SEC. 1-21. REVIEW PROCEDURE PRIOR TO TERMINATION OF UTILITY SERVICES FOR NONPAYMENT OF BILLS.

   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)

SEC. 1-22. GOOD CAUSE FOR TERMINATION.

   The city may terminate a utility service for good cause. For the purposes of section 1-23 through section 1-25, “good cause” shall mean a customer's failure to fully and timely pay a delinquent utility service bill without a compelling justification for nonpayment.

(`64 Code, Sec. 1-12.2) (Ord. No. 2302)

SEC. 1-23. NOTICE OF DELINQUENCY; REQUEST FOR ADMINISTRATIVE HEARING; APPEAL OF HEARING OFFICER DECISION.

   (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)

SEC. 1-24. APPOINTMENT OF HEARING OFFICER; NATURE OF ADMINISTRATIVE HEARING.

   (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)

SEC. 1-25. APPOINTMENT OF APPEAL OFFICER; APPEAL OF DECISION OF HEARING OFFICER; NATURE OF APPEAL HEARING.

   (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)