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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)
(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)
(A) Any person under city jurisdiction confined in jail may be required by the police chief to labor on the streets, public safety buildings and grounds, vehicles and other property or public works of the city situated within the county. The police chief may establish a "trustee system" to regulate the conduct of working prisoners and may promulgate reasonable rules and regulations for the purpose.
(B) To assist in the sentencing and rehabilitation of petty offenders, the city may accept the services performed by misdemeanant summary probationers who are assigned by the coordinator of the county's probation-work program to work upon city property within the county.
(C) The term “services,” as used in this subsection, includes clerical services, menial labor and unskilled labor performed voluntarily and without right of discipline reserved to the city. The services performed by summary probationers and accepted by the city shall be:
(1) Without compensation in any form from the city;
(2) Casual, and shall not impinge substantially upon regular duties performed by city employees;
(3) Undertaken concurrently or within the usual working shifts assigned to city employees; or
(4) Rendered at tasks requiring, if at all, simple tools operated solely by human energy.
(D) No prisoner or probationer used or assigned to labor or perform services in accordance with this section shall be considered an employee of, or to be employed by, the city or any city department; nor shall any such prisoner or probationer be covered by any of the provisions of the workers' compensation law of the State or be entitled to any benefits thereunder whether on behalf of himself/herself or that of any other person.
(`64 Code, Sec. 1-13) (Ord. No. 1381)
(A) Whenever a notice is required to be given under this code, unless different provisions are otherwise specifically made herein, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to such person to be notified, at the person's last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed.
(B) Service by mail shall be deemed to have been completed at the time of deposit in the United States mail.
(`64 Code, Sec. 1-14)
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