(1) Discontinuing service for nonpayment.
(a) If a customer's account balance is greater than seventy-five dollars ($75.00) and if that balance has been outstanding for forty (40) days, the customer shall be given written notice that the account is past due. This notice shall also inform the customer of the right to dispute the balance, in accordance with section 27-50(2). The notice shall further state that the customer has seven (7) days from the date of the written notice to contact the utility if the customer wishes to dispute the balance before a hearing officer in accordance with section 27-50(2).
(b) If no payment has been received within seven (7) days following the written notice, the customer shall be given a secondary notice that the account is delinquent and the service subject to turn-off. At this time a delinquent service charge of eleven dollars and twenty-five cents ($11.25) shall be assessed on the customer's account.
(c) If the delinquent balance is not paid within an additional seven (7) days, the water supply shall, without further notification, be turned off, the meter locked, and a delinquent service charge of fifty-five dollars and fifty-two cents ($55.52) assessed on the customer's account. However, if the customer is disputing the water bill in accordance with section 27-50(2), water service shall not be turned off until, or unless, the customer's dispute is found to be without merit by the hearing officer.
(d) If a customer whose meter has been locked has not paid within an additional seven (7) days, the customer's account shall be terminated. Prior to reestablishing service, the full account balance shall be paid.
(2) Customer right to dispute account balance.
(a) Customers objecting to the actions, policies, or decisions of the water department with regard to utility service billing may informally appeal to the billing office superintendent in person, by telephone, or via electronic and/or postal mail.
(b) The billing office will attempt, in a timely manner, to resolve the situation.
(c) If the problem is not resolved by an informal appeal, the customer shall be advised of the right to an administrative hearing.
(d) The director of the water utility shall appoint a hearing officer to resolve customer billing disputes. For any particular dispute, the hearing officer shall have had no previous involvement with the customer's case. In the event that such involvement exists, the director shall designate another hearing officer.
(e) This hearing officer shall be authorized to make a decision as to the validity of the customer's dispute, and, if the customer's dispute is found to be valid, shall also be authorized to make the appropriate corrections to the customer's account, including the potential removal of delinquent service charges.
(f) If the hearing officer requires a more complete set of facts than can be gathered at the time of the hearing, the officer shall make whatever investigation is necessary before rendering a decision.
(g) The customer's water service shall not be terminated until and unless the hearing officer completes the investigation and finds the customer's dispute to be without merit. However, the hearing process does not relieve the customer of the obligation to pay water bills. The customer must continue to pay in a timely manner, all water bills received or be subject to delinquent service charges should the account balance exceed seventy-five dollars ($75.00).
(h) The hearing officer's determination regarding disputed customer account balance is final.
(1953 Code, ch. 25, § 26; Ord. No. 2665, § 10, 9-21-64; Ord. No. 3394, § 14, 1-12-70; Ord. No. 4626, § 10, 3-3-77; Ord. No. 4874, § 1, 9-5-78; Ord. No. 5355, § 5, 4-20-81; Ord. No. 9043, § 5, 4-13-98; Ord. No. 9238, § 6, 6-14-99; Ord. No. 9388, § 1, 5-22-00; Ord. No. 9704, § 2, 5-13-02; Ord. No. 10359, § 2, 12-12-06, eff. 1-16-07; Ord. No. 10510, § 2, 3-18-08, eff. 7-1-08; Ord. No. 10897, § 2, 5-24-11, eff. 7-5-11; Ord. No. 11072, § 2, 5-21-13, eff. 7-1-13)