(1) Residential. Every single-family dwelling, or each unit in a duplex, triplex or fourplex structure, regardless of the number of the structures on one given lot;

(2) Retail/Wholesale Stores. Businesses retailing or wholesaling services or materials, but selling no prepared foods, and whose sole sewerage effluent consists of restroom-type discharge;

(3) Restaurants. Food preparation facilities which may discharge garbage, grease or fats into the system;

(4) Manufacturing. Business which combines components in making a product;

(5) Grocery Stores. Retail sales of foodstuffs and similar items;

(6) Apartments. A group or cluster of attached or unattached residences or rooms, where people stay with the intent to be at least semi-permanent; any residences or rooms where three-fourths of the residences or rooms are intended for persons staying three months or longer;

(7) Trailer Parks. A licensed location providing electrical, water and sanitary connections for trailers, mobile homes and/or motor homes, where the intent of the owners and the space renter is to remain for three months or longer;

(8) Motel/Hotel. A group of rooms, either attached or unattached, designed for nonpermanent residence. The maximum length of stay at a motel/hotel would be less than three months;

(9) Laundries. A business with washing machines and/or dryers, whether self-serve or service purchase;

(10) Car Wash. Business facilities, either automated or hand operated, for washing and cleaning of automobiles and trucks;

(11) Schools. Regular school facilities established through a school district;

(12) Border Station. Border station;

(13) Religious Institutions. Buildings where solely worship and other related services are held; no permanent residence; and

(14) Gas Stations/Auto Repair Facilities. Facilities providing services from gas and oil and/or mechanical repair.

(1) Residential. Each single-family residence shall pay a connection charge, regardless of the number of single-family residences on any given lot. The fee for connection shall be as will be set by the City Council from time to time. In addition, each single-family residence shall pay a monthly user fee as will be set by the City Council from time to time per month, payable one month in advance, and thereafter on the first day of each succeeding month.

(2) Commercial. Commercial fees will be set by the City Council from time to time.

(3) Increase of Rates. Except for schools, the monthly user rate will increase yearly in the amount as set by City Council from time to time for each single-family residence and each commercial designation provided above. The first increase shall be effective January 1, 1997, the second shall be effective January 1, 1998, and the third increase shall be effective January 1, 1999.

(4) Absence. Persons vacating their residence or business for longer than three months may sign an affidavit of vacancy with the City in order to abate the monthly user fee during their absence. Failure to notify the City upon return and resumption of the monthly fee will result in payment of the abated fees and forfeiture of any future waiver of fees.

(5) Exceptions. A subdivider or property owner in a subdivision may connect into an approved subdivision sewer without fee; provided, that a previous subdivider has paid the entire connection charges and construction costs for the sewers in the subdivision.

(6) Other Charges. Miscellaneous charges shall be made for any work done by the City beyond normal maintenance or extension charges as outlined previously. This work, which will include such items as moving connections, relocating manholes or any other work done at the property owner’s request for the benefit of the property owner, shall be charged for at direct cost plus appropriate overhead. Payment in full for the estimated cost will be required prior to doing this type of work with appropriate refunds, if any, when the work is completed. Work will not commence until a written understanding between the parties has been executed.

(1) Each charge or fee levied by or pursuant to this chapter is a lien upon the real property of the user to whom service is supplied, or who is required to connect to the sewer system. The lien shall attach immediately upon the provision of service, or 60 days subsequent to the availability of the service to the user who is required to connect to the system and who fails to do so pursuant to the provisions of this chapter. If a charge or fee is not paid within 90 days after it becomes due and payable, the City may issue a notice and claim a lien setting forth:

(2) When the lien is filed, the cost of preparing, processing and releasing the lien shall be added to the charges then due.

(3) Unpaid charges or fees shall bear interest at the rate prescribed by A.R.S. § 44-1201.

(4) Prior to the filing of a lien for any fee or connection charge levied pursuant to this chapter, a copy of a statement of the delinquency shall be delivered by return mail to the person or persons last known to be the owner of the property, demanding payment of the amount due, informing the owner of the proposed filing of a lien, and informing the owner of an opportunity for a hearing before a designated City official. If the amount declared due is not paid within 20 days after demand, a notice and claim of lien may be filed by the City. The lien shall be recorded in the office of the County Recorder, and from the date of the recording shall be a lien against the lot or tract of land upon which service was rendered until it is paid.

(5) If requested in writing by an owner of the property subject to the statement of delinquency as provided by subsection (C)(3) of this section, a hearing shall be held before a hearing officer designated by the City Manager to adjudicate any contested fees or charges or to determine whether good cause exists why a lien against the property should not be filed. Said request for hearing must be filed with the City Clerk within 20 days of the date of the statement of delinquency, and must provide an address and phone number where notice of the time and date of hearing can be given.

(6) The liens shall be subject to and inferior to all prior recorded mortgages and encumbrances of record. A sale of the property to satisfy a lien obtained under provisions of this section shall be made upon judgment of foreclosure and order of sale. The City Attorney may institute any action to enforce the lien in any court of appropriate jurisdiction in the county at any time after recording of the lien. The City shall be entitled to recover its costs, including costs for any record search, and reasonable attorney fees involved in any collection, enforcement action, or foreclosure involving fees or charges that may be due. Said costs and fees shall be additionally secured by any lien that has been filed. A prior lien for the purpose provided in this section shall not be a bar to a subsequent lien or liens for the purposes, and any number of liens on the same lot or tract of land may be enforced in the same action. The amount owing may also be collected by a civil suit instituted in the name of the City by the City Attorney at any time after the amount becomes delinquent.

(7) Notwithstanding any other provisions to the contrary, the remedies provided by this section shall be cumulative and supplemental to other remedies provided under this chapter.

(1) Any person desiring to obtain a connection to a sewer without first paying the fee required by this chapter for the connection shall make a written application for deferral of the charge on a form to be provided by the City Manager. The application shall fully state the resources and income of the applicant, and each person over 18 years of age proposing to live in the premises to be connected.

(2) If the family income is below the level of poverty, considering all of the persons in the household and income of each person in the household, and if there are no other resources available to pay the connection charge, payment of the charge shall be deferred. The level of poverty shall be considered to be $4,980 per year for one person in the household, and $1,740 per year for each additional person in the household.

(3) Deferral of the connection charge as provided herein shall not excuse the payment of the charge. Before any connection to the sewer system is made, the owner of the premises to be connected shall execute a note secured by a mortgage on the real estate involved. The note shall provide for payment of the charge in installments, with percent interest on the unpaid principal. The mortgage shall provide that no foreclosure action shall be brought unless the amount due has not been paid in full by the time of the death of the original mortgagor or the sale of or transfer of title of the property, whichever happens first. The foreclosure shall only be taken to the Council for authorization. (Ord. 50 § 2, passed 2-27-1985; Ord. 54 §§ 1 – 3, passed 4-24-1985; Ord. 132 § 2, passed 1-24-1996; Ord. 375 § 1, passed 1-10-2018. Code 1982 § 13-1-12. Code 2012 § 51.12.)