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1998-6 <br /> <br />AN ORDINANCE TO AMEND CHAPTER 38 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA (1988) BY AMENDING SECTION 38-94(a) <br />THEREOF, PERTAINING TO DISCONTINUING WATER SERVICE FOR FAILURE <br />TO PAY AND OTHER REMEDIES. <br /> <br /> BE IT ORDAINED by the Council of the City of Portsmouth, <br />Virginia: <br /> <br /> 1. That Section 38-93(a) of the Code of the City of <br />Portsmouth, Virginia (1988) be amended and reordained to read <br />as follows: <br /> <br />Sec. 38-94. Discontinuing service for failure to pay and <br />other remedies. <br /> <br /> (a) If a bill rendered pursuant to section 38-93 is not <br />paid within fifteen (15) days from the due date set forth on <br />the bill, services to the premises may be discontinued without <br />further notice, and in addition any and all past due bills, <br />charges and interest thereon may be recovered by the city by <br />action at law or suit in equity, and shall, in those cases <br />where, the unpaid bill or charge was incurred by the owner of <br />the premises and not a tenant, constitute a lien against the <br />property, ranking on a parity with liens for unpaid real <br />estate. Additionally, the city may recover its administrative <br />costs and reasonable attorney's or collection agency's fees <br />associated with any collection action at law or suit in equity, <br />which costs and fees shall not exceed 20% of the delinquent <br />bill, charges and interest thereon. Such administrative costs <br />shall be in addition to all penalties and interest, and shall <br />not exceed $20.00 for utility bills collected subsequent to the <br />filing of a warrant or other appropriate legal document but <br />prior to judgment, and $25.00 for utility bills collected <br />subsequent to judgment. Attorney's fees shall be added only if <br />such delinquency is collected by action at law or suit in <br />equity. Nothing in this ordinance shall preclude the city's <br />use of the office and the powers of the City Treasurer in the <br />collection of unpaid utility bills. <br /> <br /> 2. That this ordinance shall take effect on the date of <br />its adoption. <br /> <br /> <br />