13.04.020 - Water Rates—Billings, Deposits, Refunds.
A. Metered Rate—Monthly Charge. All single-family dwellings, and all other types of dwellings, commercial businesses, buildings, irrigation systems, or establishments requiring water service shall be furnished such service through a metered connection. Water rates shall be approved by City Council and published on the City's web site.
On October 1 of each year, the rates will be increased by a minimum of three percent until such time that they are changed by City Council.
Notes:
1. The monthly usage rate tables apply to a monthly billing cycle. The City will endeavor to maintain a monthly read cycle. The daily charge is the amount of days in the actual read cycle.
2. Multiple meters serving residential accounts will be assigned a fixed number of units to calculate the structure.
B. Fire Service Rate Schedule. Applicable to all services through which water is used exclusively for the purpose of extinguishing fires: Fire service rates shall be approved by City Council and published on the City's web site.
On October 1 of each year, the rates will be increased by a minimum of three percent until such time that they are changed by City Council.
The consumption charge on fire services will be in accordance with Section 13.04.020 A., but the highest consumption rate will apply to all consumption.
C. Charges to governmental agencies for water available through public fire hydrants shall be periodically negotiated with appropriate governmental agencies and shall be billed accordingly.
D. Water Rates Exception. Nothing whatsoever contained in this section shall be deemed to apply to, nor govern the water rates providing for the furnishing of water services to any contract user for the furnishing of water services outside the City limits of the City's water service system, except as determined by the agreement.
E. Water Rates—Senior Citizen. Senior citizens as defined in this chapter shall be charged a service charge of one-half of that daily service charge defined in this section, and a rate per one thousand (1,000) gallons equal to the average cost of water per one thousand (1,000) gallons purchased by the City during the preceding year. This rate will be recomputed each September 1 by the Director or designee. To qualify for the senior citizen discount, applicant must be enrolled in the Nevada Energy Assistance Program (EAP), as defined by the Nevada Division of Welfare and Supportive Services, or a similar program as approved by the Director. Participants in this program are required to requalify annually. Proof of age and enrollment shall be required.
F. Billing Procedure. In all cases the property owner or owners shall be liable for all water services imposed herein, including water charges and wastewater service system fees charged pursuant to Section 13.24.080. Failure to pay for any of these services billed shall constitute default on all. All fees due shall be a debt and obligation for the person or persons using these services and shall constitute a lien against the premises served. Such person using these services or property owner whose property is furnished these services shall be liable therefore in any action commenced by the City for the recovery of such fees in any court of competent jurisdiction. Failure to pay the entire amount shown on the monthly bill by the established due date will result in a late penalty charge of ten (10) percent of the entire bill. In the event the bill remains unpaid after ten (10) days of the next consecutive monthly billing date, all utility services may be discontinued until such time as the entire amount shown on the latest bill is paid together with a turn-on service fee of twenty-five dollars ($25.00). In the event turn-on service is required between the hours of three p.m. and eight a.m. on Monday, Tuesday, Wednesday and Thursday, or between three p.m. Thursday and eight a.m. Monday, the service charge will then be sixty dollars ($60.00). If additional costs are incurred in the enforcement of the discontinuance of the water service, the water customer will be required to pay these additional charges prior to the reconnection of service.
1. Correction of billing errors shall be made on the next regular bill, where possible, but in no case will the City make corrections retroactively for a period of more than twenty-four (24) months.
2. Payment arrangements where a customer pays less than a full payment are made at the discretion of the Director or the designated person.
3. Overpayments due to billing errors are normally credited to the account. At the discretion of the Director or designee, a refund of the overpayment may be made.
4. Customers who fail to pay their utility bill after the services are discontinued are subject to a collection fee of twenty-five dollars ($25.00) or twenty-five percent (25%) of the balance due and may be reported to a collection company and a credit reporting service.
