(A) Grounds. Water service to a property may be shut off by the city for the following reasons:
(1) Violation of a provision of this code relating to the operation, maintenance or connection to the water system;
(2) Fraud or misrepresentation by an owner or occupant in connection with an application for service; and/or
(3) Shut-off procedures. If the City Administrator/Clerk-Treasurer determines that grounds exist for shutting off water service, the Administrator/Clerk-Treasurer must notify the owner or occupant or both of the city’s intent to shut off, by mailed, written notice not less than ten days nor more than 30 days prior to the date of shut-off. The notice must state that the owner or occupant or both may request a hearing before the City Council at its next regularly scheduled meeting and that at the hearing the owner or occupant or both may present testimony as to why the service should not be shut off. The request for a hearing must be presented in writing to the City Administrator/Clerk-Treasurer not later than the fifth day after mailing of the notice. A request from either the owner or occupant is sufficient to require the hearing. If a request for a hearing is received, the City Administrator/Clerk-Treasurer may not shut off service until the hearing has been held and then only at the direction of the City Council. If a request for a hearing is not timely received, the City Administrator/Clerk-Treasurer may shut off the water service without further notice.
(C) Failure of the owner or occupant or either of them to pay rates and charges for water service when due.
(1) 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 that:
(a) All bills are due and payable on or before the date set forth on the bill;
(b) 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 ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(c) Any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present, orally or in writing, his or her 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.
(2) 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.
(3) 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 the city (see fee schedule in § 36.02).
(D) Emergency shut-off. The procedure in divisions (A)(3) and (B) above do not apply to water shut-off for the reasons specified in § 52.09 of this chapter.
(Prior Code, § 715.67)