(A) Termination of water service for nonpayment.
(1) If a sewer user has not paid the billing within 14 days from the date of the statement, it shall be deemed delinquent.
(2) The city shall give notice to the owner and occupant of the delinquency and provide an opportunity to cure the delinquency within 14 days of the notice.
(3) Failure to cure the delinquency may allow the city to cause the water supplied to said sewer user to be turned off from the premises where sufficient agreement exists between the city and any associated water district, with the city taking notice that without water, the sewer system of the user cannot be used, and shutting off the water is the only way to prevent the use of the sewer for nonpayment; provided, if the charges are not paid within 14 days after the delinquency notice, and if no penalty is due for nonpayment of water charges, an additional penalty, as set by resolution of the City Council, will be added to the account and must be paid to restore service.
(B) Discontinue sewer service. The provisions of this chapter shall apply to all property served with sanitary sewer within and outside the corporate limits of the city, including all property owned or occupied by the United States, the county, and the state, and, in case of nonpayment or delinquency, the city or its authorized representative is hereby authorized and directed to disconnect and/or plug the sewer connection with the sewer system and direct the water district to terminate the water supply to the property.
(C) Penalty for unlawful reconnection. If any person turns on a disconnected service without authority after the service has been turned off or disconnected from the premises on account of nonpayment of rates, other violation of this chapter, or the rules and regulations pertaining to the sewer service, said person shall so be guilty of a misdemeanor and shall be subject to penalty as provided in § 51.99 for each offense.
(Prior Code, § 10-4-4)
(D) Opportunity to challenge termination.
(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:
(a) That all bills are due and payable on or before the date set forth on the bill;
(b) 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 ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(c) That 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 nonpaymentof bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge, to be established by resolution of the City Council.
(Ord. 2018-06, passed 12-12-2018) Penalty, see § 51.99