A. Sewer service may be terminated by termination of water service or by disconnection from the public sewer main or both.
B. No owner, operator, lessee or occupant of property shall connect or reconnect to the public sewer before obtaining a permit to connect from the department. A violation of this section shall be unlawful and shall be a misdemeanor punishable pursuant to this chapter.
1. Should such illegal connection be discovered, the city shall assess against the property the amount of the treatment capacity fee, any permit fees, prosecution costs and monthly sewer service charges.
2. For the purpose of determining the fees listed above, the city shall assume that sewer service to the facility has existed since the facility was first constructed.
3. The amount of fees assessed hereunder may be filed as a lien against the property pursuant to A.R.S. § 9-511.02.
C. Notwithstanding any other remedy, if a customer of the city or any other water utility company fails to timely pay the monthly sewer utility charges, fees or treatment capacity fee (lump sum or monthly installment) of the city, then the water utility company is required, upon written request of the city's Administrative Services Director or designee, to terminate water service to the customer pursuant to the following:
1. Notice of the city's intention to disconnect service for failure to pay shall be given a minimum of 48 hours prior to disconnection.
2. The notice shall advise the customer of the customer's right to a hearing by the City Manager or designee.
D. City shall have the power to disconnect a user who is operating a sewer in violation of city ordinances or regulations or who fails to connect to sewer when required by this chapter.
1. Customers subject to disconnection shall be given a minimum of 7 days notice of the city's intention to terminate sewer services for violations of city ordinances or regulations. The notice shall advise the customer of the right to a hearing before the sewer Board of Appeals as set forth in this chapter.
2. Upon disconnection, city shall estimate the cost of disconnection and reconnection to the systems, and user shall correct the violation and deposit an amount, equal to the estimated cost of disconnection and reconnection, with city, prior to actual reconnection. City shall refund any amount of the deposit found to be in excess of the actual costs. If actual costs incurred by the city are greater than the deposit posted by the user, the difference between the actual costs and the deposited amount shall be paid by the user to the city within 30 days receipt of notice from the city of the funds owed. Failure to pay the full amount owed in the time allotted may result in termination of sewer service and/or other actions as determined by the city attorney.
E. Actions taken under this section for termination of and disconnection from sewer service may be in addition to any other remedies, including any injunctive, civil, criminal or abatement actions taken.
(Ord. 13-1090, § 12, passed 3-12-2013; Ord. 932, passed 8-26-2008)