A. Time Of Payment; Delinquency Charges: All utility bills shall be due and payable at the office of the clerk during regular business hours. Such accounts shall become delinquent at five o'clock (5:00) P.M. on the twenty fifth of each month or on the next regular business day thereafter should the twenty fifth fall on a weekend or a legal holiday, and a delinquent charge of eight dollars ($8.00) 1 shall be added to the amount of the delinquency, except that the delinquency charge for residential "garbage only" accounts shall be seventy five cents ($0.75) 2 and may be collected according to the provisions of section 9-12-31 of this chapter. (Ord. 659, 9-27-1994; amd. Res. 354, 8-22-2005; Res. 08-391, 8-12-2008)
B. Termination Of Service: All utility customers shall be notified of such delinquency in writing and if full payment of the delinquent billing is not made, or arrangements made for a pretermination hearing, prior to the tenth day of the following month, the customer's water service shall be terminated. Exceptions to the above policy shall be made only at a pretermination hearing.
C. Charges For Restoring Service: Should a utility customer's service be terminated or an adverse decision be rendered against the customer as a result of a pretermination hearing, the city shall require the utility customer to pay the entire bill in full plus a turnon charge before service will be restored.
D. Pretermination Hearing: The city, in its delinquency notice, shall inform, in writing, all delinquency utility customers of their right to a pretermination hearing, with such hearing to be held with the due process protection described below; and will not discontinue water service to any utility customer prior to providing opportunity to confront witnesses, to personally appear with retained counsel to be judged on facts adduced at the hearing to otherwise be heard and defended the claim made by the city, if a pretermination hearing is requested by any utility customer. The city council shall make a record of any pretermination hearings. The city council shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the utility customer, the city council will inform the utility customer of the right to appeal the decision pursuant to the Idaho state administrative procedures act.
E. Denial Of Service; Hearing: Provided, however, the city shall not initially deny or discontinue water service to any utility customer because of any delinquent utility bill on that premises that is attributable to the prior water usage of another utility customer. Provided further that the city shall not initially deny water service to any water user for whatever reason without informing the utility customer of the right to a hearing before the city council on the issue of whether the city can initially deny water services. In the case of an initial denial of water service, the city is not required to provide water service pending a hearing. However, a hearing upon request of a utility customer initially denied service shall be held as expeditiously as possible and according to the procedures for pretermination hearings delineated above.
F. Fees Prorated: All single-family, multifacility, and commercial units connected to the city water and/or sewer system shall pay one-half (1/2) of the base rate for each connected utility during any period for which utility services are discontinued. Such fees shall be suspended only upon the removal of the water meter and disconnection of the sewer lateral to the premises. (Ord. 659, 9-27-1994)
Notes
| 1 | 2. This rate shall be effective October 1, 2008. |
| 2 | 3. This rate shall be effective October 1, 2005. |