The city shall disconnect utility service in accord with the following policies:
(A) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid and any deposit required has been made.
(B) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after a meaningful opportunity to be heard on disputed bills. The city’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(1) That all bills are due and payable by the 10th of the month;
(2) That if any bill is not paid by or before the 15th of the month, service will be disconnected for nonpayment; and
(3) That any customer disputing the correctness of his or her bill shall have a right to request a hearing before the 10th of the month, at which time he or she may be represented in person and by counsel of any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
(C) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered, or resort to the hearing procedure provided herein, service will discontinued at the time specified.
(D) In the event any bill is not paid by or before the 15th of the month, the following charges will apply:
(1) If the city sends its representative to the property to disconnect service, but the customer submits payment prior to the representative physically turns off the utility, then the customer must pay a fee of $50 dollars; and
(2) If the utility service is physically disconnected by the city’s representative, the city may apply any deposit made to the unpaid bill and may require payment of the balance in full, plus a new deposit or deposits, and a re-connect service fee of up to $50 before restoring any service. Upon two disconnections within a 12 month period, an additional deposit of $100 dollars is due to continue service.
(E) The city shall have a lien against the real estate served or partially served by city utilities for the amount of any unpaid utility bills, after set-off for any deposits held by the city.
(F) The lien shall apply without respect to whether the service was billed to the real estate owner or to an occupant of the same.
(G) In order to perfect the lien, the city shall mail or deliver notice of intent to assert a lien for utility bills to the owner of the real property within 30 days after the bill or bills become delinquent.
(H) Enforcement of the perfected lien shall be in the same manner as the enforcement of its lien of real property taxes.
(I) A request for an extension to pay a utility bill must be signed and notarized by the owner of the property to which the lien will attach, and all utility service fees must be paid in not less than two months following the due date, as follows:
(1) Not less than one-half of the due bill shall be paid by the due date;
(2) The entire bill due the next month plus one-half of the arrears, including penalty, shall be paid by the due date; and
(3) The entire bill due the next month plus all remaining arrears shall be paid by the due date.
(Ord. 2010-71.21a, passed 6-10-10)