§ 61.09. Charges for cancellation of a water and/or wastewater service application or utility service agreement.

(a)

[Generally:] Cancellations of water and/or wastewater service applications or utility service agreements shall be requested in writing and they are subject to the following:

(1)

So long as no active building permit shall exist for a subject property; and

(2)

When circumstances beyond the city's control have prevented the installation and connection process from commencing, the city shall have the right to cancel the associated water and/or wastewater service application; or

(3)

In those cases where the city has made multiple attempts to schedule the installation and the customer or property owner have refused for the installation and connection to the system to be completed, the city shall have the right to cancel the associated water and/or wastewater service application.

(b)

Single family residential:

(1)

The fee to cancel a single-family residential water and/or wastewater service application shall be $300.00 payable up front if a capital charge agreement (CCA) exists for the property, or withheld from any refund in those cases where the charges were paid in full.

(2)

Any refund that is due as the result of a service application cancellation shall only be payable to the applicant.

(3)

In cases where the city may have already provided services, including, but not limited to, septic tank pump outs, the costs for those services shall be due in addition to the cancellation fee. The cancellation fee and the costs of any services provided shall be withheld from any monies due and payable to the applicant.

(4)

If the property owner previously executed a (CCA), the charges for any services already provided by the city, including, but not limited to, septic tank pump outs, shall be paid in addition to the cancellation fee before the application can be cancelled.

(c)

Multi-family and nonresidential (commercial):

(1)

If a customer or property owner requests to cancel or amend a utility service agreement, the fee shall be $300.00 in addition to all other fees that are usual and customary to this type of transaction.

(2)

If a refund is due as the result of a utility service agreement cancellation shall only be payable to the record owner on the date of cancellation.

(3)

The $300.00 fee shall be withheld by the city from any monies due and payable to the record owner.

(4)

All guaranteed revenue that is due to the city as of the date of cancellation shall be withheld by the city from any monies due and payable to the record owner.

(Ord. 07-145, § 3, passed 10-22-07; Ord. 12-48, § 7, 9-24-12)