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§ 51.25 HEARING PROCEDURES.
   (A)   Persons who wish to contest a denial of utility service or the city’s decision as to billing or a proposed disconnection of utility services (hereafter “the person”) shall be afforded a due process opportunity to contest the provider’s action or inaction prior to termination of service.
   (B)   Due process opportunity is the right to a face-to-face meeting with the City Manager, at which time a person may:
      (1)   Have the assistance of a representative; and
      (2)   May present documentary and/or oral information and/or the testimony of witnesses for the City Manager’s and utility office personnel consideration.
   (C)   These persons shall be entitled to reasonable access to the city’s business records or utility office employees concerning the affected service address in order to prepare for the meeting, which right of access includes the right to obtain copies of documents found therein upon payment of the actual cost of copying. The City Manager shall make a written decision after the hearing and give the reasons for the decision. A copy of the decision shall be delivered to the person, a copy shall be retained in a special decisions file and a copy retained in the business files kept by the city relating to any service address affected by the hearing.
   (D)   Due process hearings shall be held within a reasonable time after a verbal or written hearing request has been made, but will not be held so quickly as to deny the person an adequate opportunity to seek assistance or to prepare for the hearing, in light of the person’s circumstances. The hearing decision shall be sent to the person within a reasonable time after the hearing. If a hearing has been requested prior to actual disconnection of service, no disconnection may occur until five days after the hearing decision is delivered to the person who requested the hearing.
(Prior Code, § 5.03.24.01)
§ 51.26 NON-DISCRIMINATION AGAINST CONSUMERS.
   (A)   (1)   If service is disconnected, or if disconnection is proposed, due to a customer’s nonpayment of service charges for a consumer household, an adult consumer of utility services in said household shall have the right to avoid disconnection, or obtain reconnection, if the consumer pays a $75 deposit and assumes written responsibility for timely payment of future charges for service provided the household at the service address.
      (2)   Consumer assumption does not relieve the customer of contractual liability for charges incurred. The assumption obligation shall terminate upon the consumer’s delivery to the city of a written notice canceling that assumption.
   (B)   This section does not apply to any customer concerning any service address in which resides the customer obligated for payment of the account for that service address. However, in circumstances in which one meter serves more than one service address, consumer households will not be penalized in any way or denied the benefit of this provision, because the defaulting customer’s benefitted unit might also benefit from a continuation or restoration of service.
   (C)   (1)   The city shall not refuse to furnish utility service and/or propose to or disconnect utility service to any customer or consumer household on account of arrearages due the city for utility services furnished to persons formerly receiving services at the same premises, provided the customers obligated on that delinquent account do not continue to reside at such premises.
      (2)   Applicants who are denied utility service shall be notified of that decision, and the reason for it, by use of the form attached as “Exhibit 2” to the enabling ordinance, at the time of the denial. No consumer of utility may be denied services because of, or billed for or required to pay for utility services furnished on the account of another individual, except to the extent of any assumption obligation previously assumed by that consumer pursuant to this section.
(Prior Code, § 5.03.24.02)
§ 51.99 PENALTY.
   (A)   Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.30 of this code of ordinances.
   (B)   (1)   Any person who shall violate any provisions of the chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined in an amount not exceeding $150 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
      (2)   Any person violating any of the provisions of this chapter, other than § 51.16, shall become liable to the city for any expense, loss or damage occasioned the city by reason of such violation.
   (C)   Water/sewer late penalties will be increased to $10 per month.
   (D)   Any person who violates the provisions of § 51.16 shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine of not more than $500 and imprisonment not to exceed six months. Each violation shall be deemed a separate offense.
(R.C. § 715.67) (Prior Code, § 5.03.99) (Ord. 04-21, passed 2-8-2021; Ord. 23-22, passed 3-14-2022)