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(A) 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:
(1) Identifying information, including the service address to be affected, the account number, the customer's name and address, and the identity of the city water department and its address;
(2) The date proposed for termination if the account is not paid, or hearing requested, or a separate account established;
(3) 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.
(4) A notice that any individual consumer of water services may avoid termination by:
(a) Paying the current month's charges,
(b) Paying the standard residential deposit required to initiate water service, except that if the consumer is indigent the deposit may be made in a reasonable number of installments, and
(c) 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;
(5) A notice that a customer or consumer of water 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;
(6) 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]."
(B) 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.
(A) Termination of service may occur without prior notice if emergency circumstances involve imminent danger to persons or property, including a break in a water service line. In cases where the Utilities Director determines there is a threat of contamination of the public water supply or a threat to the health of the public, termination will be immediate, until all hazards are eliminated.
(B) Prior notice through local media shall be given by the city where water service shall be lost for more than eight hours as a result of routine or scheduled maintenance, so that consumers of water service may plan accordingly. If the loss of water service results from a water line break or other emergency circumstances, and is expected to, or does, last for more than four hours, the city shall give notice to service addresses affected by such loss of service by asking the local radio media to publicize the loss of service, the reason for it, and the expected date and time by which the city expects to restore service.
(C) If water service must be temporarily suspended on a non-emergency basis for the purpose of repairs within the service address, a Suspension Request form must be completed in writing by the customer contractually obligated to pay for service at the address. If any service address that would be affected by suspension is a consumer benefitted unit, suspension for repair shall not be processed unless either:
(1) The request is also signed by an adult consumer residing at each service address that would be affected by suspension with proper identification before a Utilities Department employee, either at the Utility Office or at the service address; or
(2) The applicant for the suspension certifies that the service address will be unoccupied during the suspension and that no consumer will be affected and provides the city with a copy of a written notice that has been provided to the occupant of the unit at least 24 hours before the suspension notifying the occupants of the proposed suspension.
(D) If the Suspension Request is not signed by an adult consumer residing at each service address that would be affected by the suspension, the water division employee who suspends service shall visit each affected service address and verify that it is vacant. Verification shall be made by conducting and documenting a reasonable investigation which includes a thorough inspection of the interior of the premises. Documentation of the reasonable investigation must affirmatively state whether the employee found the affected premises to be vacant and the facts observed by the employee which support that conclusion, together with any facts that tend to indicate that the premises might still be occupied. The customer requesting the suspension must grant access to the premises to the Utilities Department employee for the purpose of conducting said investigation at the time of suspension.
(E) A copy of the Suspension Request shall be retained in the city's business records relating to any service address so affected. The city shall restore service suspended for the purpose of non-emergency repair upon the demand of the customer or owner or of an adult consumer residing at any service address so affected.
(A) The terms
TERMINATION or TERMINATE, as they are used in this section, may refer either to:
(1) Termination of a customer's contractual responsibility for water service through transfer of an account from one customer to another; or
(2) Actual termination of water service to any service address at the request of the customer.
(B) All requests for voluntary termination shall be made at the Utilities Department in writing on a Voluntary Termination form by the customer contractually obligated to pay charges incurred at each service address affected by the termination.
(C) If the customer requesting termination states on the Voluntary Termination form that any affected service address is occupied, the termination will not occur until the Voluntary Termination form is also signed at the Utility Office or at the service address by an adult consumer actually residing at each affected service address. Each such consumer shall provide proper identification to a Utilities Department employee at the time the form is signed.
(D) If the customer requesting termination states on the Voluntary Termination form that all affected service addresses are vacant but the city records reveal that any affected service address is different from the billing address, or there is any other reason to believe the termination may affect water service to a benefitted unit other than, or in addition to, the customer's benefitted unit, termination will not occur until a Notice of Voluntary Termination indicating the date on which the termination will occur is delivered to each affected service address at least 10 days prior to termination. Termination shall not occur if the city learns or is notified that any of the affected service addresses is occupied.
(E) Whenever a Notice of Voluntary Termination is required to be sent by this section, termination will not occur until the Utilities Department employee assigned to perform the termination personally visits each affected service address and verifies that it is vacant. Verification shall be made by conducting and documenting a reasonable investigation which includes a thorough inspection of the interior of the premises. Documentation of the reasonable investigation must affirmatively state whether the employee found the affected premises to be vacant and the facts observed by the employee which support that conclusion, together with any facts that tend to indicate that the premises might still be occupied. The customer requesting the termination must grant access to the premises to the Utilities Department employee for the purpose of conducting said investigation at the time of termination.
(F) Utilities Department employee notations as to this reasonable investigation, and all request forms and/or notices executed under this provision, shall be retained in the business file kept by the city relating to any service address so affected.
(G) The city shall restore service immediately upon demand of any adult consumer of water service at any service address so affected, without charge, if this voluntary termination provision was not complied with or if the city's verification of vacancy was in error.
(A) Except for emergency terminations pursuant to § 51.43 above, terminations of water service shall not occur on any day which precedes a holiday or weekend, or any other day on which all services necessary to restore service are not available. All terminations of service shall be documented by a written service order recording the date, time, and identity of the utilities department employee effectuating termination; such documentation shall be retained in the business file kept by the city relating to any service address so affected.
