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00 <br />UTILITIES <br />of extending service to the main, including tap- <br />ping, filling and permanent repair, shall be at <br />the customer's expense. No utility connection <br />permit shall authorize street openings or excava- <br />tions of the roadway surface, curb or gutter, <br />without a permit issued in accordance with <br />chapter 3.04, article IV. <br />(Code 1984, § 3.05(2); Code 2003, § 14-74) <br />Sec. 2.04.250. Discontinuance of service. <br />(a) Grounds for discontinuance. All municipal <br />utilities may be shut off or discontinued whenever <br />it is found that: <br />(1) The owner or occupant of the premises <br />served, or any person working on any <br />connection with the municipal utility <br />systems, has violated any related require- <br />ment of this Code or any connection with <br />the system; <br />(2) Any charge for a municipal utility service, <br />or any other financial obligation imposed <br />on the present owner or occupant of the <br />premises served, is unpaid after due <br />notice; or <br />(3) There is fraud or misrepresentation by <br />the owner or occupant in connection with <br />any application for service or delivery or <br />charges. <br />(b) Notice and procedure. <br />(1) It is city policy to annually certify <br />delinquent utility accounts to the county <br />for collection with the following year's <br />property tax levy. If it is deemed more <br />appropriate to discontinue utility service <br />by reason of nonpayment of bills, it is the <br />policy of the city to discontinue utility <br />service to customers only after notice <br />and a meaningful opportunity to be heard <br />on disputed bills. The city's form for <br />application for utility service and all bills <br />shall contain, in addition to the title, <br />address, and telephone number of the <br />official in charge of billing, clearly visible <br />and easily readable provisions to the <br />effect: <br />a. That all bills are due and payable <br />on or before the date set forth on the <br />bill; <br />§ 2.04.250 <br />b. That if any bill is not paid by or <br />before that date, a second bill will <br />be mailed containing a cutoff notice <br />that if the bill is not paid within ten <br />days of the mailing of the second <br />bill, service will be discontinued for <br />nonpayment; and <br />C. That any customer disputing the <br />correctness of his or her bill shall <br />have a right to a hearing at which <br />time he or she may be represented <br />in person and by counsel or any <br />other person of his or her choosing <br />and may present orally or in writing <br />his or her complaint and conten- <br />tions to the city official in charge of <br />utility billing. This official shall be <br />authorized to order that the <br />customer's service not be <br />discontinued and shall have the <br />authority to make a final determina- <br />tion of the customer's complaint. <br />(2) Requests for delays or waiver of payment <br />will not be entertained; only questions of <br />proper and correct billing will be <br />considered. In the absence of payment of <br />the bill rendered or resort to the hearing <br />procedure provided herein, service will <br />be discontinued at the time specified, but <br />in no event until the charges have been <br />due and unpaid for at least 30 days. <br />(3) When it becomes necessary for the city to <br />discontinue utility service to a customer <br />for nonpayment of bills, service will be <br />reinstated only after all bills for service <br />then due have been paid, and must be in <br />accordance with section 2.04.280, as that <br />section may be amended from time to <br />time. <br />(c) Cold weather rule. Pursuant to Minn. Stats. <br />§ 216B.097, as it may be amended from time to <br />time, no service of a residential customer shall <br />be disconnected if the disconnection affects the <br />primary heat source for the residential unit <br />when the disconnection would occur during the <br />period between October 1 and April 30, the <br />customer has declared inability to pay on forms <br />provided by the city, the household income of the <br />CD2:7 <br />