(A) If a bill, including penalties, becomes delinquent and is not paid by the bill’s due date, the property served shall be placed on the disconnection list. In addition, the Town Council, or its designated officers, shall terminate service for any user for any of the following reasons:
(1) For any misrepresentation in the service application as to property or fixtures to be supplied, or the use to be made of the water supply;
(2) For willful waste of water through improper or imperfect pipes, fixtures, meters or otherwise;
(3) For failure to keep in good order and to protect the town’s connections, service lines or fixtures;
(4) For damage or molesting any service pipe, meter, curb stop-cock, or any other appliance of the company controlling or regulating the water supply;
(5) For neglecting to make agreed payments, or for the non-payment of any account for water supplied, water service, wastewater service, garbage collection, or any other scheduled fee or charge as required;
(6) Payment by dishonored check will be treated as non-payment and penalties will apply as provided herein if such payment is not paid by the appropriate due date. Further, any person who pays with a check which is dishonored or returned for any reason, shall be assessed an additional amount, being the maximum amount permitted under I.C. 26-1-2.1-502.5, as amended from time to time, currently $20 plus an amount equal to the actual charge by the depository institution for each returned or dishonored instrument. The town shall be entitled to collect such sum; or
(7) In case of vacancy of the premises.
(B) Prior to deciding whether to disconnect water service, the Town Council shall provide to the user notice and an opportunity to present evidence about the account delinquency. Town employees shall mail a disconnection notice to business and institutional customers, owner-occupied residential customers, and for non-owner occupied residential customers, to both the occupant(s) and to the owner, on the sixteenth day of each month, or as soon thereafter as possible. If an owner of a property maintains a single meter for multiple non-owner occupants, notice shall be sent to every unit serviced by the meter in the event of a delinquency and of the disconnection hearing. All non-owner occupants serviced by a delinquent account shall have the right to address the Town Council at the disconnection hearing.
(C) All disconnection notices shall plainly state:
(1) That the user will have an opportunity to present evidence in person to the Town Council at the next regular Town Council meeting at 6:00 p.m. prior to the Town Council determining whether to disconnect the service at the property served by the utility.
(2) If the Town Council votes to approve disconnection of utility services at that meeting, the actual disconnection will take place within 48 hours of the meeting.
(3) The reason for disconnection.
(4) The telephone number of the Town Hall which the user may call during regular business hours in order to question the proposed disconnection or seek information concerning his or her rights.
(D) If disconnection notices are sent in any month, at the first Town Council meeting of the following month, there shall be an agenda item for disconnection hearings. The Town Council shall invite all persons who received disconnection notices to address the Town Council and present evidence concerning the proposed disconnection. At the conclusion of any each hearing, or if no evidence is presented, after determining that no one wishes to address the Town Council and present evidence, the Town Council will decide whether disconnection of utilities should proceed against anyone receiving a disconnection notice.
(E) Within 48 hours of the meeting where the Board votes to disconnect utility service to a property or properties, town employees shall disconnect the utility service of those owners, lessees and users of the property whose disconnection was approved at the Town Council meeting.
(F) When service is disconnected for non-payment, it will not be reconnected until all past due charges and penalties, together with a reconnection fee, are paid.
(Ord. 2013-12-9-3, passed 12-9-2013; Ord. 2019-1210, passed 12-10-2019)