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ARTICLE II. UTILITY BILLING HEARINGS; CRIMINAL VIOLATIONS OF CODE
The city council hereby declares that in order to ensure that the residents of the city are given an administrative review opportunity, the following hearing procedures, sections 1-21 through 1-25, are adopted which shall be complied with prior to termination of utility services by the city for nonpayment of bills by customers.
(`64 Code, Sec. 1-12) (Ord. No. 2302, 3031)
Prior to termination of a utility service for nonpayment of bills, the city shall afford the customer an opportunity to be heard on the issue of whether the city has good cause to terminate such service. The review procedures set forth in section 1-22 through section 1-25 are exclusively for the termination of utility services due to nonpayment of bills.
(`64 Code, Sec. 1-12.1) (Ord. No. 2302)
(`64 Code, Sec. 1-12.2) (Ord. No. 2302)
(A) If a customer has not paid the customer's account within 15 days after the city has sent a bill for utility service to such customer, then that account shall be deemed delinquent. Prior to termination of any utility service for nonpayment of a delinquent account, the city shall send the customer a notice of delinquency.
(B) The notice of delinquency shall contain the following:
(1) The amount required to fully pay the account;
(2) A statement that the particular utility service will be terminated on a date specified in the notice of delinquency unless the customer fully pays the account prior to that date;
(3) A statement that the customer is entitled to an administrative hearing to determine if the city has good cause to terminate the utility service upon filing of a written request for such administrative hearing with the city clerk on or before the date specified in the notice of delinquency, which date shall be seven days after the date of the mailing of the notice of delinquency;
(4) A statement that if the customer requests an administrative hearing, the date for conducting the administrative hearing will be at least five days prior to the date specified for termination of the utility service and that the city will provide written notice of the date, time, and place of the administrative hearing to the customer; and
(5) A statement that the customer may appeal the decision of the hearing officer to an appeal officer by filing a written appeal, specifying the grounds for the appeal, with the city clerk within 48 hours of the city's delivery of the hearing officer's decision to the customer.
(`64 Code, Sec. 1-12.3) (Ord. No. 2302)
(A) The city manager shall, as appropriate, appoint a person to be the hearing officer for the administrative hearings provided for herein. If a customer requests an administrative hearing, the hearing officer shall conduct such hearing. The hearing officer shall hold the administrative hearing on the date and at the time and place specified in the notice of delinquency.
(B) At this administrative 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 hearing officer shall conduct the administrative hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(C) After the administrative hearing, the hearing officer shall prepare a written decision determining whether the city has established good cause for termination of the utility service. If the hearing 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. The decision of the hearing officer shall be binding upon the customer and the city unless appealed pursuant to section 1-25.
(`64 Code, Sec. 1-12.4) (Ord. No. 2302)
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