Chapter 12.36


12.36.010    Terminations.

12.36.020    Hearing.

12.36.030    New application for service.

12.36.010 Terminations.

Notwithstanding any other ordinance, the city shall have the power and authority, regardless of the status of the payment record of the property served or proposed for service, to either withhold delivery of water and sewer utility service or to terminate any and all existing water and/or sewer utility service to the property involved. The city shall have the power and authority to terminate or deny water and sewer utility service to any property under the following circumstances:

(a)    If the property has a residential, industrial, or commercial structure being constructed or remodeled and the construction has not been completed as required by the city, or in a timely manner;

(b)    If the property has a residential, industrial or commercial structure being constructed under a building permit issued by the city and no certificate of occupancy has been issued by the city and the structure is being occupied or used;

(c)    If the property has been determined to be unfit for occupancy under the International Fire Code (IFC), or if the property has been subject to an order of correction under the IFC and that order has not been carried out in a timely and reasonable manner;

(d)    The property has a structure located thereon in violation of the platting or subdivision ordinances of the city. Violations include:

(1)    The building of a structure on unplatted land without a waiver from the city council or failing to comply with conditions of permission to build on unplatted land;

(2)    The failure to complete a plat or binding site plan application following preliminary approval;

(3)    The violation of conditions of a plat or binding site plan including maintaining the performance of a warranty bond.

(e)    The property has located upon it a business or occupation being conducted in violation of the occupancy certificate or business licensing rules of the city, including a failure to pay a current license fee. (Ord. 1400 § 10, 2014: Ord. 1174 § 1 (part), 2004).

12.36.020 Hearing.

Any person notified of any of the violations of Section 12.36.010 shall have the opportunity to request a hearing to be held before the city administrator, or in the absence of the city administrator, his/her designee, prior to the termination of utility services to the property alleged to be in violation. Such hearing shall be held within two business days of the request for a hearing. The purpose of such hearing shall be to determine if there is reason to believe the allegations of the city are true. If the city meets its burden at this hearing through the evidence available, then the water and/or sewer utility service to such property shall be terminated. All presumptions at this hearing shall be made in favor of the city. (Ord. 1174 § 1 (part), 2004).

12.36.030 New application for service.

All water and/or sewer utility services terminated by the city pursuant to this section shall require the property owner or the owner’s agent to make new application to the city for service. The service shall be restored upon the person requesting service, paying all costs of reconnecting service, if the service had to be physically disconnected to enforce the city’s termination order as well as complying with all new service requirements, excluding the general facility charge. (Ord. 1174 § 1 (part), 2004).