§ 13.04.020. Statement of costs—Remedies for delinquent payments.

A.

The city treasurer shall, at such times as required by the city council, mail (or cause to be mailed) a written statement ("utility bill") to each person or business receiving culinary water, sewer, storm drain collection, and/or garbage collection services from the city, stating the amount of the utility bill assessed against such person or business, and when and where the same is payable.

B.

If any person or business neglects, refuses or fails to pay such utility bill, in full, as assessed by the city, within twenty days from the date of such statement, the treasurer is authorized and empowered to have the utility (including water) services to said person's or business' property disconnected and/or terminated in accordance with the provisions of this code and the laws of the state of Utah, until such time as all delinquent utility charges [including any accrued late fee(s) and/or interest] are paid in full, plus an additional reconnection fee as shall be set from time to time by resolution of the city council.

C.

The city treasurer is authorized and empowered to enforce (or cause to be enforced) the payment of all delinquent utility charges (1) by an action at law, in the name of the city; and/or (2) by such other remedy or remedies as the city may have at law and/or in equity to enforce the terms of the agreement referenced in and provided by Section 13.04.010 of this code, and/or as otherwise provided by applicable law, ordinance, resolution, rule and/or regulation of the state of Utah and/or the city of American Fork. Such remedies are cumulative, and the exercise by the city of a particular remedy shall not deprive it of the right or exercise of any other remedy or remedies deemed necessary thereby for the collection of such delinquent amounts.

D.

Any utility account for which the utility bill has not been paid in full, by the due date for such payment, shall be considered delinquent and shall be subject to the assessment of a late fee. The late fee, which shall be assessed each month that the account is and/or remains delinquent, shall be ten percent of the amount owing and unpaid (including any accrued late fees and/or interest) as of 8:00 a.m., the day following the due date for such utility bill payment; provided, that, in no case, shall the amount of the late charge be less than ten dollars for the month, except that no late charge shall be assessed if the utility bill is paid in full prior to the date that the city has commenced the process (including data input) for preparing and sending out the utility bill for the next billing cycle.

E.

Over billing. When there has been an overcharge, the customer will be credited up to twelve months to correct the error.

The city shall not be required to make a refund, or give a credit for, over billing/overpayment which occurred more than twelve months before the customer disputed their bill.

F.

Under billing. When a customer has been undercharged and the undercharge has been going on for three months or less, the city will back bill the full amount of the undercharge.

If the undercharge has been going on for a period longer than three months or the date the error began cannot be determined, the utility billing supervisor will review the undercharge, determine if the customer should have recognized the error, and whether or not additional billing is justified.

If additional back billing is justified, the city will follow the state of Utah Administrative Code R746-320-8 Billing Adjustments rules which do not allow back billing to exceed twenty-four months. Utility billing will provide a written statement to the customer in the event that the back bill covers more than the twenty-four-month period with the reasons of why the city did not limit the back bill.

All undercharged customers will be back billed for the first three months of the error regardless of whether or not additional back billing is determined to be justified.

(Prior code, § 24-23; Ord. No. 82-10-20, § 2(part), 1982; Ord. No. 84-08-19, § 52, 1984; Ord. No. 2004-06-17, § II, 6-8-2004; Ord. No. 2015-07-43 , § I, 7-28-2015)