AN ORDINANCE TO AMEND ORDINANCE NUMBER 2000-2 AS AMENDED BY ORDINANCE 1990-3, AS AMENDED BY ORDINANCE NUMBER 1994-18, SETTING FORTH REQUIREMENTS THAT SEPARATE RESIDENTIAL UNITS HAVE SEPARTATE WATER METERS AND SHUTOFFS AND PROVIDING A PROCEDURE FOR THE ENFORCEMENT AND COLLECTION OF DELINQUENT WATER AND SEWER SERVICE CHARGES

WHEREAS, the Town of Millersburg, Indiana adopted Ordinance Number 1990-3 on May 24, 1990, which, among other things, established collection and deferred payment charges for delinquent water services; and

WHEREAS, on December 29, 1994, the Millersburg Town Council amended Ordinance Number 1990-3 by Ordinance Number 1994-18, which Ordinance revised the collection and deferred payment charges previously set forth in Ordinance Number 1990-3; and

WHEREAS, on March 13, 2000, the Millersburg Town Council amended Ordinance Number 1994-18 by Ordinance 2000-2, which Ordinance revised the collection and deferred payment charges previously set forth in Ordinance Number 1994-18; and

WHEREAS, Indiana Code Sections §36-1-3-1, et seq. permit any town in the State of Indiana to exercise any power or any function necessary to the public interest in the context of its municipal or internal affairs, which is not prohibited by the Constitution of the United States or the State of Indiana, or denied or preempted by any other law, or as not expressly granted by any other law to another governmental entity; and

WHEREAS, the Town Council of the Town of Millersburg is the town legislative body and is by law authorized to adopt ordinances and resolutions for the performance of functions for the Town of Millersburg;

NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Millersburg, State of Indiana, as follows:
Section 1. Section 2(f) of Ordinance No. 1990-3, as amended by Ordinance No. 1994-18, is hereby deleted in its entirety and replaced with the following:

(f). Collection and Deferred Payment Charges: All bills for water and/or sewer services not paid within fifteen (15) days from the due date thereof, as stated in such bills, shall be subject to collection of a deferred payment charge of ten (10%) if the first Three Dollars ($3.00) and three percent (3%) on the excess of Three Dollars ($3.00). The charge for the return of a check for non-sufficient funds shall be Fifteen Dollars ($15.00) per check. A user disconnected for non-payment of a bill shall be assessed a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00) when reconnected.

When any property owner of water consumer fails to pay an account or statement for services provided by the Town of Millersburg Water Utility within thirty (30) days after its due date, the water utility may send a letter by first class mail, postage prepaid, demanding payment within ten (10) days and stating that the water service may be terminated to the property if all delinquent payments are not made within the ten (10) days. A demand letter fee shall also be charged to the delinquent user for the amount of Five Dollars ($5.00) plus the amount of postage. If payment is not received within the ten (10) day period, the Town of Millersburg Water Utility may terminate water service to the property. Water service shall not be restored until the customer pays the past due amounts and the customer makes satisfactory arrangements with the Town of Millersburg Water Utility to avoid future delinquencies.

Section 2. Each residential living unit serviced by the Millersburg Water Utility shall have a separate service line, shutoff and water meter. For existing residential living units, the required separation of service lines, shutoff and water meters shall be completed within six (6) months after the effective date of this ordinance. In the event that any property owner shall fail to comply with this section, the Millersburg Water Utility is authorized to give thirty (30) days prior written notice by first class mail, postage repaid, notifying the property owner and the utility customer that water service to all affected residential living units will be terminates if the service lines, shutoffs and water meters are not separated within thirty (30) days following the date of the letter. If such service lines, shutoffs and water meters are not separated within such thirty (30) day period, the Town of Millersburg Water Utility may terminate water service to each living unit. In addition, the Town of Millersburg Water Utility shall have the remedies set forth in Section 4 hereafter for failure to comply with this ordinance within thirty (30) days after notice is sent by the Town of Millersburg Water Utility. In order to recommence water services after termination, the customer shall pay to the Town of Millersburg Water Utility a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00), along with a demand letter fee of Five Dollars ($5.00) plus the amount of postage charge incurred.

Section 3. All residential living units serviced by the Town of Millersburg Water Utility must have the utility account with the Town of Millersburg in the name of the property owner. In the event real estate is being sold on land contract, the utility account may be in the name of the land contract purchaser. In the event of a renter the utility account with the Town of Millersburg shall be in the property owner’s name, but monthly billings may be sent to the renter at the discretion of the property owner. Each residential living unit being serviced by the Town of Millersburg Water Utility must deposit with the Town of Millersburg Water Utility an Eighty-five Dollar ($85.00) deposit as security for any delinquent water or sewer utility charges to the living unit. At any time that water or sewer utility charges shall fail to be paid in a timely manner, the Town of Millersburg shall be entitled to offset the past due water and/or sewer utility charges against the security deposit of the account holder. At the time of the offset against such security deposit, the Town of Millersburg Water Utility shall notify the account holder and property owner if different by first class mail, postage prepaid, and shall require that the account holder increase the deposit to the full Eighty-five Dollars ($85.00) within ten (10) days of the date of the letter, notifying them that failure to do so may result in water service to the living unit being disconnected. A demand letter fee of Five Dollars ($5.00) plus the cost of postage shall also be charged to the account holder. If such payment is not received within ten (10) days of the date of the letter, the Town of Millersburg Water Utility may terminate water service to the living unit. Water service shall not be restored until the amounts demanded have been paid to the Town of Millersburg Water Utility. In order to recommence water service after termination, the account holder shall also pay a disconnect charge of Thirteen Dollars ($13.00) and a reconnect fee of Thirteen Dollars ($13.00) unless the account holder is no longer available for collection, whereupon the property owner shall be liable.

Section 4. Any property owner failing to comply with any portion of this ordinance shall be guilty of an ordinance violation and shall be fined Twenty-five Dollars ($25.00) per day for each day of non-compliance, up to a total fine of Two-Thousand Five-Hundred Dollars ($2,500.00). The property owner shall further be responsible for all attorney fees and court costs incurred by the Town in enforcing this ordinance against the property owner and in collecting any fine imposed upon the property owner under this ordinance.

Section 5. Any person violating any of the provisions of this ordinance shall be liable to the Town of Millersburg for any expense, loss, or damage suffered by the Town of Millersburg by reason of such violation, including but not limited to, the costs and expenses incurred by the town, attorney fees, court costs, engineering fees, administrative time and expense, labor, and all other costs associated with the enforcement of this ordinance, including such costs associated with any court proceedings against any party by reason of their failure to comply with terms of this ordinance.

Section 6. Ordinance Number 2000-2 is hereby repealed by this Ordinance.

Section 7. This ordinance shall be effective upon passage by the Millersburg Town Council and publication in accordance with law.

ORDAINED AND ADOPTED this 22nd day of April, 2002.