Part 80



80.000 WATER, SEWER AND GARBAGE

RATES AND CHARGES*

Ord. No. 56

Adopted: February 14, 1984

----------

*Cross reference(s)--Water and sewer tap rates, Pt. 81; water use charges, Pt. 82; sewage disposal system operation and maintenance, Pt. 85; garbage collection service, Pt. 86.

----------

An ordinance to provide for the collection of water, sewer, and garbage rates, assessments, charges or rentals, and to provide a lien therefore.

THE CITY OF READING ORDAINS:

80.001 Lien as security for collection of rates and charges; tenant responsibility.

Sec. 1. The City of Reading shall have as security for the collection of any water, sewage and garbage rates, or any assessments, charges or rentals due, or to become due, for the use or consumption of water supply to any house or other building or premises, lot or lots, parcel or parcels of land, or for charges resulting from making sewer connections or growing out of services rendered by the City to any property in connection with its sewer, and for garbage collection services rendered by the City, a lien upon such house or other building and upon the premises, or lot or lots, or parcel or parcels upon which such other buildings shall be situated, or to which such water was supplied, sewer connection made, or services rendered, and such garbage collected. However, in a case when a tenant is responsible for the payment of the charges, and the City is so notified in writing, the notice to include a true copy of the lease of the affected premises, if there is to be one, then the charges shall not become a lien against the premises after the date of the notice. In the event of filing of the notice, the City shall render no further service to the premises until a cash deposit is made as security for the payment of the charges. Such lien shall become effective immediately upon distribution of the water to the premises or property supplied or upon services being rendered by the City or for making sewer connections or for collecting garbage, as aforesaid, but shall not be enforceable for more than three years thereafter.

80.002 Notice of pendency of lien.

Sec. 2. The official records of the Board of Public Works of the City of Reading shall constitute a notice of the pendency of said lien.

80.003 Delinquent charges.

Sec. 3. Charges which may be due the City on water bills, or for sewer connection or services rendered in connection with sewers or the collection of garbage, are hereby recognized to constitute a lien and whenever such charge against any piece of property shall be delinquent for six (6) months, the City official or officials in charge of collection thereof shall certify annually, on March 1 of each year, to the tax assessing officer of the city, the fact of such delinquency, whereupon such charge shall be by him entered upon the next tax roll as a charge against such premises and shall be collected and the lien thereof enforced, in the same manner as general City taxes against such premises are collected and the lien thereof enforced.

80.004 Discontinuing service; suit for collection of charges.

Sec. 4. In addition to any other lawful enforcement methods, the payment of charges for water service to any premises may be enforced by discontinuing the water service to the premises and the payment of charges for sewer service to any premises may be enforced by discontinuing either the water service or the sewage disposal service to the premises, or both; the City may further institute suit in any Court of competent jurisdiction for the collection of any amount due either for water, sewer service or garbage service, and no such attempt to collect such amounts shall in any way invalidate or waive the lien upon the premises.

80.005 Restoration of service.

Sec. 5. As a condition precedent to the restoration of water and/or sewer service to any premises to which such service has been previously terminated, the City of Reading shall impose and collect all existing water and/or sewer charge arrearages inclusive of penalties and late charges, together with the sum of Twenty Dollars ($20.00) for service restoration.

80.006 Construction of ordinance.

Sec. 6. This Ordinance shall not be construed to affect or restrict any rights which the City of Reading may otherwise have under the laws of the State of Michigan for the collection of water, sewer or garbage charges.

Effective date. The effective date of this Ordinance shall be February 27, 1984 following publication.