338A Water Fees Amended
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SECOND AMENDED ORDINANCE NO. 338
AN ORDINANCE AMENDING TITLE 5. CHAPTER 1. WATER SYSTEM BY PROVIDING FOR A MONETARY
DEPOSIT UNDER CERTAIN CIRCUMSTANCES; CHANGING THE FEES FOR TURNING THE WATER OFF
AND ON; AND PROVIDING AN EFFECTIVE DATE.
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 Clerk shall furnish to each property
owner. landlord. or his agent on the first of each month a statement I
of the amount due for water for the preceding month or up 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 delinquent. 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
consume~ the right to water shall cease and terminate unless the water consumer
requests a pre-termination 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 ten dollar turn-on charge as a condition of receiving water
service again. and in the event the water meter must be removed. an additional
$25.00 fee must be paid 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 abatements 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 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 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 Heridian shall not initially deny or discontinue I
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 water charges shall be a lien against the property as ~_
provided below. Prtivided 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 Meridian is not required to provide
water service pending 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 fue 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 or 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 Tax 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 a~ this Section shall be paid over to
the City Treasurer in the same manner as is required for the payment of other City
I
monies.
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Section 2. WHEREAS, there is an emergency therefor, 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 1st day of October, 1979
ATTEST:
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Ci Cl erk
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Water System
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