(A) Payment of All Charges.

(B) The customer shall be responsible for paying any unpaid amounts upon terminating service, regardless of whether termination is at the City or customer’s request. Service shall be charged at a prorated monthly rate.

(C) All rates and service charges are due and payable when rendered. Payment must be received by the due date printed on the bill. If the total amount of such bill is not paid by the due date, the customer will be assessed a late fee which is 1.5% of the unpaid balance due and a notice of delinquency and intent to disconnect service will be mailed to the customer indicating the scheduled disconnect date. If the total amount due is not paid prior to the scheduled termination date, the notice of delinquency and intent to disconnect having been given, service will be terminated and the containers may be removed. Failure of the customer to leave the containers curbside on the requested date and in an accessible area for removal at disconnect due to account delinquency may result in the forfeit of any security deposit and/or an assessment to the customer for the replacement cost of the containers, which amount shall be added to the bill.

(D) The City may discontinue utility service(s) under any of the following conditions:

(E) Service Termination Notice. The customer will receive service termination notice when an account becomes delinquent indicating the scheduled termination date, and will be assessed an administrative penalty fee set by resolution of Council. Additional fees and charges will be assessed and continue to accrue until the past due balance is paid in full. In the event a payment plan has been agreed upon by the Director for the payment of any delinquent amount, the late fee herein provided for shall not apply unless the customer fails to comply with the payment agreement.

(F) Payment Plan. The customer may enter into a payment plan agreement with the Director for the payment of any delinquent amount. Failure to comply with the payment plan agreement will result in the imposition of additional fees and penalties relating back to the original date of the outstanding debt and may result in the imposition of additional fees and costs as provided by the City Code and discontinuance of utility service.

(G) City reserves the right to reject any application for utility service(s) as provided herein.

(H) Non-Sufficient Funds Fee. In addition to all other fees and charges, in the event a customer’s payment for any fee or deposit due the City from a customer under the provisions of this chapter is returned to the City by the customer’s bank for insufficient funds, no account or by reason of a stop payment order, customer shall be charged an insufficient funds check fee.

(I) Appeal Hearing. A customer that disputes the account balance, requests for temporary suspension, or termination of service for nonpayment of amounts due, may submit an appeal in writing to the City Manager within 14 calendar days after the notice has been mailed, or emailed, to the customer’s address on file with the Finance Department. The written request must set forth fully the facts supporting the appeal and the relief requested. A separate appeal must be filed for each dispute. The City Manager shall have authority to compromise disputed billings or establish payment arrangements. The City Manager shall issue a written decision within 14 working days from the City Manager’s receipt of the appeal. The decision and order of the City Manager on such appeal shall be final and conclusive.

(J) Collection Efforts. In the event a customer fails to pay any sum due the City under the provisions of this chapter, the City shall have the right to pursue any and all collection efforts available by law which may include the utilization of collection agencies and reporting of the delinquency to the national credit bureaus. The City shall be entitled to be reimbursed for the costs of collection, including but not limited to attorneys’ fees.

(K) Lien. In the event a property owner fails to pay any sum due the City under the provisions of this chapter, for which the property owner is responsible, the City may record a lien on the real property to which the service is and/or has been provided for the amount of any unpaid amount due. Any and all unpaid amount due may result in a lien placed against the property from the date of recording in the office of the County Recorder in Maricopa County, Arizona, until the fees and all costs are paid as provided by law. A sale of the property to satisfy a lien assessed pursuant to this section shall be made on a judgment of foreclosure and order of sale in accordance with the rules and procedures applicable thereto. The City shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the foreclosure of any such lien: