A. Notice Required Prior To Termination: The city may deny or terminate service to a customer or applicant without the customer's or applicant's permission, but only after adequate notice has been given in accordance with these rules, for one or more of the following reasons:
1. The customer or applicant did not pay an undisputed delinquent bill or paid a delinquent bill with any check not honored by the bank.
2. The customer or applicant failed to make a security deposit, make an installment payment on a deposit, or obtain a guarantee, where it is required.
3. The customer or applicant failed to abide by the terms of a payment agreement.
4. The customer or applicant misrepresented the customer's or applicant's identity for the purpose of obtaining city service.
5. The customer or applicant denied or wilfully prevented the city's access to the meter.
6. The city determines as prescribed by relevant state, or other applicable standards that the customer is wilfully wasting service through improper equipment or otherwise.
7. The customer or applicant is using service for which the customer or applicant did not apply. Nothing in this rule requires the city to provide service to a customer who applies for city water and/or sewer who owes money on an existing or previous account.
B. Termination Without Prior Notice: The city may deny or terminate service without prior notice to the customer or applicant and without the customer's or applicant's permission for one or more of the following reasons:
1. A condition immediately dangerous or hazardous to life, physical safety, or property exists, or if necessary to prevent a violation of federal, state or local safety or health codes.
2. The city is ordered to terminate service by any court, city council, or any other duly authorized public authority.
3. The service is obtained, diverted or used without the authorization or knowledge of the city.
4. The city has tried diligently to meet the notice requirements, but has been unsuccessful in its attempts to contact the customer affected.
C. Requirements For Notice Prior To Termination:
1. Five Day Notice: If the city intends to terminate service, with prior notice, the city shall send to the customer written notice of termination mailed at least five (5) calendar days before the proposed date of termination. This written notice shall contain the information required by subsection D of this section.
2. Payment With Check Not Honored By Bank: The requirement of five (5) days' written notice shall not apply when:
a. The customer does not make an initial payment according to a payment agreement or makes the initial payment with a check not honored by the bank.
b. The customer tenders payment with a check not honored by the bank and incurred bank service charges of fifteen dollars ($15.00) or such other fee as may be set by resolution.
c. In the event a customer attempts to tender payment with a check not honored by the customer's bank, the city shall assess an additional fifteen dollar ($15.00) service charge or such other fee as may be set by resolution, on that amount that is assessed by the bank, whichever is the greater. (Ord. 12-550, 6-11-2013; amd. Ord. 16-561A, 11-8-2016)
D. Contents Of Notice Of Intent To Terminate Service: The written or oral notice of intent to terminate service required shall state:
1. The reason(s), citing these rules, why service will be terminated and the proposed date of termination;
2. Actions the customer may take to avoid termination of service;
3. A certificate notifying city of a serious illness or medical emergency in the household may delay termination as prescribed by subsection F of this section;
4. That the customer may submit a written protest disputing the bill or hardship request pursuant to section 10-2-17 of this chapter; and
5. Upon written request of the customer on a city supplied form, the city may accept payment agreements as provided in subsection J of this section. (Ord. 14-555, 1-27-2015; amd. Ord. 16-561A, 11-8-2016)
E. Third Party Notification, Residential Service: The city shall provide a program for its residential customers known as third party notification. Under this program, the city will, at the request of the customer, notify orally or in writing a third party designated by the customer of the city's intention to terminate service. No customer can be considered to have refused to enter a payment agreement unless either the customer or the designated third party has been given notice of the proposed termination of service and of the customer's opportunity to make a payment agreement.
F. Serious Illness Or Medical Emergency:
1. Medical Certificate; Postponement Of Termination Of Service: The city shall postpone termination of utility service to a residential customer for thirty (30) days from the date of the receipt of a certificate by a licensed physician or public health official with medical training that states:
a. The customer, a member of the customer's family, or other permanent resident of the premises where the service is rendered is seriously ill, or has a medical emergency, or will become seriously ill, or have a medical emergency because of termination of service; and
b. Termination of utility service would adversely affect that customer, member of the customer's family, or resident of the household.
2. Contents Of Medical Certificate: This certificate must be in writing and show clearly the name of the person whose serious illness or medical emergency would be adversely affected by termination, the nature of the serious illness or medical emergency, and the name, title, and signature of the person giving notice of or certifying the serious illness or medical emergency.
3. Restoration Of Service: If service has already been terminated when the medical certificate is received, service shall be restored. The customer must receive service for thirty (30) days from the city's receipt of the certificate.
4. Payment Arrangements: Before the expiration of the medical postponement, the customer must make a payment agreement with the city in accordance with subsection J of this section.
5. Second Postponement: The city may postpone termination of service upon receipt of a second certificate stating that the serious illness or medical emergency still exists.
6. Verification Of Medical Certificate: The city may verify the authenticity of the certificate and may refuse to delay termination of service if it is determined that the certificate is a forgery or is otherwise fraudulent.
