10.01.113: DISCONTINUANCE OF SERVICE FOR DELINQUENT PAYMENTS:
   (1)   The city shall furnish to each user, or mail to, or leave at the place of residence or usual place of business, a written or printed statement stating the amount of water service charges assessed against the user once each month. The statement shall specify the amount of the bill for the water service and the place of payment and date due.
   (2)   Any charges for water service not paid by the twentieth day of the month charges are due shall be assessed a five percent (5%) penalty on the unpaid balance.
   (3)   If any person fails to pay the water charges within thirty (30) days of the date due, the city shall give the customer notice, in writing, of intent to discontinue the service (notice to discontinue service) unless the customer pays the bill in full by close of business, five (5) business days from the date of notice. The notice to discontinue service shall specify the amount due for the water service and the date due. Such notice to discontinue service shall be mailed to the address on the application for water service agreement, and notice shall be deemed effective upon the date affixed to the notice to discontinue service.
   (4)   If the water service is thereafter discontinued for failure to make payment, all delinquent water charges owed by the customer and a water reconnection charge in the amount specified in the city consolidated fee schedule shall be paid by cash, money order, debit card or credit card before the water service to the premises shall again be provided.
   (5)   If water service is discontinued for failure to make payment, a delinquent customer may also be required to file a new application with a deposit in the amount specified in the city consolidated fee schedule if the previous deposit has been applied to the payment of the delinquent bills. This deposit shall be held by the city as security for the payment of future water bills, and this deposit shall be returned only when service is disconnected and all related charges are fully paid.
   (6)   The city treasurer is hereby authorized and empowered to enforce the payment of all delinquent water charges. The city treasurer shall have the right to apply any unpaid balance to the deposit and require the delinquent water user to restore the deposit immediately or suffer a discontinuance of service under the procedures provided in this section.
   (7)   Any person given notice of the city's intent to discontinue water service as a result of delinquent payments may dispute the notice to discontinue service by filing a written protest with the city recorder before the close of business, five (5) business days from the date of the notice to discontinue service and prior to the disconnection of the water service. The written protest shall include the reasons for the dispute of the notice to discontinue service. The city recorder shall submit all written protests to the city hearing officer, who shall set a hearing within five (5) business days to hear the written protest. The city hearing officer shall have the authority to review the reasons for dispute and make a determination on the merits of the protest, but shall not have authority to consider questions of hardship or inability to pay. Payment of all delinquent charges or adjusted delinquent charges determined by the city hearing officer shall be paid in cash, money order, debit card or credit card before the close of business, three (3) business days from the date of the protest hearing before the city hearing officer.
   (8)   The city hearing officer shall be the city manager. The city recorder shall serve as the city hearing officer as alternate to the city manager. (Ord. 2007-06, 2-1-2007)