[Amended 6-7-2007 by Ord. No. 11-2007; 8-23-2007 by Ord. No. 18-2007; 5-22-2008 by Ord. No. 5-2008]
Notwithstanding any of the foregoing provisions,
except in case of emergency, temporary interruption necessitated by
repairs, extensions or maintenance operations, shortage of water or
similar situations, no service shall be terminated by the City without
complying with the following procedures:
A.
Notice of violation or nonpayment. Upon the determination
by the Water Department that a violation has occurred pursuant to
this chapter or that a bill for services or other changes has become
delinquent for a period of 20 days, the Water Department shall notify
in writing the owner of the affected premises by first-class mail
at the last known address of such person, setting forth specifically
that water service may be terminated if the bill remains unpaid or
said violation is not corrected.
B.
In the event that a violation is not corrected or a bill for services remains delinquent for a period of 40 days, the Water Department shall notify in writing the owner of the affected premises by first-class mail at the last known address of such person, setting forth specifically that water service will be terminated 10 days after said notice is sent. The occupants of the affected premises shall be notified by the posting of a written notice at the affected premises. The notice shall also state that in the event that water services are terminated at the premises, that said termination will result in an unsanitary condition at the premises, in violation of Chapter 125 of the Auburn City Code, § 125-47(I), thereby rendering the premises unfit for habitation.
C.
Any violation which remains uncorrected or any bill
for services which remains delinquent for a period of 50 days, pursuant
to the notification set forth in this section, shall result in the
termination of water service by the Water Department.
D.
If any water service is terminated for violation of
this chapter or for nonpayment, the owner or occupant causing said
termination shall pay to the City Water Department a termination fee
in the amount of $50 to shut off and $50 to turn on.
E.
The notice of termination set forth in this section
shall further state that the owner or occupant of the affected premises
shall be entitled to a due process fair hearing, prior to the termination
of service. The owner or occupant of the premises which will be affected
by the termination of service shall notify the City Manager that they
request a fair hearing prior to the termination of service. Said notification
of the City Manager shall be in writing and shall be delivered to
the City Manager within 10 days of the receipt of the notice that
the water services will be terminated. The City Manager shall designate
a hearing officer and the hearing officer's decision shall comply
with the provisions of § 32 of the New York Public Service
Law. Said hearing and decision must be finalized prior to the termination
of any water service by the Water Department.
[Added 12-18-2008 by Ord. No. 13-2008]
A.
Bills delinquent over 30 days. Because the City of Auburn is unable to collect unpaid water bills for service rendered to users not residents of the City by adding such unpaid bills to the annual tax bill, the City may terminate service after a water bill is delinquent for more than 30 days beyond the final payment date subject to the provisions of § 297-40.
B.
Security deposit.
(1)
Whenever a water bill for a user outside the City
has become delinquent for more than three months, the City, in addition
to any other remedy, may require a deposit of an amount equal to the
average bills rendered for the entire prior year for two quarters.
(2)
Such deposit, without interest, shall be returned
to the user upon a final reading or transfer of title after applying
any amount thereof to any unpaid charges due the City.
