DIVISION 5. - ASSESSMENTS, RATES AND CHARGES

Footnotes:

--- (5) --- State Law reference— Sewage charges, G.L. 1956, §§ 45-14-1—45-14-7.

Sec. 17-181. - Definitions.#

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City water means a supply of water furnished by or under the direction of the city.

Owner means one or more persons, partnerships, associations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers.

Sewage system means the sewers, sewage system and sewage treatment works of the city.

(Rev. Ords. 1987, § 17-181)

Cross reference— Definitions generally, § 1-2.

Sec. 17-182. - Imposed; exemptions generally.#

(a)

In accordance with the power and authority granted to cities and towns in G.L. 1956, § 45-14-1 et seq., regarding sewerage charges, there is hereby imposed a semi-annual sewer charge for the use of the sewage system upon all owners of property serviced by such sewage system at rates hereinafter set forth, except those owners using such for the disposal of sewage or other waste matter from any premises or building wherein the semi-annual consumption of water as shown by an approved type of meter in premises or buildings does not exceed 11,000 cubic feet per half year. The sewer charge made in the division, except as otherwise hereinafter provided, shall be assessed to the recorded owner of the property served by such sewage system. Such owner is deemed to be in control of such connections and the user, either actually or constructively, of such sewage system.

(b)

If any sewer-connected property is leased for a term of years and such lease is recorded and the owner of such property is not in control of the connection or connections with such sewage system or a user thereof, either actually or constructively, such owner may, if he does not wish the charge imposed in this division to be assessed against him, file with the director of public works, at least 30 days prior to January 1 of each year, a written notice signed by him setting forth the name and address of the lessee of such property who controls the use of the connection with such sewage system and uses such sewage system, either actually or constructively and a request for the discontinuance of such sewer service to the property unless such lessee or other user at such location prior to January 1 of each year files with the director of public works an application for sewer service at such location in accordance with any rules and regulations which the director of public works may promulgate in such cases. Whenever such an application for sewer service is filed by a lessee or other user, the director of public works may assess the charge imposed in this division upon such lessee or other user in accordance with any reasonable rules or regulations adopted by the director.

(Rev. Ords. 1987, § 17-182)

Sec. 17-183. - Charges to be based upon water consumption; rate.#

(a)

The sewer charge imposed in this section shall be based upon a fixed meter charge and the water consumption of the property served either by city water, their own private supplies or both, as measured on an approved type meter.

(b)

The fixed meter charge portion of the sewer charge shall be determined as follows:

Fixed Charge

Meter

Size FY2012

(Current) FY2013 FY2014 FY2015

⅝ $60.00 $60.00 $60.00 $60.00

¾ 100.00 100.00 100.00 100.00

1 150.00 150.00 150.00 150.00

1½ 300.00 300.00 300.00 300.00

2 450.00 450.00 450.00 450.00

3 980.00 980.00 980.00 980.00

4 1,660.00 1,660.00 1,660.00 1,660.00

6 3,440.00 3,440.00 3,440.00 3,440.00

8 4,950.00 4,950.00 4,950.00 4,950.00

Such fee shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

(c)

Effective November 1, 2011, the water consumption portion of the sewer charge shall be at a rate of $7.78 per 100 cubic feet of water used based upon the actual quarterly or monthly meter reading of water consumption less an annual exemption of 3,500 cubic feet. Such exemption shall be prorated quarterly or monthly for users of city water who are billed on a quarterly or monthly basis.

Effective November 1, 2012, the rate per 100 cubic feet of water will increase to $8.64.

Effective November 1, 2013, the rate per 100 cubic feet of water will increase to $9.63.

Effective November 1, 2014, the rate per 100 cubic feet of water will increase to $10.74. Consumption Charge

FY2012

(current) FY2013 FY2014 FY2015

Dollar amount $7.78 $8.64 $9.63 $10.74

Nominal increase 0.86 0.99 1.11

Percentage increase 11.0% 11.5% 11.5%

The fixed meter charge and water consumption rate portions of the sewer charge may be adjusted as early as November 1, 2013, pursuant to the findings of a new waste water rate study that the city will commission as expeditiously as possible, but no later than 30 days after the passage of this section; to analyze additional sewer charge distribution options, including, but not limited to, split sewer charge based on residential, commercial or industrial usage class. Such sewer charge adjustments shall only be made if the new sewer charge schedule retains coverage required by indentures.

