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A. Water shall not be shut off under Subd. 1 above until notice and an opportunity for a hearing shall have first been given to the owner and/or occupant (the "customer") of the premises involved. The notice shall be personally served in the same manner as summonses in civil actions and shall state that if payment, proof of payment or proof of no violation of Subd. 1 above have not been made before a date specified in the notice, but not less than thirty (30) days after the date on which the notice has been given, the water supply to the premises shall be shut off. B. The notice shall clearly inform the customer of the available opportunities to present to the City his or her objections to the bill or the violation claimed in the notice and shall identify the telephone number, address and officer or employee of the City who will receive the customer's payment and/or review the customer's facts and files and has authority to decide whether payment has in fact been made or a violation has not occurred, to correct any errors in billing and to arrange for credit terms. The notice shall also state that the customer may, before the date, demand in writing (which shall contain the customer's return address) a hearing on the matter. C. If the property is unsecured and/or vacant, then Subd. 2 A and B above shall not apply and the City may shut off the water to protect the safety of the premise or property. A good faith effort will be made by the City to notify the owner prior to the water being shut off. Subd. 3 Restriction on Shut-off. If, by the date specified in the notice, the City has received the customer's demand for a hearing, then the City shall not shut off the customer's water supply until after the hearing has been held, and the panel required by this subsection has determined that the water supply should be discontinued. If the customer has paid to the City his or her delinquencies, plus the cost of serving the aforesaid notice upon him or her, or has furnished the City with proof of the payment satisfactory to the officer specified in the notice, or has cured any nonmonetary violations to the satisfaction of the officer by the date specified in the notice, then the City shall not shut off the customer's water supply. Subd. 4 Hearing. A. If the customer demands a hearing in writing, the demand must be received by the City before the date specified in the notice provided in Subd. 2 and must specify the customer's return address or post office address for purposes of the notice of hearing. The City Administrator shall bring it to the City Council. The notice of hearing shall specify the date, time and place of the hearing and the purpose thereof. It shall be sent by certified or registered mail, return receipt requested. The date it is deposited in the U.S. mail system is the date that it shall be deemed to have been given. B. If, as a result of the hearing, the City Council finds that the amount claimed to be owed is actually due or that the customer has committed one (1) of the nonmonetary violations described in Subd. 1 above, and that there is no legal reason why the water supply of the delinquent customer may not be shut off in accordance with this section, then the City shall be authorized to shut off the supply. Where the violation is a nonmonetary one, the panel shall specify the cure for the violation, if any, and give the customer a reasonable opportunity to effect the cure before authorizing the City to disconnect the water supply. Subd. 5 Cold Weather Rule. Where a customer's water service is essential to his or her primary heating service, water shall not be shut off between October 15 of any year and the following April 15 except in accordance with the Minnesota Cold Weather Rule found in M.S. § 216B.097, as amended from time to time. Subd. 6 Restoration of Service. When water service to any premises has been discontinued, service shall not be restored except upon payment of all delinquent amounts due, or correction of the nonmonetary violation of Subd. 1 hereof to the satisfaction of the City Administrator, plus the costs for serving the notices required herein above and plus a fee for disconnection and reconnection in the amounts as are from time to time established by resolution of the Council. 1000.05 Deficiency and Temporary Shut-off Water. The City shall not be liable for any deficiency or failure in the supply of water to consumers, whether occasioned by shutting the water off for the purpose of making repairs or connections, or from any other cause whatever. In case of fire, or alarm of fire, or in making repairs or construction of new works, water may be shut off at any time and kept shut off as long as necessary. 1000.06 Supply from One Service. No more than one housing unit or building shall be supplied from one service connection except by special permission of the City Administrator. Whenever two (2) or more housing units or buildings are supplied from one pipe connecting to a distribution main each building or part of building shall have a separate stop box and a separate meter. Dr a f t 11 / 2 0 / 2 0 1 7