Termination of City water service for nonpayment of wastewater service charges.
Oklahoma City Municipal Code § 55-84
in effect§ 55-84. - Termination of City water service for nonpayment of wastewater service charges.
The City hereby adopts this program to implement Oklahoma Statutes, Title 11, Article XXII, Section 22-112.5.
(a) Should the governing body of a public entity providing sewer or waste water service to real property find the sewer or waste water account for the property to be delinquent as determined by the policies adopted by the public entity regarding nonpayment, then the public entity may request the City terminate water service to the property as follows:
(1) The governing body of the public entity providing sewer or waste water service to property must adopt a resolution stating and affirming:
a. notice and hearing procedures have been enacted to ensure the account holder(s) and the property owner(s) of the property receive notice and an opportunity for hearing prior to the issuance of a request to the City for termination of water service for nonpayment of sewer or waste water service provided by the public entity; and
b. the account holder(s) and the property owner(s) of the property were provided notice by certified mail, return receipt requested and provided an opportunity for a hearing regarding the nonpayment of sewer or waste water service to the property; and
c. the account holder(s) and the property owner(s) of the property had received notice and had an opportunity for a hearing regarding nonpayment of sewer or waste water service charges for the property; and
d. the sewer or waste water account for the property was found by the governing body of the public entity providing sewer or waste water service to the property to be delinquent as determined by the policies adopted by the public entity regarding nonpayment; and
e. directing the notice of the determination of delinquency by the governing body of the public entity providing sewer or waste water service to the property be sent by the public entity to the account holder(s) and property owner(s) of the property via US Postal Service first-class mail; and
f. setting the proposed date for water service termination, which must be at least 30 days after the notice of determination of delinquency by the governing body of the public entity providing sewer or waste water to the property will have been sent via US Postal Service first-class mail to the account holder(s) and the property owner(s) of the property and via US Postal Service first-class mail to the City or such other delivery system mutually agreed by the City and the public entity.
(2) The governing body of the public entity providing sewer or waste water service to the property will attach to and incorporate by reference in the resolution:
a. A link to or a certified copy of the notice and hearing procedures enacted by the governing body of the public entity providing sewer or waste water service to the property by which the account holder(s) and the property owner(s) of the property were provided notice and an opportunity for hearing prior to the issuance by the public entity providing sewer or waste water service to the property of a request to the City for water service termination; and
b. A copy of the record of the County Assessor and a copy of the record of the County Treasurer indicating the name(s) and address(es) of the property owner(s) of the property at the time notice was provided; and
c. A signed and notarized affidavit with a sworn statement by a representative of the public entity providing sewer or waste water service to the property knowledgeable of the relevant and pertinent records and procedures stating and affirming:
1. the name(s) and the sewer or waste water service address(es) and the mailing address(es) of the sewer or waste water service account holder(s) for the property; and
2. notice of delinquency and of an opportunity for hearing was received by the account holder(s) and the property owner(s) of the property, in accordance with the notice and hearing procedures enacted by the governing body of the public entity providing sewer or waste water service to the property, prior to the commencement of the procedures pursuant to which the governing body of public entity providing sewer or waste water service to the property determined delinquency and requested termination of water service; and
3. whether the account holder(s) or the property owner(s) of the property requested a hearing, and, if so, when it was held; and
(3) In addition, with the resolution adopted by the governing body of the public entity providing sewer or waste water service to the property requesting termination of water service by the City in this Subsection (a), and the attachments thereto, the public entity will provide the City a signed and notarized affidavit with a sworn statement by a representative of the public entity knowledgeable of the relevant and pertinent records and procedures stating and affirming:
a. the proposed date for termination of water service by the City; and
b. notice of the proposed date for water service termination at the property was provided via US Postal Service first-class mail to the account holder(s) and the property owner(s) of the property by the governing body of the public entity providing sewer or waste water service to the property, in accordance with the notice and hearing procedures enacted by the governing body of the public entity, at least 30 days prior to the proposed date for termination of water service by the City.
