A. Termination For Noncompliance With Rules: The water department may terminate service to any customer for violation of these rules after it has given the customer written notice of such intention. Where safety of water supply is endangered, service may be discontinued or curtailed immediately without notice.
B. Termination For Waste Of Water: Where negligent or wasteful use of water exists from a customer's premises, the water department may terminate the service if such practices are not remedied after it has given the customer written notice to such effect by certified mail or citation issued by the city police three (3) days prior to proposed date of termination. No person shall waste water by permitting water to escape through defective plumbing, or by sprinkling, watering or irrigating shrubbery, trees, lawns, grass, ground covers, plants, gardens, vegetables, flowers or any other vegetation in such a manner or to such an extent as to permit water to escape and flow onto adjoining property or into or along a public street or gutter. Watering lawns through the use of an "open hose" to which no sprinkling irrigation or other such device is attached shall be considered wasteful use of water.
C. Termination For Unsafe Apparatus: If any condition is found to exist on a customer's premises which, in the opinion of the city manager, constitutes a hazard to health or which may contaminate the water supply or which threatens to damage any portion of the city water system, or if the use of water thereon by apparatus, appliances, equipment or otherwise is found to be detrimental or damaging to the water supply, the water department or its customers, the service may be terminated without notice. The water department will notify the customer immediately of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored.
D. Termination For Fraudulent Use Of Service: When the water department has discovered that a customer has obtained service by fraudulent means, or has diverted the water service for unauthorized use, the service to that customer may be discontinued without notice. The water department will not restore service to such customer until that customer has complied with the Wells water code and rules and reasonable requirements of the water department and the water department has been reimbursed for the full amount of the service rendered and the actual cost to the water department incurred by reason of the fraudulent use.
E. Procedure For Termination Of Services For Nonpayment:
1. On the twenty sixth day succeeding the mailing of any water bill, or in the event the twenty sixth day falls on a holiday, Saturday or Sunday, then on the next succeeding working day during which time the bill has not been paid in full, all charges to that date, whether or not billed, and all charges accrued for water services are deemed due and payable, and on such nonpayment of water charges, the water billing shall be considered delinquent and the city clerk shall mail notice to the legal owner or the applicant for service and shall either mail a copy of the notice to the tenant or post a copy of the notice on the premises of the tenant at the address receiving service, notifying the owner and tenant that the water service will be terminated on a specific date, which date shall not be less than ten (10) days after the date of mailing or posting such delinquency notice. All costs incurred by the city in completing the notification process shall be assessed to the owner or applicant for service and such costs shall be added to the water bill.
2. The owner or applicant applying for service or occupant of the premises may request to present his position concerning termination of water services to the board and the board's action will be final.
3. Failure of the owner, customer or tenant to appear before the board after having requested such right, as provided above, will cause the water service to be terminated.
4. On the date of termination of water services, or any date thereafter, the city clerk may cause to be filed with the Elko County recorder a statement of the amount due and unpaid for water services and a description of the property to which the services were rendered to perfect a lien against the property. All costs incurred by the city in perfecting such a lien shall be assessed to the owner or applicant for service and such costs shall be added to the balance to be collected. (Ord. 160, 9-24-1991)