13.05.280 Service discontinued.
Application may be canceled and/or water service discontinued by the municipality for violation of any rule, regulation or condition of service, and especially for any of the following reasons:
(1) Misrepresentation. Misrepresentation in the application as to the property or fixtures to be supplied or the use to be made of water;
(2) Failure to Report Use. Failure to report to the municipality additional use of water or the addition of fixtures to the water supplies;
(3) Sale of Water. Resale or giving away of water;
(4) Misuse. Waste or misuse of water due to improper or imperfect service pipes and/or fixtures, or failure to keep same in a suitable state of repair;
(5) Tampering. Tampering with meter, meter seal, service or valves, or permitting such tampering by others;
(6) Cross-Connection. Connection, cross-connection or permitting same, or any separate water supply to premises which receive water from the municipality;
(7) Delinquency, Nonpayment of Bills and Violation of Service Conditions. Water service to delinquent customers and those violating service conditions shall be discontinued in accordance with the following:
(a) Notice. The clerk shall notify each delinquent consumer and consumers violating subsections (1) through (6) of this section that water service will be discontinued and, if the customer is delinquent in payment, that service will be discontinued if payment, including late payment charges, is not received within 30 days of the billing date. Said notice shall also provide that the consumer shall have five days from mailing of a notice to the consumer to request in writing a hearing on discontinuance of water service, which hearing shall be an administrative hearing before the city clerk. Such notice of discontinuance of service shall be sent by first class mail 10 days prior to the date of discontinuance of service. If the consumer is a tenant, notice shall also be given to the landlord.
(b) Hearing Before City Clerk. If the consumer or landlord contests in writing the discontinuance of water service within five days after the clerk mailing notice, the clerk shall schedule an informal hearing before the clerk and make a determination of: (i) whether the consumer’s account is actually delinquent or (ii) make a determination of whether the consumer has violated subsections (1) through (6) of this section and, if the clerk determines that the consumer has either failed to pay the delinquent account or has violated subsections (1) through (6) of this section, the clerk shall notify the consumer and landlord after hearing that the consumer’s service will be terminated at the expiration of the original 30 days after the billing or after the expiration of the period of appeal to the city council or after the decision on the appeal, whichever date is later.
(c) Appeals. Any consumer or landlord who feels that the determination to discontinue service is incorrect may appeal the city clerk’s decision to the city council, who shall hear the consumer’s or landlord’s appeal at the next council meeting and either affirm or reverse the city clerk’s decision. All appeals must be filed in writing within five days of the date that the city clerk renders a decision.
(d) Manner of Hearing. The consumer and landlord shall have an opportunity for a full hearing before the city clerk and, if a timely appeal is filed, before the city council, and shall be entitled to an adequate notice of time and place of hearing and an opportunity to participate fully in the hearing.
(e) Water Shutoff. If the consumer or landlord is not successful in the hearing or appeal process, the superintendent shall shut off the supply of water to the consumer at the expiration of the notice period. If the shutoff was ordered because the consumer was delinquent in their water bill and full payment is made within the period of time before the expiration of the shutoff date, service will not be discontinued.
(f) Service Fees. If payment in full is tendered to the city employee at the time of the shutoff trip, there shall be added a service fee of $25.00 to meet the costs of the trip and the city employee shall give the customer a receipt for said payment. If payment in full is not made at the time of the shutoff trip, then a turn-off fee of $45.00 and before service is restored, a turn-on fee of $45.00 will be charged, which must be paid before service is restored to the delinquent customer. If the customer requests to have the water turned on other than 8:00 a.m. to 3:30 p.m., Monday through Friday, or on a holiday, the turn-on fee shall be increased to $95.00, which must be paid before service is restored for the delinquent customer. No turn-on fee or service fee shall be charged for the usual or customary trips in the regular changes in occupancy of property.
(g) Lien for Nonpayment. Water bills remaining unpaid and delinquent for a period of 60 days or more shall constitute a lien upon the premises served and shall be certified by the city clerk to the county auditor for collection in the same manner as property taxes along with an administrative fee of $5.00.
(h) Rental Property. Landlords renting residential real property whose tenants are separately metered and billed for water may select, in writing, either of the following options. If neither option is selected, or if the landlord or tenant fails to adhere to the requirements of the option selected, then the city may impose a lien on the property for any delinquent water bill pursuant to the procedure set forth in this subsection.
(i) If the landlord gives written notice to the city that the tenant is responsible for water fees, provides a deposit equal to one month’s water fees (in an amount determined or estimated by the city clerk) and requests, in writing, to be notified if the tenant is delinquent in his or her water fees, then delinquent water fees on such rental property shall not become a lien upon the premises until the water deposit has first been exhausted. No interest will be paid on any deposit.
(ii) If the landlord gives written notice to the city that the tenant is responsible for water fees and requests, in writing, to be notified if the tenant is delinquent in his or her water fees, and the tenant provides a deposit of $75.00 for water, sewer and garbage fees, then delinquent water fees on such rental property shall not become a lien upon the property until the deposit has first been exhausted by delinquent water, sewer or garbage fees, or a combination thereof. No interest will be paid on any deposit. If the tenant does not provide a deposit within two days of the notice by the landlord that this option has been selected, then the city may shut off the water and charge a $45.00 disconnect fee and, when the water is turned on again, a separate $45.00 reconnect fee. Any unused deposit will be refunded to the tenant, when the tenant moves out, gives written and signed notice to the city that the tenant has informed the landlord that the tenant has moved out of the property and the final utility bill has been paid. The city may, but is not required to, inform the landlord that the tenant’s deposit has been returned. Either at the time of initial selection of this option, or later, the landlord may request that the city disconnect the water when the tenant’s deposit is returned. If this is done, then the person next requesting service at this location will be required first to pay a $45.00 disconnect fee and a $45.00 reconnect fee. If the landlord does not request that the water be disconnected when the deposit is returned, then the landlord will be responsible for all water charges. If the customer requests to have the water turned on other than 8:00 a.m. to 3:30 p.m., Monday through Friday, or on a holiday, the turn-on fee shall be increased to $95.00, which must be paid before service is restored for the delinquent customer.
(i) Civil Action. The city may elect to file an action in the District Court of Iowa in and for Ida County (Magistrate Division) to collect delinquent fees charged in this section. [Ord. 584 §§ 1, 2, 4, 5, 2020; Ord. 568 § 1, 2019; Ord. 491 § 2, 2004; Ord. 467 § 1, 1998; Code 1975 § 6-1.0305.]