General Assembly: 86 (2015 Regular GA) - Chapter 90 - Wastewater, sewer system, storm water drainage, and sewage treatment services — delinquent accounts


Published: 2015-05-01

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CHAPTER 90 WASTEWATER, SEWER SYSTEM, STORM WATER DRAINAGE, AND SEWAGE

TREATMENT SERVICES — DELINQUENT ACCOUNTS

H.F. 507

AN ACT relating to certain delinquent accounts for wastewater, sewer system, storm water drainage, and sewage treatment services.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 384.84, subsection 3, Code 2015, is amended by adding the following new paragraphs: NEW PARAGRAPH. e. (1) A legal entity created pursuant to chapter 28E by a city or

cities, or other political subdivisions, and public or private agencies for the purposes of providing wastewater, sewer system, storm water drainage, or sewage treatment services shall have the same powers and duties as a city utility or enterprise under this subsection with respect to account holders and subsequent owners, or with respect to properties and premises, associated with a delinquent account under this subsection. (2) The governing body of a city utility, combined city utility, city enterprise, or combined

city enterprise may enter into an agreement with a legal entity described in subparagraph (1) to discontinue water service to a property or premises if an account owed the legal entity for wastewater, sewer system, storm water drainage, or sewage treatment services provided to that customer’s property or premises becomes delinquent. The customer shall be responsible for all costs associated with discontinuing and reestablishing water service disconnected pursuant to this paragraph. (3) This paragraph shall not apply to a property or premises if, prior to July 1, 2015, the

account holder for that property or premises had an established account with a legal entity described in subparagraph (1) for the provision of wastewater, sewer system, storm water drainage, or sewage treatment services to the property or premises. NEW PARAGRAPH. f. (1) A legal entity providing wastewater, sewer system, storm

water drainage, or sewage treatment services to a city or cities or other political subdivisions pursuant to a franchise or other agreement shall have the same powers and duties as a city utility or enterprise under this subsection with respect to account holders and subsequent owners, or with respect to properties and premises, associated with a delinquent account under this subsection. (2) The governing body of a city utility, combined city utility, city enterprise, or combined

city enterprise may enter into an agreement with a legal entity described in subparagraph (1) to discontinue water service to a property or premises if an account owed the legal entity for wastewater, sewer system, storm water drainage, or sewage treatment services provided to that customer’s property or premises becomes delinquent. The customer shall be responsible for all costs associated with discontinuing and reestablishing water service disconnected pursuant to this paragraph. (3) This paragraph shall not apply to a property or premises if, prior to July 1, 2015, the

account holder for that property or premises had an established account with a legal entity described in subparagraph (1) for the provision of wastewater, sewer system, storm water drainage, or sewage treatment services to the property or premises.

Sec. 2. Section 384.84, subsection 6, Code 2015, is amended to read as follows: 6. a. The governing body of a city utility or city enterprise providing wastewater, sewer

system, storm water drainage, or sewage treatment services may file suit in the appropriate court against a customer if the customer’s account for such services becomes delinquent pursuant to subsection 3. The governing body may recover the costs for providing such services to the customer’s property or premises and reasonable attorney fees actually incurred. b. A legal entity described in subsection 3, paragraph “e” or “f”, shall have the same powers

and duties as a city utility or enterprise under paragraph “a” with respect to filing suit in an

CH. 90 2

appropriate court against a customer if the customer’s account for such services becomes delinquent.

Approved May 1, 2015