Section 12.10.120 Termination of utility services.

1. Utility services extended to real property by the city shall be terminated or refused for the following reasons:

a. For tampering with equipment furnished and owned by the city, including automatic meter reading device;

b. For violation of or noncompliance with ordinances regulating utility services;

c. For failure of the customer to fulfill his contractual obligations for utility services provided by the city;

d. For failure of the customer to give the city reasonable access to its equipment;

e. For failure of the customer to furnish such service equipment, permits, certificates, or rights-of-way, as shall have been specified by the city as a condition to obtaining service, or in the event such equipment or permission are withdrawn or terminated;

g. For payment of a utility bill with a check or other instrument which is dishonored by the paying organization;

h. For failure of the customer to pay reasonable charges incurred by the city in repairing or replacing frozen water meters or disconnected or damaged equipment.

2. With respect to the termination of service for the reasons outlined in subsections 12.10.120(1) (a) through (e) above, ten days' written notice of the intent to terminate utility services shall be given to the customer. Said notice shall set forth the reason or reasons for the proposed termination of service and shall also set forth the action or actions that would be required by the customer to avoid termination of service. The customer shall also be given the opportunity to request a hearing before the director, providing such request is made before termination of service.

3. That with respect to subsections 12.10.120(1) (f), (g), and (h) if the bill remains unpaid twenty days after the billed date, a final notice shall be sent to the customer containing the following:

a. Utility service will be terminated ten days after notice date excluding Sundays and legal holidays.

b. Termination of utility service can be avoided by payment of the bill in full prior to the date service is to be terminated.

c. If the bill is disputed, the customer may pay the undisputed part and request a hearing on the disputed part. Requests for hearings shall be made to the director in writing and held before the director or the director's designee.

d. If termination of utility service will cause a special danger to health and such danger can be medically verified, the city will postpone termination of service for an additional ten days. Evidence of the medical condition shall be presented to the finance and administrative services department. At the end of the ten-day period service will be terminated.

e. The finance and administrative services department may require payment to be in the form of cash, certified check, cashier's check, money order or similar instrument.

4. Utility service shall be terminated by the finance and administrative services department without notice to the customer for the following reasons:

a. For a condition determined by the director to be unreasonably hazardous;

b. For customer use of his equipment in such a manner as to adversely affect the utilities equipment or the utility's service to others, as determined by the director;

c. When the director has discovered clear and convincing evidence that by fraudulent means a customer has obtained unauthorized water service or has diverted the water service for unauthorized use or has obtained water service without the same having been properly registered upon the city's water meters.

5. Utility services in the name of a person other than the actual customer of the utility services may be terminated at the account holder’s request upon five working days notice from the city. (Ord. 2006-0415; 2004-0795; 2002-0692; 98/U-6342; 92/T-10706; 89/T-7186; 85/T-3758; S-40615, 1980)