A. Due Date: All charges for water are due upon receipt and considered late if not received by the fifteenth day of each month. All charges shall continue to be levied against any premises and shall be payable by the applicant or owner upon which water is supplied. In the event that water charges shall remain due and payable for a period of sixty (60) days, any person authorized by the City Council shall be empowered to shut off the supply of water to said premises until the full amount of the charges due and payable have been paid in full, subject to the provisions of subsection B of this section; and if water is thereafter supplied to the premises, a charge shall be made as a reconnecting fee, and it shall be unlawful for any person, other than one authorized by the City Council, to make such reconnection. (Ord. 411, 2-21-2017)
B. Delinquency; Denial Of Service; Pre-Termination Hearing:
1. If bills are not paid before the fifteenth day following the first day of the month, the same shall become delinquent. Water consumers should be notified of this delinquency, and if the bill is not paid in full within fifteen (15) days after mailing of this notification on the water consumer, the right to water may cease and terminate. A hearing upon request of a water consumer denied water service for nonpayment of the bill shall be held as expeditiously as possible and held in the manner and accordance with the procedure for pre-termination hearings delineated in this subsection.
2. The City, in its delinquency notice to all water consumers, shall inform in writing all consumers of their right to a pretermination hearing, with such hearing to be held with the due process protection described in this subsection; and will not discontinue water service to any water consumer prior to a fair and impartial hearing, after timely and adequate notice and an opportunity to confront witnesses, to personally appear with retained counsel to be judged on facts adduced at the hearing and to otherwise be heard and defend the claim made by the City. If a pretermination hearing is requested by any water consumer, the City Council shall have the responsibility of holding the pretermination hearing. The City Council shall make a record of any pretermination hearing. The City Council shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the water consumer, the City Council shall inform the water consumer of the right to appeal the decision pursuant to the Idaho State Administrative Procedures Act 1 .
3. The City shall not initially deny water service to any water user for whatever reason without informing the water consumer of the right to a hearing before the City Council on the issue of whether the City can initially deny water service. (Ord. 195A, 3-16-1982; amd. 9-3-2002; 2006 Code; Ord. 411, 2-21-2017)
C. Lien Upon Property: All water charges shall constitute a lien upon the property to which service is made, and the City Clerk shall certify to the County Treasurer of Kootenai County, Idaho, at the same time as other levies are certified, the amount of unpaid water charges on each parcel of property within the City. (Ord. 195A, 3-16-1982; amd. 9-3-2002; Ord. 411, 2-21-2017)
Notes
| 1 | 1. IC § 67-5201 et seq. |