Whenever the city is authorized to terminate a customer’s utility services against that customer’s consent and under the provisions of this article or whenever the city otherwise terminates utility services to a customer in a non-emergency situation other than by the customer’s request, the city shall first provide notice in the form and manner described below to the customer and afford the customer an opportunity for a hearing in the form and manner described in section 13.02.065 before the termination of services. If after the city has complied with the notice requirements described in section 13.02.062 [and] the customer does not request a hearing for review of the termination within the specified time, the city may terminate utility services to the customer on the day and at the time specified in the notice to the customer or within the five calendar days thereafter. Any time elapsing after the declared termination date, the elapsing of which is due to the dependence of a hearing or the extension of time granted pursuant to a hearing, shall not be considered when calculating the five (5) days in which the city may terminate water after a declared termination date.
(2002 Code, sec. 12.87)
Notice must be presented or sent to a customer at least five
(5) days prior to the proposed termination date of the services to
the customer. The notice may be incorporated into the customer’s
monthly bill, sent by mail, or hand delivered to the customer by a
city employee or other person designated by the city to deliver such
notices. The notice must be written and clearly communicate that the
customer has a right to a hearing pursuant to this article.
(2002 Code, sec. 12.88)
After the deadline for requesting a hearing, as described above,
has passed, a customer may still request a hearing to review the decision
to terminate the customer’s utility service within ten (10)
days of the mentioned deadline upon presentation to the mayor of an
affidavit declaring that the customer, through no fault of that customer,
did not receive notice of termination in time to act upon the same.
When a hearing pursuant to this section is requested, the mayor shall
as soon as practicable make a determination of whether the appeal
appears to be meritorious, and if the mayor finds it is meritorious
the mayor shall order the continuation or restoration of services
pending the appeal. If the mayor finds in favor of the customer, the
mayor may order restoration of service.
(2002 Code, sec. 12.89)
If the customer to whom utility service is proposed to be terminating
is a landlord who supplies utility services to tenant utility users,
the city shall attempt to give notice to the tenant utility users
pursuant to this article.
(2002 Code, sec. 12.90)
Should any customer request a hearing to review the decision
to terminate that customer’s utility services, the hearing shall
be presided over by the mayor or any fair and neutral person he may
appoint, which person must be of managerial employment and not involved
in the original decision to terminate services, hereafter in the context
known as the hearing officer. The bearing shall be held no sooner
than the next business day nor later than fifteen (15) business days
after being requested by the customer. The hearing officer may, in
his discretion, delay or advance the hearing time upon showing of
good cause by the customer. At the hearing, the customer shall be
given the opportunity to be heard in person to present the customer’s
case, to present testimony from other persons, and to admit documents.
The customer shall be given the opportunity to confront and cross-examine
any witnesses appearing against him at the hearing. The customer may
request that a representative of the city be present at the hearing
and be subject to questioning. However, the rules of evidence for
civil or criminal trials need not be enforced. The city’s reasons
for terminating the customer’s utility service shall be stated
at the hearing. Upon reaching a final decision, the hearing officer
shall state his reasons for reaching that decision and state the evidence
on which he relied in reaching those conclusions. Should the hearing
officer find in favor of the customer, the customer’s utility
service shall continue. Should the hearing officer find against the
customer, the customer’s utility service shall be terminated.
The hearing officer shall have the power to grant extensions, modify
billings, and fashion other relief as would be equitable.
(2002 Code, sec. 12.91)
