Sep 07 2012
ORDINANCE NO. 2012-5
AN ORDINANCE REQUIRING PROPERTY OWNERS OF RENTAL PROPERTIES AND THAT ARE USERS OF THE MUNICIPAL UTILITIES SYSTEM OF THE TOWN OF NORTH SALEM, INDIANA, TO CONTRACT DIRECTLY WITH THE MUNICIPAL UTILTIY FOR SERVICE TO RENTAL PROPERTIES
BE IT ORDAINED by the Town of North Salem, Hendricks County, Indiana, that:
WHEREAS, the Town Council of the Town of North Salem, Indiana, has heretofore constructed and has in operation a water treatment facility for the purpose of providing potable water to its citizens; and
WHEREAS, the Town Council acts as the governing board of the Town’s Water Corporation; and
WHEREAS, the Town Council finds that the current ordinances and policies of the Town’s Water Utility as they relate to providing water and sewer service to rental properties do not provide for consistently reliable payment for such service; and
WHEREAS, the Town Council wishes to require landlords/property owners to be responsible for the payment of water/sewer bills and thereby provide for more consistency in the cash flow of the municipal utilities;
NOW, THEREFORE, by the powers vested in the Town Council of the Town of North Salem, Hendricks County, Indiana, it is hereby:
ORDERED AND ORDAINED:
Section 1: Section 50.22 is hereby added to the North Salem Municipal Code and states as follows:
NSMC 50.22 BILLING AND CONTRACTING PROCEDURES FOR RENTAL PROPERTIES
(A) Effective January 1, 2013, all new contracts for municipal utility users for properties that are operated as rental properties shall be made between the Municipal Utility and the property owner (landlord). All costs related to providing water and sewer service to such rental properties shall be the responsibility of the property owner instead of the renter (tenant). It shall be the responsibility of the property owner to seek reimbursement for these costs from the tenant, if the property owner so chooses.
(B) In the event a property owner chooses to renegotiate the rental contract with a current tenant so as to comply with NSMC 50.22(A) without waiting for a change in tenant, then all outstanding amounts due and owing the Municipal Utility for that account shall be paid prior to the Municipal Utility billing change.
Sec. 1: If any provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provisions of this Ordinance that can be given effect without the invalid provision, and for this purpose the provisions of this Ordinance are hereby declared to be severable.
Sec. 2: All prior ordinances and North Salem Municipal Code provisions on this subject are hereby repealed to the extent they are inconsistent herewith. All prior ordinances and North Salem Municipal Code provisions on this subject that are not amended by this ordinance shall remain in full force and effect.
Sec. 3: This Ordinance shall be in full force and effect on January 1, 2013.
SAID ORDINANCE IS HEREBY PASSED AND ADOPTED THIS _____ DAY
OF ______________________, 2012.
Constituting a majority of the members of the Town Council of the
Town of North Salem, Indiana
Beth Russell, Clerk-Treasurer
For the Town of North Salem, Indiana