(A) Connecting service. Unless a request for service has been accepted by the town, pursuant to § 53.03, water will not be turned on at any premises. Only town representatives may turn on water, except that a licensed plumber having permission from the town may turn on water temporarily to test his or her work; but in such event, he or she must turn it off immediately after such test. If the water is turned on (or, in the case of a licensed plumber with permission, left on) without authorization in violation of this chapter, the customer will be required to pay the cost of water service for the premises for such billing cycles in which the water was on without authority from the town. In the case of a licensed plumber leaving the water turned on, a charge shall not be imposed if the customer establishes to the satisfaction of the town that the violation was inadvertent and that no water was used.
(B) Disconnecting service.
(1) Upon customer's request.
(a) The customer shall notify the town at least three working days in advance of the day disconnection is desired. The customer shall remain responsible for all service used and the billings for such service until the town disconnects service pursuant to such notice except as provided in divisions (B)(1)(b) and (c) below.
(b) If the customer fails to notify the town at least three working days in advance of the day disconnection is desired, the town shall disconnect the service within three working days of the requested disconnection date. The customer will not be liable for any service rendered to such premises after the expiration of these three working days except as provided in division (B)(1)(c) below.
(c) If the town is not granted access to read the meter and/or disconnect service, the customer shall remain liable for all service used and billings for such service until the town is granted access to read the meter and/or disconnect service.
(2) Without customer's request.
(a) The town may disconnect service without request by the customer and without prior notice:
1. If a condition dangerous or hazardous to life, physical safety or property exists; or
2. Upon order by any court or a duly authorized public authority; or
3. If fraudulent or unauthorized use of water is detected and the town has reasonable grounds to believe the affected customer is responsible for such use; or
4. If the town's regulating or measuring equipment has been tampered with and the town has reasonable grounds to believe that the affected customer is responsible for such tampering.
(b) Subject to the foregoing, in all other instances and upon providing the customer with reasonable notice except as indicated below, the town may disconnect service for violation of this chapter or as allowed by Indiana statute. Examples include but are not limited to:
1. For any consumption of or connection to water not authorized by the town;
2. For unapproved cross-connection of a customer's service line or a customer's water pipes to any other source of water supply, or for permitting any condition to exist about the premises that cause or might cause pollution of the public water supply;
3. For non-payment of a municipal bill for sewer user fees or garbage or rubbish collection service fees as provided by IC 36-9-23-6 or 36-9-25-11.5 and 12;
4. Where customer has failed to repair any leak in the customer service line or customer's water pipes, or in any private fire protection system or other unmetered facilities;
5. For any tampering or knowingly permitting any tampering or interference with any town property, equipment or appliances without permission of the town;
6. For failure to pay in accordance with this chapter or Rate Schedules utility service bills or other charges or fees in connection with utility service;
7. For failure to provide free and non-hazardous access to the premises and town property so that a representative of the town may take meter readings, make all necessary inspections, and maintain, replace, or remove the meter or other town property;
8. For failure to maintain approved meter settings, including pits and vaults, or protect the meter from damage that affects access or functionality;
9. For installing a new customer service line and/or appurtenances without permission from the town;
10. For failure to comply with the terms of an agreement with the town;
11. For violation of any of the town's rules;
12. For failure to comply with authorized town imposed water usage restrictions;
13. When town must repair its mains or other property;
14. When for any reason there is a lack of water in the distribution system.
In cases provided for in divisions (B)(2)(b)1, 2, 5, 13 and 14 above, the town may discontinue service without notice. In all other cases provided above, the town will give written notice of at least seven days, either mailed to such customer at his or her address as shown in the town's records or personally delivered to him or her or a member of his or her household. Notice mailed by first class postage shall be considered delivered on the third business day after posting. The notice will advise the customer of the reason for the discontinuance of service and state that service will be discontinued if the reason continues uncorrected.
(3) Prohibited disconnection.
(a) Except as otherwise provided in this chapter, the town shall postpone the disconnection of service to a residential customer for ten days if, prior to the disconnect date specified in the disconnect notice, the customer provides the town with a medical statement from a licensed physician or public health official which states that disconnection would be a serious and immediate threat to the health or safety of a designated person in the premises of the customer. The postponement of disconnection shall be continued for one additional ten- day period upon the provision of an additional such medical statement.
(b) The town may not disconnect service to a customer:
1. For failure to pay for a different form or class of utility service, except sewer user fees and refuse collection fees;
2. For non-payment of a bill if the customer shows cause for the customer's inability to pay the full amount due (financial hardship shall constitute cause) and the customer:
a. Pays a reasonable portion of the bill (not less than one-third of the bill, unless the customer agrees to a greater portion); and
b. Agrees to pay the remainder of the outstanding bill within three months; and
c. Agrees to pay all undisputed future bills for service as they become due; and
d. Has not breached any similar agreement with the town made pursuant to this division within the past 12 months.
(c) The town may add to any outstanding bill covered by this division:
1. The applicable late fee as provided in § 53.05(B);
2. For non-payment of a bill if the customer is unable to pay a bill, which is unusually large due to a prior incorrect reading of the meter, incorrect application of the Rate Schedules, incorrect connection or functioning of the meter, prior estimates where no actual reading was taken for over two months, stopped or slow meter, or any human or mechanical error of the town or town property, and the customer:
a. Pays a reasonable portion of the bill, not to exceed an amount equal to the customer's average bill for the 12 months of bills immediately preceding the bill in question; and
b. Agrees to pay the remainder of the bill within three months; and
c. Agrees to pay all undisputed future bills for service as they become due.
(4) Continuation of service pending disposition of complaint.
(a) If a customer receiving service has paid and continues to pay all undisputed charges, the town shall not disconnect any service related to the disputed charges while the town's proposed resolution is under review by the town.
(b) If a customer and the town cannot agree what portion of the charges in a bill are undisputed, to avoid disconnection, the customer should pay on the disputed bill an amount equal to one- twelfth of the estimated annual billing for service to be rendered to the customer. For a customer who has been a customer for at least 12 months, the estimate will be based on the customer's average bill for the 12 months immediately preceding the disputed bill.
(5) Disconnect times.
(a) The town will not disconnect service unless it is done between the hours of 8:00 a.m. and 3:00 p.m., prevailing local time. Disconnections pursuant to divisions (B)(1) and (B)(2)(a) are not subject to this limitation.
(b) The town will not disconnect service for non-payment on any day on which the town's local office is closed to the public, or after 12:00 noon of the day immediately preceding any day on which the town's office is not open to the public.
(C) Reconnection of water service after disconnection.
(1) When it has been necessary to disconnect water service to any premises pursuant to divisions (B)(2)(a) and (b)(1 through 12), a recormection charge will be made to cover the expense of turning the water service off and back on, said reconnection charge to be the sum of $50.
(2) The town will reconnect the service to the customer as soon as reasonably possible but at least within one working day after it is requested to do so; provided, however, that the town shall not be required to reconnect the service until:
(a) The conditions, circumstances or practices which caused the disconnection have been corrected; and
(b) Payment of all delinquent charges and fees owed the town by the customer and legally collectible and any deposit authorized by ordinance or by this chapter; and
(c) A responsible person is present in the premises to see that all water outlets are closed to prevent damage from escaping water.
(3) Water service which has been disconnected for any reason may be reconnected only by the town. If water service is reconnected by someone other than the town, the customer will be assessed a fee for disconnection and reconnection as described in this chapter and the Town Code.
(Ord. 2012-9, passed 11-5-12)