A. Violation Of Provisions: The premises of a consumer who violates a provision of this chapter may be disconnected from the public water supply system as provided in this section.
B. Procedures For Immediate Disconnection:
1. Prevention Of Health Hazard: Any consumer is subject to having the consumer's premises immediately disconnected from the public water supply system whenever immediate disconnection is required to halt or prevent any pollutant or contaminant from flowing from the premises into the public water supply system which reasonably appears to the superintendent of water and sewers to present a severe health hazard.
2. Authority; Notice To Consumer: The superintendent of water and sewers shall have the authority, after informal notice to the consumer, to immediately and effectively halt or prevent any discharge of pollutants or contaminants to the public water supply system that reasonably appears to present a severe health hazard. When the superintendent determines that such an emergency situation exists, he/she shall issue a verbal order (followed immediately by a written order) to the consumer, stating the problem and requiring immediate cessation of the discharge. The superintendent's actions may include the disconnection of water service. The superintendent shall obtain the concurrence of the village attorney before initiating the action. Methods of informal notice shall include, but not be limited to, any of the following: personal conversation between the consumer and village employees, telephone calls, letters, hand delivered messages or notices posted at the user's premises or point of discharge.
3. Right To Request Hearing: Any consumer which is disconnected pursuant to this section shall have the right to request a hearing before the village president, at which time the consumer shall be given the opportunity to show cause as to why it should not be disconnected from the public water supply system. Such hearings shall commence within seven (7) days after a written request for the hearing is received by the village president. Such hearing shall be conducted in accordance with the procedures contained in this section.
C. Procedures For Disconnection In Nonemergency Situations:
1. The superintendent of water and sewers may order any consumer who causes or allows any condition to occur which violates the provisions of this chapter to show cause before the village president why the premises where the condition occurred should not be disconnected from the public water supply system. A notice shall be served on the consumer specifying the time and place of a hearing regarding the violation, the reasons why the action is to be taken, the proposed action and directing the consumer to show cause why the premises should not be disconnected. The notice of the hearing shall be served personally or by registered or certified mail, return receipt requested, at least ten (10) days before the hearing. Service may be made on any agent or officer of a corporation.
2. The village president may conduct the hearing and take the evidence or may designate the village attorney to:
a. Issue notices of hearings requesting the attendance and testimony of witnesses and the production of evidence relevant to any matter involved in such hearing;
b. Take the evidence;
c. Transmit a report of the evidence and hearing, including transcripts and other evidence, together with recommendations to the village president for action thereon.
3. After the village president has reviewed the evidence, he/she may issue an order to the consumer directing either: that the premises be disconnected from the public water supply system; or that following a specified time, the premises shall be disconnected and water service discontinued, unless the condition causing the violation is corrected.
4. Following an order to disconnect, the superintendent of water and sewers shall cause whatever action is needed to be taken in order to disconnect the consumer's premises from the public water supply system.
D. Restoration Of Water Service: If water service to premises is disconnected pursuant to this chapter, water service shall not be restored to the premises until such time as the condition which caused the violation is corrected and a reconnection fee as specified from time to time in section 1-10-7 of this code is paid to the village. (Ord. 2008-O-05, 2-5-2008)