338 Water Fees
AMENDED ORDINANCE NO. 338
AN ORDINANCE AMENDING TITLE 5, CHAPTER 1, WATER SYSTEM BY PROVIDING FOR A
MONETARY DEPOSIT UNDER CERTAIN CIRCUSTANCES: CHANGING THE FEES FOR TURNING
THE WATER OFF AND Ol~; AND PROVIDING Ar~ EFFECTIVE DATE.
125
WHEREAS, The City Council and the Mayor of the City of Meridian, Idaho
have concluded that it is in the best interest of said City to amend Title
5, Chapter 1, Water System, of the Revised and Compiled Ordinances of the
City of Meridian,
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Section 5-133 is hereby amended to read as follows:
5-133 REGARDING DELINQUENCY: The City Cl erk shall furni sh to each
property owner, landlord, or his agent on the first of each month
a statement of the amount due for water for the preceding month o~ ~p-to -the
time that the meter has been read; and if any person neglects to pay his _
water rent by the tenth day of the month, or shall fail or refuse to pay the _
water rates charged against him the water user's account shall be del inqu~ent~:-""-
Water consumers should be notified by regular mail of this delinquency and :
if the bill is not paid in full within ten days after service of this
notification on the water consumer the right to water shall cease and
terminate unless the water consumer requests a pre-termintaion hearing. ,
Should the water consumer not request a pre;;;termination hearing or if an"
adverse decision is rendered against the water consumer as a result of the
pre-termination hearing, the City of Meridian may require the water
consumer to pay the delinquent water bill attributable to his own use,
plus a five dollar turn-on charge as a condition of receiving water service
-- again. Any water user not using water after the first of the month, or in
case a meter is used after the meter has been read, must report the same to
the City Clerk and have the water shut off, and if he fails to do so, the
full amount for said month must be paid. No allowance will be made for non-
use for less than one month. All corrections as to charge and all abate-
ments shall be made under the direction of the Mayor and Council and shall
be certified by the City Clerk, and all water rents must be paid by the owner
of the property upon which the same is used and not by the tenants thereof.
The City of Meridian, in its delinquency notice to all water consumers shall
inform in writing all water consumers of their right to a pre-termination
hearing, with such 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 opportun ityto confront witnesses, to personally appear with reta i fled
counsel to be judged on facts adduced at the hearing and to otherwise be
heard and defend the claim made by the City of Meridian, if a pre-termination
hearing is requested by any water consumer. The City Council shall have the
responsibility of holding pre-termination hearings. The City Council shall
make a record of any pre-termination hearing. The City Council shall render
its decision in writing, giving the reasons for its determination. In decisions
adverse to the water consumer, the City Council will inform-the water consumer
of the right to appeal the decision pursuant to the Idaho State Administrative
Procedures Act.
Provided, however, the.City of Meridian shall not initially deny or discontinue
water service to any water consumer because of any delinquent water service
to any water consumer because of any delinquent water bill on that premises
that is attributable to the prior water use of another water consumer. However,
any and all unpaid-\'1ater charges shall be a lien against the property as pro-
vided below. Provided further that the City of Meridian shall not initially
deny water service to any water user for whatever reason without informing
the water consumer of the right to a hearing before the City Council on the
issue of whether the City of Meridian can initially deny water services.
In the case of an initial denial of water service, the City of f1eridian is
not required to provide water service penuing,:a hearing. However, a hearing
upon request of a water consumer initially denied water service shall be
held as expeditiously as possible and held in the manner and accordance with
the procedures for pre-termination hearings delineated above.-
All Delinquent charges or fees, as provided by this Ordinance not paid
after the final determination of the delinquent account shall be imposed as
a lien against and upon the property of premises against which such charge
or fee is levied or assessed; and the Clerk shall, at the time of certifying
the City taxes, certify such delinquencies together with all penalties to the
lax Collector of Ada County, and when so certified, the same shall be a lien
upon the property. All monies collected by the Clerk under the provisions
of this Section shall be paid over to the City Trea~crr~r in the same manner
as is required for the payment of other City monies.
126
AMENDED ORDINANCE NO. 338
Section 2. Whereas, there is an emergency therfor, which emergency
is hereby declared to exist, this Ordinance shall take effect and be in
force and effect from and after its passage, approval and publication
as required by law.
Passed by the City Council and approved by the Mayor of the City of
Meridian, Ada County, Idaho, this 7th day of May, 1979.
APPROVED:
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ATTEST:
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