§ 13.12.100. Responsibility for payment of charges.

A.

The property owner is responsible for the payment of water charges under this section of the City Code.

B.

If the property is residential property; the person(s) residing at the property is responsible for the payment of all charges under this section of the City Code. A property owner, at its sole discretion, may contract for water service with a municipality and shall provide payment for those services.

C.

The administrator may pursue collection of outstanding amounts by all legal means possible, including but not limited to; use of deposits, liens on property, and denial of hook ups or initiation of service, when there are outstanding amounts owed to the city by the parties requesting the hookup.

D.

The person who has opened the account and the city have a responsibility to monitor the service provided and to make any claims for payment in a timely manner.

E.

The city will not pursue any charges for services for which a bill has not been issued by the city for a period of six months. This does not erase past debts owed the city under subsection (C). The purpose of this section is for errors in billing.

F.

The maximum time that the city will permit for refunds, misbillings, or incorrect charges for service of any type relating to water service is six months.

G.

Each person opening a water service account shall be required to post a security deposit.

1.

If the person is the owner of the property, they shall be required, prior to the initiation of service; to post a deposit in the estimated amount of one month's water charges.

2.

If the charges for water service are being collected by the city through the city's billing department; and the property is rented to a third party; or the account is opened by any person other than the person receiving the services; or in the case of residential property, the person residing at the property is some person other than the owner of the property; there shall be deposited with the city, prior to service being initiated: a security deposit equaling twice the estimated monthly water charge.

H.

Security deposit requirements may be waived when:

1.

The person has an existing history of no delinquent payments with the City of Willcox for the last two years.

2.

The person is moving from one physical location to a different physical location and has a deposit on file which has sufficient amount in it to cover the new location.

3.

The person provides the City of Willcox with a letter of reference from a similar type utility showing a history of no delinquent payments for a two-year period. The history must be within the last four years.

I.

No interest will be paid on deposits.

J.

Deposits may be credited to the account upon:

1.

Closure of the account.

2.

Maintenance of a two-year history with no delinquencies.

K.

If an account becomes delinquent more than two times in a 12-month period or if the account is shut off for delinquency, after the deposit has been credited to the account as per subsection (J) above: A new deposit shall be required to continue or reestablish service.

L.

Renters (third parties) establishing accounts must comply with requirements of subsection (B), but may use the provisions above in subsection (H).

State law reference

Municipal water; A.R.S. 9-240 et seq.; HB 2193, an Act amending 9-511.01.