Sewer and water utility service to a user of the combined system shall be disconnected for cause in accordance with the following procedures if all charges on a monthly sewer and water bill, including, but not limited to, water and sewer charges, charges for waste collection and disposal services, charges for waste nuisance abatement set forth in section 3-4-11 of this code, and any applicable penalties are not paid within the time periods set forth in section 5-4-4 of this title and section 3-4-11 of this code, respectively, or if the user has violated this title or any of the rules and regulations established by the superintendent pursuant to section 5-1-6 of this chapter. (Ord. SWO-2001-2, 9-18-2001)
A. Pretermination Notice: Written notice of the town’s intention to discontinue utility service to the user’s premises shall be served upon the user of the premises, and any interested persons who have requested notice as provided herein, not less than five (5) working days prior to any disconnection of sewer and water service to the premises.
1. Notice To User: For purposes of this section, service of written notice shall be deemed adequate as to any person having an ownership, leasehold or occupancy interest in premises connected to the sewer and water system if served as provided herein upon the person identified on the township’s account records as the current user responsible for paying the charges for sewer and water service to the premises.
2. Notice To Other Interested Persons: Any person having an ownership, leasehold or occupancy interest in premises served by the combined system, but who is not the user identified on the township’s current account records, will be served with notice as provided in this subsection A if such person or persons have filed a written request with the Township for service of any pre- termination notices affecting identified premises in which they have such an interest. Such requests shall be on a form to be provided by the Township and shall state the name, address and telephone number of the interested person and the nature of the person’s interest in the premises. It is the responsibility of any such person to notify the Township of any change in this information and to provide any further information reasonably required by the Superintendent.
B. Service Of Pre-Termination Notice: The notice provided for in subsection A above may be served in one or more of the following ways:
1. Personal Service: Notice may be served by personal delivery to the user, by personal delivery to an occupant of the user’s premises who is not less than thirteen (13) years of age, or by personal delivery to an employee or agent in the case of a business, firm, corporation or other entity.
2. Mailed Notice: Notice may be served by certified mail, return receipt requested, addressed to the user at the address currently listed in the Township’s account records for the premises.
3. Posted Notice: Notice may be served by posting in a conspicuous location on the premises to be disconnected from utility service.
4. Interested Persons: Notice may be served upon an interested person who has requested service of pre-termination notices as provided in subsection B2 hereof in the same manner as authorized for service on a user.
C. Contents Of Notice: Pre-termination notices shall contain the following information:
1. The name of the person (the user) responsible for paying the cost of water and sewer service to the premises as shown on the current account records of the Township.
2. The street address of the premises to be disconnected from sewer and water service. In the absence of a street address, the notice shall contain a description reasonably identifying the premises to be disconnected.
3. The date of the notice.
4. If applicable, the amount to be paid on the delinquent sewer and water account to bring it current.
5. If applicable, the Township Code section or regulation which has been violated.
6. The date when sewer and water service is to be disconnected if the delinquent balance due on the account is not first paid, or the violation is not first corrected.
7. The procedures available for disputing the delinquency or violation, including the name, title, address and phone number of the person to contact for an informal resolution of the matter. A user or interested party who is not satisfied with the authorized representative’s decision pursuant to subsection D. below, may request an informal hearing to dispute the delinquent balance or violation stated in the disconnection notice pursuant to subsection E. below.
D. Informal Resolution: A user or interested party having a complaint, question or other problem concerning a disconnection notice may schedule a personal meeting with an authorized representative of the combined system to seek an informal resolution of the problem stated in the disconnection notice. The authorized representative may do one or more of the following to resolve the matter:
1. Investigation: Conduct an investigation, including, but not limited to, a meter check of the subject premises, a check of billings for possible errors in computation of the disputed bill, or a check of the premises for leaks or illegal connections.
2. Credit Plans: In cases of financial hardship, establish terms and conditions for an agreed written credit plan in accordance with rules and regulations established by the Superintendent.
3. Account Adjustments: If the amount charged to an account is in error, adjust the user’s bill accordingly, subject to approval of the Superintendent and the requirements of subsection 5-4-3L of this Title.
4. Agreements To Remedy Violations: In cases of a violation of this Title or of the Superintendent’s rules and regulations hereunder, establish terms and conditions for an agreed compliance schedule, subject to approval by the Superintendent.
5. Disconnect For Delinquent Accounts: If there is no merit as to a dispute concerning the amount charged to an account, sustain the decision to disconnect sewer and water utility service to the premises and establish a date when service will be disconnected which shall be not less than five (5) working days after the decision has been sustained.
