(A) The town reserves the right to discontinue furnishing sewer service to a customer upon the occurrence of any one or more of the following events:
(1) Failure of a customer to pay any bill for sewer service within the time allowed by this section;
(2) Whenever the customer has denied an authorized town representative access to the town’s pipes or other apparatus installed on the customer’s premises;
(3) Whenever the town, in its opinion, has reasonable cause to believe that the customer is receiving sewer without paying therefor, or that its pipes or other apparatus have in any manner been tampered with (see § 54.005);
(4) Where sewer is being furnished over a line which is not owned or leased by the town;
(5) Whenever, in the opinion of the town, it is necessary to prevent fraud upon the town; or
(6) Whenever the sewer line is leaking on private property and the owner or renter has not made the necessary repair within 72 hours after date of notification, the water meter shall be cut off. Water service will be reconnected when sewer line is repaired. (Division (B) below does not apply to this division(A)(6).)
(B) When it becomes necessary for the town to discontinue sewer service to a customer for any of the foregoing reasons, service will be reinstated only after all bills for service then due have been paid, and the cost to disconnect and reconnect the service(s) has been paid to reimburse the town for the expenses.
(C) It is the policy of the town to discontinue sewer service to customers by reason of non-payment of bill only after notice and a meaningful opportunity to be heard on disputed bills. The town’s form for application for sewer service and all bills shall contain, in addition to the title, address and telephone number of the town official in charge of utility billing, clearly visible and easily readable provisions to the effect:
(1) That all bills are due and payable upon receipt;
(2) That if any bill is not paid within 15 days after the date the bill is mailed, it shall be deemed as delinquent and a penalty shall be charged on the unpaid bill as determined by the Board of Aldermen. A cut-off date for non-payment will appear on the bill. If the bill is not paid before that cut-off date, service will be discontinued for non-payment, and
(3) That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time the customer may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the town official in charge of utility billing who shall be authorized to order that the customer’s service not be discontinued and have authority to make a final determination of the customer’s complaint. This dispute must be submitted to the town official five days from the cut-off date that appears on the bill.
(D) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified.
(E) The town shall discontinue the treatment of sewer to a customer whenever requested by any public authority having jurisdiction.
(F) The town reserves the right to discontinue the supply of sewer under any of the above conditions irrespective of any claim of a customer pending against the town.
(G) Whenever the sewer service to a customer is discontinued in accordance herewith, the town shall not be liable for any damages, direct or indirect that may result from the discontinuance by reason if violation by the customer of any of the provisions hereof or of any agreement with the town for the purchase of water there shall then become due and payable, in addition to the bills in defaults an amount equal to the monthly minimum charge for the unexpired term of the agreement not as a penalty, but in lieu of the income reasonably to be expected during the unexpired term of the agreement.
(Prior Code, § F-I-1-11) (Ord. passed 9-8-1998; Ord. passed 9-15-1998; Ord. passed 8-14-2001; Ord. passed 6-1-2003; Ord. passed 10-14-2003)