A. Discontinuing Service: The city council may discontinue water and/or sewer services to any premises connected to the city water or sewer system for any of the following reasons:
1. Failure to pay any outstanding bill which is past due.
2. When the premises violates any city code to the extent that, in the council's opinion, the premises constitute a potential danger to the public health, safety or welfare.
3. When the premises are in violation of any code relating to use of the city water or sewer system.
B. Procedures For Discontinuing Services:
1. Notice Of Termination: Prior to discontinuing delivery of water and/or sewer services to any premises within the city, a written notice that services will be terminated shall be delivered to the owner by personal delivery or certified mail, or shall be posted on the premises, at least three (3) days prior to termination of service, unless it has been declared by the council that an emergency exists which requires immediate termination of services.
2. Right Of Appeal: The owner or any resident of the premises where services are being discontinued shall have the right to file a written appeal of said action with the city clerk. Such written appeal shall state the reasons why the owner or resident believes that services should not be discontinued. The council shall thereafter consider the written appeal at a regular or special council meeting at the council's earliest convenience. Services will not be discontinued to the premises until such time as the council makes a decision unless an emergency exists requiring immediate shutoff.
3. Council Decision To Shut Off: Should the council continue to require shutoff after considering the written appeal, three (3) days' notice of discontinuance will be delivered in the manner described above. Such notice shall state the actions that can be taken by the owner or resident to correct deficiencies on the premises.
C. Connections And Reconnections: The city council shall not permit connection or reconnection of any premises to the sewer or water system of the city until all applicable fees have been paid to the city. The city council may deny connection or reconnection of any premises to the water or sewer of the city if the council determines the following circumstances exist:
1. The owner of the premises or the applicant for services has unpaid arrearages owing to the city for utility services. Connection will be made only after such arrearages are paid.
2. Where the council finds that the premises are in violation of any city code, connection will be permitted only when the applicant demonstrates that such code violations have been abated.
3. Where connection to the sewer or water system would endanger the health, safety or welfare of the residents of the city or the premises.
4. Where the sewer or water system is not adequate to serve the proposed uses on the premises.
5. Where the proposed use of the premises would injure the city sewer system or treatment system.
D. Hearing: Should the city council decline to connect any premises to the city sewer or water system, the owner or applicant for said services may appeal said decision, in writing, stating the reason why the premises should be connected. The council shall consider such appeal at a regular or special city council meeting within sixty (60) days of receipt of said notice. The city council may require that the owner provide certification from a building, electrical, or plumbing inspector that the premises comply with city code. Where appropriate, the council may require certification from an architect or engineer that the premises are safe and habitable, or usable safely for the proposed construction. (Ord. 631, 7-9-1991; amd. 2009 Code)