6. Disconnect For Violations: If there is no merit as to a dispute concerning a violation of this Title or of the rules and regulations promulgated hereunder, sustain the decision to disconnect sewer and water service to the premises, and establish a date when service will be disconnected which shall be not less than five (5) working days after the decision has been sustained.
E. Disconnection Hearing: A user or interested party who is not satisfied with the authorized representative’s decision pursuant to subsection D above, or who elects to bypass that procedure, may request an informal hearing to dispute the delinquent balance or violation stated in the disconnection notice. All requests for a hearing shall be submitted in writing on forms supplied by the Township for that purpose. If requested, the Superintendent, or the authorized hearing officer, shall conduct an informal hearing to determine whether cause exists to disconnect or reconnect sewer and water service to the user’s premises as provided below:
1. Notice Of Informal Hearing: The user or other interested person shall be notified of the date, time and place where the disconnection hearing will be held.
2. Continuances: A disconnection hearing may be rescheduled for good cause shown; however, not more than one continuance shall be allowed absent extraordinary circumstances.
3. Opportunity To Be Heard: Both the user and the combined system shall have the right to be represented by counsel, to present evidence in their behalf and to examine evidence presented by the other party concerning the violation and/or delinquent charges described in the disconnection notice. The strict rules of evidence shall not apply to such hearings.
4. Decision: The Superintendent or the authorized hearing officer shall decide, based on the preponderance of the evidence presented at the hearing, whether sewer and water service to the premises should be disconnected for failure to pay charges due for sewer and water service to the premises, or for a violation, or failure to abate a violation, of this Title. The Superintendent or the authorized hearing officer may also approve a credit plan or compliance schedule to resolve the dispute.
F. Delaying Disconnection: Disconnection of sewer and water utility service shall be stayed pending completion of the procedures provided in subsections 5-1-11D and E hereof, but only if such procedures have been commenced in a timely manner.
G. Notice Of Decision:
1. Any user or interested party who has requested the initiation of the procedures provided in subsections 5-1-11D and/or E hereof, and who participated in such proceedings personally or by a representative, shall be given written notice of the resulting decision by first class U.S. mail, postage prepaid.
2. Unless continued connection of the premises may reasonably cause an actual or imminent threat to public health, safety or welfare, sewer and water service shall not be disconnected less than five (5) working days after mailing of the notice of decision.
H. Reinstatement Of Service: Once disconnected, sewer and water utility service shall only be reinstated under the following circumstances:
1. Payment of the outstanding account balance, including applicable penalties and interest.
2. Remediation of any violations of this Title or of the Superintendent’s rules and regulations hereunder.
3. A written agreement, satisfactory to the Superintendent, to pay the outstanding account balance or to remedy a violation.
4. An order from a court of competent jurisdiction requiring service to be reinstated.
5. Failure of the combined system to give a required pre-termination notice as provided herein.
6. Other good cause, as determined in the sole discretion of the Superintendent.
I. Responsibility Of Owners: In all cases, the owner of premises served by the combined system shall be liable for all charges for each sewer and water service account to the premises. In those cases where the owner is not also the user, the owner shall be jointly and severally liable for all charges for each sewer and water service account to the premises.
J. Interference With Disconnections: It shall be a violation of this title for any person to interfere with, hinder or otherwise prevent the superintendent, employees or agents from discontinuing sewer and water service to any property in the township. Any person violating this provision shall be fined not less than seventy five dollars ($75.00) nor more than five hundred dollars ($500.00) for each offense.
K. Emergency Disconnections: If, in accordance with subsection 5-1-9B of this chapter, the superintendent causes sewer and water utility service to be discontinued to any premises, the superintendent shall cause written notice of the disconnection to be served upon the user and any interested persons as soon thereafter as practicable. Such notice shall contain the following information:
1. The name of the person responsible for paying the cost of sewer and water service to the premises as shown on current account records of the township.
2. The street address of the premises at which the violation occurred and which has been disconnected from sewer and water service. In the absence of a street address, the notice shall contain a description reasonably identifying the premises.
3. The violation or conditions that resulted in sewer and water service being disconnected.
4. The date, time and place of where the superintendent or the authorized hearing officer shall conduct a hearing to determine whether sewer and water service to the premises should be reinstated or remain discontinued. (Ord. TO-94-3, 3-8-1994; amd. Ord. SWO-2022-1, 2-8-2022; Ord. TO-2022-13, 9-13-2022)