3.07.040: STAY OF TERMINATION PROCEDURES:
Any customer or user who wishes to stay termination proceedings (see section 3.07.030 of this chapter) prior to termination of service may do so as provided herein. A customer or user may stay termination proceedings by making arrangements prior to the termination date which are agreeable to the City to satisfy the full delinquency, provided, however, that a customer or user who makes such arrangements and who, thereafter, fails to fulfill those arrangements may be deemed to have defaulted on the agreement and the stay of termination proceedings may be lifted by the City and the termination proceedings reinstated where they left off. Additionally, a customer wishing to stay termination proceedings for the purpose of challenging the finding of a delinquency by the City Council may do so by depositing with the City an amount equal to the amount declared to be delinquent by the City and shall further be responsible for depositing monies equal to fees billed for service which has not yet been terminated, such deposits being due within thirty (30) days of billing. Failure to deposit monies equal to the amount owed for ongoing monthly utility service during the pendency of a stay shall constitute grounds for the lifting of the stay by the City. A satisfactory deposit shall stay proceedings for up to six (6) months or longer if deemed appropriate by a court of competent jurisdiction. During the stay period, the customer or user may arrange for the rescheduling of the hearing described herein. A customer or user may also use this sixty (60) day stay period to seek further relief by whatever legal means available provided, however, that the customer or user must first contest the validity of the delinquency through the hearing procedure described herein. In the event the challenge to the amount claimed to be delinquent is successful and it is determined a lesser amount is owed, the customer or user shall be entitled to a refund of the amount deposited with the City in excess of the amount owed. (Ord. 1180, 2018)