A. Voluntary Termination Of Service:
1. A customer may request to have a service discontinued by delivering written notice to City Hall at least one (1) business day before the date of requested discontinuance. Charges for water service will terminate on the date the service is disconnected.
2. Emergency situations do not require this prior notice. If the reason for the emergency shut off is the lack of an appropriate shut off at the building or residence, the customer shall be required to reimburse the City for the emergency service on a time and material basis and will be required to install, at the owner's expense, a shut off valve near the service entrance into the house per Section 8-2-4(L) above.
3. Except in emergency situations, customers requesting discontinuance of water service must do so by signing a request for discontinuance of service, must pay their balance in full and pay a disconnection fee, the amount to be established by resolution of the City Council.
4. Customers requesting discontinuance of water service in non-emergency situations during non-regular working hours will be charged a call-out fee as established by resolution of the City Council.
B. Discontinuance Due To Non-Payment:
1. Policy: It is the policy of the City to discontinue utility services to a residential or business unit if monthly utility billing (including water and sewer) is not paid for two consecutive billing cycles (two months).
2. Procedure: The City shall provide the affected service location written notice, sent to the customer's billing address, informing the customer that the City intends to discontinue services and provide the date, which will be at least ten (10) calendar days from the date the City mails the notice, of its intent to terminate services. If the City does not receive a response from the customer within ten (10) calendar days, the City shall affix a second written notice in a conspicuous place at the service location where service is to be terminated. Such second notice shall be given at least three (3) business days before services are terminated.
a. Service Of Initial Written Notice: The initial notice must be served upon the customer by depositing the notice with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer's last known mailing address. The initial notice shall be deemed completed on the date the notice is deposited with the United States Postal Service, properly addressed and postage prepaid, for delivery by first-class mail to the customer's last known mailing address.
b. Contents Of Written Notice: The initial and second notice shall contain the following:
(1) The account number and address to which services are to be terminated;
(2) The date on which the termination will occur;
(3) The reason for the intended termination, including, if the intended termination is for nonpayment, a statement designating the bill as one for actual or estimated use and specifying the total amount owed, the period over which that amount was incurred and the minimum payment required to avoid termination;
(4) The procedures the customer may use to dispute or appeal from the intended termination, providing the address and telephone number for the City;
(5) A statement that the City will promptly investigate any complaint or dispute and provide the customer its written decision on the matter;
(6) A statement that if the customer wishes to dispute any fact or interpretation of a regulation relied upon by the City in its decision to terminate services, the customer must appeal to the City Council;
(7) A statement that services will not be terminated before a resolution of the dispute if the customer pays the questioned portion of the bill at the time the dispute arises and pays all subsequent bills;
(8) An explanation of any arrangements for payment which the utility offers to customers who have difficulty in paying their bills, including any deferred payment programs;
(9) An explanation of the restrictions on the termination when dangerous to the customer's health; and
(10) An explanation of the utility's fee schedule and procedures for reconnecting service.
3. A customer whose service has been disconnected for non-payment will be required to pay a disconnection fee. Before services will be reconnected the customer will be required to pay any remaining balance on the account, pay a reconnection fee, pay a new deposit, and/or sign a contract for a deferred payment plan.
4. The City retains the right to require any customer who has failed to make timely payments on their services, or who have had their water turned off due to non-payment, to pay a deposit as a condition precedent for water and sewer services being reauthorized.
5. Bills for water service are due and payable on or before the 15th of each month and become delinquent on the 25th day of each month. Delinquent accounts will be charged one and one half percent (1.5%) interest on the outstanding account balance.
C. The City may involuntarily terminate service to any customer with prior written notice for:
1. Non-payment of delinquent bill for water services provided;
2. Failure to make a security deposit for water service or an installment payment on a delinquent bill;
3. Negligent or wasteful use of water on the premises of the customer;
a. The City may terminate service for wasting water where the water from a customer's premises is flowing into, under, upon or over any public street, avenue, alley, sidewalk or highway, or so excessively upon the customer's own premises as to constitute a waste of water in the determination of the appropriate City personnel or the Yerington Police Department.
b. The City may charge the customer a civil penalty for wasting water or violating the City's seasonal watering restrictions as identified in Section 8-2-20.
c. The City may terminate water service for violation of the City's seasonal watering restrictions.
4. Violation of any rules contained in this Code.
D. The City may involuntarily terminate service to any customer without prior written notice for the following:
1. If an unsafe or hazardous condition related to water service is found to exist on the customer's premises,
2. If the use of water service by any apparatus, appliances, equipment or otherwise on the customer's premises is found to be detrimental or damaging to the facilities or services of the City, or to other customers;
3. Upon the order of any court;
4. If the acts of the customer or the conditions upon the customer's premises are such as to indicate to the City that the customer intends to defraud it;
5. If the City has discovered that a customer has obtained service by fraudulent means, or has diverted the water service for unauthorized use, or has stolen water service by means of opening a valve or meter that was closed for non-payment or failure to open an account.
a. The City will not restore service to such customer until that customer has complied with the rules and reasonable requirements of the City and the City has been reimbursed for the full amount of the service rendered and the actual cost to the City incurred by reason of the fraudulent use.
b. The illegal taking of services without paying for them is a misdemeanor.
5. If the City has tried diligently to meet the requirements for notice in Section 8-2-18(B) above, but has not been able to give such notice;
6. If an event occurs which could not have been reasonably anticipated or controlled and which requires the termination of service;
7. If the location where service is provided has been abandoned; or
8. If the customer is providing services to another location. (Ord. 19- 01, 1-13-20)