(A) Commercial customers. The Water Department is authorized to disconnect commercial customers after compliance herewith.
(B) Residential customers. The Water Department is authorized to disconnect city water service of a residential customer from April 16 through October 14 after compliance with the disconnect procedure set out herein.
(C) Residential winter shutoffs. The Water Department shall not disconnect the city water service of a residential customer if the disconnection affects the primary heat source of a residential customer when the following conditions are met:
(1) The disconnection would occur during the period between October 15 and April 15;
(2) The customer has declared inability to pay using forms provided by the city;
(3) The household income of the customer is less than 185% of the federal poverty level, as documented by the customer to the employee; and
(4) The customer’s account is current for the billing period immediately prior to October 15, or the customer has entered into a payment schedule agreement and is reasonably current with the payment under the schedule.
(D) Notification. The Water Department, by and through the City Clerk-Treasurer, shall notify all residential customers of the winter shutoff or disconnect requirements set out herein.
(E) Notice to residential customers facing disconnection. Before disconnecting service to a residential customer during the period between October 15 and April 15, the Water Department, through the City Clerk-Treasurer, shall provide the following information to a customer:
(1) A notice of proposed disconnection;
(2) A statement explaining the customer’s rights and responsibilities;
(3) A list of local energy assistance providers;
(4) A form on which to declare inability to pay; and
(5) A statement explaining available time payment plans, and other opportunities to secure continued city water service.
(F) Restrictions if disconnection is necessary.
(1) If the service of a residential customer must be involuntarily disconnected between October 15 and April 15 for failure to comply with the provisions hereof, the disconnection must not occur on a Friday or on the day before a holiday. Further, the disconnection must not occur until at least 20 days after the notice required above has been mailed to the customer, or in the alternative, 15 days after the notice has been personally delivered to the customer.
(2) If the customer does not respond to a disconnection notice, the customer must not be disconnected until the Water Department or the city investigates whether the residential unit is actually occupied. If the unit is found to be occupied, the city must immediately inform the occupant of the provisions of this section. If the unit is unoccupied, the city must give seven days’ written notice of the proposed disconnection to the local energy assistance provider before disconnecting the service.
(3) If prior to disconnection a customer appeals a notice of intent to involuntary disconnection, the city must not disconnect until the appeal is dismissed or determined.
(G) Delinquency between April 15 and October 15. If a customer’s account becomes delinquent during the period between April 15 and October 15 and satisfactory arrangements for payment have not been made, the Water Department may, after the procedural requirements set out herein have been complied with, discontinue service to a delinquent customer by shutting off the water. When water service to any premises has been discontinued, service shall not be restored except upon the payment of all delinquent amounts due, plus a fee set from time to time by the Council for disconnection and reconnection.
(H) Procedure. Water service shall not be shut off or disconnected under this section until notice and an opportunity for hearing have first been given to the occupant and owner of the premises involved. The city may rely on its records to determine the owner and shall mail notice to the owner, or to the last known address of the owner. Notice shall be personally served on the occupant by mail or other sufficient method to provide adequate notice to the occupant and shall state that if payment is not made before a date stated in the notice, no less than 20 days after the date of which the notice is given, the water supply to the premises will be shut off. The notice shall clearly inform the occupant and the owner of the opportunity to present to the City Council objections to the bill, or proposed disconnection, and shall identify the telephone number, address, and officer or employee who will handle the customer’s complaint, and who has the authority to review the facts and files, to correct any errors in the billing and to arrange for credit terms. The notice shall also state that the occupant may, before such date, demand a hearing on the matter, in which case the water supply will not be shut off until the hearing has been concluded or dismissed. If the customer requests a hearing before the date specified, a hearing shall be held on the matter by the City Council at the next regularly scheduled Council meeting after the request is made. If as a result of the hearing the city finds that the amount claimed to be owing is actually due and unpaid, and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this section, the city may shut off the supply.
(I) Reconnection. The city shall reinstate and reconnect service which in any way affects the primary heat source of a residential unit if such service remains disconnected as of October 15, if the residential customer makes application for reinstatement and enters into either a reconnection plan or payment schedule. The residential customer may enter into a connection plan only if the customer’s monthly household income is less than 185% of the federal poverty level.
(Prior Code, § 3.4)