G. Medical Facilities; Shelter Care: Where service is provided to a customer known to the city to be or identifying itself as a medical care facility, including a hospital, medical clinic with resident patients, nursing home, intermediate care facility or shelter care facility, notice of pending termination shall be provided to the city council and to the state department of health and welfare as well as to the customer. Upon request from the city council, a delay in termination of no less than seven (7) calendar days from the date of notice shall be allowed so that action may be taken to protect the interests of the facility's residents.
H. Restrictions On Termination; Opportunity To Avoid Termination Of Service:
1. When Termination Not Allowed: Unless the customer affected has consented, in writing, service shall not be terminated on any Friday after twelve o'clock (12:00) noon, or on Saturday, Sunday, or legal holidays recognized by the state of Idaho, or after twelve o'clock (12:00) noon on any day immediately preceding any legal holiday, or at any time when the city's business offices are not open for business, except as authorized by a condition immediately dangerous or hazardous to life, physical safety, or property exists, or if necessary to prevent a violation of federal, state, or local safety or health codes; or the city is ordered to terminate service by any court, the city council, or any other duly authorized public authority. Services may be terminated only between the hours of eight o'clock (8:00) A.M. and four o'clock (4:00) P.M., except as authorized by the court, city council, or dangers that are hazardous to life.
2. Personnel To Authorize Reconnection: The city shall have personnel available after the time of termination who are authorized to reconnect service if the conditions cited as grounds for termination are corrected to the city's satisfaction.
3. Opportunity To Prevent Termination Of Service: Immediately preceding termination of service, the customer may present evidence to the employee designated to terminate service that all outstanding bills are satisfied. Upon presentation of evidence that outstanding bills are satisfied, service shall not be terminated.
4. Notice Of Procedure For Reconnecting Service: The employee of the city designated to terminate service shall give to the customer or leave in a conspicuous location at the service address affected a notice showing the employee's name, the time of and grounds for termination, steps to be taken to secure reconnection, and the telephone numbers of utility personnel or other authorized representatives who are available to authorize reconnection.
5. No Termination While Council Action Pending: Except as authorized by order of the city council, service shall not be terminated for failure to pay amounts in dispute prior to the city council meeting where the customer has requested to appear before the city council.
I. Termination Of Service To Master Metered Accounts And Residents Or Occupants Who Are Not Customers:
1. Notice To Occupants Or Residents Not Customers: Except if a condition immediately dangerous or hazardous to life, physical safety, or property exists, or if necessary to prevent a violation of federal, state, or local safety or health codes; or the city is ordered to terminate service by any court, the city council, or any other duly authorized public authority, no utility shall terminate service without providing written notice to the residents or occupants of:
a. A building or mobile home court where service is master metered, or
b. A residence where the customer billed for service is not a resident or occupant of the premises being served.
2. Five Day Notice To Occupants Or Residents: The city must notify the residents or occupants of its intent to terminate service at least five (5) calendar days before the proposed date of termination. The notice should be delivered to the premises or, in the case of multi-occupant buildings or mobile home parks, posted in common areas or a conspicuous location. The notice shall state:
a. The date of the notice;
b. The proposed termination date;
c. The amount due for the most recent billing period; and
d. The resident(s) or occupant(s) can negotiate directly with the city to purchase future service at that location in the resident's(s') or occupant's(s') own name(s). (Ord. 12-550, 6-11-2013; amd. Ord. 16-561A, 11-8-2016)
J. Payment Agreements:
1. Agreements Allowed: When a customer cannot pay a bill in full, the city shall continue to serve the customer if the customer and the city agree on a reasonable portion of the outstanding bill to be paid immediately, and the manner in which the balance of the outstanding bill shall be paid. Such agreements shall be in writing and approved by the city council. Pending consideration of the agreement at the next council meeting, the mayor shall have the discretion to temporarily continue the customer's water service.
2. Reasonableness: In deciding on the reasonableness of a particular agreement, the city will take into account the customer's ability to pay, the size of the unpaid balance, the customer's payment history, and the amount of time and reasons why the debt is outstanding.
3. Application Of Payment: Payments are to be applied first to the oldest balance owed on the customer's bill, except in the case of a disputed bill. If the customer disputes a bill, the customer's payments are to be applied first to the oldest undisputed amount.
4. When Agreement Not Binding: No payment agreement shall be binding upon a customer if it requires the customer to forego any right provided for in these rules.
5. First Payment Due: The first payment, under the agreement, will be due one business day after the agreement is executed, unless the city grants an extension in the agreement. If the initial payment is not made, or if any check not honored by the bank is offered as initial payment, the city may terminate service without further notice.
6. Third Party Contact: If the city has been unable to contact a customer concerning termination, but has contacted the customer's third party and has failed to receive a response from the customer within seven (7) days after the third party was contacted, the city may treat the customer as one who has been contacted and has declined to enter into a reasonable payment agreement. (Ord. 14-555, 1-27-2015; amd. Ord. 16-561A, 11-8-2016)