7-3-1-2: DELINQUENT WATER ACCOUNTS:
   A.   In the event that any user has left the city without paying the user charges due in full and, thereafter, returns to the city and requests water service, such service shall not be connected and supplied unless and until the old outstanding user charges have been paid in full, in addition to the charges normally made for new service. (Ord. 450, 9-7-1993; amd. 1994 Code)
   B.   If city water service bills are not paid before the sixteenth of the month, the same shall become delinquent. Water users shall be notified, in writing, of delinquency, and if the bill is not paid in full within fifteen (15) days after date of delinquency, the water user's privilege to water service from the city shall cease and terminate unless the water user requests a pretermination hearing. Should the water user not request a pretermination hearing or if an adverse decision is made against the water user after the pretermination hearing, the city may request the water user to pay the delinquent water bill attributable to the water user's record of service by the city, plus a one hundred dollar ($100.00) security deposit (if not previously paid), a twenty dollar ($20.00) turn on charge and a five dollar ($5.00) fee for service of the notice of termination, as a condition precedent to receiving water service again from the city. (Ord. 533, 4-1-2003)
   C.   The city, in its delinquency notice to all water users, shall inform the water user, in writing, of the right to a pretermination hearing. Such hearing shall be held in accordance with the procedures described in this section. The city shall not discontinue water service to any water user prior to a hearing, after timely notice and an opportunity to be heard and to the water user's personal appearance at the hearing. If a pretermination hearing is requested by any water user, the city council shall hold a pretermination hearing within thirty (30) days. The city council shall make an audible magnetic record of the pretermination hearing and render its decision, in writing, giving the reasons for its decision. In the event the decision is adverse to the water user, the city council will inform the water user of his/her right to appeal the decision pursuant to the Idaho administrative procedure act 1 .
   D.   The city shall not discontinue water service to any water user because of any delinquent water bill that is attributable to the prior water use of another water user. The city shall not deny water service to any water user for any reason without informing the water user of the right to a hearing before the city council on the issue of whether the city should withhold or deny water service. In case of a decision to deny water service, the city shall not be required to provide water service pending an appellate hearing. However, a hearing upon request of a water user denied water service shall be held as expeditiously as possible in accordance with the procedures for pretermination hearings set forth in subsection C of this section. (Ord. 450, 9-7-1993; amd. 1994 Code)

 

Notes

1
1. IC §67-5201 et seq.