(d)

Any increase in the fixed meter charge, the rate per cubic foot, or any decrease in the exemption provided for herein must be approved by a vote of four members of the city council.

(e)

Any amount unpaid on the due date, after a seven (7) calendar day grace period, shall be subject to a penalty at the rate of 12 per centum, per annum.

(f)

Any property using city water or using other than city water which makes use of a so-called "deduct" meter shall not be entitled to the 3,500 cubic foot exemption provided for herein.

(1)

The owner is to install and bear the associated costs of a deduct meter;

(2)

The deduct meter is to meet customary minimum standards as established by the city department of public works;

(3)

The deduct meter is to be installed by a licensed plumber;

(4)

The owner is to submit a certification by a licensed plumber to the city department of public works covering the date of meter installation; the type and specifications of the installed meter; location of the installed meter; and that the meter reads solely extraneous water use;

(5)

The owner is to submit a certification, permission and acknowledgment document to the city department of public works:

a.

Guaranteeing access of unscheduled random meter inspections by authorized agents of the city department of public works; and

b.

Agreement and understanding that sewer use credits will be granted only if all stated owner requirements for deduct meters are met and owner uses city department of public works provided reading cards in reading the deduct meter and submitting the readings to the city department of public works by a prescribed deadline.

(6)

The owner is to submit a certification by a licensed plumber at the ten-year anniversary date of deduct meter installation (and at ten-year intervals thereafter) that either:

a.

A new meter has been installed; or

b.

The meter has received major maintenance and recalibration.

(7)

For filling swimming pools, a property owner may be eligible for a one-time reduction of the sewer charge in the amount of $100.00. The owner is to submit a certification to the city department of public works which states the following:

a.

Date of new pool installation (including submission of the approved building permit), or proof of pool repair (i.e., receipt from repair contractor) which necessitated the draining and refilling of the pool.

b.

Pool must contain a minimum of 7,480 gallons (1,000 cubic feet) which is comparable to an 18-foot diameter above-ground pool, or greater.

c.

That, when emptied, the pool water will not discharge into a city sewer.

d.

Additional credit may not be applied for under the sewer abatement ordinance.

(g)

Upon written request of the property owner, an adjustment of an excessive sewer consumption charge of $250.00 or less may be approved by the director of public works and any requests above $250.00 may be approved by the city council sitting as the claims committee review and recommendation by the director of public works if the request meets all of the following conditions:

(1)

The property owner submits his or her written request within 90 days of any occurrence giving rise to a claim for excessive sewer consumption.

(2)

The excessive consumption must exceed the average of three prior years same period consumption at the property by 50 percent.

(3)

Excessive use cannot be caused by change in use, i.e., added living units or conversion from residential to commercial.

(4)

If the property was billed for water that did not enter the sewer system during a specific time period, the customer shall provide documentation from a licensed plumber supporting the occurrence and repair of the leak, along with a copy of the paid repair receipt. The customer may also provide additional documentation to prove that water did not enter the sewer system to the satisfaction of the director of public works. The average usage for the property will be determined by meter readings. This average will be compared to the period in question, to establish whether or not an adjustment is warranted.

(5)

If the customer is unable to provide documentation as noted in the section above, the adjustment to the sewer consumption charge will be computed in accordance with the following formula:

Total billed consumption, minus prior year same period consumption, equals excessive consumption. Excessive consumption divided by two, plus normal consumption, equals the total adjusted consumption upon which the adjusted sewer consumption charge will be calculated. The calculation will be made using the sewer charges in effect for the billing period in question.

(6)

The adjusted amount will be deducted from the amount owed if the bill is unpaid or credited to the account if the bill has been paid. There will be no adjustment of interest charges unless the written request had been received prior to the due date of the bill.

