§ 52.015 TERMINATION OF WATER SERVICE; PROCESS.
   (A)   Generally. The city may, upon recommendation of the Public Works Director or City Engineer, terminate water service under the following circumstances:
      (1)   Where an apparatus, appliance or other equipment using water is dangerous, unsafe or is in violation of the laws, chapters or legal regulations;
      (2)   Where excessive demand by one customer will result in inadequate service to others;
      (3)   Where use seriously affects the general service, if such conditions are not corrected within five days after the customer is given written notice;
      (4)   Where a customer or other person uses water from a fire protection facility for purposes other than to extinguish a fire;
      (5)   If charges associated with the provision of water service are not paid in accordance with the provisions of this subchapter, upon recommendation of the City Recorder;
      (6)   Where a physical connection or provisions for a physical connection, direct or indirect, exists between the city water supply and a private water supply;
      (7)   A violation of the non-resident water service agreement or a determination by the Public Works Director or City Engineer that surplus water is no longer available for outside city service; or
      (8)   Where a customer is in violation of any of the provisions of this chapter or the sanitary sewer system regulations under Ch. 53 of this code of ordinances.
(Prior Code, § 3.05.200)
   (B)   Process for terminating water services.
      (1)   Prior to terminating water service, the city shall provide written notice to the customer, that water service to the property is subject to being disconnected unless the delinquent, stopped payment and/or NSF (non-sufficient funds) payment amounts are paid in full immediately. Written notice shall be provided in a manner prescribed by the city according to the following:
         (a)   Written notice for delinquency shall provide that water service to the premises is subject to be terminated, that the customer has a right to request a hearing to contest the termination of water service and information on how to request a hearing;
            1.   Notice shall be sufficient if mailed to the address listed on the application for water services or to the owner of the property as listed in the city’s records; and
            2.   In the event a past due payment is not received by the ninth of the month, the city shall post a 72-hour notice to shut-off at each dwelling unit informing the customer that water service will be shut-off after 72 hours if payment is not received. A notice of shut-off will be placed at the premises upon shut-off of the service. Fees will be assessed per each notice.
         (b)   Written notice for stopped payment or NSF (non-sufficient funds) shall provide that water service to the premises is subject to be terminated.
      (2)   Notice shall be sufficient in the form of a 72-hour notice to shut-off posted at the dwelling unit informing the customer that water service will be shut-off after 72 hours if payment is not received. A notice of shut-off will be placed at the premises upon shut-off of the service. Fees will be assessed per each notice as well as an NSF fee.
      (3)   If full payment arrangements satisfactory to the city, or a request for a hearing as provided for in this section is not timely made, the city may, without further notice or process, terminate water service to the affected premises.
      (4)   A customer or owner wishing to request a hearing shall file a request with the city in writing which shall include the following:
         (a)   The name, mailing address and telephone number(s) of the person making the request;
         (b)   The address of the premises subject to the termination of water service; and
         (c)   A concise statement why the city’s proposed termination of water service is illegal or improper.
      (5)   In the event a request for a hearing is timely received as provided in this division (B), the city shall schedule a hearing before the City Recorder within five business days subject to the following:
         (a)   The customer and/or owner shall have the burden to show that termination of water service is illegal or improper;
         (b)   In the event that the customer and/or owner shows that termination of water service is illegal or improper, termination of water service shall not occur until such time as the city is able to cure the impropriety and notice is provided of the cure to the customer and/or owner; and
         (c)   In the event the customer and/or owner is unable to show the termination of water service is illegal or improper, water service to the property is subject to immediate termination.
(Prior Code, § 3.05.210)
   (C)   Process for appeal.
      (1)   A customer or owner wishing to request an appeal on a decision resulting from a hearing before the City Recorder shall file a request with the city in writing within five business days following the written decision of the City Recorder. The appeal shall be scheduled before the City Manager within five business days of receipt of the request, subject to requirements and process outlined in division (B) above.
      (2)   The decision of appeals by the City Manager is final.
(Prior Code, § 3.05.215) (Ord. 260, passed 4-5-1999; Ord. 274, passed 6-26-2000; Ord. 275, passed 6-5-2000; Ord. 287, passed 4-16-2001; Ord. 294, passed 7-1-2002; Ord. 313, passed 4-5-2004; Ord. 318, passed 7-19-2004)