4.02.185 Water service termination.
A. Whenever service is to be discontinued or water to a property is to be turned off, and the request for turn off does not come from the consumer, the City shall follow these procedures:
1. The City will give notice by mail to the customer stating:
a. That the City intends to terminate the customer’s water service by shutting off water to the customer, property, premises or building;
b. The reason for termination of the service;
c. That before water service is terminated, the property owner or customer has a right to a hearing before the finance director on the validity of the reason for termination of water service; and
d. That the property owner and customer must request a hearing on the validity of the termination of service, which request must be received by the City within 10 calendar days of the date of the notice. The delinquent notice will state the time frame for requesting a hearing and the due date after which water service will be shut off. The request for the hearing must be in writing and will state the grounds upon which the property owner or customer believes the termination to be invalid.
2. If the property owner or customer timely requests a hearing, a hearing will be held within 10 days of receipt of the request and the property owner and customer given an opportunity to be heard.
a. If the ground for termination was property owner’s or customer’s failure to pay fees or charges, the finance director will determine what amount is due and owing and inform the customer that the customer has 10 calendar days to pay the amount. If the customer has not paid the amount owed within the 10 calendar days, water service may be terminated in accordance with subsection (A)(3) of this section.
b. If the ground for termination was a violation of this code, then the finance director will determine whether the violation occurred.
c. If the finance director finds that the violation occurred, the finance director may:
i. Order the water service discontinued until satisfactory proof is furnished that the violation no longer exists; or
ii. Give the customer up to three days to furnish proof that the violation no longer exists. If the customer does not furnish the proof within the required period of time, the water service may be terminated.
3. If the property owner or customer does not appear for the hearing requested or the customer does not timely request a hearing, or after a hearing, does not pay the amount due or remedy the violation, the water service may be terminated. No further right to a hearing exists.
4. The City or any of its officers or employees will not be liable for any damages that occur because water service is terminated pursuant to this section.
B. The notice provisions in subsection A do not apply to:
1. Temporary or permanent disconnections requested by the customer;
2. Emergency situations when immediate or prompt turn off of water is required to prevent damage to persons or property, or to make repairs to the water system; or
3. Temporary disconnection to allow installation of extensions or additions to the water system.
C. The City will attempt, when possible, to give notice to affected property owners or customers of temporary water shutoffs for emergency, repair, maintenance or installation purposes. The notice may be given in any feasible manner including, but not limited to, information releases by radio, television and newspapers or by telephone. [BC 4.02.185, amended by Ordinance No. 4781, 9/8/20]