§ 4-3. Cut-off for nonpayment.

(a) 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.

(b) Timing.

(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.

(2) Cut-offs may be performed:

(i) only Monday through Thursday;

(ii) only when no heat or cold advisory issued by the City Health Department is in effect; and

(iii) for residential and multi-unit locations, only from March 1 through October 31.

(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.

Fire service may not be cut off for nonpayment.

(d) Notice.

Each notice:

(1) shall be served both by certified mail and by posting on the front entrance to the customer's premises; and

(2) shall clearly state:

(i) the earliest date on which service may be cut off;

(ii) the reasons for the cut-off;

(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;

(iv) the address and telephone number of a Department representative that the customer may contact in reference to the account;

(v) the procedures specified in § 2-19 {"Office ... – Request for assistance"} and § 2-21 {"Office ... – Appeals"} of this article to request Office assistance and subsequent appeal;

(vi) the exceptions set forth in subsections (c) and (f) of this section;

(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;

(viii) a description of the actions that the customer must take to enter into an installment payment agreement, as set forth in § 4-5 {"Installment payment agreement"} of this subtitle; and

(ix) a description of the Water-for-All Discount Program and the actions that the customer must take to apply.

(e) 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.

(f) 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:

(1) with respect to any charges giving rise to the cut-off, the customer requests, in good faith, Office assistance under § 2-19 {"Office ... – Request for assistance"} of this article;

(2) the customer produces a written record of payment in full of all delinquent charges that gave rise to the cut-off notice;

(3) the customer pays the full amount demanded in the cut-off notice;

(4) the customer offers to enter into an installment payment agreement, in accordance with § 4-5 {"Installment payment agreement"} of this subtitle and, within 3 days, executes the agreement and pays the down payment or initial installment;

(5) the customer has submitted an application for the Water-for-All Discount Program and a determination of eligibility is pending;

(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;

(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;

(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;

(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;

(10) the property where service is to be cut off is in bankruptcy proceedings; or

(11) the property where service is to be cut off is in tax lien certificate sale.