941.04 ESTABLISHING AND MAINTAINING SERVICE.
(a) Any person or entity, who owns a premises to which water service is or can be delivered, shall have the right to establish a water service account to pay for future water service to the premises unless:
(1) The applicant is a person or an entity who is delinquent on a water service account for any premises; or
(2) The applicant is the person or entity who has failed to cure the breach for which water service was terminated pursuant to Section 941.12(f); or
(3) Conditions exist at the unit for which water service is sought which would be grounds for termination of the water service pursuant to Section 941.12(1).
(b) Any person or entity making application to establish a water service account shall execute an application agreeing to be responsible for all charges to the premises in a form and manner approved by the Director of Public Service.
The City reserves the right to require an applicant to submit proof of identification.
(c) No person or entity may be denied the right to establish a water service account to a premises because of an outstanding obligation of some other person or entity for past water service to that premises except persons who were members of the obligor's household during the time the outstanding obligation was incurred and are presently members of the obligor's household.
(d) Whenever the City denies an applicant the right to establish a water service account, the City shall give the applicant a written notice of the reasons for the denial and of the right of the person or entity to request a hearing at which to contest the reasons for the denial. Thereafter, the applicant may request a hearing, and, if so requested, the hearing shall be granted by the City. Any such hearing shall be conducted by the City in accordance with Section 941.13.
(e) In all cases, the owner of the premises, shall be primarily liable for all charges for each water service account to the premises.
(f) Owners making application may elect to have their accounts billed to and in the name of their tenants, but only with respect to those premises on which there is no past due amount owing. If a property owner and tenant sign and return a direct billing agreement the City will send to the owner's tenant, the original billings and property owners will receive only copies of all delinquency and turn-off notices.
(g) In the event it becomes necessary to turn off the water because of a violation of any of the rules or regulations of the Division of Water, or due to the request of the customer, a charge of twenty-five dollars ($25.00) will be made for turning the water off and an additional charge of twenty-five dollars ($25.00) will be made for turning the water on. The turn off-fee shall be the responsibility of the customer at the time of the turn off. The turn on fee shall be the responsibility of the customer at the time of turn on. The turning off and back on of water shall not be construed as "establishing a water service account" for the purposes of Section 941.01(a), provided the customer maintained ownership of the property while the water was turned off.
(h) The Utility Collections Division shall attempt to give notice by mail of all due and payable water bills but cannot guarantee the delivery of such bills. Property owners, when either buying or selling properties, shall see that notice of transfer of ownership is made at the office of the Utility Collections Division and that all water bills are paid to date of transfer of title. The Utility Collections Division shall make every possible effort to collect water bills as promptly as possible, but no consumer or owner of property shall be relieved from any obligation for bills that may be unpaid through failure of the Utility Collections Division to make collections as provided by its rules.
(Ord. 13-088. Passed 4-16-13.)