A. Reasons For Disconnect: Sewer service can be discontinued for any of the following reasons:
1. Failure to pay sewer fees by the due date;
2. Failure to submit any deposits imposed pursuant to this chapter;
3. Failure to abide by the terms of a sewer fee payment arrangement or agreement;
4. Misrepresenting the identity of the user to receive service;
5. Failure to apply for service or connecting to the City sewer system without the knowledge or approval of the City;
6. Failure to abide by any provision of this chapter.
B. Notice And Right To Hearing:
1. Except in the event that public health requirements dictate immediate disconnection, written notice of the intent to terminate service shall be provided to the user at least fourteen (14) calendar days prior to the disconnection/termination date. In the case of a rental arrangement, the property owner will be sent a courtesy copy of the notice. The notice of termination shall contain the following:
a. The user's name and last known mailing address;
b. The address or addresses where the service is being provided;
c. A statement of the basis for the proposed termination;
d. If the proposed termination is for nonpayment of fees, a statement of the amount of such nonpayment;
e. A statement that the user has ten (10) calendar days upon receipt of the registered letter to request a pretermination hearing before the Public Works Director or his/her designee;
f. A statement that if the user does not request a hearing or appear at the hearing, the basis for the termination, including the amount of fees due, will be deemed to be correct and the user's sewer service may be disconnected immediately thereafter.
2. The pretermination hearing shall be held no sooner than seven (7) calendar days from the date the request for hearing is made by the user. If the user appears at the hearing, the Public Works Director or designee shall hear the user's evidence and testimony, review and examine the testimony and evidence presented and render a decision based upon such testimony and evidence and upon the records of the City. The Public Works Director or designee may render a decision at the hearing or may render a decision in writing, and in such case will mail or otherwise provide a written copy of the decision to the user. The decision of the Public Works Director or designee may be appealed to the Public Works Commission within ten (10) calendar days of the date the decision is rendered using the provisions set forth in section 10-2-9-8 of this chapter. If the user fails to request a pretermination hearing, appear at the hearing or fails to timely appeal a decision of the Director or designee determining that the termination of service should proceed, the Director or designee may issue an order to shut off and discontinue service to the user.
3. Prior to termination, the City shall notify the Central District Health Department, appropriate plumbing authority and the user's water service provider. A request will be made by the City to shut off water service to the affected premises prior to sewer disconnection. Except in an emergency, sewer service disconnection will not take place after twelve o'clock (12:00) noon on Fridays, Saturdays, Sundays, City holidays or after twelve o'clock (12:00) noon on any holiday eves.
4. Reconnection of sewer will take place only after the reason for the termination has been remedied, including the payment of all overdue system fees and charges, deposits, disconnection fees and reconnection fees. (1952 Code § 8-11-11.04)