§ 154-120. Nonpayment of bills.

The department of watershed management and the treasury division of the department of finance will develop written policies and procedures for the billing, collection and cut-off procedures for the provision for water and sewer services. The policies and procedures developed must contain at least the following provisions:

(1)

Upon the failure of any person to: (i) Pay any water bill assessment, advance payment or charge against any premises for which the person is responsible by the due date set forth in the bill; or (ii) To send a written notice of dispute in accordance with the instructions contained on the applicable bill, the person will be sent a notice that their service will be terminated without further notice and the commissioner of the department of watershed management are authorized to turn off and discontinue water service to the person and premises until the bill or charge is paid, and a charge fixed by the council will be made for each turnoff. Subject to O.C.G.A. § 36-60-17, the delinquent bill or charge shall be a lien on the property where the bill or charge was incurred. In no event will the termination of service be later than 30 days from the due date of the bill for monthly bills and 60 days for bi-monthly bills.

(2)

A late fee of $5.00 or five percent of the total bill, whichever is greater, will be assessed on all water and sewer bills rendered that are not paid by the established due date on the bill. The bill rendered for the following billing cycle will contain the past due amount plus the $5.00 or five percent of the total bill, whichever is greater, late fee.

(3)

The past due charges, late fee and any other appropriate charges must be paid in full before service is restored. Said late fees shall be deposited into fund, account, and center number 2J01 462601 B00001.

(4)

The department of finance shall cause books recording all liens for unpaid water and sewer bills and charges to be prominently displayed for public inspection in the office where the chief financial officer keeps other lien information books and in the office where the general execution docket of the county wherein the delinquent property is located.

(5)

Subject to O.C.G.A. § 36-60-17, the charge must be paid before water is turned on again unless the commissioner of the department of watershed management, in the commissioner's discretion, waives such charges.

(6)

The commissioner of the department of watershed management or the commissioner's designee may authorize agreements, with the person responsible for the payment of water services, for an installment payment schedule not to exceed 12 months in order to alleviate the customer's financial burden caused by periods of high usage.

(7)

The commissioner of the department of watershed management are authorized to turn off and discontinue water service to any property where the responsible party does not meet the agreed-upon payment schedule and make timely payments for current usage charges.

(8)

Water and sewer revenues collected will be prorated between the water, sewer and industrial surcharge accounts on a percentage to total bill basis when received and recorded on the books. Any partial payments received shall be applied in the appropriate percentages to the water, sewer and industrial surcharge accounts based on each accounts pro rata share of the total water/sewer bill. All past due amounts from the previous billing periods must be paid in order to continue water service. All cutoff dates must be strictly adhered to and enforced. When calculating the application of the appropriate percentages to the water, sewer and industrial surcharge accounts on a partial payment, the methodology in the following hypothetical must used:

a.

Total water/sewer/industrial surcharge bill = $1,000.00 comprised of $300.00 water, $600.00 sewer and $100.00 industrial surcharge;

b.

Pro-rata allocation = water—30 percent + sewer—60 percent + industrial surcharge—Ten percent;

c.

Total water/sewer/industrial surcharge bill collected = $500.00;

d.

Allocate as follows:

1.

Water (0.3 x $500.00 = $150.00);

2.

Sewer (0.6 x $500.00 = $300.00); and

3.

Industrial surcharge (0.1 x $500.00 = $50.00).

(Code 1977, § 9-4072; Ord. No. 1998-87, § 38, 12-10-98; Ord. No. 2001-97, § 3, 12-11-01; Ord. No. 2006-53, § 36, 8-29-06)

Editor's note— The last sentence of subsection (a) has been editorially revised so as to be consistent with O.C.G.A. § 30-60-17, which reads as follows:

(a) No public or private water supplier shall refuse to supply water to any single or multifamily residential property to which water has been furnished through the use of a separate water meter for each residential unit on application of the owner or new resident tenant of the premises because of the indebtedness of a prior owner, prior occupant, or prior lessee to the water supplier for water previously furnished to such premises.

(b) For each new or current account to supply water to any premises or property, the public or private water supplier shall maintain a record of identifying information on the user of the water service and shall seek reimbursement of unpaid charges for water service furnished initially from the person who incurred the charges.

(c) A public or private water supplier shall not impose a lien against real property to secure unpaid charges for water furnished unless the owner of such real property is the person who incurred the charges.

(d) A public or private supplier of a gas, sewerage service or electricity shall not impose a lien against real property to secure unpaid charges for gas, sewerage service, or electricity unless the owner of such real property is the person who incurred the charges.