It is the policy of city utilities to notify customers prior to termination of service. In certain circumstances, delivery of written notice may be impossible or impractical when balanced against the need to protect the system against waste of water, leaks, contamination, or other hazard.
(A) Grounds for summary turn-off without notice.
(1) The superintendent of the utility may direct the temporary turn-off of service to one or more customers where the following conditions exist.
(a) Leaks, brakes, or failure in the mains, services, pumping machinery, or other equipment require a partial or total discontinuance in service.
(b) Instances where contaminates dangerous to health have entered the water system, necessitating a total or partial discontinuance of service.
(2) In the event service is interrupted for one of these reasons the superintendent shall provide affected customers with notice of the reason for turn-off, and the expected duration of the interruption of service by the most practical medium.
(B) Summary turn-off termination with notice.
(1) In certain circumstances enumerated below, the utility customer’s interest in continued service may be lost because of intentional or negligent misconduct as defined in this section, which interferes with the maintenance, orderly operation, or quality of product of the water utility. Notice must have been given as provided in division (B)(2) below.
(a) Tampering (other than by qualified personnel effectuating repair) with any main, service line, tap, pipe, meter, curb box, valve, or any other appurtenance connected with, or the property of the utility.
(b) Employing an unauthorized connection, cross-connection, or interconnection with any main, service line, or other appurtenance connected with, or owned by the water utility.
(c) On abandonment of a premises without notice by the customer, service to the vacant property may be terminated where the Superintendent of the Utility determines damage might result to the building or utility property.
(d) Failure to promptly repair leaky service lines, after being notified by the utility in writing to do so. A notice to repair shall specify a period for repair which shall not exceed 30 days.
(e) Failure to provide a reasonable and safe entrance to a service premises for the purposes of reading, inspection, maintenance, and removal of a meter, inspection of piping, or other inspection necessary to assure compliance with these regulations, after having received two written requests from the utility to provide access.
(2) Before service is terminated for any of the above reasons, a utility representative shall deliver a written notice to the premises, and attempt to inform an adult on the premises of the pending turn-off of service. The notice shall state the reason for the turn-off, and the right to challenge the turn-off before the Utility Superintendent within three business days after receipt of the turn-off notice. If no hearing is requested, or the Utility Superintendent determines the turn-off was justified; the service contract and service to the premises shall be terminated.
(3) A duplicate copy of the notice shall be sent by certified mail to the customer the following day. Hearings before the Utility Superintendent shall be informal, and the superintendent of the utility, and the customer, shall present evidence which supports their positions. The customer shall be notified by the Utility Superintendent of his decision in writing, either at or after the meeting. Termination of service shall be effectuated no sooner than 24 hours after the Utility Superintendent's decision.
(Ord. 35-1982, passed 12-14-82)