Section 18.15.007(A) Water Connections - Hardship Payment Option

The water system service connection fee required to be paid to the City by Section 18.15.007 of the City's Municipal Code may be paid in monthly installment payments in instances found by the City Council of the City to involve a special and unusual financial need for the same, as follows:

(1) A property owner who deems themselves in need of financial assistance in paying a required water system service connection fee to the City shall apply to the Chairman of the Water Committee of the City's City Council for installment payments of the connection fee. After appropriate inquiry and investigation, the Water Committee Chairman may present the request to the Water Committee of the City Council for their recommendation to the City Council or the Water Committee Chairman may make a recommendation regarding the installment payment option directly to the City Council.

(2) Those applicants found by the City Council to qualify for installment payments of the water system service connection fee due the City shall be required to make monthly installment payments of the connection fee in such monthly sums and subject to the payment of such rate of interest on the unpaid balance of said fee, if any, as the City Council shall determine.

(3) In the event of default in the payment of any monthly installment of the connection fee, the City Council may accelerate and demand payment of the then unpaid balance of the connection fee within ten (10) days after service of a notice of default and acceleration on the property owner.

The notice will be deemed delivered and given when mailed, first class mail with proper postage prepaid, to the address of the property served by the water system service connection or to such other address as the monthly water system service bills of the City for such property service are being mailed.

If the accelerated balance of the water connection fee is not paid within the time aforesaid, the City shall have a lien on the property served by the water system service connection. The City shall be entitled to a money judgement against the defaulting property owner for the unpaid balance of the water system service connection fee and may reduce its claim to judgement and foreclose its lien by filing suit for collection of the connection fee and/or foreclosure of its lien in a court of competent jurisdiction. In the event of suit by the City to collect its connection fee and/or foreclose its lien, the property owner shall be liable and responsible for payment of the City's reasonable attorneys' fees and costs of collecting the connection fee (including court costs) and the same may be made part of any judgement entered by a court of competent jurisdiction in the proceedings to collect the collection fee and/or foreclose the City's lien. On foreclosure of the water connection fee lien, the property served by the connection may be sold to obtain payment of the connection fee, attorneys' fees and costs due the City.