City officers and employees shall follow the following internal procedures for disconnection and reconnection of City utility services for City customers, hereinafter referred to as "Utility Customer”, who are in default on payment of their Utility Charges or other obligations for utility services, or who are in violation of the City's regulations regarding the use of City utility services.
(A) Notice of termination. If the utility charges are not paid by a date fixed by the Collector of the City in the shut-off notice, which date shall not be less than ten days from the date of said notice, or if the utility customer is in violation of any of the ordinances, rules or regulations of the city with regard to city utility services, the city may discontinue such service after the city mails a written notice to the utility customer by certified mail or by first class U.S. mail, or personally delivers the notice to the utility customer or posts a notice on the premises to be disconnected of the city's intention to discontinue utility services. The form of the shut-off notice shall be prepared by the Collector of the City, hereinafter referred to as “Collector”. If the utility customer is not the owner of the premises served according to the city's records, said written notice may also be mailed to the owner of the premises if such owner's name and address have previously been filed with the Collector for the purpose of receiving such notices. The notice shall state the utility charges and the date the delinquent bill is due or, if applicable, the ordinance, rule or regulation which is alleged to have been violated. The utility customer may contact the Collector for resolution of any complaint in case a dispute concerning the amount due or other problems with the account exist, and the utility customer is entitled to appeal any decision of the Collector on any complaint and have a hearing on such appeal before the City Utility Disconnect Committee of the City Council, hereinafter referred to as the “Committee”.
(B) Administrative resolution. If, prior to disconnection of service, a utility customer calls, visits or writes the Collector complaining of an overcharge or other problem with the account, the Collector shall do one or more of the following:
(1) Render a decision within seven days from the date or receipt of a utility customer's written complaint and stay termination of services until the Collector renders a decision or until all appeals are exhausted, whichever is later;
(2) Cause an investigation, including but not limited to a meter reading at the subject premises to investigate possible errors in billing, leaks and connections;
(3) Establish a written credit plan in cases of proven financial difficulties by the utility customer;
(4) If the Collector finds merit to the dispute, the Collector shall make an adjustment of the utility customer's bill;
(5) If the Collector finds that the dispute has no merit, the Collector shall communicate that decision to the utility customer by certified mail or by first class U.S. mail or personal notice to the utility customer or by posting of the decision on the premises to be disconnected. The notice of the decision shall specify that if the utility charges are not paid or the utility customer does not appeal the decision on or before seven days from the date of mailing, posting or delivery of said notice, the service shall be discontinued.
(C) Appeal hearing. Any utility customer may appeal the decision of the Collector to the Committee within seven days of the date of the mailing, posting or delivery of the decision of the Collector. If the utility customer requests a hearing, the hearing date shall be scheduled for a regular or special meeting of the Committee. The hearing date and time shall be confirmed by first class U.S. mail. At such hearing, the utility customer shall have the right to appear at the hearing in person and with a representative of his or her choice, to present evidence in his or her own behalf and to examine any evidence which the city might introduce. The Committee may conduct its own investigation of the utility customer's complaint and may present any evidence with respect thereto at the hearing. Within seven days after the conclusion of the hearing, the Committee shall render a decision on the utility customer's complaint. Such decision shall be communicated to the utility customer by certified mail or by first class U.S. mail, by personal delivery or by posting notice of the decision on the premises to be disconnected. If the decision is unfavorable to the utility customer, notice of the decision shall specify that if the utility charges are not paid or the violation is not abated on or before seven days from the date of the service of the notice, the service shall be disconnected.
(D) Credit extension.
(1) When a utility customer's utility charges are in arrears because of financial difficulties proven to the satisfaction of the Collector, or the Committee in case of appeal, and the utility customer has not defaulted on a previous credit extension, upon request to the Collector or the Committee, a credit extension may be given by the Collector or the Committee to the utility customer, whereby the utility customer shall pay the amount in arrears on the basis of a deferred payment schedule agreed to by the Collector or the Committee. The agreement shall be prepared by the Collector.
(2) If a utility customer defaults on the deferred payment schedule, all utility charges in arrears shall be immediately due and payable, and no further credit extensions shall be granted to that utility customer. No additional hearing shall be required prior to the termination of utility services if all outstanding charges are not paid before the termination date as originally fixed or changed by the Collector or the Committee.
(E) Reinstatement of service. If service is discontinued because of non-payment of utility charges or because of violation of any ordinances, rules or regulations of the city regarding utility service, such service shall not be restored until all charges, costs and damages, if any, have been paid to the city or the violation has been corrected. Prior to restoration, the additional sum of $35 for each utility service provided shall be paid to the city for the cost of reconnecting such utility service during regular working hours of city utility employees. Regular working hours shall be the usual hours worked by city utility employees in the field at that time of the year on Mondays through Fridays and shall not include holidays and weekends. If a utility customer requests the City Utility Department to make reconnection of utility services other than during regular working hours and the Department agrees, then the utility customer shall be required to pay the sum of $125 for each utility service to cover the city's cost incurred for working city employees after regular working hours.
(F) Inclement weather. Notwithstanding any provision hereof, utility service shall not be terminated on any day when the St. Louis, Missouri National Weather Service forecast for the following 24 hours covering the area in which the residence is located includes a forecast that the temperature will be 32°F or below; or on any day preceding a holiday or a weekend when such a forecast indicates that the temperature will be 32°F or below during the holiday or weekend. Other extreme environmental conditions (e.g. heat, flood and the like) may also be considered in the termination of utility services.
(G) Bills that are not paid. If the bills for utility services are not paid within 60 days of the original mailing date, collection actions will be taken to collect the bills. In the event suit is filed, the party liable for the payment of such account shall pay the city's reasonable attorneys' fees and reasonable costs of a collection agency.
(H) Insufficient funds check or Automated Clearing House (ACH). If the city receives a check or ACH from a utility customer which is not paid on presentment, that utility customer will be notified by the city, and the utility customer shall be required to pay a $25 return check or ACH charge in addition to the insufficient funds check or ACH amount, and said amount shall be deemed additional utility charges.
(I) Non-accrual of rights. The provisions of this section are intended for administrative guidelines and use only by the City of Waterloo, Illinois, hereinafter referred to as “city”, and shall not be construed to confer any rights, claims or causes of action upon a utility customer of any of the city's utility services on account of any disregard or violation of the provisions of this section.
(Ord. 1215, passed 12-26-2001; Am. Ord. 1360, passed 12-19-2005; Am. Ord. 1487, passed 8-18-2008; Am. Ord. 1528, passed 9-21-2009)