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HomeMy WebLinkAbout4126 AN ORDINANCE establishing new procedures for ~~% termination of water services and repealing B.M.C. §15.04.184, §15.04.188, and §15.04.410. THE CITY OF BREMERTON DOES ORDAIN: SECTION 1: B.M.C. S15.04.184, §15.04.188, and §15.04.410 are repealed and the following new sections of B.M.C. 15.04 are hereby adopted: 15.04.181 - DEFINITIONS - As used in Sections 15.04.182-.186, the following definitions apply: 1. "Delinquent account" is a utility bill which remains unpaid after the statement due date. 2. "Customer" is any person, partnership, firm, corporation, cooperative organization or governmental agency, who is receiving service from the Utility or has completed an application to the Utility for service. 3. "Written complaint" means a short and plain statement of a claim showing that the customer is entitled to relief. 4. Terms not defined in this section are to be given that meaning usually accepted in the Utility industry. 15.04.182 - TERMINATION OF SERVICE - The Utility Department may terminate water service for any reasonable cause including, but not limited to, the following: 1. When an account becomes delinquent. 2. For use of water for purposes or properties other than that specified in the application. 3. For wilful waste of water through improper or imperfect piping, equipment, or otherwise. 4. When the customer's piping or equipment does not meet the utility's standards, or fails to comply with other applicable codes and regulations. 5. For tampering with the Utility's property. 1 6. Refusal to comply with the provisions of Section 15.04.340 (Access to Premises). 7. For violation of rules or service agreements. 8. For use of equipment which adversely affects the utility's service to its other customers. 9. For the fraudulent obtaining or use of service. 15.04.183 - NOTICE OF PROPOSED TERMINATION - A. Before service may be terminated, the Utility shall give written notice of proposed termination to the party in whose name the billing address is listed and, if such is not the service address, notice shall also be sent to the service address. B. Written notice shall be sent by first class mail and shall contain the following information: (1) Date of the proposed termination no sooner than ten (10) days from notice; (2) Statement of the reasons for proposed termination of service; (3) Statement of what may be done to avoid the shut off of water; (4) Statement that the written notice to the service address, if different than the billing address, is not a bill; (5) Statement that the customer may file a written complaint; and (6) Statement of the right of the account holder to dispute the proposed termination by contacting: i. Customer relations staff of the Utility. 15.04.184 - TERMINATION PROCEDURE - A. The Utility shall go to the service address ten (10) days following the written notification of proposed termination and hang a final notice of termination on the door of the residence. B. This notice shall contain the following information: (1) The reasons for the termination of service; (2) The time when the water will be shut off, which shall be at least 48 hours from the final notice; (3) A statement of what may be done to avoid the shut off of water; (4) A statement that the customer may file a written complaint; and (5) A statement of the right of the account holder to dispute the termination by contacting: i. Customer relations staff of the Utility; C. If, after considering the customer's written complaint the Utility determines that service should be shut off, a written notice shall be sent containing the following information: (1) The decision by the Utility to shut off service because of violations of Section 15.04.182. (2) A rescheduled time when service will be shut off, no sooner than fourteen (14) days following denial, if the the deficiencies under Section 15.04.182 are not corrected; and (3) A statement that the customer aggrieved by the decision of the Utility personnel may file a written appeal with the Bremerton Municipal Court, Kitsap County, Washington, within fourteen (14) days. 15.04.185 - APPEAL TO MUNICIPAL COURT - Bremerton Municipal Court, shall have jurisdiction to receive and rule on appeals from customers aggrieved by the City Utility's decision to shut off water after a written complaint has been denied by the department. The Court shall schedule a hearing on the appeal within thirty (30) days. However, the Court, in its discretion~ may assign the appeal to the Office of the Hearing Examiner. The administrative appeal under this Chapter shall be conducted according to procedures of municipal code 2.84.080-.230, provided the hearing shall be set within thirty 3 (30) days of filing and the filing fee shall be twenty-five dollars ($25.00) whether heard by the Court or Hearing Examiner. 15.04.186 - EMERGENCY TERMINATION - Nothing herein shall require said notice to be given in cases of consent, emergency, or as may be required for repairs at the direction of the director. APPROVED by the City Council on the first reading this ~'-~ day of , 1987. PASSED by the City Council of the City of Bremerton this ~.~ day of ~?< ~,~. , 1987. y ~/ ~ ~'~Y~fNCER HO .R~ Cjn P~esident, City cil APPROVED this ~ ~ day of l[~ z~ Z<A.~ , 1987. LOBE, Mayor ATTEST: KATHLEEN L. McCLUS~Y, ~lerk