(7)

The property owner shall not be more than 30 days delinquent on their water or sewer bill at the time of a request for a sewer charge abatement.

(8)

Any request for a sewer charge abatement caused in connection with water use associated with leaking toilets, faucets, or other internal fixtures where the water was discharged into the city's wastewater system will not be eligible for a sewer charge abatement.

(h)

On a quarterly basis, the director of public works shall provide to the mayor and the city council a written report stating the total amount of sewer charge abatements requested and the total amount approved by him/her pursuant to section 17-183(g).

(Rev. Ords. 1987, § 17-183; Ch. 47, § I, 1-5-99; Ch. 96, § I, 11-2-99; Ch. 250, § I, 4-15-03; Ch. 251, § I, 4-15-03; Ch. 283, § I, 10-21-03; Ch. 316, § I, 8-10-04; Ch. 369, § I, 11-1-05; Ch. 418, § I, 3-20-07; Ch. 468, § I, 11-5-08; Ch. 483, § I, 8-11-09; Ch. 503, § I, 5-4-10; Ch. 517, § I, 11-16-10; Ch. 518, § I, 11-16-10; Ch. 555, § 2, 4-26-12; Ch. 591, § I, 11-19-13; Ch. 687, § IV, 11-21-17; Ch. 740, §§ I, II, 7-16-19)

Cross reference— Water rates, § 17-36 et seq.

Sec. 17-184. - Property using city water.#

For property using city water, the sewer charge shall be based upon the actual registration of each water meter that measures the supply on each service connection.

(Rev. Ords. 1987, § 17-184)

Sec. 17-185. - Property using other than city water.#

(a)

For property using water all or part of which is from a source of service other than city water, there shall be a sewer charge which shall be measured by the quantity of water from the source other than city water which is discharged into the sewage system from such property.

(b)

The owner of each such property shall install, without cost to the city, a meter to measure the quantity of water received from other than the city's water system and discharged into the sewage system. No meter shall be installed or used for such purpose without first obtaining the approval of the director of public works as to its type and location.

(c)

In case a meter fails to register or has been removed for repairs, testing or other purposes during the billing period, the bill shall be based and issued on the rate of water consumption as shown by the latest semiannual, quarterly or monthly meter reading, whichever shall apply.

(d)

If the meter has not been returned to service, the bill shall be based and issued on the average daily rate of water consumption for the previous three-year period.

(Rev. Ords. 1987, § 17-185)

Sec. 17-186. - Water not discharged into city sewers.#

Whenever property upon which a sewer charge is hereby imposed uses city water, or water all or part of which is from a source other than city water, and part of the water so used is not discharged into the sewerage system of the city, the quantity of water so used and not discharged into the city's sewers shall be excluded in determining the sewer charge of such property, and the charge shall be based upon the quantity of sewage passing into the sewerage system of the city as measured by a meter or a device approved by the director of public works and installed by the owner without cost to the city.

(Rev. Ords. 1987, § 17-186)

Sec. 17-187. - Measuring devices.#

All meters or other measuring devices installed or required to be used under the provisions of this article shall be under the control and supervision of the director of public works. The owner of the property upon which any such measuring device is installed shall be responsible for its maintenance and safekeeping, and all repairs thereto shall be made at the owner's cost, whether such repairs are made necessary by ordinary wear and tear or other causes.

(Rev. Ords. 1987, § 17-187)

Sec. 17-188. - Director of finance to prepare and collect bills.#

The director of finance or his duly authorized agent is hereby charged with the duty of preparing and collecting all sewer charges.

(Rev. Ords. 1987, § 17-188)

Sec. 17-189. - Time and basis of payment.#

Sewer charges for property using city water shall be billed and shall become due and payable at the same time as city water bills are due and payable, and nonpayment by such date shall be deemed to be overdue and delinquent at the same time as city water bills are deemed to be overdue and delinquent. Such sewer charges for property using city water shall be based on water consumption during the same billing period as city water bills are based. Sewer charges for property using other than city water shall be due and payable annually in the month of February.

