(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.