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TITLE 5 PUBLIC UTILITIES AND PROPERTY

CHAPTER 5 SANITATION SERVICE

SECTION 5-5-20 TERMINATION OF SERVICES

In the event any owner or occupant fails to pay the monthly fees as set forth herein, or otherwise fails to comply with the provisions of this chapter, then the City may terminate garbage collections services to the premises receiving collection services or any other property owned by the customer receiving such services. Such termination of services shall conform to the following procedures:
   
  (A)          Whenever a bill becomes delinquent for more than fifty (50) days or upon the customer's failure to comply with this chapter, the City Clerk shall mail a notice of termination to the customer and the customer's service may thereafter be terminated upon compliance with the procedure set forth herein. The notice of termination shall contain the following: 
  (1)   The customer's name and mailing address;
  (2)   The address or addresses where service is being delivered; 
  (3)   The customer's account number under which the default has occurred;
  (4)   A statement that the customer's account is delinquent and the amount of such delinquency as of a specified date, or a statement of the reason for the proposed disconnect; 
  (5)   A statement that the customer is entitled to a hearing regarding the alleged default; 
  (6)   The period of time within which the customer must appear for hearing; and 
  (7)   A statement that if customer does not appear within such time period the amount of the delinquency or the default will be deemed to be correct and that the customer's sanitation services at all points of delivery may be discontinued immediately thereafter if the bill is not sooner paid or unless a written arrangement for payment of the billing satisfactory to the City Clerk is made, or unless the default is immediately corrected.  
   
  (B)           The period of time in which the customer must appear shall not be less than ten (10) days and shall commence two (2) days after the date the notice of termination is mailed. The notice of termination shall be deemed to have been delivered upon its deposit in the United States mail, postage prepaid, addressed to the customer at the customer's address set forth in the customer's application for garbage services, or such other address as may be communicated to the City Clerk in writing. If the customer fails to appear within such time period and the bill has not been paid, or satisfactory arrangements for the payment thereof have not been made, or the customer's default has not been satisfactorily corrected, the City Clerk may immediately issue an order to discontinue service to such customer. If the customer appears at the hearing, the City Clerk shall hear the customer's complaint, review and examine the testimony and evidence presented and forthwith render a decision based upon such testimony and evidence and upon the records of the City. The City Clerk may render a decision at the hearing or may render a decision in writing, and in such case shall mail a copy thereof to the customer. In the event the City Clerk finds the customer to be in default, the City Clerk shall advise the customer that his or her sanitation service will be discontinued at the expiration of three (3) days after notice of the Clerk's decision is given or mailed, unless the customer's default is satisfactorily corrected before such date. Termination of sanitation service may be made of any or all accounts under the name of the customer in default, regardless of whether or not the default relates to the premises or account for which termination is ordered.
   
  (C)          If the City terminates service to the customer, the City is authorized to confiscate the garbage container from the customer. A fee of ten dollars ($10.00) will be charged each time the City confiscates a customer's garbage container for nonpayment. Subsequently, if garbage service is restored, and the same customer's service is terminated again for nonpayment, the fee will increase an additional ten dollars ($10.00), to twenty dollars ($20.00). This fee will increase an additional ten dollars ($10.00) each time the City has to confiscate the same customer's garbage container.