(A) All utility bills are due on the tenth day of each month. Upon failure to pay any bill by the twentieth day of each month, service will be discontinued in accordance with the following policy.
(1) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills.
(2) The city shall give notice of discontinuance of service to the affected customer and to other persons who are aggrieved by discontinuance of such utility service and who have requested such notice in writing. An "AGGRIEVED PERSON " for the purposes of this section shall be defined as a customer, tenant, or licensee having a valid and existing proprietary, leasehold, license or other possessory interest in the property who has contracted for utility services or otherwise complied with the requirements of this section pertaining to the giving of notice. The burden of proof shall be upon the aggrieved person to demonstrate the existence of his or her valid possessory interest in the premises; provided, however, that nothing contained herein shall authorize or obligate the city to adjudicate or otherwise determine the validity of any property rights.
(3) Any person who may be aggrieved by the discontinuance of utility service to a customer may request duplicate copies of any notice of discontinuance by written notification to the billing clerk responsible for utility services at city hall specifying the name and address for the giving of such notice.
(4)(a) The regular monthly bill shall contain the notice required pursuant to this section and shall also contain, in addition to the title, address, 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 on or before the date set forth on the bill; and
2. That if any bill is not paid by or before that date, service will be discontinued for nonpayment; and
3. That any customer or other aggrieved person disputing the correctness of his bill shall have a right to a hearing pursuant to this section if requested within ten days in writing.
(b) No other past due notice will be sent to delinquent customers.
(5) In the event any customer or other aggrieved person disputing the correctness of the bill requests a hearing, a hearing shall be scheduled as soon as reasonably practical and, in any event, prior to discontinuance of service. Any customer or other aggrieved person may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his 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. Requests for delays or waiver of payment will not be entertained except as may be required under applicable federal or state laws; only questions of proper and correct billing will be considered at the hearing.
(B) In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified. If service is discontinued under division (A) of this section, a $10 reconnection fee shall be paid before service will be reinstated. Notwithstanding the foregoing, no application for new service or reconnection of utility services shall be granted in circumstances in which the applicant is seeking to circumvent or avoid a lawful discontinuance of utility services. Without limiting the foregoing, no other member, or resident or other occupant of a household whose utility services have been disconnected shall be eligible to apply for reconnection of utility service so long as the customer whose service has been discontinued continues to reside in or occupy the premises for which utility services is sought.
(C) Nothing contained in this section shall preclude the termination of utility services with or without a hearing in the interest of public health or safety or to prevent injury to persons or property or as otherwise allowed or required by law. Any customer or other aggrieved person whose utility services have been disconnected under this section without benefit of a pre-termination hearing shall be entitled to a post-termination hearing within five days following disconnection of such services if requested in writing.
(D) No penalty or interest will be charged on delinquent accounts except for the sewer use charge accounts. A late payment penalty of 10% of the sewer use charge will be added to each delinquent bill for each 30 days or portions thereof, of delinquency.
(E) Any person who reconnects or causes to have reconnected any water meter that has been disconnected for nonpayment or any other reason without permission from the City Clerk shall be charged a $50 fee in addition to the $10 reconnection fee.
(Ord. 610.9, passed 3-18-74; Am. Ord. 610.9A, passed 9-30-74; Am. 2-93, passed 10-5-92; Am. Ord. 94-5, passed 3-7-94; Am. Ord. 95-3, passed 4-19-95)