§ 54.035 DISCONTINUANCE OF SERVICE.
   (A)   Whenever a customer desires to have service disconnected, he or she shall notify the town sufficiently in advance of such desire and of the date on which service is to be disconnected, to provide a reasonable time for the town to obtain the final meter reading. It shall be the responsibility of the customer, property owner, or representative of the property owner to be on site at the property ensuring the complete disconnection of service. Either the customer, property owner, or representative of the property owner shall sign an order to suspend/resume service verifying the completion of the disconnection, which form shall also be signed when and if service is resumed.
   (B)   Whenever a customer desires to have service turned off at the meter for any reason, a written request must be submitted to the Clerk-Treasurer's office. Shut off and/or non-use of water service for any reason will not exempt the customer from minimum base charges during the period of non-use or shutoff. The Water Department shall be given reasonable notice to shut off the water at the meter. Notwithstanding any other section of this code, this service (the shutting off and turning back on) shall only be conducted during business hours. In addition, the customer will be charged the standard rate for turning service off and on.
   (C)   A service charge for disconnecting or reconnecting water service shall be made as per the schedule maintained at the Clerk-Treasurer’s office.
   (D)   Where a customer has entered into a contract with the town to take service from the town for a definite period of time specified or provided for in such contract, customer shall fulfill contract or make such adjustment satisfactory to the town.
   (E)   (1)   The town may discontinue the service of any customer for any of the following reasons:
         (a)   If a condition dangerous or hazardous to life, physical safety, or property exists;
         (b)   Upon order by any court, or other duly authorized public authority;
         (c)   If fraudulent or unauthorized use of water detected and the town has reasonable ground to believe the affected customer is responsible for such use;
         (d)   If the town’s regulating or measuring equipment has been tampered with and the town has reasonable grounds to believe that the affected customer is responsible for such tampering;
         (e)   For any use of water unauthorized by the town;
         (f)   For unapproved cross-connection of a customer’s water pipes to any other source of water supply or for permitting any condition to exist about the premises that causes or might cause pollution of the public water supply;
         (g)   Where customer has failed to repair any leak in the service pipe or appurtenances between the property line and the meter, or in any private fire protection system or other unmetered facilities;
         (h)   For any tampering or knowingly permitting any tampering or interference with any service pipe, service stop, meter seal, or other town equipment or appliances without permission of the town;
         (i)   For failure to pay in accordance with these rules any water bills or other charges in connection with water utility service installations or facilities;
         (j)   For failure to provide free and non-hazardous access to the premises and meter so that representative of the town may take meter readings, make all necessary inspections, and maintain, replace, or remove the meter;
         (k)   For failure to maintain approved meter settings, including pits and vaults or where the meter is not protected from damages;
         (l)   For installing a new service pipe and/or appurtenances without a permit from the town;
         (m)   For failure to comply with the terms of the contract;
         (n)   For violation of any of the town’s rules and regulations;
         (o)   For any lawful reason;
         (p)   When the town must repair its mains or services; or
         (q)   When for any reasons there is a lack of water in the distribution system.
      (2)   Discontinuance of service for any of the above reasons shall not invalidate any contract and the town shall have the right to enforce any contract notwithstanding such discontinuance.
   (F)   In each case, except those arising under divisions (E)(1)(a), (E)(1)(b), (E)(1)(f), (E)(1)(p), or (E)(1)(q) above, the town shall give written notice of at least five days either mailed to such customer at his or her address as shown upon the town’s records or personally delivered to him or her or a person on the premises, advising the customer the reason for the proposed discontinuance of service and stating that service will be discontinued if the condition continues uncorrected. In cases provided for in divisions (E)(1)(a), (E)(1)(b), (E)(1)(f), (E)(1)(p), or (E)(1)(q), the town may discontinue service without notice.
   (G)   Whenever the service is turned off for reasons other than divisions (E)(1)(a), (E)(1)(b), (E)(1)(f), (E)(1)(p), or (E)(1)(q) above, a reconnection charge shall be paid after the condition resulting in the turn-off is remedied and prior to the restoration of service. This charge shall be determined by the town and may, from time to time, be revised to reflect current costs. When condition requiring turn-off is not remedied prior to arrival of the town’s serviceperson at premises, to make the turn-off and customer then makes remedy, a service charge rather than a reconnection charge will be made. Service charge shall be one-half the reconnection charge.
   (H)   The remedies provided to the town in these rules and regulations shall not be exclusive and shall be in addition to any other remedies which the town has at law or in equity.
(1996 Code, § 104.118) (Ord. 502, passed 8-12-1996; Ord. 1997-2, passed 6-9-1997; Ord. 99-5, passed 5-10-1999; Ord. 2010-4, passed - -2010; Ord. 2022-09, passed 7-20-2023) Penalty, see § 54.999