§ 114-303. Collection.

(a)

In addition to other collection remedies provided, unless otherwise prohibited by law, the city shall have the right to enforce the payment of charges for water service to any premises by discontinuing either the water service or the sewage disposal service to such premises. The payment of charges for sewage disposal service to any premises may be enforced by discontinuing either the water service or the sewage disposal service to such premises, or both. Action for such delinquent amounts plus costs and attorney fees incurred in bringing such action may be instituted by the city against the customer.

(b)

When notice of intent to discontinue service for nonpayment of charges has been served, an additional charge as set forth in the schedule of fees, charges, bonds and insurance shall be made.

(c)

The charges for water and sewer services, pursuant to the provisions of section 21 of Act No. 210 of the Public Acts of Michigan of 1941 (MCL 141.121), and section 2 of Act No. 178 of the Public Acts of 1939, as amended by Act No. 132 of the Public Acts of Michigan of 1981 (MCL 123.162), and as may be amended in the future, are a lien on all premises immediately upon either the distribution of water or the provision of sewage system service to the premises or property supplied.

(d)

The city treasurer shall annually, on May 1, certify all unpaid charges for such services furnished to any premises which, on April 30 preceding, have remained unpaid for a period of six months, to the city assessor, who shall place the same on the next tax roll of the city. An additional penalty in an amount equal to 15 percent of the delinquent bill shall be added at the time the delinquent bill is entered on the tax roll.

(e)

Such charges so assessed shall be collected in the same manner as general city taxes. In cases where the city is properly notified in accordance with section 21 of Act No. 210 of the Public Acts of Michigan of 1941 (MCL 141.121), and as may be amended in the future, that a tenant 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 sufficient to cover three times the average quarterly bill for such premises as estimated by the superintendent, such deposit to be in no case less than $50.00. Where the water service to any premises is turned off to enforce the payment of water service charges or sewage disposal service charges a charge as set forth in the schedule of fees, charges, bonds and insurance shall be made for restoring services, and the water service shall not be recommenced until all delinquent charges have been paid and a deposit as in the case of tenants is made or a delinquent payment agreement is executed in accordance with section 114-308. In any other case where, in the discretion of the city director of finance, the collection of charges for water or sewage disposal service may be difficult or uncertain, a deposit may be required. Such deposits may be applied against any delinquent water or sewage disposal service charges and the application thereof shall not affect the right of the superintendent to turn off the water service to any premises for any delinquency thereby satisfied. No such deposit shall bear interest and such deposit, or any remaining balance thereof, shall be returned to the customer making the same when he shall discontinue receiving water and sewage disposal service or, except as to tenants as to whom notice of responsibility for such charges has been filed with the city, when any eight successive quarterly bills shall have been paid by such customer with no delinquency and such customer has filed a written request for refund of the deposit.

(Code 1963, § 2.168; Ord. No. 1576, § 2.168, 12-13-93; Ord. No. 1607, 4-24-95; Ord. No. 2010, 2-8-10)