(A) The city manager shall, as appropriate, appoint a person to be the appeal officer for appeals from decisions made by the hearing officer as provided herein.
(B) The customer may appeal the decision of the hearing officer by filing a written appeal, specifying the grounds for such appeal, with the city clerk within 48 hours of the city's delivery of the hearing officer's decision to the customer. Upon receipt of the appeal, the appeal officer shall give written notice to the customer of the date, time, and place of the appeal hearing.
(C) At the appeal hearing, the city's representative shall first present good cause to justify termination of the utility service. Thereafter, the customer or the customer's representative may present evidence in opposition to the termination. The appeal officer shall conduct the appeal hearing in an informal fashion and shall not be bound by the technical rules of evidence. After the appeal hearing, the appeal officer shall prepare a written decision determining whether the city has established good cause for termination of the utility service. The decision of the appeal officer shall be final and shall constitute an exhaustion of administrative remedies.
(D) If the appeal officer decides that the city has established good cause, the city shall not terminate the utility service sooner than 48 hours after delivery of the decision to the customer.
(E) If the appeal officer decides in favor of the customer, such decision shall be filed with the city clerk and the city shall not terminate the utility service unless a new notice of delinquency is prepared and served by the city.
(`64 Code, Sec. 1-12.5) (Ord. No. 2302)