(a) The Utility may immediately and without prior notice terminate water service to any Served Premises for any of the following reasons:
(1) If water taps are connected ahead of the Utility's meter or metering equipment or if connections or devices of any kind are found installed on the premises of a Consumer which would prevent the meter from registering the total amount of water being used or to be used.
(2) If inspection by the Utility shows that anyone has interfered or tampered with any meter seals or meter equipment that may or could prevent the meter from registering the total amount of water used.
(3) If water has been illegally diverted from an unmetered fire protection line or if non-fire protection taps or connections have been made.
(4) Where a Construction Water meter is connected to permanent plumbing.
(b) Upon termination of service for any of the reasons set forth in Section 933.07(a), the following procedure shall be applicable prior to restoration of service:
(1) Post Termination Hearing: The Owner may request an opportunity to meet with the Director or his designee to review the basis for termination of service. The request may be made verbally or in writing. Upon request, a meeting shall be provided and held as soon as is practicable. The meeting shall provide the Owner a fair and reasonable opportunity to resolve the basis for the termination. The Director or his designee shall make a decision on the disputed issue(s) and provide notice to Owner of that decision by U.S. Mail, postage prepaid at the Billing Address provided by Owner in the Water Services Agreement and application for water service.
(2) Estimate of Loss: The Utility shall estimate the amount of unmetered water. The Utility shall have the right to inspect the Served Premises and to check all water consuming devices to facilitate the estimation of the volume of unmetered water.
(3) Payment: The Owner shall pay for all metered and estimated unmetered water in accordance with the applicable water rate schedule plus any damages to the metering equipment or other service infrastructure, plus any expenses incurred by the Utility necessary for the prevention of future diversion or theft of water from the Utility. If an unmetered fire protection line is involved, such expense shall include the cost of a meter installation in the fire line as specified in Section 935.02.
(4) Other Action not Precluded: Nothing in this Section shall operate to preclude the prosecution of any civil or criminal action by the City for the illegal diversion or theft of water.
(1) If the utilization of water service has been determined to be detrimental or hazardous to the Utility.
(2) Where any connection or installation has been determined to be illegal or unsafe.
(3) Where the utilization of water service has been determined to be unlawful by any State or Federal Government regulatory authority having jurisdiction or under the laws of this State.
(4) Where in the determination of the Utility, termination of water service is necessary for the prevention of fraud upon the Utility.
(5) Where there has been willful destruction of any Utility property located upon the Served Premises.
(6) Where an Owner has failed to comply with an order by the Director to upgrade water service after ninety (90) days of such order.
(7) Where Owner has violated any provision of the Codified Ordinances of the City relating to water service or of a violation of the Rules and Regulations.
(8) Where any bill for water service remains unpaid for a period of thirty (30) days from the due date.
(d) Pretermination Procedures:
(1) Notice: Prior to the termination of Water Service, the Utility shall provide Owner with Notice of Delinquency and Intent to Terminate Utility Service. The Notice shall be sent by ordinary U.S. Mail, postage prepaid to the Billing Address provided by Owner in the Utility Services Agreement. The Service address shall also get a notice if different than the owner's address. The notice shall state the balance owed for Utility Services, the due date, the amount of any late payment fees and other applicable charges, the address of the Served Premises, the proposed date of termination of Water Service and the availability of an opportunity to resolve billing disputes fairly and reasonably.
(2) Disconnection and Termination of Service: Water Service shall be disconnected and terminated on or after the date indicated in the Notice unless full payment on the service account has been made prior to the date of disconnection set forth in the notice.
(3) Resolution of Disputes: The Owner shall have five (5) days from receipt of the Notice of Delinquency and Intent to Terminate Water Service to request an opportunity to meet with the Director or his designee to resolve the dispute. The request may be made verbally or in writing. Upon request, a meeting shall be provided and held prior to the date of the disconnection set forth in the notice. The meeting shall provide the Owner a fair and reasonable opportunity to resolve the basis for the proposed termination. The Director or his designee shall make a decision on the disputed issue(s) within one business day of the meeting and provide notice to Owner of that decision by U.S. Mail, postage prepaid at the Billing Address provided by Owner in the Utility Services Agreement. Utility Services shall not be terminated prior to the decision of the Director.
(e) Reconnection Fee: In the event Utility Service is terminated, and subject to the right of the City to refuse to restore Utility Service, the Owner shall pay a reconnection fee established by City together with such other charges the City incurs in the re-connection Utility Service. Reconnection of residential service that has been terminated for nonpayment shall be made pursuant to the following provisions:
(1) Reinstatement of Service upon Payment: Upon payment or proof of payment (Section 935.03) for service that was previously disconnected, the service shall be reinstated.
A. If payment is received by 1:00 p.m., the service shall be reinstated the same day.
B. If payment is received after 1:00 p.m., the service shall be reinstated the next business day.
(f) Emergency Shut Off: Emergency Shut Off/Repairs. If shut off of services is required due to an emergency, such shut off shall proceed as required determined by the Director based upon the circumstances. To the extent practicable, prior notice of shut off shall be given to Owner or occupant of the Served Premises.
(g) Voluntary Shut Off/Disconnection: A request for service disconnection by the Owner must be in writing. Such request shall be processed within fourteen (14) days of receipt. Notice of such disconnection request and the date of shut off shall be sent to Owner and posted at the Served Premises prior to the date of shut off.
(h) Nondiscrimination Against Non-Owner Consumers.
(1) If Utility Service is disconnected, or if disconnection is proposed, due solely to an Owner's nonpayment of charges for a Consumer's household, an adult Consumer of Utility Service in said household shall have the right to avoid disconnection, or obtain reconnection, if the Consumer pays, as a deposit, that portion of the bill that is not past due and assumes written responsibility for timely payment of future charges for Utility Service provided to the Served Premises or the portion occupied by the Consumer. The assumption for future payment by the Consumer shall not relieve the Owner of liability for delinquent amounts or for future charges for Utility Service in the event of Consumer's default. The obligation of the Consumer for the assumption for payment shall terminate upon the Consumer's delivery to the City of a written notice of cancellation.
(2) This section shall not apply to benefit any Owner residing at a Served Premises. Where a single meter serves more than one Served Premises and where the Owner is an occupant of one of the Served Premises, a Consumer residing at a premises served by such meter shall not be denied the benefit of the provisions of this section.
(Ord. 44-21. Passed 11-8-21.)