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338A Water Fees Amended 168 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. 169 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: ~~~~a>~~ Ci Cl erk cc: Sterling Codifiers AIC Water System Minutes Water Commissioner t'-