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HomeMy WebLinkAbout1594-06 Lake Newell Resort - Sewer BylawCOUNTY qF NEWELL N0.4 BYLAW NO. y 594-06 A BYLAW OF THE COUNTY OF NEWELL NO. 4 IN THE PROVINCE OF ALBERTA, RESPECTING THE SUPPLY AND CONTROL OF SEWER SERVICES TO THE RESIDENTS AND CONSUMERS BENEFITING FROM THE PUBLIC UTILITY REFERRED TO AS "THE LAKE NEWELL RESORT AREA SEWAGE SYSTEM". WHEREAS the Municipal Government Act empowers the County of Newell No. 4 (hereinafter referred to as the "County") to pass bylaws respecting the supply and regulation of public utilities that are being maintained by the County, and; WHEREAS the Municipal Government Act empowers the County to pass bylaws respecting the control, operation and management of its sewage systems; NOW THEREFORE, the Council of the County of Newell No. 4 duly assembled, enacts as follows: 1.0 TITLE This bylaw may be referred to as the "Lake Newell Resort Area Sewer Bylaw". 2.0 DEFINITIONS "Approving Authority" shall mean the Chief Administrative Officer (C.A.O.) of the County of Newell No. 4 or his duly authorized representatives. "Appurtenance" shall mean any fixture, receptacle, apparatus or device, which is attached to or forms part of a sewage system. "Building Drain" shall mean part of the lowest horizontal piping which receives the discharge from soil waste or other drainage pipes within a building and conducts it to the building sewer beginning at the property line. "Building Sewer" shall mean that part of a drainage system outside of a building commencing at the property line and connecting to the building drain. "Consumer" shall mean any owner, tenant, occupant or person in charge of premises, to whom the County is providing sewer services. "Council" shall mean the Municipal Council of the County of Newell No. 4. "County" shall mean the County of Newell No. 4. County of Newell No. 4 Bylaw No. 1594-06 Page 2 _ "County Forcemain" shall mean the sanitary sewage forcemain, pumping & metering station and related appurtenances constructed by the County and located approximately as shown on the Map attached as Schedule "C" of this bylaw. "Grease & Oil" shall mean an organic substance recoverable by procedures set forth in the latest edition of "Standards Methods" and includes but is not limited to hydrocarbons, esters, fats, oils, waxes and high molecular carbosylic acids. "Inspector" shall mean a person authorized by the C.A.O. to make inspections and/or to take samples where required and to otherwise enforce this bylaw. "Lake Newell Resort Area" shall mean the area indicated on the Map attached as Schedule "B" to this bylaw. "Lake Newell Resort Area Sewage System" shall mean that portion of the sewage system owned by the County including all pipes, fittings, fixtures and appurtenances for the collection, transportation, pumping and treatment of sewage to service the Lake Newell Resort Area. The Lake Newell Resort Area Sewer System is hereinafter referred to as the "Sewage System". "Occupant" shall mean a person who has the actual use, possession or control of serviced premises. "Owner" shall mean a person who is the registered owner of the building or property or purchaser under an agreement for sale of serviced premises. "Person" shall mean any individual, partnership, firm, company, association, society, corporation or group. "pH" shall mean the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution as a measure of acidity or alkalinity. "ppm" shall mean parts per million by weight. "Point of Connection" shall mean the location at which the County forcemain is connected to the Town sewage system. "Premises" shall mean lands, buildings, structures and improvements thereon. "Safety Codes Officer" shall mean a qualified person certified by the Provincial Government to perform inspections related to the Provincial Safety Codes Act and Plumbing regulations. "Sanitary Sewer Agreement" shall mean the Agreement dated September 3, 2003 (and any subsequent amendments made thereafter) County of Newell No. 4 Page 3 Bylaw No. 1594-06 between the County of Newell No.4 and the Town of Brooks whereby the Town will treat sanitary sewage from certain specified areas of the County of Newell "Service Charge" shall mean the basic assessment levied on all users of the Sewage System whose wastes do not exceed in .strength any concentration values established in this Bylaw. "Serviced Premises" shall mean premises, which have been connected to and are serviced by the Lake Newell Resort Sewage System. "Sewage" shall mean a combination of the water carried wastes from residences, business, institutional and industrial establishments together with such ground, surface and storm waters as may be present. "Standard Methods" shall mean the examination and analytical procedures set forth in the most recent edition of Standard Methods for the Examination of Water and Wastewater", published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation. "Town" shall mean the corporation of the Town of Brooks and the area contained within the boundaries thereof. "Town System" shall mean the sewage collection, treatment and disposal facility owned by the Town. "Wastewater" shall mean sewage. 