§ 51.21  SUSPENSION AND DISCONTINUATION OF SERVICE.
   (A)   When service is discontinued and all bills are paid, including penalties if applicable, the deposit or any remainder thereof will be refunded.
   (B)   Upon discontinuance of service for nonpayment of bills, the deposit may be applied by the city toward settlement of the account. Any balance will be refunded to the customer, but if the deposit is not sufficient to cover any payable, the city may proceed to collect the balance in any manner provided by laws for the collection of debts.
   (C)   Service discontinued for nonpayment of bills will be restored only after bills are paid in full, redeposit made and a reconnection charge paid in the amount as may be from time to time fixed by the City Council.
   (D)   The city reserves the right to discontinue service without notice in the event of emergency circumstances, insufficiency of supply due to circumstances beyond the city’s control, the direction of public authorities, or other unforeseen or unavoidable circumstances.
   (E)   In the event that the city finds illegal use of its services or use of water at a location where no current account is established, or the use of water after discontinuance of service for nonpayment, a tampering fee of $100 may be imposed to the customer, as well as any other fees or fines that may legally be imposed or levied.
   (F)   It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after a meaningful opportunity to be heard on disputed bills and notice. The city’s form for application for utility service shall contain, in addition to the title, address and telephone number of the official in charge of billing, provisions to the effect that:
      (1)   Payment is due on or before the date stated on the bill;
      (2)   If any bill is not paid by the date specified on the bill a second bill will be mailed containing a cut-off warning notice that if the bill is not paid within ten days of the date of the second bill, service will be discontinued for nonpayment; and
      (3)   Any customer disputing the correctness of his or her bill shall have a right to a hearing before the person in charge of billing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination on the customer’s complaint.
   (G)   Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered, or resort to the hearing procedure provided herein, service will be discontinued at the approximate time specified, but in no event until the charges have been due and unpaid for at least 30 days.
   (H)   When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills then due are paid in full, along with appropriate penalties and a reconnection fee in the sum of $50 or in accordance with the fee schedule in effect at that time.
(1995 Code, § 5-21) (Ord. passed 11-9-2004)