HomeMy WebLinkAboutORD 1584(2)0
BILL NO. 31
ORDINANCE NO. 1584
0
AN ORDINANCE TO AMEND TITLE 3, CHAPTER 3, SECTION 10 OF THE MUNICIPAL
CODE OF THE CITY OF CALDWELL, STATE OF IDAHO, RELATING TO WATER PAYMENTS
BY ADDING AND DELETING CERTAIN LANGUAGE: REPEALING ALL ORDINANCES
INCONSISTENT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED By the Mayor and the Council of the City of
Caldwell:
Section 1. That Section 10, Chapter 3, Title 3 of the Municipal
Code of the City of Caldwell be amended to read as follows:
3 -3 -10: WATER PAYMENTS: All - water - charges - for- domestie -water
€ursished -by -the- Water - Department.- shall- be- dtse -on- billing - date: -- Billing
date- as- tised- herein- shall - mean -the- date -ex- whieh- the - bill -is- mailed -by
the -city: Said- billing- date - shall -be- meted -en -each -bill.
Water - service- shall- be- diseentisned -te- premises- €arty -(46)- days -a €ter
billing- date -if- said - bill -is- met - paid- im- ftill,- previded;- hewever; -that
be€ ere - water- serviees- shall- be- diseemtistted- the - owner - shall - €first -be
given- ten -(l6j- days'- metiee -e €- the - date -en- whieh - said - water - service -will
be- diseemtinued: Said-netiee- may -be- given- by- speei €ie- netiee- of -the-
serviee- diseestinuasee- date -es -a- regularly - issued- water - bill -- With - the
regularly- isstied- water - bill - will- be- ax- emelosed- statement spewing that - the
water - bill -is- past -due- and- sttbjeet -te- service - being diseent }stied: - The
statement -will- provide - €er- the- €ellewimg:
(A)-- I €- ewser- €eels- the - bill- is- im- ees €liet - with - their reeerds; - they
sheuld- disetiss -it -with- the - Water - Department - er - the - Mayer.
(B)- -An- Appeals- Beard -will- meet - is - the Gouneil 6hambers - every
Wednesday -at- 9:69 -A:M:
(C )-- ewmer- may - present -his- ease - with er withetit eeunsel - an - the
Wednesday- prier -to- tarn - aff - date.
(D)- -A- €air- and - impartial- hearing - will - hear - the - ease - and a writtes
deeisien- will -be- submitted -by- the - Board - te - the - owner and - the
Water - Department -at- the- eenelusion - of - the - hearing.
l €- water- serviee- should- be- diseemtinued - €or nonpayment - e € water - bill ,
it- shall- set - there after -be - Bent }shed- tint iI - al l - delinquent -water - eharges
are - paid- im - €ull- together- with -a- five - dollar ($5:99 ) tern es eharge:
ORDINANCE - 1
All water bills shall become due and payable on the first day
following water meter reading and billing periods hereinafter described
for which the City water was used or was available for use. For purposes
of this Section, the entire reading, billing and collection cycle shall be
divided into six (6) approximately equal groups to be spread over a two
(2) month period as follows
The first group of approximately one -sixth (1/6) of the water meters
of the City shall be read during the period of the third through the
thirteenth day of every other month and the statements therefor prepared
and mailed on or before the sixteenth day of that month with water bills
due and payable within twenty (20) days following billing
The second group of approximately one -sixth (1/6) of the water meters
of the City shall be read during the period of the thirteenth day of
every other month through the twenty -third day of every other month and
the statements therefor prepared and mailed on or before the twenty -sixth
of that month with water bills due and payable within twenty (20) days
following billing
The third group of approximately one - sixth (1/6) of the water meters
of the City shall be read during the period of the twenty -third day of
every other month through the third day of the following mo and the
statements therefor prepared and mailed on or before the 6th day of that
month with water bills due and payable within twenty (20) days following
billing.
The fourth group of approximately one -sixth (1/6) of t he water meters
of the City shall be read during the period of the 3rd through the
thirteenth day of every other month and the statements t herefor prepared
and mailed on or before the sixt eenth day of that month with water bills
due and payable within twenty (20) days followi billing.
The fifth group of approximately one -sixth (1/6) of t water meters
of the City shall be read during the period of the thirteenth through
the twenty -third day of every other month and the s t a tements ther efor
prepared and mailed on o r before the twenty -sixth day of that month with
water bills due and payable within twenty (20) day fo llowing billing
ORDINANCE - 2
The sixth group of the remaining approximately one -sixth (1/6) of
the water meters of the City shall be read during the period of the
twenty -third day every other month through the third day of the following
month and the statements therefor prepared and mailed on or before the
sixth day of that month with water bills due and payable within twenty (20)
days following billing
If bills are not paid before the twentieth day following the first
due day, the same become delinquent. Water consumers shall be notified of
this delinquency and if the bill is not paid in full within fifteen (15)
days after service of this notification on the water consumer the right
to water shall cease and terminate unless the water consumer requests a
hearing before termination of water service. Should the water consumer
not request a hearing or if an adverse decision is rendered against the
water consumer as a result of the hearing before termination of water
service, the City of Caldwell may require the water consumer to pay the
delinquent water bill attributable to his own use, plus a $5.00 turn on
charge as a condition of receiving water service again
The City of Caldwell, in its delinquency notice to all water consumers
shall inform in writing all water consumers of their right to a hearing
before their water service is terminated, with such a hearing to be held
with the due process protection described below; and will not discontinue
water service to any water consumer prior to a fair and impartial hearing,
after timely and adequate notice and an opportunity to confront witnesses
to personally appear with retained counsel, to be judged on facts adduced
at the hearing and to otherwise be heard and defend the claim made by the
City of Caldwell, if a hearing before termination of water service is
requested by any water consumer. An Appeals Board, appointed by the Mayor
shall have the responsibility of holding the hearings. The Board shall
make a record of any hearing held before termination of water service._
The Board shall render its decision in writing, giving the reasons for its
determination. In decisions adverse to the water consumer, the Board
will inform the water consumer of the right to appeal the decision
pursuant to the Idaho State Administrative Procedure Act.
ORDINANCE - 3
•
The City of Caldwell reserves the right to require a deposit for the
following reasons
(A) The applicant has outstanding a prior service account with the
City which accrued within the past four (4) years and at the time of
application for service remains unpaid, and not in dispute
(B) Within the past four (4) years the applicant's service from any
utility has been terminated by the utility without request by the
applicant for one of the following reasons: nonpayment of an account
not in dispute; fraud or misrepresentation; failure to reimburse the
company for damages due to negligent or intentional acts of the
customer.
(C) The customer fails to pay his account on or before the date such
payment is delinquent
No person other than authorized City personnel shall turn water on
at any premises. Violation of this provision shall be a misdemeanor.
Section 2„ That all ordinances or parts of ordinances inconsistent
herewith are hereby repealed.
Section 3. This ordinance shall be in full force and effect from
and after its passage, approval and publication according to law.
PASSED BY THE COUNCIL of the City of Caldwell this 18th day of
November , 1980.
APPROVED BY THE MAYOR of the City of Caldwell this 1 8th day of
November , 1980•
ATTEST:
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City Cleft"
ORDINANCE - 4