(b) Upon receipt by the City of the resolution adopted by the governing body of the public entity providing sewer or waste water service to the property requesting termination of water service by the City as provided in Subsection (a)(1) and (2), with attachments, and the affidavit as provided in Subsection (a)(3), the City will:
(1) issue a notice of water service termination to its water service account holder by certified mail, return receipt requested; and
(2) provide its water account holder an opportunity for a hearing regarding the termination of water service; and
(3) terminate water service to the property on the proposed date for termination or within 30 days thereafter, unless prior to termination of water service the City receives notice of resolution of the delinquency from the public entity providing sewer or waste water service to the property.
(c) Should the water service account holder(s) request a hearing with the City regarding the termination of water service, the City will provide the requesting water service account holder(s) with an opportunity for a hearing. Should the requesting water service account holder(s) fail to attend the hearing on the termination of water service or should the City determine as a result of a hearing on termination of water service that the public entity providing sewer or waste water service to the property satisfied the statutory requirements, then the City will terminate water service to the property on the proposed date for termination or within 30 days thereafter.
(d) Should the water service account holder(s) request a hearing with the City regarding the termination of water service to the property, then pursuant to the hearing the City may, in its discretion, delay termination of water service to the property for up to 30 days from the proposed date for termination of water service to give the water service account holder(s) an opportunity to request a hearing with the public entity providing sewer or waste water service to the property and to resolve the delinquency with the public entity providing sewer or waste water service to the property.
(e) Subsequent to termination of water service to the property for nonpayment of sewer or waste water service, should the City receive notice of resolution of delinquency from the public entity providing sewer or waste water service to the property, then the City will renew water service to the property no later than the first business day following receipt of notice from the public entity providing sewer or waste water service to the property.
(f) Should the City terminate water service or, after termination of water service, re-start water service, the City shall charge its water service account holder(s) for applicable water service termination and water service re-start as established in Chapter 60, the General Schedule of Fees.
(g) Notices to account holder(s) and property owner(s) sent by US Postal Service first-class mail will be deemed received on the date deposited with the United States Postal Service. Notices sent to account holder(s) and property owner(s) by electronic mail, if provided in procedures adopted by the public entity providing service, will be deemed received on the date an electronic notice of delivery is received by the sender.
(h) Notices to the City or the public entity providing service sent by US Postal Service first-class mail will be deemed received on the date received by the City or public entity, respectively. The City and public entity may mutually establish procedures for electronic notices. Notices sent to the City or the public entity by electronic mail will be deemed received on the date an electronic notice of delivery is received by the sender. The City and public entity will mutually establish addresses for sending and receiving notices under this procedure for termination of water service for nonpayment of sewer or waste water services in this Section.
(i) Account holder(s) are responsible for providing to the public entity address(es) for mailing by United States Postal Service and by electronic mailing, if provided in procedures adopted by the public entity providing service, and is responsible for updating address(es) as same may change, so the public entity may provide the account holder(s) notices about service, billing, and termination of services. Account holder(s) will be responsible for providing to the City address(es) for mailing by United States Postal Service and electronic mailing, if provided in procedures adopted by the City, and is responsible for updating address(es) as same may change, so the public entity may provide notices about service, billing, and termination of services.
(j) Property owner(s) are responsible for providing and updating the records of the County Assessor and the County Treasurer with accurate address(es).
(k) Additionally, account holder(s) accept the responsibility for providing address(es) to the City and updating address(es) with the City as a requirement of the contract for water service.
(l) As used in this Section, "waste water" will include sewer water, sewage, waste water and wastewater as the terms are used elsewhere in this Code.
(Ord. No. 25697, § 1, 8-15-17, eff. 9-14-17)
Source: City of Oklahoma City, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ok/oklahoma_city/codes/code_of_ordinances?nodeId=OKMUCO2020_CH55UT_ARTIICIWASE_DIV4RACHBIGECOPR_S55-84TEWASENOWASECHFetched: 10/28/2026