941.12 TERMINATION OF SERVICE.

   (a)    The City may terminate water service to any premises, in accordance with the procedures set forth in this section, for any of the following reasons:

            (1)    Nonpayment of a bill for a water service account to the premises; or

            (2)    Request of the customer; or

            (3)    Tampering with the water meter(s) for the premises by the customer or consumer; or

            (4)    Failure to install remote reading meter(s) and register(s); or

            (5)    Failure of the customer or consumer to permit the City access to the meter(s); or

            (6)    Emergency termination as defined by subsection (1) hereof; or

            (7)    For the purpose of water conservation in accordance with subsection (b); or

            (8)    Breach of a tap-in agreement for outside the City users.

            (9)    Failure to install meters within ten days after purchase and/or failure to have installed meter inspected.

   (b)    Water service to consumers may be terminated in accordance with subsections (f), (g) and (m) hereof in the event that it is necessary to conserve water.

   (c)   A water service account terminates upon the date of the termination of water service and the removal of the meter from the premises, or upon the date that a new water service account for water service to the premises is established by some other person or entity, whichever occurs first.

   (d)    A customer may terminate his obligation on a water service account without causing the termination of water service to the premises only if another party establishes a water service account for the premises, pursuant to this section, which commences on the date on which the water service account of the customer terminates.

   (e)    A customer may voluntarily terminate the water service to a premises. In such terminations the notice provisions of subsection (g) hereof and the hearing provisions of Section 941.13 are applicable, unless no consumer resides at the premises or the customer has obtained the written consent of each of the consumers residing at the premises, or unless the emergency termination provisions of subsection (l) are applicable. In determining whether or not any consumers reside at the premises, the City has the right to rely upon the written affidavit of the customer. If no consumer resides at the premises or the customer has obtained the written consent of the consumer(s) residing at the premises, the customer may secure termination of water service to a premises by notifying the Utility Collections Division of the date on which he desires such water service to be terminated. The customer may effect such notification by mailing a written request to or by visiting the offices of the Utility Collections Division and making an oral or a written request to an employee of the Utility Collections Division. The customer shall be required to provide photo identification at the time such request is made or the customer shall be required to mail a copy of his/her photo identification to the Utility Collections Division. Such customers must provide to the Utility Collections Division an address to which the City may mail a final water service bill, and must specify a termination date which is at least five working days subsequent to the date on which the customer has notified the Utility Collections Division of his desire to have the water service terminated. Upon completion of the physical termination of the utility services, the customer or his/her written designee shall sign and date a document prepared by the City acknowledging the request for termination has been completed to his/her satisfaction. The City shall read the water meter and terminate the water service as near as possible to the requested date of termination. A bill shall be prepared, mailed and become due at the next normal billing period. In no case shall a bill for a fractional part of a billing period be less than the minimum monthly charge.

   (f)    (1)   Prior to terminating water service to a customer, each of the following conditions must be met, unless the customer and consumer(s), if any, consent to the termination pursuant to subsection (e) hereof, or unless the termination is initiated pursuant to subsection (1):

         A.    If the grounds for termination is nonpayment, the City shall serve upon the customer no sooner than fourteen days after nonpayment as defined in Section 941.07 (a) and (e), a written notice of its intent to terminate the water service supplied to the customer. In the event the grounds for termination are other than nonpayment, the notice herein may be sent by the City when there is reason to believe that such grounds exist. The written notice must have been provided on Form A, as appended to original Ordinance 82-346. A written notice shall, in this section, be referred to as the "termination notice".

         B.    The customer fails to do either of the following within fourteen days of the termination notice served upon him:

                     1.    Cure the breach(es) of obligation for which the City is authorized to terminate water service and concerning which the City has notified the customer in the termination notice, including making restitution on a dishonored check; or

                     2.    Request a hearing in accordance with subsection (f)(2) hereof.

                  C.    In the event the customer has requested a hearing in accordance with subsection (f)(2), the hearing officer has ruled in favor of the City and the customer has failed within two working days of the service date of the decision served upon him to cure the breach(es) of obligation found by the hearing officer.

            (2)    A customer who receives a termination notice is entitled to contest, at a hearing, the validity of the grounds set forth in the termination notice, provided the customer requests a hearing within fourteen days of the service date of the termination notice served upon him. The hearing provided by the City pursuant to this subsection shall be conducted in accordance with Section 941.13 .

            (3)    Payment on an account with a dishonored check shall be deemed as a nonpayment and shall not alter the scheduled notice of termination of water service if restitution is not made. Payment of a termination notice with a dishonored check will result in the immediate termination of water service.

   (g)   (1)    Prior to terminating water service to a premises at which a consumer who is not a customer resides, each of the conditions set forth in subsection (f)(l) hereof and each of the following conditions must be met, unless the consumer consents to the termination pursuant to subsection (e), or unless the termination is initiated pursuant to subsection (1) hereof:

         A.    The City shall serve upon the consumer, no sooner than written notice was served on the customer pursuant to subsection (f)(1)A. hereof, a written notice of its intent to terminate the water service supplied to the consumer. If the consumer resides in a single occupant structure or a dwelling unit of a multi-occupant structure for which there is an individual water meter, the written notice shall be provided on Form B. as appended to original Ordinance 82-346. If the consumer resides in a dwelling unit of a multi-occupant structure for which there is not an individual water meter, the written notice shall be provided on Form C, as appended to original Ordinance 82-346. The written notice required by this subsection shall, in this section be referred to as the "termination notice".

         B.    The consumer fails to do any of the following within fourteen days of the service date of the termination notice served upon him:

            1.    Request a hearing in accordance with subsection (j); or

            2.    Cure the breach(es) of obligation claimed by the City as the grounds for termination of water services, including making restitution on a dishonored check.

