The authorized representatives of the City shall abide by the
following internal procedures for disconnection and reconnection of
City water service for City customers who are in default on payment
of their water charges or who are in violation of the City' s regulations
regarding City water service.
[Amended 2-1-2016 by Ord.
No. 3242]
A.
If the
rates and charges for water service, including all penalties, are
not paid within 30 days of the due date of the current bill, or if
the water customer has been found in violation of any of the ordinances,
rules and regulations of the City with regard to City water service,
the City may discontinue such water service after the City Clerk's
mailing of a seven-day written notice to the user or customer of the
service, by first-class mail, or by personal delivery, or by posting
the notice on the premises to be disconnected, of the City's intention
to discontinue service. If the user or customer is not the owner of
the premises served, the seven-day written notice shall also be mailed
by first-class mail to the owner of the premises if his or her name
and address has previously been registered with the City Clerk for
the purpose of receiving such notices. The notice shall clearly state
the number of days the account is in arrears and the balance due,
including any penalty charges, or, if applicable, the ordinance, rule
or regulation which is alleged to have been violated. The notice shall
also contain the name, title, address, office hours and telephone
number of the City Clerk, whom the customer may contact for an informal
resolution of the customer's complaints in cases of disputes concerning
the amount due or other problems with the account; and the fact that
the customer is entitled to a hearing on his complaint before the
City Public Infrastructure, Municipal Services and Utilities Committee
of the City Council if the complaint cannot be informally resolved.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
Subject
to the notice and procedural provisions required by this article,
if a customer has one or more installations for which a bill remains
unpaid, the City shall have the right to disconnect or refuse water
service to any or all of the customer's other installations.
If a customer or user calls, visits or writes the City Clerk
complaining of an overcharge or other problem with the account, the
City Clerk shall do one or more of the following:
A.
Render a decision within 10 days from the date of receipt of a customer's
or user's oral or written complaint and stay termination of service
until the City Clerk renders a decision or until all appeals are exhausted,
whichever is later;
B.
Conduct an investigation, including, but not limited to, a meter
check at the subject premises, to determine errors in billing, leaks,
and illegal connections;
C.
Establish a written credit plan, as permitted by this chapter, in
cases of proven financial difficulties by the customer;
D.
If the City Clerk finds merit to the dispute and upon approval of
the City Council, make an adjustment of the customer's or user's bill;
E.
If the City Clerk finds that the dispute has no merit, he shall communicate
that decision to the customer or user by certified mail, return receipt
requested, by personal delivery, or by posting of the decision on
the premises to be disconnected. The notice of the decision shall
specify that if the account is not paid or the customer or user does
not appeal the decision on or before five days from the date of receipt
of said notice, the water service shall be discontinued.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Any customer or user may request a hearing before the Public
Infrastructure, Municipal Services and Utilities Committee of the
City Council within five days of the date of receipt of any notice
of termination of service. If the water service customer or user requests
a hearing, the hearing date shall be scheduled for a regular or special
meeting of the Public Infrastructure, Municipal Services and Utilities
Committee of the City Council and for a date convenient for the parties
but no later than 30 days from the date of the request. The hearing
date and time shall be confirmed by first-class U.S. mail. At such
hearing, the customer or user shall have the right to be represented
by counsel, to appear at the hearing in person, to present evidence
in his or her or its own behalf and to examine any evidence which
the City might introduce. The Public Infrastructure, Municipal Services
and Utilities Committee of the City Council may conduct its own investigation
of the customer's or user's complaint and may present any evidence
to that effect at the hearing. Within 10 days after the conclusion
of the hearing, the Public Infrastructure, Municipal Services and
Utilities Committee of the City Council shall render decision on the
customer's or user's complaint. Such decision shall be communicated
to the customer or user by certified mail, return receipt requested,
by personal delivery, or by posting notice of the decision on the
premises to be disconnected. If the decision is unfavorable to the
customer or user, notice of the decision shall specify that if the
account is not paid or the violation is not abated on or before five
days from the date of receipt of notice, the water service shall be
disconnected.
A.
When a customer's or user's utility bills are in arrears because
of proven financial difficulties, and the customer or user has not
defaulted on a previous credit extension, upon request to the City
Clerk, a ninety-day credit extension shall be given to the customer
or user, whereby the customer or user shall pay his monthly bill on
the basis of the following deferred payment schedule:
(1)
First payment (at end of 30 days): 1/3 of bill in arrears plus
monthly current charges.
(2)
Second payment (at end of 60 days): 1/2 of the remaining 2/3
of the bill in arrears plus monthly current charges.
(3)
Third payment (at the end of 90 days): last 1/3 due on the bill
in arrears plus monthly current charges.
B.
If a customer or user defaults on the deferred payment schedule,
all service bills in arrears shall be immediately due and payable
and no further credit extensions shall be granted that customer or
user. A new written notice, as specified before, shall be sent to
the customer or user stating the new service termination date. No
right of appeal or additional hearing shall be required or allowed
prior to termination of the water service if the bill is not paid
before the termination date.
[Amended 4-16-2018 by Ord. No. 3399]
If service is discontinued because of nonpayment of water bills
or because of violation of any ordinances, rules or regulations of
the City regarding water service, such service shall not be restored
until all charges, costs and damages, if any, have been paid to the
City Clerk or the violation has been corrected. Prior to restoration,
the additional sum in an amount as set by City ordinance from time
to time shall be paid to the City Clerk for the cost of reconnecting
the service to the City water distribution service.
Notwithstanding this Part 2, water service shall not be terminated
on any day when the official Weather Bureau forecast is for a temperature
of below 20° F. for the next 24 hours, nor may the service be
shut off the day before a holiday or weekend when the official forecast
calls for a temperature below 20° F. for said holiday or weekend.
