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ARTICLE V
DISTRICT FEES
Section 501 – Account Activation
Account activation shall begin upon installation of the water meter. Late fees will apply to accounts with outstanding balances at the time the permit is applied for with Yavapai County.
Section 502 – Hook up Fees
Definition of Hook up Fee
A hook-up fee is based on the cost of developing the water distribution and treatment facilities, and to install a water meter and backflow prevention device that are required to provide water to a particular water connection. The District shall collect a hook up fee from property owners requesting water capacity in the District’s water system. Additional capacity fees shall be collected if the property has or makes a change of use, expansion, or tenant improvement that require additional capacity as determined by the District, in accordance with the District Ordinance. Additional capacity requests will not be considered on properties with delinquent fees.
The capacity and hook up fee is based on a calculation pursuant to the District Ordinance for the specific requested use.
The revenue collected from hook up fees may be used for the District’s capital expenditures necessary to provide proper capacity, capital water system projects, payment of original construction costs, and capital equipment purchases.
Hook up fees are charged to each account upon activation or change of use. Late fees will apply to accounts with outstanding balances at the time the permit is applied for with Yavapai County.
The hook up fees are the responsibility of the property owner and the right to water capacity runs with the land and is limited to the approved and paid for capacity.
Formula for Calculation of Capacity Fee
For use in design and monitoring plant capacity, a per fixture use will apply as listed in Article IX. All User Classes that apply to one account will be combined for calculation of fees.
No. of fixtures x rate per fixture = Total Capacity
Total Capacity x Hook up Fee Rate = Hook up Fee
Hook up Fee Rate
The hook up fee rate is established as set forth in the most current Resolution.
Section 503 - Permit Fees
Permit Fees are for connection to the District’s water system. This fee is to cover the District’s administrative and operational costs involved to process the application and inspection.
Prior to construction and/or connection the property owner shall submit an Application for Water Service along with the hookup fee, permit fee and any other applicable fees.
All fees shall be paid in full to the District prior to an application approval.
Permit Fee Rate
Permit fees are established at a rate per Application for Water Service, as set forth in the most current Resolution.
Section 504 - User Fees
User Fee Definition
User Fees are proportionate shares of the cost of operation, maintenance, and replacement of a water treatment and distribution system, and may include the cost of administrators, surveyors, sanitation experts, engineers, legal counsel and other persons as are reasonably necessary for the operation, maintenance and replacement of the system. These costs shall be allocated among all properties connected to the water system, whether or not they are using water. Billing may begin when the connection is made to the system. All user fees will be billed to, and are the sole responsibility of, the property owner. For unpaid user fees the District may send a Shut Off Notice to property owners. A $500.00 reconnection fee will be charged to the property and shall be paid to the District along with the unpaid user fees prior to reconnection.
Minimum User Fee: User fees for connected properties, but whose usage falls below the minimum cost per account for the District’s operation and maintenance expenses shall be charged the Minimum Charge per account per month.
Monthly Billing Cycle and Interest
User Fee charges will be billed after the first day of each month and due within ten (10) days. Such charges will be delinquent if not paid within the due date. Delinquent service charges shall bear an interest charge of 10% per annum. Once delinquent, the District shall mail a Shut Off Notice to the property owner’s last known address on file for that particular property with the Yavapai County Assessor’s Office, and to the connected property location. A reconnection fee of $500.00 shall be paid to the District along with all delinquent user fees prior to reconnection.
Any and all unpaid service charges and/or penalties may be collected by court action, together with all costs of action and attorney's fees.
Formula for Calculation of User Fees
The District Ordinance fee schedule shall be used to determine user fees based on the base rate per ERU plus water usage, or a minimum charge may apply. All User Classes that apply to one account will be combined for calculation of fees.
Base rate + water usage in excess of base amount x rate = User Fee
User Fees Rates
The User Fee Rate is established at a rate as set forth in the most current Resolution.
The Minimum User Fee Rate is established at a rate per account per month, as set forth in the most current Resolution.
Section 505 – Activation/Transfer Fee
An activation/transfer fee will be charged to each account upon activation, transfer of ownership or changes in the account name. All fees and service charges shall be billed to, and the sole responsibility of, the property owner.
Activation/Transfer Fee
The activation/transfer fee rate is established at a rate as set forth in the most current Resolution.
Section 506 – Late Fees, Delinquencies, Liens, and Interest
A late fee may be charged if the payment of any fee prescribed by this article is delinquent for more than fifteen (15) days. The late fee rate is established at a rate as set forth in the most current Resolution.
Delinquent service charges shall bear an interest charge of 10% per annum. Once delinquent, the District shall mail a Shut Off Notice to the property owner’s last known address on file for that particular property with the Yavapai County Assessor’s Office, and to the connected property location. A reconnection fee of $500.00 shall be paid to the District along with all delinquent user fees prior to reconnection.
Any and all unpaid service charges and/or penalties may be collected by court action, together with all costs of action and attorney's fees. For accounts with fees delinquent in excess of ninety (90) days the District may proceed with collections pursuant to the applicable Arizona Revised Statutes as follows:
The District may file a lien on property for the nonpayment of user fees for services provided to the property if the fees are delinquent for more than ninety (90) days. At least thirty (30) days before filing the lien, the District shall provide written notice to the owner of the property and shall include a notice of an opportunity for a hearing before the Board of Directors or their designated officer. The notice of lien shall be personally served on the property owner or mailed by certified mail to the property owner’s last known address or to the address to which the most recent property tax assessment was mailed. If the property owner does not reside on the property, the notice shall be mailed by certified mail to the owner’s last known address.
The unpaid user fees are a lien on the property from the date of recording in the office of the County Recorder in the County in which the property is located until the fees and all costs are paid.
A sale of the property to satisfy a lien assessed pursuant to this section shall be made on a judgment of foreclosure and order of sale. The District may bring an action to foreclose the lien in the Superior Court in the County in which the property is located any time after recording. Failure to foreclose the lien does not affect its validity. The recorded unpaid user fees are prima facie evidence of the truth of all matters recited in the recording and of the regularity of all proceedings before the recording.
Unpaid user fees pursuant to this article accrue interest at the rate of 10% per annum.
The District shall add all costs incurred by the District including interest, attorney fees and costs in filing and enforcing the lien, to the unpaid user fees, and the costs are a liability of the property owner payable from the proceeds of the sale.
Prior assessment of unpaid user fees pursuant to this section does not bar a subsequent assessment pursuant to this section, and any number of liens on the same parcel of property may be enforced in the same action.
Additional capacity requests will not be considered on properties with delinquent user, hookup or capacity fees.
Section 507 - Return Check Charge
The District may charge a $25.00 return check charge for all checks returned for Insufficient Funds.
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