(A) If charges for utility services are not paid in full within 45 calendar days from the date of billing or if the utility customer is in violation of any village regulation or applicable ordinance relating to water services, the village utility customer shall be notified of the village's intent to terminate water service prior to any such termination.
(B) The pre-termination notice required herein shall contain the following:
(1) The code provision or ordinance being violated and how such violation can be corrected, if applicable;
(2) The number of days the account is in arrears;
(3) The balance due, including late charges as of the notice date;
(4) That the utility customer may contact a representative of the village and request an informal hearing to resolve disputes as to the correctness of bills, arrears and/or violations of applicable provisions of this code or other ordinances of the village prior to termination of services.
(5) The name, business address and telephone number of the village representative to contact to schedule such informal hearing.
(6) That unless the customer contacts the appropriate village representative in writing within ten days of receipt of the pre-termination notice requesting an informal hearing on the correctness of the utility bill his or her water service will be terminated.
(7) The date on or after which termination will be effected.
(C) An informal hearing shall be held, upon written request of the utility customer, within ten days after written request is made to the Village Administrator or his or her designee, sometimes collectively referred to as “Village Representative.” The purpose of the informal hearing is to allow the utility customer an opportunity to present information regarding the correctness of that customer's utility bill.
(D) If the Village Representative finds merit to the customer's contentions on the utility bill's correctness, no action shall be take to terminate service and the user's bill shall be adjusted accordingly by the Village Representative with such adjusted bill to be paid by the utility customer within seven days of notification of the Village Representative's determination.
(E) In the event a notice of disconnection hearing is requested by a residential utility customer wherein the customer established that he or she or a member of his or her immediate family residing with the customer has a pre-existing life threatening medical condition certified in writing by a medical doctor licensed by the state and/or the customer establishes that he or she is financially unable to pay the utility charge in full or part, the Village Representative may allow service continuance so long as the utility customer makes satisfactory financial arrangements to pay past and future utility charges.
(F) If the Village Representative finds no merit to the customer's contentions on the utility bill's correctness, he or she shall communicate this decision to the utility customer within ten days after the informal hearing. The utility customer shall further be notified that termination of service will be effected if all utility bills are not paid in full or violations corrected within seven days after receipt of such decision without further notice.
(G) If service is terminated as herein provided, no utility service shall be reinstated until such time as all violations are corrected and/or all outstanding utility bills are paid in full in addition to the payment of a $45 reinstatement fee.
(H) All utility customers shall timely pay the undisputed portion of the utility bill.
(I) For the purposes of this section, any notice regarding disconnection of service shall be given to the utility customer in the account name and address indicated in the village utility customer records. Any notices required by this section to the utility customer may be given by certified mail, return receipt requested sufficient postage prepaid or by leaving a copy of the notice personally with the utility customer, or by leaving a copy of the notice at the utility customer's billing address with some person over 13 years of age at such address and mailing a copy of the notice by U.S. mail addressed to the utility customer at the billing address. For the purpose of this section, notice transmitted through United States mail shall be deemed received by the utility customer on the date shown by the post office stamp cancellation mark stamped on the envelope.
(Ord. 1311, passed 7-16-90; Am. Ord. 1330, passed 11-5-90)