§ 58-56. Termination of service.

(a)

Authority to terminate. The city manager shall have the authority to terminate wastewater service to any user who attempts to violate or violates any provision of this division, or who in any way attempts to avoid, delay, prevent, or interfere with the execution or enforcement of any provision of this division, or who fails to pay any charges levied against him, her, or it, whether regular or extraordinary, under this division, or who attempts to violate or violates or attempts to avoid, delay, prevent, or interfere with the execution or enforcement of any rule or regulation promulgated by the city manager for compliance with or execution of this division, or who fails to appear at a hearing to meet a charge against him, her, or it under this division.

(b)

Hearing procedures:

(1)

In addition to any remedies provided elsewhere in this division, whenever the city manager has reason to believe that any user has commtted or is committing an offense covered by subsection (a), he may serve upon the user a written notice stating the nature of the alleged violation and describing the time for and the nature of required correction.

(2)

If the violation is not corrected as prescribed in the aforesaid notice, the city manager may issue an order to the user to appear for a hearing and show cause why service should not be terminated.

(3)

The aforesaid notice and order to show cause shall be served upon the user by personal service, or in lieu thereof by certified mail, return receipt requested, to the user's last known address.

(4)

The hearing shall be conducted by the city commission or a hearing officer appointed by it, who shall render a written decision determining whether the user's service shall be terminated and stating reasons therefor. Admissibility of evidence at the hearing shall be within the discretion of the commission or officer.

(5)

The user shall be entitled to be represented at the hearing in person or by an attorney at his own expense and shall be entitled to examine witnesses for the city and present evidence on his own behalf. A record shall be made of the proceedings, but such record need not be verbatim.

(6)

The user whose service is terminated without prior hearing may request such a hearing as described in subsections (b)(4) and (5) above, to permit him to show why his service should not have been terminated and should be resumed. Such requests shall be granted, but service will not be resumed unless so ordered by the city manager or hearing officer.

(Ord. No. 95, 10-1-79)