§ 50.070 SERVICE TERMINATION; NOTICE.
   (A)   Service Termination.
      (1)   Service to customer or consumer benefitted units may be terminated by the city only for the following reasons:
         (a)   Non-payment by the customer for service to the service address affected;
         (b)   Emergencies and repairs;
         (c)   At customer request, provided that any termination to be done at a customer's request shall be done only in compliance with the procedures set forth in § 51.44, Voluntary Termination of Service;
         (d)   Meter tampering, theft of service, or fraud;
         (e)   Violation of the City Plumbing Code;
         (f)   Condemnation and finding that the premises are unfit for human habitation and vacated as provided in §§ 150.40 - 150.43 of this code.
         (g)   Abandonment of the premises.
         (h)   Refusal to permit the Utilities Department to have access to the premises to read the meter or to inspect equipment.
      (2)   Unless the notice requirement is dispensed with as provided in §§ 51.43 and 51.44 termination of service may not occur without proper notice and adequate opportunity for hearing before termination. These rules shall be complied with by all utilities department employees.
      (3)   No termination of service shall occur except in compliance with these rules. If service has been terminated or suspended, service shall not be restored except if some responsible adult is available at each service address to be restored to ensure that restoration will not cause damage to the premises.
   (B)   Notice Procedures.
      (1)   Unless the notice requirement is dispensed with as provided in §§ 51.43 and 51.44, written notice of proposed termination of service must be sent by the city at least 14 days prior to the date proposed for termination. Notices may be mailed with first class postage prepaid to reasonably assure delivery within that time. The date of the notice shall be the date of mailing, and a dated copy of any notice sent shall be retained by the city in the business file relating to each service address referred to in the notice. Notices shall clearly and conspicuously advise any recipient of each of the following facts:
         (a)   Identifying information, including the service address to be affected, the account number, the customer's name and address, and the identity of the city utilities department and its address;
         (b)   The date proposed for termination if the account is not paid, or hearing requested, or a separate account established;
         (c)   The reason for the proposed termination, including (if applicable) the amount claimed to be due; the location and hours at which payment in person can be made; and the minimum payment which, tendered at or before termination, is necessary to avoid termination.
         (d)   A notice that any individual consumer of services may avoid termination by:
            1.   Paying the current month's charges,
            2.   Paying the standard residential deposit required to initiate service, except that if the consumer is indigent the deposit may be made in a reasonable number of installments, and
            3.   Assuming responsibility for payment of future charges, if that individual consumer does not owe an outstanding bill to the Utility Billing Office for an account established in that consumer's name, or if any such bill is paid or satisfactory payment arrangements are made at that time;
         (e)   A notice that a customer or consumer of services has the right to a hearing to contest the reasons for the proposed termination, and that if a hearing is requested, the termination will not take place until the hearing process is completed;
         (f)   The title, address, telephone number, and hours during which the Utilities Department may be contacted to request a hearing, explore payment alternatives or special consideration in hardship cases, or to assume responsibility for future utility charges. This information will appear in all capital letters at the bottom of the notice, after the words:
   "FINAL NOTICE - IF YOU HAVE ANY QUESTION OR DISPUTE ABOUT THIS BILL CALL [INSERT INFORMATION]."
      (2)   In the event any service address that would be affected by termination is a consumer benefitted unit, notice of termination of service, in this form and manner, must be delivered to each service address so affected, in addition to delivery to the customer.
(Ord. 15-99, passed 2-22-99)