(A) Before the town cuts off a customer’s or adjunct customer’s water or sewer service, the town will send the customer or adjunct customer a notice explaining the basis for the action, the date service will be terminated and the customer’s or adjunct customer’s appeal rights. The notice to a customer may be included in the monthly bill for water or sewer service. If an applicant for service as a customer or adjunct customer is denied service, the applicant may request a hearing in righting within five days and these procedures shall apply. An adjunct customer shall have no appeal rights under this section to challenge a threatened disconnection of a customer’s service, even if the adjunct customer’s services will also be terminated as a result of the action.
(B) Within five days of the date of mailing of a disconnection notice or within ten days of the date of mailing of the bill containing the stated disconnection information, if the information is included with the normal monthly bill, the customer or adjunct customer may request in writing a hearing to either dispute the circumstances for which disconnection is threatened or, if the customer believes the bill is in error, the customer can request a hearing to dispute the amount of the bill.
(C) If the customer or adjunct customer files a timely request for a hearing, prior to disconnecting service, the town will conduct a hearing on the request, presided over by a town employee or other disinterested person, as designated by the Town Manager, who was not involved in the original decision to discontinue service.
(D) The hearing will be conducted within three business days of the town’s receipt of the request and may be held by telephone or at the request of the customer and option of the town, in person. The hearing may not be delayed in the case of non-payment of a bill or a dispute as to the amount of a bill unless the customer pays the town a deposit equal to the amount of the disputed bill.
(E) At the hearing, the customer or adjunct customer will be given an opportunity to present the facts and other matters which the customer or adjunct customer maintains should prevent the disconnection of service. The customer or adjunct customer may be represented by an attorney, shall have the opportunity to examine any documents relied upon by the town in disconnecting service and shall be given the opportunity to cross-examine any witnesses who testify against the customer or adjunct customer. Within 24 hours following the hearing, the town employee or other disinterested person conducting the hearing will issue a decision affirming the action by the town, reversing the action by the town or modifying the action by the town by allowing any past due amount to be paid in monthly payments totally no more than four. The decision may be communicated to the customer or adjunct customer verbally or in writing, but, if verbally, will be followed within five days by a written communication setting out the decision.
(F) The decision by the town employee or other disinterested person conducting the hearing shall constitute the final decision by the town.
(1) If the decision upholds the town’s determination that facts exist which justify the discontinuation of service, unless the customer or adjunct customer makes immediate payment of all amounts for service incurred through the date of the decision, service may be disconnected as soon as the decision is made and an attempt to communicate the decision to the customer or adjunct customer is made by contacting the customer or adjunct customer at the telephone number or e-mail address provided by the customer for that purpose at the hearing.
(2) If the employee or other disinterested person conducting the hearing concludes that the discontinuation of service is justified, but circumstances beyond the control of the customer or adjunct customer exist which make unfair a demand for immediate full payment of all amounts for service incurred through the date of the decision and that the customer should be entitled to pay the delinquent or disputed amount in monthly payments totaling no more than four, should any monthly payment be themselves delinquent, discontinuation of service may occur without further process.
(3) If the employee or other disinterested person conducting the hearing determines that the town’s action or charges were in error, the customer’s account shall be adjusted appropriately.
(G) Pursuit of the aforesaid appeal shall not prevent a customer from seeking an adjustment in a bill by the Town Manager or Town Council in amounts authorized by this chapter, but the requests shall not stay a discontinuation of services unless they are requested prior to the hearing provided in this section.
(H) The procedures provided by this section are available to an adjunct customer only with regard to a discontinuation of service or denial of application which is specific to the adjunct customer and not to actions relating to the customer whose meter through which the adjunct customer receives service, even if the result of a discontinuation of service to the customer or denial of an application for service by a customer affects the ability of the adjunct customer to receive service.
(Ord. passed 6-21-2011; Ord. passed 7-17-2012)