(1) When the application for utility service is made in a name other than the legal name of the person or company legally responsible therefor;
(2) When the applicant uses a name other than his, her or its legal name and is deemed to be for the purpose of misleading, deceiving or hiding the identity of the person or firm to be benefitted by the service;
(3) When the applicant is other than the person who is legally responsible for furnishing necessities to the family, if a family unit, or is other than the wage earner or producer of income for the family;
(4) If it is found or discovered, at the time of the application or at any time subsequent thereto, that the applicant, or the person legally responsible for furnishing or providing necessities for the family, if a family unit is the user or consumer, has caused a prior loss to the city by insolvency, bankruptcy or failure to pay any prior account for utility service furnished to him or her, or upon discontinuance of service;
(5) When an account or bill for service has not been paid at the time a second or subsequent account or bill has been rendered; and
(6) When the customer has been delinquent and has incurred the penalty for the delinquency for two consecutive monthly bills or accounts.
(B) The City Manager may, under any of the conditions set forth in subsection (A) of this section or for any other reason found by him or her to be justifiable and which might prejudice or jeopardize the city in the collection of the amounts incurred or to be incurred for utility service, require the additional deposit, at the time the application is filed for utility service or after service is begun.
(C) If an additional deposit is required by the City Manager after service is commenced, then notice of the requirement of the additional deposit shall be given to the customer at the billing address by United States certified or registered mail, and if the additional deposit is not made at the time of application the service shall not be connected, or if the additional deposit is not made within seven calendar days, after the posting of the notice service shall be discontinued and disconnected until the additional deposit is made and shall then be reinstated under all rules and regulations pertaining to discontinuance and reinstatement.
(D) The applicant or the customer, if prior connection has been made, may appeal to the Board of Commissioners from any action or notice of the City Manager, as provided in this section by submitting a written request for a hearing thereon, and no particular form is required other than to advise the Board of the name of the applicant or user and the action appealed from, either refusal to connect or notice of disconnection, and may be delivered in person or mailed to the City Clerk.
(E) A hearing shall be held by the Board of Commissioners at its next regular meeting after receipt of an appeal under this section or at a special call meeting for that purpose, after notice thereof to the applicant or customer at least 48 hours prior thereto by personal service or by United States registered or certified mail of the time and date thereof, and subject to continuance as to time and date upon reasonable cause being shown.
(F) Utility service shall not be commenced, or if connected, it shall not be discontinued until the appeal under this section is acted upon by the Board of Commissioners as provided in subsection (E) of this section.
(G) At the hearing of the appeal or at the time set therefor, if the appellant fails to appear, the Board of Commissioners may approve the action of the City Manager or may rescind, cancel or modify the action for the reasons to be stated in the motion thereon, and the action of the board thereon shall be final, whereupon service shall be commenced, continued or discontinued as the Board of Commissioners may direct.
(1977 Code, § 22-78) (Ord. 67-1, passed 1-23-1967)