(A) The borough shall be responsible for sending each utility consumer a monthly billing statement for all utility services utilized by the said consumer.
(B) The said monthly utility bill shall list a due date by which the utility bill must be paid, said due date being not less than 15 days after the date of mailing of said bill to the consumer.
(C) If the consumer does not pay the utility bill by the due date listed on said billing, the utility bill shall automatically be increased by 5% of the total amount of said monthly billing and the utility bill shall be considered delinquent.
(D) As to any utility bill considered delinquent herein, the borough shall notify said consumer that if said bill and penalty are not paid within ten days of the date of the mailing of notice of delinquency, the consumer’s utilities shall be subject to termination by the borough.
(E) If the consumer does not pay the said bill and penalty within the ten-day period provided above, a representative of the borough shall attempt to make personal contact with the consumer at the consumer’s residence and inform the consumer that the utilities will be terminated five days thereafter unless said bill and penalty are paid within that time-frame or unless the consumer, within the said five-day timeframe, contacts the Borough Manager and requests a hearing with the Utilities Committee of the Borough Council.
(F) If the consumer is not present at the time the representative of the borough attempts to personally contact the said individual, the said representative shall leave a notice on the door of the said consumer as to the pending action of the borough and the rights of the consumer as set forth in this subchapter.
(G) If the consumer does not pay his or her bill and penalty within the aforesaid five-day time-frame nor contacts the Borough Manager to request a hearing with the Utilities Committee shall have the right to terminate the consumer’s utility service.
(H) If a consumer requests a hearing with the Utilities Committee of the Borough Council, it shall be conducted as follows.
(1) Within five days of a representative of the borough personally contacting or posting notice of the pending termination of utilities, the consumer must, in writing, request a hearing of the Utilities Committee of the Borough Council through the office of the Borough Manager.
(2) A hearing date before the Utilities Committee of the borough shall be promptly held; and the consumer shall be informed of the hearing date personally or by certified mail at least three days prior thereto.
(3) The consumer may challenge said utility bill upon any of the following grounds:
(a) The utility bill has been paid by the consumer;
(b) The utility bill is inaccurate;
(c) The termination of utility service is especially dangerous to the health of the consumer or a member of his or her immediate family residing therein and that the consumer is financially unable to pay for such service in accord with the requirements of the utilities billing or that he or she is able to pay for such service but only in installments;
(d) As to any claim to a particular illness or disease by a consumer, a certified statement of the consumer’s physician must be presented specifying the diagnosis and prognosis of the illness or disease and how the termination of utility service would affect the same; and
(e) The borough does not have good cause to terminate utility services.
(4) The Utilities Committee of the borough shall have the final decision as to the termination of service and/or the method of payment by the consumer for the same.
(I) If the borough attempts to terminate the utility services of any individual known to the borough to be beyond the age of 65 years or physically or mentally handicapped, in addition to attempting to make personal contact with said individual and/or leaving notice of termination proceedings at his or her place of residence, the borough shall also contact in writing the County Area Agency on Aging and inform the said agency of the contemplated termination proceedings as well as all rights of the consumer as set forth in this subchapter.
(J) If any portion or provision of this subchapter is held to be unconstitutional or illegal, the remaining provisions and conditions of this subchapter shall remain in effect and only that portion of the subchapter ruled unconstitutional or illegal shall be affected thereby.
(K) If any federal or state law mandates further procedures to be complied with prior to termination of utility service, the borough shall comply with those requirements.
(1980 Code, Ch. 20, Part 3, § 65) (Ord. 1162, passed 6-18-1984) Penalty, see § 53.999