(A) In addition to any civil and/or criminal penalty which may be imposed for violations of this chapter, a user shall be liable for all actual costs which may be assessed by the Finance Director on a user of the town’s sanitary sewer system who discharges wastes containing non-permissible quantities of prohibited substances into the sanitary sewer system or contaminates the town’s potable water supply, storage and discharge system. The Finance Director is authorized to assess charges based on the extra costs incurred by the town in surveillance, sampling and testing, for additional operating and maintenance expenses, including overhead charges, and for any other action required to identify, handle, process or supplement normal activities due to the unauthorized discharge of wastes or system contamination.
(B) The Finance Director shall have the authority to discontinue water and/or sewer service to a user for any of the following reasons:
(1) Failure to pay a charge assessed by the Finance Director for unauthorized discharges or water system contamination;
(2) Failure to correct an unauthorized discharge as required by the Public Works Director;
(3) Discharging any unauthorized substances, materials, water or waste as prohibited by this chapter or the Finance Director;
(4) Failure to correct any cross connection, source of contamination or potential source of contamination with the potable water supply; and
(5) For violation of any provision of this chapter.
(C) Before discontinuing water or sewer service as provided herein, the Finance Director shall give written notice to the user of the discontinuance and an opportunity to appear before the Finance Director on any disputed matter relative to the discontinuance of water and/or sewer service, except that if a discharge or source of contamination is a threat to the public health, safety, and welfare, the discontinuance of water and/or sewer service shall be accomplished by physically cutting and blocking the sewer connection and/or removing or locking the water meter in the off position. The actual cost for disconnecting and/or reconnecting the affected utility service shall be paid by the affected user to Utility Department.
(D) Upon notice of the final determination by the Finance Director of an assessment owed, the user shall tender the fee and/or charges within 10 days ordered by the Finance Director.
(E) Any unauthorized discharge or other threat to the public water supply not corrected, or assessment not tendered, is hereby declared to be, and is, a public nuisance which may be abated by order of a court of competent jurisdiction and its continued operation is unlawful. The remedy provided herein shall be in addition to any other remedy authorized by this chapter.
(F) The Finance Director may refer to a collection agency any utility account that is more than 60 days past due which shall be calculated from the original billing date.
(G) The Finance Director may cause any delinquent sewer account past 90 days from the original billing date to be subject to a lien on the property for the full delinquent amount plus any other incurred costs.
(Ord. 04-578, passed 7-22-2004; Am. Ord. 2022-913, passed 2-22-2022)