12-6-4: DISCONTINUANCE OF SERVICE BY TOWN:
A. Subject to the provisions of subsection 12-6-3D of this chapter, the provisions of this section shall govern all terminations of water service for nonpayment of water charges.
B. If, by the payment due date shown on a bill for water charges, the town has not received complete payment of the total amount shown on the water bill, the town shall mail to the owner a notice of termination at least three (3) days after the payment due date shown on the water bill.
C. The notice of termination shall contain the following:
1. The name and address of the owner;
2. The address of the owner which the owner has designated as the billing address;
3. The names, addresses, apartment or unit numbers as furnished by the owner;
4. The amount to be paid;
5. The date of the notice of termination;
6. The date of termination, which shall be at least ten (10) calendar days from the date of the notice of termination;
7. Notice that, unless the town receives complete payment of the amount shown prior to the date of termination, water service shall be terminated as provided for in this section;
8. Notice that, in lieu of paying the entire amount shown, a customer, prior to the date of termination, may notify the town that the customer disputes the correctness of all or part of the amount shown, if all or part of the amount shown was not the subject of a previous dispute under section 12-6-3 of this chapter; and
9. Notice that the following information is available at the office of the finance director:
a. The procedure to dispute a bill for water charges or a late charge;
b. The procedure to avoid termination of water service due to nonpayment of water charges;
c. The procedure for tenants to avoid termination of water service due to their landlord's nonpayment of water charges; and
d. The procedure to obtain reinstatement of water services.
D. If, prior to the date of termination:
1. The town has not received complete payment of the amount shown on the notice of termination; or
2. The customer has not notified the town that the customer disputes the correctness of all or part of the amount shown on the notice of termination;
then the town shall terminate water service provided to the customer on the date of termination.
E. The town shall terminate utility service for nonpayment of water charges only during the hours of nine o'clock (9:00) A.M. to three o'clock (3:00) P.M., Monday through Thursday. No terminations shall be permitted on a legal holiday or on the day before a legal holiday.
F. The town shall not terminate water service for nonpayment of amounts less than twenty dollars ($20.00).
G. If the town receives payment of the entire amount shown on the notice of termination prior to the date of termination, such payment shall be considered a timely and complete payment for purposes of this chapter.
H. The provisions of this section shall apply to the discontinuance of water service by the town for nonpayment of sanitary sewer service charges due to the Breckenridge sanitation district when authorized by intergovernmental agreement between the town and the Breckenridge sanitation district. (Ord. 9, Series 2001)
I. Because an individual sewage system or sewage treatment works that does not comply with applicable legal requirements constitutes a nuisance pursuant to state law, the town shall terminate water service to any out of town water service customer when a final, nonappealable order has been issued pursuant to the individual sewage disposal systems act, article 10 of title 25, Colorado Revised Statutes, and the Summit County individual sewage disposal system regulations, directing the out of town water customer to cease and desist from using the customer's individual sewage disposal system. The notice and dispute resolution provisions of this section shall not apply to the discontinuance of water service to an out of town water customer pursuant to this subsection and the town may immediately discontinue such water service when necessary to comply with the cease and desist order; provided, however, that except in the case of a bona fide public health threat requiring immediate discontinuance of the water service, the town shall provide the out of town water service customer with not less than ten (10) days' advance written notice that the water service will be discontinued. (Ord. 14, Series 2008)