The Ridgewood Apartments in Cloverdale is officially on the clock to pay for outstanding water bills following action Tuesday night by the Cloverdale Town Council.
According to town officials, there was a sharp increase in water usage beginning in either July or August and town officials were faced with how to recoup the money from the apartment complex for usage.
Council vice president Brice Howell asked if it was determined whether or not a leak was responsible for the usage and council was told an underground leak was never found and the owner of the building believed the culprit was a leaky toilet.
"What I want to know is what caused it to go from 84,500 in August to 228,500 gallons in September and October, November and December we are back in normal range. Something was going on and the town can say for sure it was not on our end, correct," Howell said.
Cloverdale town manager Jason Hartman and town attorney Richard Shagley confirmed it was not the town's fault.
In discussing how to recoup the money, Council president Brandon Tancak was not in favor of offering a payment plan, stating he believed it would set a precedent for other customers requesting a payment plan.
After discussion, it was announced the town already has an ordinance when it comes to repayment plans and Howell said since the town states it does payment plans, Ridgewood Apartments should be on a payment plan for six months.
That was met by a request from Tancak for the exact wording of the ordinance.
"Before we go spouting off any figures, we need to know what the ordinance says. I don't want to table this another month, but I think we have to to make sure we have our ducks in a row and we understand what is currently in place for payment plans," Tancak said.
He was asked if he wanted the ordinance tonight and council asked how long would it take for the ordinance to be found.
Clerk treasurer Kelly Maners then left to print copies of the ordinance for the council to look over.
The ordinance, which was approved Nov. 17, 2016, states that customers who are unable to pay their utility bill by the due date are encouraged to contact the Utility Clerk to arrange a mutually agreed upon payment plan, with the goal of the payment plan being to bring a customer's account current. The utility clerk has a right to reject a proposed payment plan if it is determined it does not achieve the goal of bringing a customer's account current within a reasonable amount of time. Please note, upon property owners written request, no payment arrangements will be made and the bill will be due in full by the assigned shutoff date. Customers that have been sent a shutoff notice due to nonpayment must make payment arrangements within 24 hours of receiving notice. If a customer fails to comply with any term and/or condition contained within the agreed upon payment plan, the customer shall be subject to disconnection of his or her water service. Water service will not be reestablished until the bill has been paid in full. A reconnect fee of $75 will also be added.
"This is very vague information," Tancak said.
The council was also informed of a portion of the ordinance dealing with leaks/adjustments, which states, "In the event a customer has a reported water leak, town utilities will provide an adjustment to the sewer portion of the utility bill. All adjustments will follow guidelines stated within § 50.05. Owners and/or tenants must provide documentation of the location and repair of the leak. Absolutely no adjustments will be made to the water portion of the utility bill. Customers have the right to appeal to the Town Council at the monthly Town Council meeting. Customers must provide a written statement seven days prior to the meeting."
Howell said it was his opinion Ridgewood Apartments owed the money and the town has proved it is not on their own. The past due amount is $4,203.99 and Howell wants that amount spread out over six months and that is to be paid, along with the current bill.
The council voted 3-1 in favor of Howell's motion, with Tancak voting no.
Tancak said it was the first time the council has had to deal with an issue like this since he has been on council. And, he said the town has steps to take should Ridgewood Apartments not make good on the payment plan.
"In the ordinance, it does state that if terms are not kept by the customer, the clerk will notify council and the agreement will be voided immediately and money will be due in full in order to prevent shutoff of utility service," Tancak said.
He reiterated his fear of what could happen now.
"The ordinance is extremely vague related to this matter. My fear is now everyone will ask for forgiveness/payment plans, but the council voted, obviously, in favor of the six month payment plan," Tancak said.
