(A) Voluntary discontinuance of service.
(1) In order to assure discontinuance of service at time requested by the customer, notice to the town in advance of the proposed time of discontinuance shall be required during the work week.
(2) When a customer desires to discontinue services, he or she shall give notice to the town at least 24 hours (working hours) in advance, and the customer will be responsible for all service consumed within the 24 hours following the time of his or her notice to the town.
(B) Involuntary discontinuance of service.
(1) The town reserves the right to discontinue furnishing water service to a customer upon the occurrence of any one or more of the following events:
(a) Failure of a customer to pay any bill for water service within the time allowed by this section;
(b) Failure for a customer to make a deposit to guarantee payment of charges for water service or to increase his or her deposit, if disconnected, or transferred when required by this subchapter;
(c) Whenever the customer has denied an authorized town representative access to the town’s meter, pipes or other apparatus installed on the customers premises;
(d) Whenever the town, in its opinion, has reasonable cause to believe that the customer is receiving water without paying therefor, or that its meter, pipes or other apparatus have in any manner been tampered with. Also see § 53.006;
(e) Where water is being furnished over a line which is not owned or leased by the town; and/or
(f) Whenever, in the opinion of the town, it is necessary to prevent fraud upon the town.
(2) When it becomes necessary for the town to discontinue water 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, any deposit required has been made, and a reconnection fee of $30, if meter has been turned off by meter reader, or a reconnection fee of $50, if the meter has to be pulled, has been paid to reimburse the town for expenses involved in disconnecting and reconnecting the water service.
(3) If a customer is receiving service at more than one location, service at any or all locations may be discontinued if bills for service at any one or more locations are not paid within the time specified by this section; provided, however, that residential water service shall not be discontinued for non- payment of bills for other classes of service.
(4) It is the policy of the town to discontinue water service to customers by reason of non-payment of bill only after notice and a meaningful opportunity to be heard on disputed bills.
(a) The town’s form for application for water 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.
(b) 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.
(5) The town shall discontinue the supply of water to a customer whenever requested by any public authority having jurisdiction.
(6) The town reserves the right to discontinue the supply of water under any of the above conditions irrespective of any claim of a customer pending against the town, or any amounts of money on deposit with the town as required by § 53.003.
(7) Whenever the water 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 of 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 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, § E-III-8) (Ord. passed 9-8-1998; Ord. passed 9-15-1998; Ord. passed 8-14-2001; Ord. passed 6-1-2003)