§ 58-290. Delinquent accounts.

(a)

Generally. Charges levied pursuant to this subdivision shall be due and payable on or before the due dates shown on the bills. Any charges not paid by the due date (approximately 15 days after the bill is rendered) shall be considered delinquent. Such delinquent charge, together with any applied penalty, shall be collectible as set forth in this section.

(b)

Authority to turn off water service. Where the property having a delinquent account is served by the town water system, the town may, after mailing a written notice at least ten days in advance to the water consumer and to the property owner, shut off the water service to the property. The water service shall not be turned back on until the delinquent service charges and the costs of shutting off and turning on the water service have been paid.

(c)

Collection through tax duplicate. As provided by the statutes of the state, delinquent charges may be made a lien against the property served through certification to the auditor and to the recorder of the county.

(d)

Collection through court action. In addition to the remedies otherwise provided in this section, the town shall have the right to bring a civil action to recover any delinquent charges, together with a penalty of ten percent and a reasonable attorney's fee. It shall also have the right, as provided by state law, to foreclose any lien established under the provisions of subsection (c) of this section, with recovery of the charge, a penalty of ten percent and a reasonable attorney's fee.

(Code 1985, § 28-76.75)