<?xml version='1.0' encoding='utf-8'?>
<baltimore-city-law heading="§ 4-3 Cut-off for nonpayment.">
  <section prefix="§" num="4-3" heading="Cut-off for nonpayment.">
    <para num="(a)" heading="In general.">Subject to subsections (b) through (e) of this section, an account balance of $250 or more and 2 billing cycles past due is sufficient reason for sending a cut-off notice for all water service, even though other water charges against the property are not in arrears.</para>
    <para num="(b)" heading="Timing.">
      <para num="(1)">Prior to any cut-off for delinquency of payment, the Director of Public Works shall, at least 45 days prior to the earliest date on which service will be cut-off, provide notice as required by subsection (d) of this section.</para>
      <para num="(2)">Cut-offs may be performed:<para num="(i)">only Monday through Thursday;</para>
        <para num="(ii)">only when no heat or cold advisory issued by the City Health Department is in effect; and</para>
        <para num="(iii)">for residential and multi-unit locations, only from March 1 through October 31.</para>
      </para>
      <para num="(3)">The Department may not cut off water more than 90 calendar days after the cut-off notice, unless it has issued a new cut-off notice in the manner required by subsection (d) of this section.</para>
    </para>
    <para num="(c)" heading="Exception for fire service.">Fire service may not be cut off for nonpayment.</para>
    <para num="(d)" heading="Notice.">Each notice:<para num="(1)">shall be served both by certified mail and by posting on the front entrance to the customer’s premises; and</para>
      <para num="(2)">shall clearly state:<para num="(i)">the earliest date on which service may be cut off;</para>
        <para num="(ii)">the reasons for the cut-off;</para>
        <para num="(iii)">the actions that the customer must take to avoid service cut-off, including the total amount required to be paid and the date by which that payment must be made;</para>
        <para num="(iv)">the address and telephone number of a Department representative that the customer may contact in reference to the account;</para>
        <para num="(v)">the procedures specified in § 2-19 {“Office ... – Request for assistance”} and § 2-21 {“Office ... – Appeals”}  of &lt;cite data-path="|24"&gt;this article&lt;/cite&gt; to request Office assistance and subsequent appeal;</para>
        <para num="(vi)">the exceptions set forth in  subsections (c) and (f) of this section;</para>
        <para num="(vii)">that any payment made by check or draft that is subsequently dishonored does not constitute payment and will entitle the Department to cut off service without further notice;</para>
        <para num="(viii)">a description of the actions that the customer must take to enter into an installment payment agreement, as set forth in &lt;cite data-path="|24|§4-5"&gt;§ 4-5 {“Installment payment agreement”} of this subtitle&lt;/cite&gt;; and</para>
        <para num="(ix)">a description of the Water-for-All Discount Program and the actions that the customer must take to apply.</para>
      </para>
    </para>
    <para num="(e)" heading="Verification.">On the day that service will be cut-off, the Director shall verify that the customer has not taken any action and is not otherwise qualified under subsections (c) and (f) of this section to avoid service cut-off.</para>
    <para num="(f)" heading="No cut-off under certain conditions.">The Department may not cut off service if, prior to the time that cut-off is to take place:<para num="(1)">with respect to any charges giving rise to the cut-off, the customer requests, in good faith, Office assistance under &lt;cite data-path="|24|§2-19"&gt;§ 2-19 {“Office ... – Request for assistance”} of this article&lt;/cite&gt;;</para>
      <para num="(2)">the customer produces a written record of payment in full of all delinquent charges that gave rise to the cut-off notice;</para>
      <para num="(3)">the customer pays the full amount demanded in the cut-off notice;</para>
      <para num="(4)">the customer offers to enter into an installment payment agreement, in accordance with &lt;cite data-path="|24|§4-5"&gt;§ 4-5 {“Installment payment agreement”} of this subtitle&lt;/cite&gt; and, within 3 days, executes the agreement and pays the down payment or initial installment;</para>
      <para num="(5)">the customer has submitted an application for the Water-for-All Discount Program and a determination of eligibility is pending;</para>
      <para num="(6)">the customer indicates that the customer has a significant medical condition, as certified in writing by a licensed medical doctor, nurse practitioner, physician assistant, or the Baltimore City Department of Health, indicating that the absence of water service at the subject residential premises will aggravate the existing significant medical condition;</para>
      <para num="(7)">the customer provides verifiable documentation that the customer is 62 years old or older, under 18 years old, or has an infant human being not more than 6 months old in residence at the premises;</para>
      <para num="(8)">the customer provides verifiable documentation that the customer has central vision acuity of 20/200 or less in the better eye with the use of a correcting lens, has at least one eye with a limitation in the fields of vision such that widest diameter of the visual field subtends an angle no greater than 20 degrees, as certified in writing by a licensed medical doctor, nurse practitioner, physician assistant, or the Baltimore City Department of Health;</para>
      <para num="(9)">the customer provides verifiable documentation that the customer has a physical, mental, or medical impairment resulting from anatomical, physiological, or neurological conditions that prevents the exercise of a normal bodily function or that renders the customer unable to manage his or her own resources or to protect himself or herself from neglect or hazardous situations without the assistance of others, as certified in writing by a licensed medical doctor, nurse practitioner, physician assistant, or the Baltimore City Department of Health;</para>
      <para num="(10)">the property where service is to be cut off is in bankruptcy proceedings; or</para>
      <para num="(11)">the property where service is to be cut off is in tax lien certificate sale.</para>
    </para>
    <annotation type="Prior Codifications">City Code, 1950, art. 39, §26</annotation>
    <annotation type="Prior Codifications">1966, art. 29, §26(f)</annotation>
    <annotation type="Prior Codifications">1976/83, art. 29, §26(f)</annotation>
    <annotation type="History">Ord. 48-499</annotation>
    <annotation type="History">Ord. 49-621</annotation>
    <annotation type="History">Ord. 57-1153</annotation>
    <annotation type="History">Ord. 58-1572</annotation>
    <annotation type="History">Ord. 66-901</annotation>
    <annotation type="History">Ord. 67-1016</annotation>
    <annotation type="History">Ord. 68-059</annotation>
    <annotation type="History">Ord. 69-391</annotation>
    <annotation type="History">Ord. 73-393</annotation>
    <annotation type="History">Ord. 08-042</annotation>
    <annotation type="History">Ord. 20-336</annotation>
  </section>
</baltimore-city-law>
