Water Disconnect Ordinance

Nesika Beach – Ophir Water District 

Ordinance No. 2014-02

An Ordinance authorizing the Board of Directors for the establishment by resolution of a Procedure for Disconnect for Non-payment or Other Violation

WHEREAS, in order to carry out its authorized function of a domestic water supply district, it is necessary for the protection of the health, safety, and general welfare of the District and the users of the district's water supply system that the District adopt Ordinance 2014-XX as follows:

1.215 Procedure for Disconnect for Non-payment or Other Violation: Appeal Procedure.

          (1)         Water bills are sent out on the last day of each month. The amount on the bill is due and payable by the 25ft of the following month. In every case where a water account is not paid by the twenty-fifth (25d’) day of the month after the bill is presented, the bill is considered delinquent and a $2.00 penalty is assessed to the account. If payment plus the penalty are still not received by the 25ft of the month following penalty assessment, the bill is considered overdue and the following steps may be taken. The District shall send written notice to the last known address of the water users and to the premises as reflected by District water records, informing the user that water service will be disconnected ten (10) days after the date of said notice unless the unpaid balances is immediately corrected. Said notice shall indicate the amount of all unpaid balances, including penalty fees, and shall indicate that if any person disputes the amount owing, they can appeal to the District Manager in the manner provided in subsection (5) of this section.

          (2)          In the case of any other violation, the District Manager shall send written notice to the last known address of the water users and to the premises as reflected by the District water records ttrat water service will be disconnected ten (10) days after receipt of said notice, unless the violation is corrected prior to that date. Said notice shall indicate specifically the violation causing the disconnection and shall indicate that if any affected person disputes the violation stated in the notice, they can appeal to the District Manager and the Board in the manner provided in subsection (5) of this section. Should the violation not be abated within the said ten (10) days after receipt of the notice, the District Manager shall immediately terminate the water service and remove the water meter from the subject property unless an appeal has been filed pursuant to subsection (5) ofthis section.

          (3)          Where there is a delinquency for nonpayment and notice has been sent as described above, and the District Manager determines in his opinion that the water meter has been tampered with after termination of service, the District may remove said water meter and shall-make a written report to the Board, regarding the reasons for his opinion that the water meter has been tampered with and the cause for its removal. The Board may, under appropriate circumstances of public safety, public welfare or hardship of cases, direct the District Manager not to remove the meter under the above described circumstances.

          (4)          Where the violation is failure to pay delinquent water fees and penalties, water service may be reinstated upon payment of those fees. For any other violation, water service shall not be reinstated until such time that all violations have been cured, and a new application has been made and all fees required for initial application have been paid.

          (5)          A customer, occupant or owner of the premises who questions or disputes the correctness of a notice of intent to disconnect service may file with the District Manager a request for a hearing within ten (10) days of the date of the notice. If a hearing has been timely requested, the District Manager shall hold an informal conference to attempt to resolve the matter. In the case of a notice of intent to disconnect service for non-payment, the decision of the District Manager shall be delivered at the conclusion of the informal conference and shall be final. In other cases, if no informal resolution is achieved, the Board shall hold a hearing and consider relevant evidence presented by the appellant and the District. The Board shall determine whether the reasons prompting the notice of intent to disconnect are correct. Notice of the decision of the Board shall be mailed by first class mail to the customer at the billing address and to the occupant of the premises and to any other address specified by the appellant. In the event of an appeal to the Board, service shall not be terminated until three (3) days after mailing of the notice of the decision. A notice of intent to disconnect service shall include information about the appeal process contained in this subsection.

1.220 Procedure for Reconnection. Whenever anyone shall apply for a reconnection or a tum on of water service where an application for initial water service is not required by the terms of this Code, the applicant shall pay all delinquent bills and a reconnection fee as established by resolution of the Board. ln the event that the amount then on deposit for such water service shall be less than the required amount, then the applicant shall also pay a sum sufficient to raise said deposit to the required amount. The reconnection fee shall be paid even though no physical disconnection has been made. A separate fee shall be paid for each reconnection.

First Reading: November 12th, 2014
Second Reading: December 10th, 2014
Passage Date: December 10th, 2014
Effective Date: December 10th, 2014

Adopted by the Board of Directors this 1Oth day of December, 2014.

ATTEST:

___________________ ___________________

Don Kendall
Board Chairperson Witness