§ 52.51. DELINQUENT BILLS; DISCONTINUING SERVICE.

Any bill remaining unpaid for a period of thirty (30) days after rendition shall become delinquent. If a delinquent bill is not paid within eighteen (18) days, the water will be cut off and the service terminated, unless a protest and/or appeal is filed pursuant to the following procedure:

(A)

After the customer's account is delinquent, the Water Department shall notify the customer in writing that it intends to terminate water service eighteen (18) days from the date of the delinquency, stating the reasons therefor, the amount of arrearage, if any, and the date after which water service may be terminated. The Water Department must include in this notification that the customer has six (6) business days (from the date of postmark) in which to make a written protest to a designated officer or managerial employee of the Water Department, stating in the notification the last day for filing a protest. The protest will be considered timely filed if it is received or postmarked not later than the last day for filing a protest. Any legible written statement which may be reasonably construed as a protest and filed within the prescribed time shall be accepted. If a protest hereunder is filed, water service will not be terminated while the protest is pending.

(B)

(1)

If a protest is not filed, then after the expiration of that period of eighteen (18) days and before the water service is terminated, the Water Department shall determine if the customer and water user are one and the same person. If they are one and the same person, the water service will then be terminated. If the user is a different person from the customer, the user (if less than eight (8) per one account) shall be notified in writing of the delinquent bill; that the Water Department intends to terminate the water service eighteen (18) days from the date of postmark, if the notice to the user is mailed, or from date of delivery, if the notice to the user is personally delivered; the reasons therefor; the amount of arrearage, if any; the date after which water service may be terminated and that the user has six (6) business days (from the date of delivery of notice, if personally delivered, or from the date of postmark if the notice is mailed) in which to make a written protest to a designated officer or managerial employee of the Water Department, stating in the notice the last day for filing said protest.

(2)

If the customer is the owner or representative of eight (8) or more users, as in the case of, but not limited to, an apartment house, condominium, cooperative, or multifamily residence building, the users will be notified by posting a written notice on the premises of the delinquent bill, stating that the Water Department intends to terminate the water service eighteen (18) days from the date of the notice posted, the reasons therefor, the amount of arrearage, if any, the date after which the water service may be terminated and that the users have six (6) business days (from the date of posting the notice) in which to make a written protest to a designated officer or managerial employee of the Water Department, stating in the notice the last day for filing a protest.

(3)

The protest will be considered timely filed if it is received or postmarked not later than the last day for filing a protest. Any legible written statement which may be reasonably construed as a protest and filed within the prescribed time shall be accepted. If a protest hereunder is filed, water service will not be terminated while the protest is pending.

(C)

If a protest is filed pursuant to the aforementioned procedure, the Water Department officer or managerial employee shall address himself to the customer's or user's communication, make a bona fide inquiry into the dispute presented by the customer or users and make a direct individual response, explaining in detail the Water Department's position upon the matter.

(1)

If the response is oral, the Water Department shall, within a reasonable time thereafter, reduce the same to writing and deliver a copy thereof to the customer. The written response shall contain a notice that the customer or users may file an appeal requesting a hearing, if the customer or users are not satisfied with the aforementioned finding of the Water Department, within six (6) business days (from the date of postmark) stating the last day for filing the appeal; that the appeal must be in writing and must be accompanied by a deposit of twenty-five dollars ($25.00) or an amount equal to the Water Department's bill to the customer or residence of user for the month prior to the month the account became delinquent, whichever is lower.

(2)

If there was no bill for the month prior to the month said account became delinquent, the deposit shall be twenty-five dollars ($25.00). The deposit shall be made with the City and held in an escrow account until the hearing is concluded and a decision rendered by the person conducting it. Water service will not be terminated pending the outcome of the hearing. Any legible, written statement which may reasonably be construed as an appeal and filed within the prescribed time will be accepted as a proper request for a hearing. The appeal will be considered timely if received by the Water Department or postmarked not later than the last day for filing the appeal.

(D)

Upon receipt of a request for a hearing and applicable deposit, the protest and request for hearing shall be assigned by the Water Department to a person to conduct the hearing. The hearing may be conducted by any adult person, including an employee of the City, provided he is not an employee of the Water or Finance Departments. The person to whom the protest has been assigned for hearing shall notify the customer or user as to the date, place, and time of the hearing. This notice shall be at least five (5) business days prior to the date of the hearing. The hearing shall take place within thirty (30) calendar days from the date the request for hearing is received by the Water Department, and shall be open to the public.

(E)

The hearing shall be as informal as is compatible with justice and shall include the following procedures:

(1)

All parties shall have an opportunity to respond, to present evidence and argument on all issues involved, to conduct cross examination, and submit rebuttal evidence;

(2)

Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not that evidence would be admissible in a trial in the Courts of the State;

(3)

Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath; and

(4)

Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding, unless it would be admissible over objection in civil actions.

(F)

The customer or user will be notified of the outcome of the above hearing and the reasons for the decision. If the decision is in favor of the customer or user and no portion of the bill is found due, the amount of the deposit shall be returned to him immediately. If the decision is adverse to the customer or user, the amount of the deposit shall be applied against the arrearage found due the Water Department. If the deposit is in excess of the arrearage, the excess shall be remitted to the customer or user. If the deposit is less than the arrearage, the notice shall inform the customer or user of the amount of the arrearage due, after crediting the deposit, and that water service will be terminated five (5) days after the notice is postmarked. The notice will specify the date after which service may be terminated. If the customer or user tenders the amount of the arrearage due the Water Department prior to the aforementioned termination date, the customer's or user's account will be credited, and water service will not be terminated.

(G)

The Water Department will not terminate water service while any of the aforementioned procedures is pending.

(H)

Prior to the filing of any lien for unpaid water bills, the Water Department shall notify by first-class mail the owner of the subject real property against which the lien will be imposed (as the ownership and address of the owners appears on the current county tax rolls) that the City shall file a lien against that real property in the amount of the unpaid bill fifteen (15) days after the date of the notice if the amount in arrears remains unpaid as of that date.

(Code 1980, § 29-22; Ord. No. 23-82, passed 3/23/82)