If any payment of water/sewer charges is made by check or electronic fund transfer (EFT) and said check is returned unpaid or said EFT is rejected and the city is assessed a fee from its bank for said bounced check/rejected EFT, a fee in the amount of $25.00 for a bounced check and a fee in the amount of $15.00 for a rejected EFT shall be due and owing by said taxpayer and said payment amount shall be added to the bill due and owing by the taxpayer.

(Rev. Ords. 1987, § 17-189; Ch. 649, § I, 4-19-16)

Sec. 17-190. - Apportionment.#

Whenever sewer service to any property begins after the first day or terminates before the last day of any billing period, the sewer charge for such property for such period shall be for that portion of the period during which such property is served, provided that in making such apportionment, a fraction of a month amounting to one-half or more of a month shall be counted a full month, and a fraction of a month amounting to less than one-half of a month shall be disregarded.

(Rev. Ords. 1987, § 17-190)

Sec. 17-191. - Liability of landowner; charge to be lien.#

Except as otherwise provided in section 17-166, the owner of a house, building, tenement or estate shall be liable for the payment of the sewer charge imposed in this division for the use of the sewage system. Such sewer charge shall be a lien upon such house, building, tenement and estate in the same way and manner as taxes assessed on real estate are liens and if not paid, shall be collected in the same manner that taxes assessed on real estate are by law collected.

(Rev. Ords. 1987, § 17-191)

Sec. 17-192. - Penalty for nonpayment.#

Failure to pay the sewer use charge by the due date shall result in shutting off the water service without regard to change of ownership or occupancy of such premises, and water shall not again be turned on until all sewer use charges due and payable and a service charge of $5.00 shall have been paid.

(Rev. Ords. 1987, § 17-192)

Sec. 17-193. - Rules and regulations.#

The director of finance and the director of public works shall make and enforce such rules and regulations as they may deem reasonably necessary for the collection of sewer charges and for the use of the sewage system, respectively.

(Rev. Ords. 1987, § 17-193)

Sec. 17-194. - Assessments.#

(a)

Required amount; computation. Whenever any sewer main shall be constructed, an assessment shall be made upon all estates abutting upon that portion of the street in which such sewer main shall be located at a rate of $5.75 for each front foot of such estates upon such streets, provided that where any estate is situated at the intersection of two streets or between two streets wherein such sewer mains are constructed, then 80 percent of the footage on that one of which such streets has the greater footage, shall be exempt from such assessment and if the footage is equal on both the streets, then 80 percent of the footage of either of the streets shall be exempt, except that in no case shall an exemption of more than 80 feet be allowed.

(b)

Procedure; payment. The director of public works shall make all assessments to be made under the authority of this article and shall make a report in writing to the city council of all such assessments, which assessments after being confirmed by the city council, shall be certified to the tax assessor by the city clerk, and the clerk shall also within ten days after such confirmation give notice to the owners of the estate so assessed of such assessment by advertisement in some public newspaper published in the city or in such other manner as the city council may direct. Whenever the sewer assessment, so certified, shall have been confirmed for at least 60 days, such assessments shall be effective and payable on December 15 next succeeding the aforesaid 60-day period. Unless the owner of any estate, within 30 days after the city clerk shall have given notice to the owners as specified, shall notify the city council in writing not to apportion the sewer assessment, the city council shall apportion it into ten equal parts and cause such apportionment to be certified to the assessor, and the assessor shall certify one of such parts to the tax collector for collection for each of the ten years next ensuing and shall add to each of such parts interest at the rate of four percent on the unpaid balance of the assessment beginning the second installment, provided that nothing in this section shall prevent any owner from paying in full the unpaid balance of the assessment plus the current interest. The sewer assessments shall be and remain a lien upon such land, shall draw interest from the time the bill for the first of the ten annual installments is sent out by the tax collector until the entire assessment shall have been paid and shall be collected in the same way as city taxes assessed upon land in the city.

(Rev. Ords. 1987, § 17-194)