            3.    Establish a payment account as provided in subsection (h) hereof if there is an individual water meter.

                     4.    Establish a group payment account as provided in (i) hereof if there is no individual water meter.

                  C.    In the event the consumer has requested a hearing in accordance with subsection (j) hereof, the hearing officer has ruled in favor of the City and the consumer has failed, within two working days of the service date of the decision served upon him, to cure the breach(es) of obligation found by the hearing officer.

            (2)    Payment on an account with a dishonored check shall be deemed as a nonpayment and shall not alter the scheduled notice of termination of water service if restitution is not made. Payment of a termination notice with a dishonored check will result in the immediate termination of water service.

   (h)    In the event a consumer, who is not a customer, and who resides in a single-occupant structure or dwelling unit of a multi-occupant structure for which there is an individual water meter, receives a termination notice from the City, such consumer may establish, in the customer's name, a payment account. The consumer shall be liable only for the cost of water and sewer service supplied to the consumer subsequent to the date on which such account has been established. In order to establish an individual payment account, the consumer must visit the offices of the Utility Collection Division during its business hours and, at that time, an employee of the Utility Collections Division shall provide the consumer the necessary forms hereof; the account shall be deemed established when the consumer has submitted these forms, properly completed, together with a security deposit of fifty dollars ($50.00) to an employee of the Utility Collections Division. The fifty dollars ($50.00) shall be deposited in the Utility Guarantee Deposit Fund. At the termination of service, the deposit will be refunded, less any balance due for the final bill.

   (i)    In the event a consumer, who is not a customer and who resides in a dwelling unit of a multi-occupant structure for which there is no individual water meter, receives a termination notice from the City, the consumer may establish a group payment account for the entire multi-occupant structure. A group payment account is a procedure by which the consumer(s) may maintain the water service to the unit(s) by paying only the current monthly bill. The burden of collecting any amounts in arrears remains with the City, and the consumer(s) may exercise such legal remedies as are available to them. Amounts sufficient to cover the current billing must be rendered to the Utility Collections Division. The City is under no obligation to accept payment from each individual consumer, but rather from one representative acting on behalf of all of the consumers. One payment will be issued to the Utility Collections Division and one receipt will be issued by the Utility Collections Division to the consumer's representative rendering payment. In order to establish a group payment account, the consumer or the consumer's representative must visit the offices of the Utility Collections Division during its business hours and, at that time, an employee of the Utility Collections Division shall provide the consumer or the consumer's representative the necessary forms and assistance for establishing the group payment account. The City may require the representative to provide the names and addresses of all members establishing the group payment account. For purposes of subsection (g) hereof, a group payment account shall be deemed established when the consumer or the consumer's representative has submitted these forms, properly completed, together with a security deposit of two hundred dollars ($200.00), to an employee of the Utility Collections Division, and the consumer or the consumer's representative has tendered to the Utility Collections Division payment in the amount of the current monthly bill. The two hundred dollars ($200.00) shall be deposited in the Utility Guarantee Deposit Fund. At the termination of service, the deposit will be refunded, less any balance due for the final bill. In the event the consumers in a group payment account thereafter fail to tender timely a monthly payment, the City may proceed to terminate the water service, subject to the provisions of subsection (m) hereof. In such circumstances, no other notice or hearing is required.

   (j)    A consumer, who is not a customer and who receives a termination notice, is entitled to contest, at a hearing, the validity of the grounds set forth in the termination notice, provided the consumer requests a hearing within fourteen days of the service date of the termination notice served upon him, and further provided the consumer may not dispute the City's claim, if any, of a delinquency in the water service account of the customer. The hearing provided by the City pursuant to this paragraph shall be conducted in accordance with Section 941.13.

   (k)   In the event a consumer, who is not a customer, receives a termination notice from the City as a result of a delinquency in the water service account of the customer, the consumer may pay the delinquent amount claimed by the City and thereby avoid termination of the water service.

   (1)    In circumstances set forth in Section 941.02 (c) and in those situations in which it is necessary for the City to terminate the water service to a unit in order to make repairs or to prevent substantial damage, and where the pretermination requirements in subsections (f), (g) and (m) hereof reasonably cannot be followed, the City may terminate the water service to the unit immediately and without prior notice. In any such case, if and when it is reasonably practicable to do so, the City shall provide the customer and the consumer(s), if any, either individually or through the media, notice of the reasons for the termination and of the estimated time at which the water service will be restored. The pretermination notice provisions of subsections (f), (g) and (m) shall not apply.

   (m)    In addition to any other notices required by this chapter, between five and ten days prior to terminating the water service to a consumer, the City shall serve the consumer a written notice of the date on or shortly after which the water service will be terminated; however, this notice shall not be required if the termination is at the request of the customer and consumer(s), if any, pursuant to subsection (e) hereof, or the termination is initiated pursuant to subsection (1). Except for emergency terminations, under subsection (1), terminations of water service shall be conducted only during normal business hours in compliance with the following provisions:

      (1)    No termination may be made after 12:30 p.m. on the day preceding a day that all services necessary for the consumer(s) or customer to arrange and the City to perform reconnection are not regularly performed, and

      (2)    Within twenty-four hours prior to termination of service, the City will provide the consumer(s) with personal notice, or if the consumer is not at home, written notice to the premises, prior to termination. In a multi-unit structure, written notices shall be placed in conspicuous places. The notice shall advise the consumer(s) of the termination and of the business address and telephone number of the Utility Collections

         (Ord. 16-080. Passed 5-3-16.)