(A) Upon customer’s request.
(1) The customer shall notify the town at least three days in advance of the day disconnection is desired. The customer shall remain responsible for all service used and the billings therefore until service is disconnected pursuant to such notice.
(2) Upon request by a customer to disconnect service, the town shall endeavor to disconnect the service within three working days of the requested disconnection date. The customer shall be liable for any service rendered to such address or location until such time as the service is actually disconnected.
(3) The town may not disconnect service to the customer:
(a) If the customer shows cause for his or her inability to pay the full amount due (financial hardship shall constitute cause), and said customer:
1. Pays a reasonable portion (not to exceed $10 or one-tenth of the bill, whichever is greater) of the current bill;
2. Agrees to pay the remainder of the outstanding bill within three months;
3. Agrees to pay all undisputed future bills for service as they become due; and
4. Has not breached any similar agreement with the town made pursuant to this rule within the past 12 months.
(b) Provided, however, that the above terms of the agreement shall be put in writing by the town and signed by the customer and by a representative of the town.
(B) Without customer’s request.
(1) The town may disconnect service without request by the customer and without prior notice only:
(a) If a condition dangerous and/or hazardous to life, physical safety or property exists;
(b) Upon order by any court, the Commission or other duly authorized public authority;
(c) If fraudulent or unauthorized use of water is suspected and the town has reasonable ground to believe the affected customer is responsible for such use; or
(d) 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.
(2) In all other instances the town, upon providing the customer three days’ prior written notice, may disconnect service subject to the other provisions of these rules.
(C) Prohibited disconnection.
(1) (a) Except as otherwise provided in divisions (A) and (B) above, the town shall postpone the disconnection of service 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 household 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.
(2) If a customer is unable to pay a bill, which is unusually large due to prior incorrect reading of the meter, incorrect application of the rate schedule, 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 utility, and the customer:
1. Pays a reasonable portion of the bill, not to exceed an amount equal to the customer’s average bill for the 12 bills immediately preceding the bill in question;
2. Agrees to pay the remainder of the bill within three months; and
3. Agrees to pay all undisputed future bills for service as they become due;
(b) Provided, however, that the above terms of agreement shall be put in writing by the town and signed by the customer and a representative of the town.
(3) If a customer proceeds with a review pursuant to Commission Rule 16.1 the town may disconnect only as provided in Commission Rule 16.1.
(D) Notice and procedure for involuntary disconnection. A customer shall have the opportunity to appear before the Water Board prior to the disconnection of the water service. A customer may also contact the Water Board President to make payment arrangements, if the customer is unable to attend the Water Board meeting. The town shall notify the customer of his or her opportunity to bring forth a form request to be heard by the Water Board prior to disconnection of service. The Water Board shall determine at the meeting whether the water service shall be disconnected. If the customer fails to appear at the scheduled Water Board meeting, or fails to contact the Water Board President, then the order for disconnection shall be final. Customers shall not be granted a continuance of their appearance before the Water Board prior to disconnection of water service.
(E) Failure to pay or bad check.
(1) All bills for water service are due and payable on the fifteenth day of each month. If any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill for delinquent fees and current monthly fees due and owing is not paid in full by the business day following the monthly Water Board meeting, service shall be discontinued for nonpayment.
(2) Presentation of a non-sufficient funds (NSF) check or other defective negotiable instrument shall, upon seven days; written notice, result in involuntary termination of service until proper payment is made on the account. The returned check fee of $33 shall be charged to any customer who submits a check for the payment of a water bill that is return or insufficient funds.
(3) The filing of bankruptcy by any water service customer shall, upon three days’ written notice, result in involuntary disconnection in the event that the water service customer does not complete a new application for water service and pay the required deposit within 20 days of filing his or her petition for bankruptcy.
(F) Manner of payment. Water bills may be paid in cash, by check, by money order or by online banking only.
(Ord. 2010-2, passed 6-7-2010; Ord. 2013-18, passed 1-13-2014)