A. Discontinuance For Nonpayment: All rates and charges for utility service shall be due by the recipient thereof, or the owner of the property, to which the same is supplied within ten (10) days after the first day of each month, and if not paid within twenty (20) days after the first day of each month, utility (water and garbage) services to the premises shall be discontinued.
B. Enforcement Official: The city council shall cause to be appointed a person to fill the position of a city designee and prescribe the duties thereof.
C. Complaint; Right To Request Hearing: Any person who shall contest any charge as being excessive, or complain of being charged for services not rendered, or seek to protest a proposed termination of utility services as being unjustified, shall have the right to request, in writing, an informal hearing before the city designee any time within fifteen (15) days after the first day of the month when the billing becomes due. The written request shall be rendered to the city clerk- treasurer who in turn will forward a copy to the city designee, and upon the receipt of the request for hearing, immediately schedule an informal hearing to be held at the city hall. The complainant shall be given the opportunity to present evidence in support of his position to the city designee. The city designee shall take evidence from the city clerk-treasurer as to the reasonableness, fairness, and validity of the charges and shall render his decision within twenty four (24) hours after closing the hearing. The city designee shall notify the complainant, in writing, of the decision.
D. Appeal Decision: If the complainant feels aggrieved by the decision of the city designee, he may appeal that decision to the city council. Such an appeal can be filed, in writing, with the city clerk-treasurer within fifteen (15) days after the decision is rendered by the city designee. After an appeal has been filed, the city council shall notify the complainant of the time and place that it shall consider the appeal. The complainant shall have the right to be present at the appeal. The council shall review the decision of the city designee and give full consideration to the evidence presented by the complainant. After discussion, the council shall render its decision. The council shall instruct the clerk-treasurer to notify the complainant, in writing, of its decision and the amount that is due, if any.
E. Decision Adverse To Complainant: If the decision rendered by the city designee, or by the city council, if an appeal has been taken to that body, is adverse to the complainant, he shall pay the charges owing within five (5) days after the decision has been rendered or city utility services to his premises shall be terminated. No utility services shall be terminated during the course of the hearing or appeal procedure described in subsections A through D of this section. (Ord. 248, 5-7-2001)
F. Discontinued Services; Restart Fee: Once utility services are discontinued, and before services shall be resumed, the person desiring resumption of these services shall pay a restart fee as prescribed by the city council, together with all arrearages due and owing the city.
(Ord. 248, 5-7-2001; amd. 2011 Code)
Notes
| 1 | 1. See also section 8-2-22 of this title. |