§ 33-11. Remedies for delinquent accounts; termination of water or sewer service for non-payment.

(a)

If all charges due for water and/or sewer service(s) are not paid in full before a bill becomes delinquent in accordance with Section 33-9, the City may terminate service at the service address for which payment is delinquent. Service shall not be terminated until the City sends the Customer written notice and gives the customer an opportunity to cure the delinquency by paying all outstanding past due amounts in full.

(b)

If the Customer fails to cure the delinquency within the time specified in such notice, the City may terminate water and/or sewer service by disconnecting the service without further notice on or after the date stated in the termination notice. The Customer will be responsible for and will be charged any costs incurred by the City to terminate the delinquent service.

(c)

Once service is disconnected, a delinquent account fee may be charged to the Customer's Account in addition to any costs associated with the termination of service. The City may use all or any part of the deposit provided by the Customer pursuant to Section 33-4 to pay the delinquent charges.

(d)

The Customer is required to pay all amounts owed to the City and may be required to provide a new or increased deposit as provided in Section 33-4, before water and/or sewer service is restored to the service address.

(e)

Notwithstanding the requirement to pay all amounts owed to the City before service is restored in subsection (d) above, the City may establish and implement policies and procedures which allow for deferring, reducing or waiving, in whole or in part, any water and/or sewer charges and fees on a case by case basis. The City may also agree to accept alternate payment arrangements, on a case by case basis. The establishment and implementation of such City policies and granting any such accommodation will occur in the City's sole discretion and is not subject to appeal or challenge.

(f)

A Customer may dispute any charges billed to an existing, active Customer Account by submitting the dispute in writing to the City within twenty (20) days of the date the Customer's Account becomes delinquent. After review, the City may resolve the dispute or make a further demand for some or all of the delinquent water and/or sewer charges and fees. If City and the Customer are unable to resolve the dispute informally, the Customer may request a formal hearing be held. The City shall set the date of the hearing within twenty (20) calendar days from the date of the Customer's request for a hearing.

(g)

The hearing need not be conducted in accordance with the Rules of Civil Procedure or Rules of Evidence. Both parties may present relevant and credible evidence at the hearing, including oral testimony or written documentation.

(h)

A written report containing any findings and recommendations will be issued within two (2) weeks of the conclusion of the hearing. The City Manager or his/her designee shall review the report and make a final decision regarding the delinquency of the charges and fees and any request for a reduction, deferment or waiver within thirty (30) days of receipt. The decision of the City Manager or his/her designee is final and may not be appealed.

(i)

The hearing is open to the public, unless the Customer requests it be held in private.

(j)

Customers who have filed a written dispute with the City shall not be required to pay the delinquent amount in dispute or be subject to disconnection for nonpayment until a final determination is made by the City Manager or his/her designee.

(k)

Once there is a final decision, any amount determined to be due and owing must be paid in full by the Customer within ten (10) days of the issuance of the decision, unless other payment arrangements have been made with the City as provided in subsection (e) above. In the event the Customer does not make such payment in a timely fashion, the City may terminate the service(s) without further notice to the Customer.

(Ord. No. 3003, § 1(Exh. A), 9-27-16)