5. The City may collect such delinquent fees, rates, and charges (a) in accordance with the requirements of NRS 268.043, by having the delinquent fees, rates, and charges collected at the same time as, together with and not separately from, Clark County's general taxes; (b) by perfecting the City's lien upon the property to which service is rendered by filing/recording in the office of the County Recorder a notice of lien signed by the City Clerk, or the City Clerk's designee, that identifies the amount due and unpaid, the name of the record owner(s) of the property, and a description of the real property subject to the lien; (c) through a collection agency, as defined in NRS Chapter 649; (d) directly; (e) through a civil action in any court of competent jurisdiction; and/or (f) through any other means available to the City under applicable law.
a. As described in subsection F.5.(a), above, at the discretion of the Director, the City may place delinquent water and sewer charges on the County's general tax roll to be collected along with general taxes in accordance with NRS Chapter 268. The City may include in such charges any charges associated with the use of the tax roll system, the collection of delinquent charges, and the recordation and release of liens. If the City chooses to collect such delinquent fees, rates, and charges, the City shall have the right to collect all penalties allowable under NRS 268.043 and NRS 361.483 from the owner(s) of the real property with respect to which the fees, rates, and charges are delinquent at the time such delinquencies became a lien against that property.
b. If the City chooses to collect such delinquent fees, rates, and charges pursuant to subsection F.5.(b) above, no notice of lien shall be recorded against the property by the City unless written notice of the delinquency has been mailed or personally delivered to the record owner of the property at the last mailing address shown by the records of the County Assessor and the record owner of the property has been given fifteen (15) days to pay the delinquent amount in full. If there is more than one record owner, failure to send a copy of that notice to a particular owner does not invalidate a notice if properly sent to another record owner. An error or mistake in the name of the record owner contained in any notice of lien does not defeat the lien, unless a correction of the notice of lien in a particular instance would prejudice the rights of an innocent bona fide purchaser or encumbrancer for value, but then only with respect to the bona fide purchaser or encumbrancer for value who was prejudiced. The owner(s) of record and/or customer(s) of record must pay the City a service charge, in an amount approved by City Council and identified in the Utility Service Rules and Regulations, for a release of the lien filed with the office of the County Recorder and any and all recording costs incurred by the City in recording the release of lien. After the delinquency is fully satisfied or discharged, at the written request of the owner(s) of record or customer(s) of record, and after that owner or customer pays the required fees, the City will cause to be recorded a notice of discharge or release of the notice of lien. After recording the required notice of lien and unless the delinquency is fully satisfied or discharged, the City may foreclose said lien against such property by following the process identified in NRS 108.239, as amended, for the foreclosure of mechanic's liens. The lien is coequal with the latest lien thereon to secure the payment of general taxes, the lien is not subject to extinguishment by the sale of any property on account of the nonpayment of general taxes, and the lien is prior and superior to all liens, claims, encumbrances and titles other than the liens of assessments and general taxes. The lien is not extinguished if the City does not commence a foreclosure action.
G. Deposits.
1. The following schedule of deposits for utility service is established.
a. Residential: One hundred fifty dollars ($150.00);
b. Other (including multiple dwellings): The total amount of deposit shall be equal to three times the estimated average monthly bill;
c. Hydrant meters and mobile meters: Deposits shall be established in the Utility Service Rules and Regulations. An additional deposit may be required when a backflow prevention device is needed.
2. Customers with established credit may be exempted from the requirements of subsection G.1. of this section upon approval of the Director or designee.
3. Any deposit made prior to adoption of the ordinance codified in this chapter which is less than the amount required by subsection G.1. of this section shall be deemed to be sufficient and remain unchanged; provided, however, that any account for which service is discontinued because of nonpayment shall become subject to the provisions of subsection G.1.
4. Any unsecured account may remain unsecured; provided, however, that any such account for which service is discontinued because of nonpayment shall become subject to the provisions of subsection G.1.
5. The amount by which any deposit exceeds the requirements of subsection G.1. shall be refunded.
H. Deposit Refunds.
1. Deposits on any account established in the name of a property owner shall be refunded upon request at the end of any twelve (12) month period during which time water service has not been discontinued because of nonpayment and not more than two late penalties have been assessed. Deposits on any account established in the name of a tenant occupying the premises of a property owner shall remain on deposit until the account is closed. The refund may be by check or credited to the account's next billing at the discretion of the Director or designee.
2. Deposits for hydrant meters and mobile meters shall remain on deposit until the account is closed. The refund may be by check or credited to the account's next billing at the discretion of the Director or designee.
