For nonpayment of water bills, water service to any premises shall not be discontinued until the following procedure has been followed:
A. Notice Of Delinquency: After a water bill becomes delinquent as provided by subsection 7-1-10D of this chapter, the city clerk shall notify the owner of the premises to which such water service was furnished and the tenant thereof, if any, in writing, of such delinquency and, if such water bill is not paid in full within twenty (20) days thereafter, such water service shall be discontinued unless such owner or tenant requests a pretermination of service hearing.
B. Pretermination Hearing: In the event a pretermination hearing is requested, such hearing shall be held before the city council after timely notice to such owner and tenant, if any, who shall have the right to be represented by counsel and present witnesses in his behalf; a written record of such hearing shall be kept by the city and a written decision stating the reasons therefor shall be rendered by the city council within a reasonable time, stating the facts relied upon by the council, its conclusions and the reasons for its conclusions.
C. Discontinuance Pending Hearing: Water service shall not be discontinued pending such hearing but, in the event of a decision requiring payment of such bill or any portion thereof, the same must be paid within ten (10) days after service or mailing of such decision to the owner and tenant, if any, or water service shall be discontinued.
D. Notices: All notices required hereunder shall be in writing and shall be mailed by U.S. certified mail, return receipt requested, with postage prepaid thereon or personally served upon the owner of such premises and tenant, if any. Service shall be deemed complete upon date of service or mailing.
E. Appeal: The owner or tenant of the premises involved shall have the right of appeal to the district court from any adverse decision of the city council, within thirty (30) days from the date of decision.
F. Copy Of Ordinance Available: A full copy of the ordinance codified herein may be obtained from the city clerk at city hall during regular business hours. (Ord. 136, 9-13-1990)
G. Fee: There shall be a fee incurred by the owner or tenant of any delinquent premises to which notice of discontinuance is served which will substantially reflect the cost of serving said notice, including, but not limited to, printing costs, delivery costs and city employee time costs. Said fee will be set by resolution of the city council. (Ord. 136, 9-13-1990; amd. 2008 Code)
H. Restoration Of Service: In the event water service is discontinued, said notification fee and all other delinquent bills, charges, and fees must be satisfied in full before water service is restored to the premises.
I. Lien For Charges:
1. Charges for water shall be a lien upon the premises as provided by statute. Whenever a bill for water service remains unpaid sixty (60) days after it has been rendered, the clerk may file with the recorder of Boise County, a statement of lien claim. This statement shall contain the legal description of the premises served, the amount of the unpaid bill, and a notice that the city claims a lien for this amount as well as for all charges for water served subsequent to the period covered by the bill.
2. If the consumer whose water bill is unpaid is not the owner of the premises and the clerk has notice of this, then notice shall be mailed to the owner of the premises, if his address is known to the clerk, whenever such bills remain unpaid for a period of sixty (60) days after it has been rendered.
3. The failure of the clerk to record such lien claim or to mail such notice, or the failure of the owner to receive such notice shall not affect the right to foreclose the lien for unpaid water bills as mentioned in subsection J of this section.
J. Sale Of Premises For Nonpayment: Property subject to a lien for unpaid water charges shall be sold for nonpayment of the same, and the proceeds of such sale shall be applied to pay the charges, after deducting costs, as is the case in the foreclosure of statutory liens. Such foreclosure shall be by bill in equity in the name of the city.
K. Authorization Of City Attorney: The city attorney is hereby authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matters, against any property for which a water bill has remained unpaid sixty (60) days after it has been rendered.
L. Remedies Cumulative: The remedies herein provided for collecting and enforcing rates are cumulative and may be pursued alternatively or may be used consecutively when the council so determines. If any remedy is invalid, all valid remedies shall remain effectual. (Ord. 136, 9-13-1990)