(A) If charges for sewer and/or water services are not paid in full within 45 calendar days from the date of billing and/or if the utility customer is in violation of any village ordinance, regulation or law, the utility customer may be notified in writing of the village's intent to terminate water or sewer service prior to any such termination. In the event charges for water/sewer services are not paid within 45 days after the rendition of the bill for such services, such water/sewer services shall be discontinued as hereinafter provided and shall not be reinstated until such time as all violations are corrected and all outstanding utility bills are paid in full in addition to the payment of the reinstatement fee set forth in Schedule A (§ 52.140).
(B) The pre-termination notice required herein shall contain the following:
(1) The ordinance being violated and how such violation can be corrected, if applicable;
(2) The number of days the account is in arrears;
(3) The balance due, including late charges as of the notice date;
(4) That the utility customer may contact a representative of the village and request an informal hearing to resolve disputes as to the correctness of bills, arrearages and violations of ordinances prior to termination of service;
(5) The name, business address and telephone number of the village representative to contact to schedule such informal hearing;
(6) That unless the customer contacts the appropriate village representative in writing within ten days of receipt of the pre-termination notice requesting an informal hearing, the customer's sewer or water service shall be terminated; and
(7) The date on or after which termination will be effected.
(C) That upon written request of the utility customer, an informal hearing shall be held within ten days after the written request is made to the Village President or his or her designee (sometimes herein collectively referred to as village representative). The purpose of the informal hearing is to allow the utility customer an opportunity to present information regarding the correctness of that customer’s utility bill and matters with respect to other alleged violations.
(D) That if the village representative finds merit to the customer's contentions regarding the correctness of the utility bills and/or alleged violations, no action shall be taken to terminate service and the customer's bill shall be adjusted accordingly by the village representative with such adjusted bill to be paid by the utility customer within seven days of receipt of the determination by the village representative.
(E) That if the village representative finds no merit to the customer's contentions regarding the correctness of the utility bills or violations, the decision shall be reduced to writing and mailed to the utility customer within ten days after the informal hearing together with notice that termination of service will be effected without further notice unless all utility bills are paid in full and violations corrected within seven days after receipt of the determination without further notice.
(F) In the event a hearing is requested by a residential utility customer wherein the customer establishes that he/she or a member of his or her immediate family residing with the customer has a life threatening medical condition certified by a doctor licensed by the state or the customer establishes that he or she is financially unable to pay the utility charge in full or part, the village representative may allow service continuance so long as the utility customer makes satisfactory financial arrangements to pay for past and future utility charges.
(G) That if service is terminated as herein provided no utility service shall be reinstated until such time as all violations are corrected and all outstanding utility bills are paid in full in addition to the payment of a reinstatement fee in the amount set forth in Schedule A.
(H) All utility customers shall timely pay the undisputed portion of the utility bill.
(I) For purposes of this section, any notice herein required shall be given to the utility customer in the account name and address indicated in the village utility customer records. Any notices required by this section may be given either by certified mail, return receipt requested, with sufficient postage prepaid, by personally delivering a copy to the utility customer, by attaching a copy to the front door of the utility customer’s service address, or by United States first class mail. If village utility customer records indicate a billing address different than the service address, then notification shall be made to both addresses. For purposes of this section, notices transmitted through the United States mail shall be deemed received by the utility customer two days after mailing.
(Ord. 642, passed 4-1-91; Am. Ord. 858, passed 8-7-95)
(J) Nothing in this section shall prohibit immediate termination in the event that the Director determines that such immediate termination is in the best interest of the health, safety and welfare of the system users.
(Ord. 858, passed 8-7-95; Am. Ord. 1059-W, passed 8-16-99; Am. Ord. 1752, passed 10-21-13)