§ 39-42. Fees, charges, collection of water accounts established after July 1, 2012.

(a)

For water and sewer services provided by the city after July 1, 2012, a deposit will be charged to and collected from: (i) any person contracting for the same; (ii) the owner who is the occupant of the property or where a single meter serves multiple units; (iii) a lessee or tenant, provided that the lessee or tenant has written authorization from the owner of the property to obtain water and sewer services in the name of such lessee or tenant with such fees and charges applicable for water and sewer services.

(b)

A deposit shall be required of any individual, commercial or industrial establishment desiring the use of water on premises owned or leased by them within the city limits, where all connections and applications have been made in accordance with the provisions of this chapter, except for water accounts that are set up in the name of a lessee or tenant the deposit which are addressed in paragraph (c) of this section, if such applicant is known to have a poor payment history. Poor payment history is defined as non-payment of city fees and taxes in a timely manner or excessive late fees on water and sewer accounts. The amount of the deposit is the greater of the customer's average quarterly water and sewer bill or $75.00 for a residential meter, or for a commercial meter, which deposit is based on meter size—five-eighth-inch meter, $75.00; one inch meter, $145.00; one and one-fourth-inch meter, $200.00; one and one-half-inch meter, $255.00; two-inch meter, $310.00; three- and four-inch meter, $575.00; over four-inch meter, $1,000.00—to guarantee the payment of such account. The deposit may be refunded, together with interest based upon the published rate in the daily Wall Street Journal for certificates of deposit having a maturity of one year, as of the date on which the city accrues interest for utility deposits, to each consumer who has maintained a satisfactory payment record for at least 12 months. The deposit plus interest of any consumer not refunded will be credited against any final bill rendered to such consumer at the time service is discontinued. If at any time a satisfactory payment record is not maintained by any consumer from whom a deposit was not required, the director of finance may require that such deposit be made or, if at any time a consumer whose deposit has been refunded does not maintain a satisfactory payment record, the director of finance may again require such deposit.

(c)

In situations where a property owner is unwilling to establish a water account in his name the water account will be established in the name of the lessee or tenant. Provided, however, no water account shall be established in the name of a lessee or tenant unless the lessee or tenant provides the city with an authorization form signed by the property owner authorizing the city to establish a water account in the name of the lessee or tenant. When a lessee or tenant applies for water service the city will provide the lessee or tenant with an authorization form that is to be signed by the property owner. The authorization form will be in substantially the same format as set forth in Section 15.2-2119 of the Code of Virginia. The completed and signed form must be returned to the city before the city will authorize water service in the lessee's or tenant's name. Property owners who sign a form authorizing water service to be established in the name of a lessee or tenant will be sent a one-time notice in writing or by email that a lien may be placed on the owner's property if the lessee or tenant defaults on the payment of his water bill.

When a water account is established in the name of a lessee or tenant of a residential property the city will collect a security deposit in the amount of three months of typical water, sewer and stormwater charges for the property and when a water account is established in the name of a lessee or tenant of a commercial or industrial property the city will collect a security deposit in the amount of three months of typical water, sewer and stormwater charges for the property. In cases of newly constructed properties the amount of the security deposit will be based on the estimated water usage for the property. The city will not require a security deposit from the lessee or tenant to obtain water and sewer services in the name of such lessee or tenant if such lessee or tenant presents to the city a property owner authorization letter which has attached documentation showing such lessee or tenant receives need-based local, state, or federal rental assistance. When a lessee or tenant is not required to pay a security deposit because the lessee or tenant receives need-based local, state, or federal rental assistance the property owner shall pay a security deposit for the water account in the amount provided for in paragraph (b) of this section.

A water account shall be placed in the property owner's name and the security deposit required in this paragraph shall be collected from the property owner (i) when the property owner fails or refuses to submit the lessee tenant authorization form to the city and (ii) where a single water meter serves multiple tenant units.

(d)

In addition to the security deposit required by this section, whenever any individual, commercial or industrial establishment desires the use of water on premises owned or leased by them within the city limits, where all connections have been made in accordance with the provisions of this chapter, they shall make application therefor to the utilities customer service office, accompanying each application with a fee of $15.00 for turning on and/or transferring the account.

(e)

A water account becomes delinquent if it is not paid within 21 days of the bill date. If any of the fees and charges for water service, sewer service or storm water maintenance for water accounts that are established after July 1, 2012, are not paid when due and payable such fees and charges shall be collected in accordance with the collection procedures as forth in Section 15.2-2119 of the Code of Virginia as adopted on July 1, 2012.

(Ord. of 6-26-12, Ord. No. O-12-083, eff. 7-1-12)

(Ord. of 6-26-12, Ord. No. O-12-083, eff. 7-1-12)