206-18 - Ordinance No. 14 of 2018 AN ORDINANCE ESTABLISHING A POLICY FOR THE COLLECTION OF SERVICE FEES FROM PROPERTY OWNERS FOR A TENANT’S DELINQUENCY
AN ORDINANCE ESTABLISHING A POLICY FOR THE COLLECTION
OF SERVICE FEES FROM PROPERTY OWNERS
FOR A TENANT’S DELINQUENCY
Ordinance No. 14 of 2018
WHEREAS, the Town Council of the Town of Winamac, Indiana (the “Town Council”), is responsible for the performance of various functions for the Town of Winamac (the “Town”), which includes providing water, sewer/wastewater, electric, and other municipal services to Town residents (collectively, the “Services”); and
WHEREAS, the Town is also responsible for the collection of certain fees associated with providing Services to Town residents; and
WHEREAS, the occasion may arise where the tenant of real property being provided Services by the Town becomes delinquent or otherwise refuses to pay fees for the delivery of Services to the property which has become delinquent; and
WHEREAS, in order to ensure the financial stability of the Town and its utilities, and to provide for the health, safety, and welfare of the Town’s residents, the Town is desirous of requiring property owners to satisfy any delinquency existing on any account where a tenant occupying the real property, owned by the property owner, is receiving Services from the Town, before any Services are reconnected or restored to the property, or any other property owned by the property owner.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Winamac, Indiana, that this Ordinance Establishing a Policy for the Collection of Service Fees from Property Owners for Tenant’s Delinquency, is hereby adopted as follows:
1. For purposes of this Ordinance, an account is deemed “delinquent” if the account holder has not made payment for any and all Services billed, as of the sixteenth (16th) of each month, as all payments for Services rendered are due on the fifteen (15th) of each and every month.
2. Satisfaction of Debt. Before the Services are reconnected or turned on as to any property that is delinquent, payment must be made by either the tenant or the property owner of the property in question. Should the property owner of any property that is delinquent not satisfy any delinquency on the property in question, within thirty (30) days of the property becoming delinquent, the Town may turn off all Services to any other property that the property owner owns, which is also receiving Services, until any and all such delinquencies are satisfied.
3. Right of Appeal to Town Council. Should any account holder and/or property owner wish to appeal the decision of the Town Clerk-Treasurer to disconnect Services as to any applicable piece of property affected, by virtue of this Ordinance, that account holder and/or property owner may appear before the Town Council, at the Town Council’s next regularly scheduled meeting, for further presentation or determination.
This Ordinance shall become effective thirty (30) days after notice of the adoption shall have been published in a paper as described in Indiana Code § 5-3-1-4.
PASSED AND ADOPTED BY THE TOWN COUNCIL OF THE TOWN OF WINAMAC, INDIANA, THIS 12th DAY OF NOVEMBER, 2018.
THE WINAMAC, INDIANA TOWN COUNCIL
APPROVED: Tom J. Murray, President; Alvin R. Parish, Council Member; Dan Vanaman, Council Member; Judy Heater, Council Member
ATTEST: Melanie A. Berger, Clerk-Treasurer
206-18 G 11/21