1050.02  DELINQUENCY; SHUT-OFF PROCEDURE.
   (a)   When an account is 30 days delinquent, a written shut-off notice shall be issued by the City by mail.  The notice shall be directed to the address where the utility service is provided, and, in the case of leased property, a copy of the notice shall be directed to the address provided in the owner's acknowledgment of responsibility form as provided in Section 1050.065.  The notice shall further inform the customer and the property owner, if different from the customer, that payment in full must be made in cash, or by certified check or money order.
   (b)   If the total delinquent amount has not been paid within five working days after receipt of the notice, the City shall shut off the utility service.  The City shall make every reasonable effort to inform the customer of its intentions, and the property owner, if different from the customer, of its intentions.
   (c)   Once the utility service is shut off, the customer or property owner, if different, must pay the entire amount due the City in the manner prescribed above, plus a fee of fifty dollars ($50.00) if the service is reconnected during regular working hours, or one hundred and fifty dollars ($150.00) if the service is reconnected outside of the City Electric Department's regular working hours. Utility services shall not be restored to a property until the entire balance of delinquent charges has been paid or the City and the customer, and the property owner if different, have entered into a written payment agreement concerning such charges. If the owner of leased property declines to enter into such a written payment agreement and the City determines to proceed to enter into the payment agreement with the delinquent utility customer/tenant the City shall waive its right to recoup, by direct action against the property owner or by filing of a lien against the property, the amount of any unpaid utility charges accrued by the tenant/customer after the date of such written payment agreement.
   (d)   If any utility services have been shut off as a result of delinquency in payment, the City may certify such delinquent service charges (including any accrued penalties) to the Summit County Auditor for collection by the County. The amount of the certified utility service charges placed on the tax list and duplicate shall be a lien on the property served by the delinquent utility account and shall be collected in the same manner as other taxes. Alternatively, the customer, or property owner if different, may make a separate payment to the Summit County Treasurer in the aggregate amount of delinquent utility service charges (including any accrued penalties and administrative fees) in order to cause the release of the lien.
   (e)   For accounts which are due December 10, January 10 and February 10, residential customers who are unable to pay the total amount due shall be eligible for a special payment plan.  Residential customers may avoid disconnection by paying an amount not less than one-third of the total amount due.  However, all delinquent accounts must be paid in full by March 10.
(Ord. 96-43.  Passed 4-3-96; Ord. 00-146. Passed 1-3-01.)