3.0 MUNICIPAL OFFICIAL 3.1 The C.A.O. is hereby deemed to be the "Chief Administrative Officer". 3.2 The Public Works Superintendent may establish standards, guidelines and specifications for the design, construction and maintenance of the Sewage System in accordance with generally accepted standards. Such standards will include measures to ensure ground and/or storm water does not enter into the County Forcemain. 3.3 For the purpose of administering or enforcing the provisions of this bylaw, the CAO may delegate his powers to one or more employees of the Public Works Department and the said employees shall be deemed to be authorized agents of the C.A.O. In that regard, employees of the Finance Department engaged in sewer billing and collection functions shall also be deemed to be authorized agents of the C.A.O. County of Newell No. 4 Page 4 Bylaw No. 1594-06 4.0 GENERAL 4.1 Provincial & Federal Regulations In addition to the conditions and requirements outlined in this bylaw, all applicable Provincial and Federal regulations and requirements are in effect whether specifically stated or not. 4.2 Authori a) The C.A.O. or his designate is hereby authorized to administer and enforce the provisions of this bylaw. In addition to those duties, without limiting them, the C.A.O. may levy charges and fines in accordance with this bylaw. b) The C.A.O. shall have the discretion to discontinue sewerage services in the event of non-compliance herewith. 4.3 Supply of Service As outlined in the agreement with the Town of Brooks, the Town of Brooks owns and operates a sanitary sewage system for the collection and treatment of sanitary sewage. As such, the Town of Brooks agrees to treat sanitary sewage from certain specific areas of the County of Newell No.4. The County having constructed, operated and maintained the "Lake Newell Resort Area Sewage System" as a public utility shall continue, insofar as there is sufficient capacity available, and upon such terms as outlined in the Sanitary Sewer Agreement, to collect sewage from any resident or other consumer within the benefited area. The following restrictions are currently in place with respect to the origin of the sewage delivered to the Town of Brooks at the "point of connection": a) Existing and future residential dwelling units [to a maximum of seven hundred (700) dwelling units] located within the Lake Newell Resort Area. Notwithstanding that the maximum residential dwelling units to be serviced is seven hundred (700), the existing County Forcemain has a capacity of four hundred and fifty two (452) dwelling units, the locations of which have been identified by the County of Newell. No connection to the County Forcemain is permitted from outside of the identified locations. Connection from outside of the identified locations will require the developer to construct a second Forcemain to the Point of Connection. County of Newell No. 4 Page 5 Bylaw No. 1594-06 b) The existing development at the Silver Sage Corral. c) The following types of commercial properties in the Lake Newell Resort Area: - IVlarinas - Convenience Store d) Such other locations or developments, which the Town of Brooks may approve in writing from time to time. e) Whenever the Town deems it necessary to encourage voluntary or impose compulsory restrictions on sewage disposal, the County shall encourage or enforce the same on its consumers. f) Where practicable, the County will provide prior notice of any interruption of service and shall use reasonable efforts to ensure that any interruption in service is as short in duration and occurs at times least inconvenient to its consumers as circumstances permit. 4.4 Sole Source of Service No person in the Lake Newell Resort Area shall use a source of sewage disposal other than the Sewage System without consent of the County. a) Further to Section 4.4, the County may give its consent for a person to use an alternate source of sewage disposal subject to terms and conditions as deemed necessary and notwithstanding the generality of the foregoing may .set a limit on the period of time for which an alternate supply may be used. b) No person who has been granted permission to use an alternate supply shall allow that alternate supply to be connected to the Sewage System. 4.5 Alterations To Sewer Svstem a) No person(s) may maintain, repair, replace or upgrade the Sewage System without being contracted by the County to do so. b) No person except those acting with the C.A.O.'s permission shall tamper with any connection of any public or private pipes or mains, either in the streets, lanes, houses or private grounds. County of Newell No. 4 Page 6 Bylaw No. 1594-06 c) No person(s) may connect to or extend the Sewage System without first obtaining approval and permission from the County and/or other regulatory bodies. 4.6 Consumer Responsibility A consumer is responsible for providing such facilities as the County considers necessary in order to have a continuous and uninterrupted access to the Sewage System for the consumer's specific needs provided such facilities are approved by the County and also provided that such facilities do not interfere with the operation of the Sewage System. 