(a) When charges are delinquent; bill items. Except where otherwise provided by written contract between the customer and the city, charges for services furnished become delinquent if payment is not received by the department on or before the due date, which is 15 days after bill rendering. After the due date, the customer must pay all charges for service, plus a late payment fee equal to five percent of the outstanding charges for service (unless the late payment fee is prohibited, or otherwise provided for, in another city ordinance or state or federal law). The director shall send the customer a monthly bill indicating:
(1) the service date and the due date;
(2) the amount due for services rendered (including all previous delinquent charges, plus interest, if any, still due and owing) if the bill is paid by the due date; and
(3) the amount due for services rendered (including all previous delinquent charges, plus interest, if any, still due and owing), plus a late payment fee, if the customer fails to pay the bill by the due date.
(b) Bill not received. Failure to receive a bill from the director does not relieve a customer or other person liable for charges under this chapter from liability for service.
(c) Authority to discontinue service. The director may refuse application for service, discontinue service, or refuse to restore service to:
(1) a customer who fails to pay any charges due under this chapter within seven days after the sending of notice of discontinuance;
(2) a person who violates any provision of:
(A) Section 49-9;
(B) Section 49-16;
(C) Article III or Article IV of this chapter;
(E) Chapter 51 or 51A of this code, upon request of the building official; or
(F) the Dallas Plumbing Code;
(3) a person making application for service to property at an address, if the person has delinquent charges outstanding at another address; or
(4) a customer at any premises if the director determines that a substantial waste of water, or a health hazard, is occurring as a result of leaking, damaged, open or disconnected private laterals, pipes, or drains on the premises.
(d) Cutting and plugging connections. The director’s authority to discontinue service includes the right to cut and plug water or wastewater connections to private property. The costs of cutting and plugging connections will be charged to the customer in addition to the delinquent charges due.
(e) Restoration of service. Discontinued service will not be restored until the customer or other person who has or accepts legal responsibility for violations committed or charges unpaid either pays all charges due (including the charges to restore connections), makes arrangements for payment satisfactory to the director, or, where applicable, ceases violation of the particular code provision in question. The decision to restore service while delinquent charges or code violations still exist rests solely with the director.
(f) Notice of discontinuance. The director must notify a customer in the following manner before discontinuing service under Subsection (c):
(1) The director must send the customer at least seven days advance written notice of pending discontinuance.
(2) The notice must provide a statement of reasons for cutoff and a statement of delinquent charges due, where applicable. The notice must also provide a time, place and means by which the customer may cure the delinquency or violation, or dispute the validity of the reasons for discontinuance.
(3) The notice may be served either in person or by mail.
(4) Additionally, in cases of master-metered apartments or condominiums, the director must cause a notice of pending discontinuance to be posted on the door of each dwelling unit known to be occupied and in a conspicuous place within the property manager’s office or the common areas of the premises.
(g) Exceptions to notice requirement. Subsection (f) does not apply to discontinuance of service resulting from a violation of this chapter if the director determines that immediate discontinuance is necessary to prevent an imminent threat or occurrence of:
(1) harm to the health or safety of persons;
(2) damage to city or private property; or
(3) contamination of the water system.
(h) Customer’s request to discontinue. Upon a customer’s written request, the director may discontinue treated or untreated water service to the customer. Upon receipt of the request, the director may remove the water meter and service connections. However, the customer is liable for all charges incurred prior to removal of the meter. Where service is furnished through more than one meter, the customer may request discontinuance of one or more meters and thereafter be billed on the basis of the remaining meter or meters.
(i) Cumulative remedies. Enforcement of this section does not waive any additional remedies, civil or criminal, available to the city under law. (Ord. Nos. 19201; 20215; 20653; 26961)