(A) It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city’s form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(1) That all bills are due and payable on or before the date set forth on the bill; and
(2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within 10 days of the mailing of the second bill, service will be discontinued for nonpayment; and
(3) That any customer disputing the correctness of his bill shall have a right to a hearing at which time he may be represented in person and by counsel or any other person of his choosing and may present orally or in writing his complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer’s service not be discontinued and shall have the authority to make a final determination of the customer’s complaint.
(B) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
(C) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in an amount set by City Council.
(D) The city reserves the right to discontinue service to any or all customers of the water system, for non-payment of bills. When service has been discontinued for non-payment of bills, it shall not be resumed except upon payment of the bills, together with interest thereon at the rate, set by the Council and the payment to the utility billing clerk of a fee determined by the Council for shutting off and re-establishing service.
(E) Any amounts due hereunder for water charges may be collected in action brought for that purpose in the name of the city against the water user or the owner of the premises or the utility billing clerk shall certify to the County Auditor the amounts due for water charges, including penalty, together with the legal description of the premises served and the County Auditor shall thereupon enter the amount in the tax levy on the premises collectible with the taxes for the next ensuing year; provided that nothing herein shall prevent the Water Superintendent from ordering discontinuance of service to any premises until any bill shall have been paid.
(F) The owner of the premises shall be liable to pay for the water service charges to the premises, and the service is furnished to the premises by the city upon the condition that the owner of the premises is liable to the city. Premises upon which a shut-off has occurred will not be reconnected until all delinquent charges, together with fees, penalties and interest charges where applicable, are paid in full by the owner of the premises.
(Prior Code, § 62-35) (Ord. 236, passed 1989; Am. Ord. 341, passed 2001)