A. Delinquency; Deferred Payments: If a water utility account is more than sixty (60) days delinquent, all City utility services shall be discontinued seven (7) days after notice has been given pursuant to section 16-1-190 of this chapter, and a notice has been left on the premises explaining the reason for the discontinuance. Notwithstanding the foregoing, the City may forbear discontinuance of water service for a limited period of time by entering into a written deferred payment agreement with the water user in arrears for accounts meeting the following terms and where the customer is willing to abide the terms of the agreement:
1. Accounts owing less than three hundred dollars ($300.00) shall not be eligible to enter a deferred payment agreement.
2. Accounts shall not qualify for deferred payment agreements unless they have a minimum two (2) year good payment history with the City, which is defined as having no more than two (2) late payments within an eighteen (18) month period.
3. All account delinquencies between three hundred dollars ($300.00) and five hundred ninety nine dollars ninety nine cents ($599.99) shall be repaid within a three (3) month period of time from the date of execution of the deferred payment agreement. One-third (1/3) of the delinquent balance shall be paid each month by the twenty first day of the month.
4. All delinquencies of six hundred dollars ($600.00) or more shall be paid within a six (6) month period of time from date of execution of the deferred payment agreement. One-sixth (1/6) of the delinquent balance shall be paid each month by the twenty first day of the month.
5. A deferred payment agreement shall contain language that the customer must keep the current balance paid in full when due each month in addition to making the deferred payment.
6. The customer shall have the right to prepay the outstanding balance due under a deferred payment agreement at any time during the term of the agreement.
7. A customer shall not be entitled to execute more than one deferred payment agreement within any eighteen (18) month period of time. No more than three (3) deferred payment agreements shall be granted within a five (5) year period.
8. The terms of the deferred payment agreement shall be set forth in a written agreement, a copy of which shall be provided to the customer.
9. A deferred payment agreement shall include a finance charge of up to one and one-half percent (11/2%) per month, plus a delinquent fee charge if service has been discontinued. If a finance charge is assessed, the deferred payment agreement shall contain notice of such charge.
10. If an account holder breaches any condition or term of a deferred payment agreement, the City may treat that breach as a delinquent account and shall have the right to terminate service pursuant to this chapter and the account holder shall not have the right to a renewal of the deferred payment agreement.
B. Availability Of Personnel; Restoration: The City shall have personnel available between eight o'clock (8:00) A.M. and five o'clock (5:00) P.M. each business day to accept payment and submit a work order to reconnect utility service. The Public Works Department shall have personnel generally available to restore service on the same business day when payments are received before three o'clock (3:00) P.M. Payments received after three o'clock (3:00) P.M. shall cause the service restored on the next business day. (Ord. 1023, 8-21-2012)