4.7 Ownership of the Sewer Service Connection by the County The County is the owner of the sewer service connections within any street, including those within a bare land condominium plan, lane, easement or County property. No person(s) shall make connections to any service lines or sewer mains without first having obtained permission to do so from the County. 4.8 New Services a) The owner shall, at its own expense, have installed that portion of the sewer service connection that is on condominium property or that is on County property and which runs from the County sewer main to the property line of the street, lane or boundary of an easement or right-of- waygranted to the County for its utility system. The owner of a property is responsible for all costs related to servicing on a property. b) The Council may refuse new connections at any time for any reason, which it may consider sufficient. Applicants refused shall be provided with reasons therefore. c) Any owner who desires to have an existing sewer service connection within any street, including those within a bare land condominium plan, lane, easement or County property replaced with a connection of a different size or relocated to a different location, shall apply to the County in writing for approval, and the County may authorize the work to be carried out at the sole expense of the owner. 4.9 Winter Connections Service connections to the sewer mains shall not be made between November 1St and April 1St of the following year unless _ otherwise approved in writing by the County. County of Newell No. 4 Page 7 Bylaw No. 1594-06 4.10 Frozen Connections If a sewer service connection is frozen on private property, it shall be the owner's responsibility to have it thawed at the owner's expense. 4.11 Access To Premises a) Inspectors, agents, contractors or employees of the County shall have the right to clear and unobstructed access to enter onto private property receiving the sewerage service at all reasonable hours of the day for the purpose of disconnection of services for violation of any provisions of this bylaw, conducting inspections, usage surveys, sampling, leakage, etc. If upon inspection, it is discovered that there exists any misuse of utilities all previous payments on account of utility rates will be forfeited and the supply cut off. b) In the event that an animal is present on the private property and that animal attacks or threatens the personal safety of the inspectors, agents, contractors, or employees of the County, or acts in a manner such as to cause the inspectors, agents, contractors or employees of the County to reasonably believe that their personal safety is threatened or that an attack is imminent, the owner of the property and/or the person having possession or control of the animal shall take such action as necessary to control the animal and remove the danger to the inspectors, agents, contractors or employees of the County. c) In the event that an inspector, agent, contractor or employee of the County is attacked by an animal, or an animal acts in a manner so as to cause the inspector, agent, contractor or employee of the County to reasonably believe that an attack is imminent, the inspector, agent, contractor or employee of the County shall be entitled to use such reasonable force as is necessary to ensure their personal safety and ability to perform their job. Where the circumstances of the case require, such actions may include the use of such animal repellants as are legally available for use within the Province of Alberta and which have been provided for use by the County. 5.0 SEWAGE COLLECTION SYSTEM 5.1 Authority County of Newell No. 4 Bylaw No. 1594-06 5.2 Page 8 a) The provisions of this bylaw shall apply to all persons using the Sewage System. b) Any owner or occupier of property connected or required to be connected to the Sewage System shall, upon request of the C.A.O. provide such information as the type, quantity and chemical composition of pollutants which are or may be handled, stored or used on that property, or discharged into the sewerage system. c) The Inspector shall be permitted reasonable access upon property serviced by the Sewage System for the purpose of inspection, measurement, sampling and testing in accordance with this bylaw. If such inspection discloses any act or omission contrary to the provisions of this bylaw or the inspection discloses any defect or insufficiency in the location, construction, design or maintenance of any equipment in connection with the wastewater discharge, the Inspector shall in writing notify the owner, proprietor or occupier of the premises to correct the act or omission or any defect or insufficiency. In the event of continued noncompliance, the approval to operate or use said premises shall be revoked until such time as proper maintenance or alterations have been made. No person shall obstruct or interfere with the Inspector in the discharge of his duties under this bylaw. Sewer Service a) No person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenances thereof without prior written authorization from the C.A.O. b) No person shall connect private sewer lines to the Sewage System without first obtaining the necessary written approval from the County. c) The County shall maintain the sewer service from the main to the property line and assume responsibility for blockages caused by tree roots and/or collapsed service lines; otherwise it shall be the responsibility of the property owner, to correct any blockage. d) The proper care and maintenance of the sewer service connection line from the property line and thereafter shall be the responsibility of the owner or the occupant. Where the sewer line becomes plugged the owner or occupant must first call a qualified plumber and attempt to clean the line or establish the probable cause at his own expense. The County will be responsible for the cost of excavation County of Newell No. 4 Page 9 Bylaw No. 1594-06 and repair only if it is found that the cause of the toppage is the result of faulty material or construction from the property line to the main line. e) In the event that any sewer service or private sewer system is abandoned, the owner or occupier, at his expense, shall effectively cap the sewer at a suitable location within his property in order to prevent wastewater. and storm water from backing up into the soil and to prevent soil or dirt from being washed into the sewer. f) No person shall allow water collected from foundation drains or weeping tiles, sumps from weeping tiles, roof drains, eaves troughs, yard drains or roof spouts to enter the Sewage System. 5.3 Use of Sewage System a) No person shall discharge or cause to be discharged any surface water, storm water, ground water, roof run-off, pooling water, sub-surface drainage or unpolluted clear water waste to the Sewage System. The C.A.O. may on application authorize such discharge where exceptional conditions prevent compliance with the foregoing provisions. b) Except as hereinafter provided, no person shall discharge, or cause or permit to be discharged any of the following described waters or wastes to the Sewage System: - Any liquid or vapor having a temperature higher than 170°F. - Any gasoline, benzene, naptha, fuel oil or other flammable or explosive liquid, solvent or gas. - Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood or other. solid or viscous substance capable of causing obstruction to the flow of sewers or other interference with the proper operation of the sewage works. - Animal parts and waste including but not limited to: • Any paunch manure or intestinal contents from horses, cattle, sheep or swine; • Animal hooves, toenails or bone scraps; • Animal intestines or stomach casings; • bones; • Hog bristles; County of Newell No. 4 Page 10 Bylaw No. 1594-06 • Hides or parts thereof; • Animal fat or flesh in particular larger than will pass through a 1/4 inch screen; • Horse, cattle, sheep or swine manure; • Poultry entrails, heads, feet, feathers or eggshells; • Fleshings and hair resulting from tanning operations; • Grease in excess of 100 ppm; • Oil or petroleum or the wastes therefrom. c) Any waters or wastes having pH lower than 5.5 or higher than 9.5 or having any other corrosive property capable of causing damage or hazard to structure, equipment, biological sewage treatment processes, or personnel of the sewage works. d) Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant. e) Any noxious or malodorous gas of substance capable of creating a public nuisance. f) In case any blockage, either wholly or in part of said sewage system is caused by reason of failure, omission or neglect to comply strictly with the foregoing provisions, the owner, proprietor or occupier concerned therein shall, in addition to any penalty for infraction of the provisions hereof, be liable to the County for all costs of clearing such blockage and for any other amount for which the County may be held legally liable because of such blockage. g) Under no circumstances will wastewater (i.e. septic tank sludge) hauled from other locations within the County be permitted to be discharged into the Sewage System. 5.4 Sampling And Pretreatment a) All measurements, tests and analyses of the characteristics of sewage or water to which reference is made in this bylaw shall be: - determined in accordance with the latest edition of "Standard Methods"; County of Newell No. 4 Page 11 Bylaw No. 1594-06 - determined upon methods consistent with, or published in the professional literature. The measurements, tests and analyses shall be determined from sampling points approved by the C.A.O. b) The Approving Authority shall, from time to time, review the service charges payable under Schedule "A" attached hereto, with a view of recommending to County Council that certain revisions be made in order to maintain such charges commensurate with current sewage service costs in the County of Newell No. 4. 