(A) Denial of service. The Utility reserves the right to refuse an application for service if the applicant is indebted to the Utility for prior service rendered at any location. The Utility shall make known to the applicant the reason for that refusal. The Utility shall also refuse to turn water service on to a property having delinquent sewer service charges outstanding.
(B) Discontinuance without notice.
(1) The Utility reserves the right to discontinue service without notice to any customer:
(a) When an emergency exists.
(b) For unauthorized use of water.
(c) For an unapproved cross connection of a customer's water pipes to any other source of water supply or for permitting any condition to exist about his or her premises that causes or might cause pollution of the public water supply.
(d) Upon order of any authority having jurisdiction of that matter.
(e) For any tampering or knowingly permitting any tampering with any service pipe, curb stop, meter or meter seal.
(f) For any fraudulent representation or concealment related to consumption for use of water.
(2) Water service discontinued for any of the foregoing reasons shall be renewed immediately and without charge, except for a charge for the estimated loss of water revenue in items (e) and (f) above, to a customer upon the correction of the condition causing the discontinuance.
(C) Discontinuance after five-day notice.
(1) The Utility reserves the right to discontinue all water service to all or any part of the premises of a customer who has been given at least five days written notice, either mailed to him or her at his or her address as shown on the records of the Utility or delivered personally to him or her or to a person on his or her premises, that his or her water service shall be discontinued in whole or in part if any situation as listed below continues:
(a) Delinquency in the customer's account with the Utility in connection with charges for water or sewer service supplied, meter or service maintenance or contractual payment for facilities.
(b) Failure to provide and maintain an adequate cash deposit guaranteeing payment of water and sewer bills as requested by the Utility.
(c) Wastage of water due to a leak in a privately owned water main, service pipe or appurtenance between the curb stop and the meter, in a private fire protection system or in any other un-metered facility connected directly or indirectly to the Utility's distribution mains.
(d) Failure to maintain free and non-hazardous access to the premises and to the water meter so that representatives of the Utility may take meter readings, make all necessary inspections and maintain, replace or remove the meter.
(e) Failure to maintain an approved meter setting, including pits and vaults.
(f) Installing a new service pipe and appurtenances and altering or removing existing service pipes and appurtenances including the meter without the written authority of the Utility.
(g) Vacancy of premises.
(h) Violation of any provision of this chapter.
(2) Water service discontinued for one of the foregoing reasons shall be renewed by the Utility upon application when the conditions under which that service was discontinued has been corrected, when all charges to the customer have been paid, and when access to the premises may be had during regular working hours. A charge commensurate with the cost of turning off and turning on the service may be made. If shutting off or renewing the service involves any excavating, the cost of that work shall be an additional charge against the customer.
(D) Whenever the Utility has turned off a water service, the customer shall not turn it back on nor shall he or she cause any other person to turn such service on.
(E) The discontinuance of service shall not terminate a contract between the customer and the Utility nor shall it abrogate any minimum charge, which may be effective. The remedies provided the Utility in this chapter shall not be exclusive and shall be in addition to any other remedies, which the Utility has at law or in equity.
(1985 Code, § 36-9-2-14(t)) (Ord. 4-1980, passed 3-18-1980; Am. Ord. 32-2006, passed 9-19-2006)