Division 5 Administration and Enforcement

Water service may be disconnected after proper notice for any of the following reasons:

Failure to pay a delinquent account for service;

Payment by check which has been rejected for insufficient funds, closed account, or for which a stop payment order has been issued is not deemed to be payment to the city;

Violation of the city's rules pertaining to the use of service in a manner which interferes with the service of others;

(D)

Operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation;

(E)

Failure to comply with deposit or guarantee arrangements where required.

Payment at the city billing department or payment made online is considered payment to the city.

The city is not obligated to accept payment of the bill when an employee is at the customer's location to disconnect service.

(c)

Disconnection without notice.

Water service may be disconnected without prior notice for the following reasons:

Where a known and dangerous condition related to the type of service provided exists. Where reasonable, given the nature of the reason for disconnection, a written notice of the disconnection, explaining the reason service was disconnected, shall be posted at the entrance to the property, the place of common entry or upon the front door of each affected residential unit as soon as possible after service has been disconnected;

Where service is connected without authority by a person who has not made application for service. Service is connected without authority when the person who has made application and is listed as the patron vacates the property, relocates to another address and/or is deceased;

Where service has been reconnected without authority following termination of service for nonpayment as set forth herein; or

(4)

In instances of tampering with the city's meter or equipment, bypassing the same, or other instances of diversion.

(d)

Procedure for disconnection.

Conditions.

A patron's water utility service may be disconnected if payment was not received by the due date, provided that:

A disconnection notice [was provided] after the due date and at least ten days prior to the stated date of disconnection.

The disconnection notice contains the following information:

(i)

The words "disconnection notice" are prominently displayed;

(ii)

The amount and date payment must be received by [from] patron to avoid disconnection;

(iii)

The date service will be disconnected if payment is not received; and

(iv)

A local address where the patron can go during normal business hours to make arrangements for payment and reconnection.

Disconnection on certain days prohibited.

Disconnection may not be on a day or a day immediately preceding a day when the city is not available to collect payments and reconnect service, such as a holiday or weekend, unless a dangerous condition exists.

Notice requirements.

Proper notice shall consist of a separate written statement which the city must mail or hand-deliver to a customer before service may be disconnected. The notice must be provided and must include the following information:

The words "termination notice" or similar language approved by the city manager written in a way to stand out from other information on the notice;

The action required to avoid disconnection, such as paying past due service charges;

The date by which the required action must be completed to avoid disconnection. This date must be at least ten days from the date the notice is provided unless a shorter time is authorized by the city manager;

(D)

The intended date of disconnection;

(E)

The office hours, telephone number, and address of the city's billing office; and

(F)

The total past due charges.

(4)

Disconnection for certain reasons prohibited.

Utility service may not be disconnected for any of the following reasons:

Failure to pay for utility service provided to a previous occupant of the premises;

Failure to pay for merchandise, or charges for non-utility service provided by the city;

Failure to pay for a different type or class of utility service unless the fee for such service is included on the same bill or unless such disconnection is in accordance with this section;

(D)

Failure to pay the account of another customer as guarantor thereof, unless the city has in writing the guarantee as a condition precedent to service;

(E)

Failure to pay charges arising from an under-billing due to any faulty metering, unless the meter has been tampered with or other reason consistent with applicable law;

(F)

Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter-reading plan, unless the city is unable to read the meter due to circumstances beyond its control;

(G)

Failure to comply with regulations or rules regarding anything other than the type of service being provided including failure to comply with septic tank regulations or sewer hook-up requirements;

(H)

Refusal of a current customer to sign a service agreement; or

(I)

Failure to pay standby fees.

(5)

Disconnection for ill customers.

The city, upon approval of the city manager, will not discontinue service to a delinquent residential customer when that customer establishes that some person residing at that residence will become seriously ill or more seriously ill if service is discontinued. To avoid disconnection under these circumstances, the customer must provide a written statement from a physician to the city manager prior to the stated date of disconnection. Service may be disconnected in accordance with subsection (a) of this section if the next month's bill and the past due bill are not paid by the due date of the next month's bill, unless the customer enters into a deferred payment plan with the city, as authorized by the city manager.

(6)

Disconnection upon customer request.

A utility shall disconnect service no later than the end of the next working day after receiving a written request from the customer.

(7)

Service restoration.

City personnel must be available during normal business hours to accept payment on the day service is disconnected and the day after service is disconnected, unless the disconnection is at the customer's request or due to the existence of a dangerous condition related to the type of service provided. Once the past due service charges and applicable reconnect fees are paid or other circumstances which resulted in disconnection are corrected, the city must restore service within 36 hours.

(8)

Reconnect fee.

A reconnect fee, or seasonal reconnect fee as appropriate, may be charged for restoring service if listed in the fee schedule in appendix A of this code or as provided herein.

A reconnect fee may not be charged where service was not disconnected, except in circumstances where a city representative arrives at a customer's service location with the intent to disconnect service because of a delinquent bill, and the customer prevents the utility from disconnecting the service.

Unless otherwise provided by applicable law, when a customer prevents disconnection at the water meter or connecting point between the city and customer water lines, a reconnect fee charged for restoring water service after disconnection for nonpayment of monthly charges shall not exceed $25.00, provided the customer pays the delinquent charges and requests to have service restored within 45 days. If a request to have service reconnected is not made within 45 days of the date of disconnection, the city may charge its approved reconnect fee or seasonal reconnect fee.

(e)

Appeals.

Any dispute relative to a water bill, disconnection, or exercise of any rule or regulation stated herein shall be made to the city manager not less than ten days after the date of disconnection or conducted disputed.

The city manager shall investigate and make a determination consistent with the rules and regulations set forth herein and provide a written determination to the customer within ten business days, unless notification is provided for the need for additional time.