infiltration into the public sewers.

(Code 1979, § 23-40)