(a) Written notice of proposed disconnection of service, for any reason, other than voluntary disconnection where the customer asking for disconnection is also the only consumer at the address, must be sent by the Village at least 14 days, and no more than 30 days, prior to the date for proposed disconnection. Notices may be mailed with first class postage prepaid to reasonably assure delivery within that time. The date of the notice shall be the date of mailing, and a dated copy of any notice sent shall be retained by the Village. The notice shall include:
(1) Identifying information, including the service address to be affected, the account number, the customer’s name and address, and the identity and address of the Provider;
(2) The date proposed for disconnection if the account is not paid, or hearing requested, or a separate account established.
(b) Notices shall clearly and conspicuously advise any recipient of his/her due process rights. The notice shall be given in a termination letter which will set forth the procedure for requesting a hearing. If a hearing is requested, the disconnection will not take place until the hearing process is completed.
The notice in the termination letter shall include the following:
(1) The reason for disconnection or termination of service;
(2) The front of the envelope shall be stamped or printed in ink:
FINAL NOTICE
Failure to Pay Will
Result in Shut-off
(3) The letter shall also include the following statements: You may avoid termination by taking one or more of the following actions prior to the scheduled termination date:
A. If you personally owe utility service charges which are past due, you should pay the bill in full or make arrangements to pay which are satisfactory to the Village of Ashville.
B. If you dispute the reason for the proposed termination, in whole or part, you may request a hearing to contest termination. If a hearing is requested before the scheduled date for termination, termination will not take place until the hearing process is complete. If you request a hearing, you have the right to examine records concerning this service address; to bring a representative to help you at the hearing; and to bring witnesses to testify on your behalf; or
C. If you are a residential user of utility service at the address to be terminated, and if the customer responsible for paying the utility bill does not live at your address, you may avoid termination by paying a $75.00 deposit and agreeing to contract for your own utility usage in the future.
If you wish to avoid termination, or to request a hearing, or wish a more complete explanation of your hearing rights or your rights to assume responsibility for future utility charges, you should immediately contact the Ashville Village Administrator at the address and telephone number listed on this card between the hours of 8:00 a.m. and 5:00 p.m., Monday, through Friday.
FINAL NOTICE
IF YOU HAVE ANY QUESTIONS OR DISPUTES ABOUT THIS BILL, CALL THE VILLAGE OF ASHVILLE.
In the event any service address that would be affected by disconnection is a consumer household, notice of disconnection of service, in this form and manner, must be delivered to each service address so affected, in addition to delivery to the customer household.
(Ord. 94-1. Passed 2-7-94.)