6.Q RATES/PENALTIES/PAYMENT OF UTILITY BILLS 6.1 a) The sewer rates to be charged by the County and payable to the County under the terms of this bylaw for the supply of sewer services to the consumer, shall be those set forth in attached Schedule "A". Schedule "A" shall form part of this bylaw and may be amended by resolution from time to time by Council. b) Collection of the revenue derived from the sewer collection system, the payment of disbursements connected therewith, and the supervision of all accounts and records shall be under the immediate control and direction of the Finance Officer. c) All accounts including interim accounts for sewerage service shall be due and payable when rendered. Non- receipt of a utility bill does not exempt a consumer from payment for the services provided. d) Notwithstanding the provisions of Section 6.1 a) of this bylaw, the Council of the County of Newell No. 4 shall have the right to make special arrangements on terms fixed by Council with certain users when an equitable sewer charge cannot be established under Section 6.1 a) 6.2 The sewer collection and treatment rates set out in Schedule "A" shall be levied bi-monthly against all users of the Lake Newell Resort Area Sewage System. In addition, prior year's operating costs for the Lake Newell Sewer Line shall be levied equally each year against all users of the Lake Newell Resort Area Sewage System as set out in Schedule "A". In addition, Council may, by resolution, add an amount to be transferred to a reserve for future upgrades or repairs to the system. This transfer to reserve shall be levied equally against all users of the Lake Newell Resort Area Sewage system as set out in Schedule A. County of Newell No. 4 Page 12 Bylaw No. 1594-06 A summary of the prior year's revenues and expenditures comprising the annual levy shall be sent to all owners and the Lake Newell Resort Condominium Association. 6.3 a) When the occupant is the owner of a building or lot or part of a lot, the sum payable by them for the sewerage service supplied by the County to them or their use and all rates, costs and charges imposed by this bylaw are a preferential lien and charge on the building or lot or part of a lot and on the personal property of the debtor and may be levied and collected in a like manner as municipal rates and taxes are recoverable. Any rates, costs or charges that may be levied or collected as taxes against a person may be entered on the assessment and tax roll at any time after thirty (30) days from the billing date. b) When the occupant to whom the sewerage service has been supplied is a person other than the owner of a building or lot or part of a lot, the sum payable by the occupant is a debt due by him and is a preferential lien and charge on his personal property and may be levied and collected with costs by distress in accordance with the Seizure Act. 6.4 Fines -General Any person who contravenes any provision of this bylaw or any order made thereunder is guilty of an offence and upon Summary Conviction is liable to a penalty for each offense of not less than fifty dollars ($50.00) and not more than five hundred dollars ($500.00) plus costs. 6.5 Fines -Sewage Collection System a) The C.A.O. may authorize discontinuation of sewer service and may plug or seal off the sewer line discharging unacceptable sewage, when provisions of this bylaw are not complied with. b) The sewage may be prevented from being discharged into the sewerage system until evidence satisfactory to the C.A.O. has been produced that no further breaches of the provisions of this bylaw will occur or are likely to occur. c) All persons who by themselves, their servants or agents, by act, default,. neglect or omission, occasion any loss, damage or injury to the sewerage system are liable to the County for or in respect thereof. County of Newell No. 4 Page 13 Bylaw No. 1594-06 d) i) any person not complying with this bylaw shall be responsible for all fines, penalties, and costs resulting from that act. ii) the costs imposed on the owner or occupier referred to in subsection d)i) also include fines imposed upon the County by the Federal or Provincial Government as a result of the said owner or occupier non-compliance with this bylaw. e) Where the owner of land with a sewer connected to the sewerage system allows more than one person, either by lease or by other arrangement, to use the land or a portion thereof, and there is discharge to the sewerage system substances prohibited by this bylaw, the owner, whether or not one or more of the persons occupying the land is prosecuted in respect thereof, is guilty of an offence and is liable to be prosecuted pursuant to Clause 6.4 of this bylaw. f) If, in the C.A.O.'s opinion, there is evidence that oversized solids are entering the County sewer system from any sewer connection, then the County may install a screen between the connection and the County sewer system at the owner's expense. The above screen will have a minimum size of 20mm square openings and shall be the responsibility of the person contributing waste through that connection to remove any solids collected on the screen and dispose of these solids in an approved manner. The County will not be responsible in any way for any disruption of service, which may occur due to blockage of the screen by solids. g) Any person violating any provision of this bylaw shall be served by the County with written notice stating the nature of the violation, and be provided with a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. h) Nothing in this bylaw relieves any persons from complying with any provision of Federal or Provincial legislation or any other bylaw of the County. 