(A) The city, by and through its Controller or his or her designee, may order the termination of water service to a sewer service address for nonpayment of a delinquent account that is not less than 30 days delinquent. When so ordered the water utility shall terminate such service in accordance with the terms of their agreement with the city.
(B) The fee for terminating services shall be a minimum of $45, which shall include charges assessed against the city by the water utility for effecting the termination. Fee for terminating commercial and industrial services shall be determined in an agreement between the city and the water company. This fee shall be assessed against the customer and added to the sewer delinquent bill.
(C) The city may not terminate under this section if the Hamilton County Health Department has found and certified to the city that the termination of water service will endanger the health of the user and others in the municipality.
(D) (1) Prior to the termination of water service because of sewer user fee delinquency the city must first give notice of such delinquency and impending termination at least 30 calendar days prior to the proposed termination, by first-class mail addressed to the user to whom the service is billed, which notice shall contain the following:
(a) The delinquent amount due, together with any penalty and fees;
(b) The date of the notice of termination;
(c) The date on and after which termination shall be made, which shall be at least 30 calendar days from the date of the notice of termination;
(d) Notice that water service may be disconnected if, prior to the earliest possible date of termination given in the notice, the user does not pay the delinquency together with any penalty and fees, or disputes the amount, or makes other provisions for payment pursuant to this section;
(e) A procedure, as provided in division (D)(2) for resolving a disputed bill.
(2) The city shall appoint an account review officer (ARO) to review and resolve disputes. Before the earliest possible date of termination of water service as specified in the notice, a user may request a hearing before the ARO to dispute the correctness of all or part of the amount shown in accordance with the provisions of this section. A user shall not be entitled to dispute the correctness of all or part of the amount if all or part of the amount was the subject of a previous dispute under this section.
(E) The procedure for a hearing on a user dispute shall be as follows:
(1) Before the earliest possible date of termination as specified on the notice of termination, the user shall notify the ARO in writing, that he/she requests a hearing to dispute the correctness of all or part of the amounts shown on the notice of termination, stating as completely as possible the basis for the dispute.
(2) An informal hearing before the ARO shall be held within 15 days of the ARO's receipt of the user's written request for a hearing on a disputed bill.
(3) At the hearing, the user shall be entitled to present all evidence that is, in the ARO's view, relevant and material to the dispute.
(4) Based on the evidence presented at the hearing, the ARO within ten days of the completion of the hearing, shall issue a written decision formally resolving the dispute. The ARO's decision shall be final and binding.
(F) The ARO shall be authorized to resolve any disputed sewage bill and shall be authorized to order the termination of water service under appropriate circumstances. Upon approval by the ARO, the user may enter into an agreement to amortize the unpaid balance of his/her account over a reasonable period of time, not to exceed six months. No termination shall be effected for any user complying with any such amortization agreement, provided the user also keeps current his/her account for sewer service as charges accrue in each subsequent billing period. If a user fails to comply with an amortization agreement, the ARO may terminate water service provided notice is given to the user at least 48 hours prior to such termination and the notice includes conditions the user is required to meet to avoid termination.
(G) Utilization of this hearing procedure shall not relieve a user of the obligation to timely and completely pay all other undisputed water and sewage bills or charges. Failure to timely and completely pay all such undisputed amounts shall subject the user to the termination of service in accordance with the provisions of this division.
(H) Until the date of the ARO's decision, the city shall not terminate water service of the user. If the ARO determines that the customer must pay some or all of the disputed amount, the department, or ARO in his written decision, shall notify the user of the following:
(1) The amount to be paid;
(2) The date on or after which services will be terminated; and
(3) Notice that unless the city receives complete payment of the amount shown prior to the earliest possible date of termination given in the notice, water service shall be terminated.
(a) A
USER for the purpose of this section is defined as:
(1) A person who requests, either orally or in writing, water and/or sewage service from the city or water utilities;
(2) A person in whose name water and/or sewage service is billed for the rendering of the service.
(Ord. 033094B, passed 4-20-94; Am. Ord. 081400, passed 9-25-00; Am. Ord. 091514A, passed 11-17-14)