(A) (1) Written notice of proposed disconnection of service for non-payment, for any reason, other than voluntary disconnection where the customer asking for disconnection is also the only consumer at the address, must be sent by the city at least five days and no more than ten days prior to the date for proposed disconnection.
(2) Notices may be mailed with first class postage prepaid to reasonably assure delivery within that time. The date of the notice shall be the date of mailing, and a dated copy of any notice sent shall be retained by the city.
(3) The notice shall include:
(a) Identifying information, including the service address to be affected, the account number, the customer’s name and address and the identity and address of the provider;
(b) The minimum amount due for payment to avoid disconnection; and
(c) The date proposed for disconnection if the account is not paid or hearing requested.
(B) Notices shall clearly and conspicuously advise any recipient of his or her due process rights. The notice shall be given in a termination letter which will set forth the procedure for requesting a hearing. If a hearing is requested, the disconnection will not take place until the hearing process is completed. The notice in the termination letter shall include the following:
(1) The reason for disconnection or termination of service;
(2) The front of the envelope shall be stamped or printed in ink: “FINAL NOTICE: FAILURE TO PAY WILL RESULT IN SHUT-OFF”; and
(3) (a) The letter shall also include the following statements.
“You may avoid termination by taking one or more of the following actions prior to the scheduled termination date:
If you personally owe utility service charges which are past due, you should pay the past due balance in full.
If you dispute the reason for the proposed termination, in whole or part, you may request a hearing to contest termination. If a hearing is requested before the scheduled date for termination, termination will not take place until the hearing process is complete. If you request a hearing, you have the right to examine records concerning this service address; to bring a representative to help you at the hearing; and to bring witnesses to testify on your behalf;
If water service is disconnected at any address by the city and is discovered to have been reconnected by someone other than a city employee, water service will be immediately disconnected by the city, a lock placed upon the meter, a meter reading will be immediately taken and the service account will be adjusted to include all water registered on the meter since the last reading at shutoff. The service account must be then paid in full, plus the $75 reconnection fee, before water service can be restored to the account.
If you wish to avoid termination, or to request a hearing, or wish a more complete explanation of your hearing rights or your rights to assume responsibility for future utility charges, you should immediately contact the City Manager at the address and telephone number listed in this letter between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday.”
(b) The notice specified herein shall state: “FINAL NOTICE IF YOU HAVE ANY QUESTIONS OR DISPUTES ABOUT THIS BILL, CALL THE CITY OF NELSONVILLE”.
(C) In the event any service address that would be disconnected is a consumer household, notice of disconnection of service, in the form and manner specified herein, must be delivered to each service address so affected, in addition to delivery to the customer household.
(Prior Code, § 5.03.22)