(B) Utilities department employees dispatched to terminate service shall not terminate service until they make reasonable efforts to personally contact the occupants, if any, of each service address affected by termination to advise of the termination; and verify the propriety of the termination. Reasonable efforts shall include, but not necessarily be limited to, knocking at the entry to each individual service address, or otherwise attempting to gain the attention of any occupants. If the utilities department employee makes personal contact with the occupants of any such service address, and discovers no information which would create a question as to the propriety of the termination, the utilities department employee shall then deliver to the occupant a turn-off notice which shall clearly and conspicuously advise the occupant of:
(1) The date and time of the termination;
(2) The reason for termination;
(3) If the termination is for non-payment, the amount which must be paid, including any reconnection fee, to have service restored;
(4) The location and hours of the office at which payment can be made to obtain restoration;
(5) The title, address, telephone number, and hours during which the Utility Billing Office may be contacted to discuss restoration of service;
(6) A consumer's ability to obtain utility service in their own account, if service was terminated due to non-payment of utility charges, if the consumer does not owe an outstanding bill to the Utility Billing Office; and
(7) A consumer or customer's right to a hearing to contest termination or a refusal to restore service, although that request will not now postpone termination unless it can be established that prior notice of proposed termination was not given.
(C) If the utilities department employee's efforts to make personal contact with the occupants of any such service address immediately prior to termination are not successful, the utilities department employee shall post the turn-off notice in a prominent place at the entry to each service address affected by termination. The utilities department employee shall document on the service order the efforts made to personally contact the occupants prior to termination and the delivery of the turn-off notice, including the date and time such acts were performed and their identity.
(Ord. 15-99, passed 2-22-99)
(A) Utility Office Manager.
(1) The Utility Office Manager is the initial contact person for any person who has a question or dispute about: application disputes; a termination or proposed termination; a billing question; payment requirements; or other department requirements for obtaining or maintaining water service. The staff of the Utilities Department shall refer all such questions and disputes directly to the Utility Office Manager. The city will, in good faith, take all steps necessary to ensure that the Utility Office Manager does not limit, interfere with, or discourage in any way the opportunity or right to request a hearing before the Utilities Director. Those steps will at a minimum include:
(a) Whenever the Utility Office Manager responds to a question or dispute concerning termination or proposed termination, a billing dispute, a payment requirement, or other department requirement for obtaining or maintaining water service, the Utility Office Manager shall advise the person presenting the question or dispute of the following at the time the Utility Office Manager gives his or her response:
IF I HAVE NOT RESOLVED THIS MATTER TO YOUR SATISFACTION, YOU STILL HAVE A RIGHT TO A HEARING BEFORE THE UTILITIES DIRECTOR.
The Utility Office Manager will give the statement orally if his/her response is given orally, whether in person or by telephone, and shall give the statement in writing if his/her response is given in writing.
(b) Pursuant to this section, a hearing request is made whenever a person notifies either the Utility Office Manager or the Utilities Director, or their representatives, orally or in writing, that the person disagrees with the Utility Office Manager's response or requests a hearing or appeal. If the Utility Office Manager receives an oral hearing request, the Utility Office Manager shall promptly reduce that request to writing and shall immediately forward it to the Utilities Director for hearing.
(B) The Hearing.
(1) Customers or consumers of utility service who wish to contest Utilities Department decision, billing, denial of service, or a proposed termination of utility services shall be afforded a due process opportunity to contest the city's decision, billing, denial of service, or proposed termination of utility services, prior to termination of service. Due process shall include the right to a face-to-face meeting with the Utilities Director at which time a person appealing may have the assistance of a representative; and may present documentary and oral information for consideration. Persons appealing shall be entitled to reasonable access to city business records concerning the affected service address in order to prepare for the meeting, including the right to obtain copies of documents upon payment of the actual cost of copying.
(2) The Utilities Director and the Utility Office Manager are empowered, when good cause is shown, to approve applications for service; compromise and adjust billings; negotiate, defer and compromise disputes as to payment demands; and to cancel termination and/or order restoration. The Utilities Director and the Utility Office Manager shall strive to make reasonable arrangements to provide water service; arrange reasonable alternate methods of payment, or reasonable security for payment in order to preserve utility service, and shall supply and maintain residential utility service without discrimination. The Director shall preside at hearings held pursuant to these rules. If the Utilities Director was involved in the original decision at issue, the Public Safety Director shall have the authority and responsibility otherwise granted to the Utilities Director in this section.
(3) The Utilities Director shall make a written decision after the hearing, which shall include the information presented at the hearing and the reasons for the decision. A copy of the decision shall be delivered to the person appealing and a copy retained in the business files kept by the city relating to any service address affected by the hearing.
(4) Due process hearings shall be held within a reasonable time after receipt by the city of a verbal or written hearing request. Five business days shall generally constitute a reasonable time. The city shall provide the person notice of the time and place of the hearing at least one full business day in advance of the hearing. The city shall grant a consumer's request for a continuance of the hearing for a period not to exceed ten business days. The hearing decision shall be sent to the person within a reasonable time after the hearing. If a hearing has been requested prior to actual termination of service, no termination may occur until seven days after the hearing decision is sent to the person appealing.
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