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(A) Termination of Service With Notice. The city may disconnect service to any consumer with notice for any reason stated below provided the city has met the notice requirements of subsections (C) and (D) of this section:

(1) Violation of any of the city’s policies and procedures;

(2) Failure to pay any amounts owed to the city;

(3) Failure to meet or maintain the city’s credit and deposit requirements;

(4) Failure to provide the city reasonable access to its equipment and property;

(5) Misrepresentation in any application for service, service agreement or mainline extension agreement;

(6) Any material breach of a service agreement or mainline extension agreement;

(7) When necessary for the city to comply with an order of any court or governmental agency having jurisdiction.

(B) Termination of Service Without Notice. The city may disconnect service to any consumer without advance written notice under the following conditions:

(1) In the event that any loss or damage to the property of the city or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the consumer, his agents or employees;

(2) To prevent fraud or abuse;

(3) The consumer’s willful disregard of or refusal to comply with this chapter or other rules as may be adopted by the council;

(4) The existence of an obvious hazard to the safety or health of the consumer or the general population;

(5) Emergency repairs;

(6) Insufficient supply caused by factors outside the control of the city.

(C) Termination Notice Requirements.

(1) The city shall not terminate service to any consumer without providing advance written notice to the consumer of the city’s intent to terminate service, except for those conditions specified in subsection (B) of this section.

(2) Such advance written notice shall contain, at a minimum, the following information:

(a) The name of the consumer whose service is to be terminated and the address where service is being rendered;

(b) The reason for termination;

(c) The date on or after which service may be terminated; and

(d) A statement advising the consumer that the city’s stated reason for the termination of service may be disputed by contacting the city, advising the administrative services director of the dispute and making arrangements to discuss the cause of termination with the administrative services director in advance of the scheduled date of termination. The city shall retain the option to terminate service after affording this opportunity for a meeting and concluding that the reason for termination is valid.

(D) Timing of Termination With Notice.

(1) The city shall give at least ten (10) working days’ advance written notice prior to the termination date.

(2) The notice shall be considered to be given to the consumer when a copy is left with the consumer or posted first class in the United States mail, addressed to the consumer at the billing and notice address for the consumer as provided in the agreement for service between the consumer and the city.

(3) If after the period of time allowed by the notice has elapsed and the delinquent account has not been paid nor arrangements made with the city for the payment thereof, or in the case of a violation of the city’s policies and procedures the consumer has not satisfied the administrative services director that such violation has ceased, the city may then terminate service on or after the date specified in the notice without giving further notice.

(E) Hearings.

(1) If requested by the consumer, the city shall schedule a hearing on any disputed matter relevant to the termination of service or fines. Once a request for hearing is made by the consumer, the city shall not terminate service until the matter is resolved, unless the city determines that the continuance of water service would endanger the public health or safety, or would interfere with the lawful, safe, or effective operation of the water system.

(2) Nothing herein shall relieve the consumer of paying any fees for water services or other fines, rates, fees or charges while the matter is pending resolution.

(F) Landlords/Tenants. The city shall not be responsible for any dispute, including the termination of service hereunder, between landlords/tenants or owners/renters regarding unpaid fines, rates, fees or charges. (Ord. No. 2008-10, § 7, 8-19-08. 1976 Code § 14-4-2)