§ 47-70 — Termination of service for failure to pay

Sec. 47-70. - Termination of service for failure to pay.

(a) If any customer fails to pay charges for water service furnished by the city when due, the department shall notify such customer about the delinquent bill, the amount the customer owes, and the right of the customer to an administrative review or hearing as provided by section 47-70.1 of this Code. The department shall give notice to single family residential customers concerning the availability of the W.A.T.E.R. Fund established pursuant to chapter 36 of this Code for assistance in paying water and sewer charges. Provided, an application for assistance from the W.A.T.E.R. Fund shall not delay or otherwise affect the responsibilities of the customer or the city under this chapter. (b) If a customer does not choose to challenge a charge for water service, then, at the end of the ten-day period following notice to the customer, the water shall be immediately turned off and not turned on again, except by authorized representatives of the department. (c) When the water supply to any property or premises of a customer has been disconnected or otherwise terminated by the department for failure of the customer to pay any water charges due and owing to the city, the water service to that customer at the affected property or premises shall not be resumed until and after all delinquent charges have been fully paid and satisfied, or satisfactory arrangements have been made with the director to pay such delinquent bills, and the delinquent customer has made any required deposit with the department. Whenever an umbrella account established under section 47-71 of this Code is delinquent, water service to each meter under that account may be terminated by the department in accordance with this subsection. (d) The department shall charge the customer the fee stated for this provision in the city fee schedule as the cost to restore water service after termination for nonpayment or, in case where there is a new tenant at the service address, the failure to make an application. (e) If the department has closed the water meter pursuant to the provisions of this chapter, and the customer, without the department's authorization, restores water service, the department shall charge the customer for water usage plus the reclosing fee stated for this provision in the city fee schedule for each occurrence, plus the following penalties: (1) No penalty for first occurrence; (2) $75.00 for second occurrence; and (3) $230.00 for third and subsequent occurrences. In the event the department requires a penalty, it must provide notice to the customer and allow the customer to contest the penalty at an administrative hearing as provided in section 47-70.1 of this Code. If the meter has been damaged in the attempt to unlawfully restore water services, the department shall charge the customer the actual cost to repair or replace the meter. If it is necessary for the department to place a locking device on the meter to prevent theft of water, the department shall charge the customer not only the cost to repair or replace the meter, but also the cost of the locking device. (f) The foregoing procedures shall also apply to sewer service charges. An informal administrative hearing as to the correctness of a charge for sewer service may be combined with a similar hearing on water charges for the same customer.

(Code 1968, § 49-61; Ord. No. 83-19, § 10, 1-11-83; Ord. No. 84-1919, § 2, 12-18-84; Ord. No. 86-435, § 3, 4-1-86; Ord. No. 89-1493, §§ 1, 2, 10-18-89; Ord. No. 93-314, § 6, 3-24-93; Ord. No. 00-791, § 1, 9-6-00; Ord. No. 03-925, § 4, 10-8-03; Ord. No. 03-1196, § 2, 12-23-03; Ord. No. 04-460, § 3, 5-12-04; Ord. No. 07-599, § 26, 5-16-07; Ord. No. 2011-1168, § 13, 12-14-2011)