§ 52.33 DENIAL OR DISCONTINUANCE OF SERVICE FOR CAUSE.
   (A)   Denial of service. The utility reserves the right to refuse an application for service if the applicant is indebted to the utility for service therefor rendered at any location, however, the utility shall make known to the applicant the reason for such refusal.
   (B)   Discontinuance with notice.
      (1)   The utility reserves the right to discontinue service without notice to any customer:
         (a)   When an emergency exists (e.g., if a customer has a very bad leak and cannot be reached, water main break or fire, or the like);
         (b)   For unauthorized use of water;
         (c)   For an unapproved cross- connection of a customer’s water pipes to any other source of water supply or for permitting any condition to exist about his or her premises that causes or might cause pollution of the public water supply;
         (d)   Upon order of any authority having jurisdiction of such matter;
         (e)   For any tampering or knowingly permitting any tampering with any service pipe, curb stop, water meter, meter seal, or water meter pit, including the lid;
         (f)   For any fraudulent representation or concealment related to consumption for use of water;
         (g)   Mail returned by the U.S. postal service;
         (h)   If a customer issued or causes to be issued any invalid form of payment (for example, a bad check, invalid bank account number, invalid credit card number, or the like) to avoid termination of service or for any reason, and said payment method is rejected by a financial institution. However, any customer who receives a letter, a door tag, or a phone call or email after two times in a 12-month period must pay in cash;
         (i)   Failure to remit charges/fines/ legal/fees assessed by the city for tampering with water/wastewater connections, which includes turning the water on or off and tampering with water meter pit including removing water meter pit lid;
         (j)   An agreement to pay may be executed between the utility, the customer and an approved representative of the customer at the sole discretion of the utility in order to avoid disconnection of service or in other special circumstances, the full amount must be paid to avoid disconnection;
         (k)   Failure to comply as agreed to the terms of a payment plan with the utility;
         (l)   Failure to pay an additional deposit; and/or
         (m)   When property is found to be vacant without notice to utility and payment is not current.
      (2)   Water service discontinued for any of the foregoing reasons shall be renewed immediately upon correction of the condition causing the discontinuance and any applicable charges or fees paid prior to the reconnection.
   (C)   Discontinuance after ten-day notice.
      (1)   The utility reserves the right to discontinue all water service to all or any part of the premises of a customer who has been given written notice on his or her monthly billing or a letter of notice, either mailed to the customer at the address as shown on the records of the utility or delivered personally to the customer, that their water service would be discontinued in whole or in part if any situation as listed below continues:
         (a)   Delinquency in the customer’s account with the utility in connection with charges for water service supplied, meter or service maintenance, or contractual for facilities;
         (b)   Failure to maintain free and non-hazardous access to the premises and to the water meter so that representatives of the utility may take meter readings, make all necessary inspections, and maintain, replace, or remove the water meter;
         (c)   Installing a new service pipe and appurtenances and altering or removing existing service pipes and appurtenance including the water meter;
         (d)   Vacancy of the premises;
         (e)   Violation of any these general rules and regulations or any amendments thereto;
         (f)   Failure to receive a bill shall not affect the right of the utility to turn off and discontinue service for non-payment;
         (g)   An agreement to pay;
         (h)   Water wasted due to failure to repair a leak; or
         (i)   Existence of conditions dangerous or hazardous of physical safety of property for the utility staff.
      (2)   (a)   Water service discontinued for one of the foregoing reasons will be renewed by the utility upon application when the conditions under which such service was disconnected has been corrected, when all charges to the customer have been paid, and when access to the premises may be made during regular business hours.
         (b)   A charge commensurate with the cost of turning off and turning on the service shall be made. If shutting off or renewing the service involves any excavating, the cost of such work shall be an additional charge against the customer. The utility reserves the right to turn off the water service to the property for failure to pay such costs.
      (3)   Whenever the utility has turned off water service, the customer shall not turn the water service back on nor shall he or she cause any other person to turn such service on. Illegal reconnections shall be treated and assessed in the manner as illegal tap, as referred to in § 52.21.
(Ord. 1-2021, passed 6-22-2021) Penalty, see § 10.99