7.0 LIABILITY FOR DAMAGES INCURRED 7.1 Except as provided for in the Municipal Government Act, and amendments thereto, or other relevant legislation, the County is not liable for damages: County of Newell No. 4 Bylaw No. 1594-06 Page 14 a) caused by the break of any County sewer main/sewer service connection or other pipe or for the settlement of any excavation or trench made for the installation, repair or maintenance of any part of the sewer service or, b) caused by emergencies as determined by the C.A.O. or his designate, force majeure, acts of God, strikes or lockouts and other utility outages. 8.0 DELEGATION OF AUTHORITY The Municipal Council of the County ofi Newell No.4 hereby delegates to the C.A.O. the power to: a) Fix, in connection with the utility, the times and places where rates and charges outlined in Schedule "A" are payable; b) Collect the rates and charges in connection with the sewer collection system; c) Enforce payments of those rates and charges by all or any of the following methods, namely: i) by action in any court of competent jurisdiction; ii) by discontinuing the service to the consumer; iii) by distress and sale of the goods and chattels of the person owing rates and charges wherever they may be found in the municipality; iv) by transfer to taxes pursuant to the Municipal Government Act as amended, plus fee for transfer. d) Enforce the terms and conditions under which the sewer services are supplied either: i) by enforcing this bylaw; or ii) by enforcing any agreement made between the County as supplier and consumer; or iii) by enforcing Provincial/Federal regulations where the authority exists. Including discontinuing the service thereof until the consumer complies with the terms and conditions of the bylaw or Provincial/Federal regulations. County of Newell No. 4 Bylaw No. 1594-06 Page 15 9.0 NOTICE In any case where the County is required to notify a consumer or owner pursuant to this bylaw, the C.A.O. or his designate shall affect such service either: a) by causing a written copy of the notice to be delivered to and left in a conspicuous place at or about the premises within which the utility was being consumed by the owner or the consumer affected by such notice; or b) by causing a written copy of the notice to be mailed or delivered to the last known address of the owner as disclosed in the land registry system established by the Land Titles Act of Alberta; or c) by causing a written copy of the notice to be mailed or delivered to the last known address of the owner as provided by the consumer or owner on a change of address notification. 10.0 EFFECTIVE DATE This Bylaw shall take effect on date of final passing, at which time Bylaw 1509-05 is rescinded. October 19, 2006 October 19, 2006 October 19, 2006 Moved by Councillor Nesbitt that Bylaw 1594-06 receive first reading. Moved by Councillor Vermeeren that Bylaw 1594-06 receive second reading. Moved by Councillor Eastman that Bylaw 1594-06 receive third and final reading. ~' 3 eeve County Administrator County of Newell No. 4 Bylaw No. 1594-06 SCHEDULE "A" RATES Page 16 1. Every user connected to the Lake Newell Resort Area Sewage System shall be charged Bi-Monthly sewage collection and treatment rates in accordance with the following: a) Each residential dwelling, dwelling with self-contained suite or suites, duplex, multiple dwelling and each stall in every trailer court: Effective February 2, 2006: Flat Rate Service Charge of $16.06 Per Unit Effective January 1, 2007: Flat Rate Service Charge of $17.35 Per Unit Effective January 1, 2008: Flat Rate Service Charge of $'18.73 Per Unit 2. Every user connected to the Lake Newell Resort Area Sewage System shall be equally charged Annually for their portion of the prior year's operating costs for the Lake Newell Sewer Line. In addition, Council may, by resolution, add an amount to be transferred to a reserve for future upgrades or repairs to the system. This transfer to reserve shall be levied equally against all users of the lake Newell Resort Area Sewage System as set out in Schedule A. Collection of Rates The rates charged shall be due and payable when rendered. All payments are to be received within thirty (30) days of the billing date. All unpaid balances will be transferred to the corresponding property tax account after the due date when the occupant is the owner of a building, or lot or part of a lot and be subject to all applicable penalties. When the occupant is a person other than the owner of a building or lot, or part of a lot, all outstanding balances is a debt due by him and is a preferential lien and charge on his personal property and may be levied and collected with costs by distress in accordance with the Seizure Act. Non-receipt of a utility bill does not exempt a consumer from payment for the services rendered.