§ 1046.23 HEARING PROCEDURES.
   (a)   The service representative shall be the Superintendent of Water. If the Superintendent of Water was involved in the original decision at issue, the Mayor shall be the service representative for that issue. The service representative shall be empowered and required (when good cause is shown) to compromise and adjust billings; negotiate, defer and compromise disputed as to Service Department requirements or payment demands; and to cancel disconnection and/or order reconnection. The service representative shall strive to arrange reasonable alternate methods of payment, or reasonable security for payment, in order to preserve utility service, and shall maintain residential utility service without discrimination. The service representative shall be familiar with, and able to advise utility customers and consumers of agencies, resources, and [text missing from ordinance] locally available to assist in the payment of utility bills. The service representative shall preside at hearings [text missing from ordinance]
   (b)   Customers or consumers of utility service who wish to contest a water utility services decision, billing, or a proposed disconnection of utility services (hereafter "the person") shall be afforded a due process opportunity to contest the city's action or inaction prior to termination of service. Due process shall include the right to a face-to-face meeting with the service representative, at which the person may (1) have the assistance of a representative; and (2) may present documentary and/or oral information for the service representative's consideration. These persons shall be entitled to reasonable access to city business records concerning the affected service address in order to prepare for the meeting, which right of access includes the right to obtain copies of documents found therein upon payment of the actual cost of copying. The service representative shall make a written decision after the hearing and the reasons for the decision. A copy of the decision shall be delivered to the person; a copy retained in the business files kept by the city relating to any service address affected by the hearing.
   (c)   Due process hearings shall be held within a reasonable time after a verbal or written hearing request has been made, but will not be held so quickly as to deny the person an adequate opportunity to seek assistance or to prepare for the hearing, in light of the person's circumstances. Five business days shall generally constitute a reasonable time. The hearing decision shall be delivered to the person within a reasonable time after the hearing. If a hearing is requested prior to actual disconnection of service, no disconnection may occur until seven days after the hearing decision has been delivered to the person who requested the hearing.
(Ord. 19-09, passed 3-14-2019)