3. All deposits held by the City at the time an account is closed shall first be applied to amounts owed the City with any remaining deposit balances over fifty dollars ($50.00) refunded.
4. Interest shall not be paid on deposits.
I. Southern Nevada Water Authority Regional Commodity Charge. Effective on all bills mailed after January 1, 2014, a charge per one thousand (1,000) gallons shall be assessed to all metered potable water consumption as per the Southern Nevada Water System Facilities and Operations Agreement among the Southern Nevada Water Authority, City of Boulder City, City of Henderson, City of North Las Vegas, and the Las Vegas Valley Water District. J. Southern Nevada Water Authority Reliability Surcharge.
1. A reliability surcharge (excise tax) on the use of water for the benefit of the Southern Nevada Water Authority will be charged on all residential class customers at one-quarter of one percent of the total water bill, including service charges and consumption charges. For the purpose of this subsection residential class includes apartment houses as well as single-family dwellings, but does not include hotels, motels and lodging houses. All other customer classes will be charged a reliability surcharge (excise tax) on the use of water at two and one-half percent of total water bill, including service charges, backflow and consumption charges.
2. The reliability surcharge (excise tax) shall be added to the customer's water bill commencing with the first water bill issued in April 1998, for water consumption commencing March 1, 1998, and shall be billed and collected monthly pursuant to subsection F. of this section, which provides a late penalty charge but no interest.
3. Any surcharge (tax) due is a perpetual lien against the property served by the water on whose use the tax is imposed until the tax and penalties thereon are paid. Collection of the tax may be enforced in any manner authorized by law for the collection of unpaid water bills. In addition to all other methods available to enforce payment, the tax may be collected in the same manner as delinquent taxes are collected pursuant to NRS 268.043 for sewerage charges.
4. The surcharge (tax) shall continue for a duration of twenty-five (25) years, measured from the effective date of Ordinance No. 1251 which first enacted this subsection (March 1, 1998), unless sooner reduced or deleted in accordance with law. However, the City Council shall review the necessity for the continued imposition of the surcharge (tax) authorized pursuant to NRS 268.4112 at least once every ten (10) years, measured from March 1, 1998.
K. Hydrant Meters and Mobile Meters.
1. Connections to public or private fire hydrants are prohibited unless a permit is issued by the City and a City-owned fire hydrant meter or mobile meter is used. Each applicant requesting use of a City-owned fire hydrant meter must submit the required application and related documentation to the Utilities Department for approval. Upon approval, the applicant and/or authorized designee agrees to follow all instructions on the proper use of hydrant meters and any attached backflow prevention devices. The City will determine when a backflow prevention device is necessary and will be required. Applicant and/or authorized designee agree to abide by the regulations and fees established in the Utility Service Rules and Regulations.
2. Any business or individual using a hydrant without approval or an assigned hydrant meter may be assessed fines as determined by the Utility Service Rules and Regulations. All equipment attached to the hydrant will be seized or damaged to prevent further use. The Director or designee may close all water accounts opened by the business or individual if the illegal connection continues and may confiscate hydrant meters and close all water accounts opened by a business or individual applicant when it is determined that the hydrant meter program is being abused. The City may discontinue the service and remove the hydrant meter or mobile meter when the time period of use expires or if the water is used for any purpose other than that designated by the applicant.
3. The costs to repair damage to the fire hydrant, hydrant meter and/or mobile meter when damaged, will be the responsibility of the applicant.
4. Hydrant meters and mobile meters are not to be used in lieu of permanent water service.
L. Southern Nevada Water Authority Infrastructure Surcharge. This surcharge was approved by the Southern Nevada Water Authority Board on February 29, 2012, and was enacted on purveyor water sales beginning May 1, 2012. The surcharge is applied as a fixed monthly water service charge based on meter size.
M. Southern Nevada Water Authority Drought Protection Charge. This charge was approved by the Southern Nevada Water Authority Board on December 10, 2014, and was enacted on purveyor water sales beginning January 1, 2016. The surcharge is applied as a fixed monthly water service charge based on meter size.
(Ord. No. 3076, § 1, 6-16-2021; Ord. No. 3274, § 1, 4-1-2026)
