13.10.170 Transfer to water utility fund.
(a) Water consumer deposits received from consumers as security for the payment of water services which remain uncollected for a period of three years or more after the discontinuance of service to the consumer may be transferred to the water utility fund of the Water Division in the following manner:
(1) Notice shall be published once each week for two consecutive weeks in the official City newspaper, which notice shall state the name in which the deposit was made, the last address at which service was rendered to such person, and the amount of the deposit remaining after the payment of all bills or charges for service rendered.
(2) The notice shall further state that unless a person claiming an interest in such deposit shall appear and file claim therefor within 60 days after the last publication, the deposit will be transferred to the water utility fund.
(b) Unless the person entitled thereto shall, within the time stated in the notice, make claim therefor, the deposit shall be transferred to the water utility fund and no action for the recovery of any such deposit may be brought unless commenced within five years after the deposit has been transferred.
(c) If there shall be an overpayment of an account and the service has been discontinued and the consumer cannot be located, and no claim is made for refund of overpayment within three years or more after the discontinuance of service to the consumer, such overpayments shall be treated in the same manner as unclaimed water consumer deposits as set forth in subsection (a) of this section. (Code 1981 § 44-55. Code 1995 § 146-49.)