(A) The town shall follow the requirements for disconnection of service, prohibited disconnections, and re-connections as specified in this section and 170 I.A.C. 6-1-16.
(B) For disconnection of service upon the user’s request, the user shall:
(1) Notify the utility at least three days in advance of the day disconnection is desired; and
(2) Remain responsible for all service used and the billings until service is disconnected pursuant to such notice.
(C) Upon request by a customer of a utility to disconnect service, the utility shall disconnect the service within three working days of the requested disconnection date. The customer shall not be liable for a service rendered to the address or location after the expiration of this three-day period.
(D) The Clerk-Treasurer shall give at least seven days written notice of nonpayment before involuntary disconnection. The customer shall pay the delinquent amount or contact the Clerk-Treasurer to make payment arrangements before the date of disconnection on the notice.
(1) Only one payment arrangement per calendar year will be allowed.
(2) The written notice to the customer shall either be by:
(a) Mailing the notice to the residential customer at the address shown on the records of the utility; or
(b) Personal delivery of the notice to the residential customer, or a responsible member of his or her household, at the address shown on the records of the utility.
(3) If payment or arrangements has not been done before date on the notice, the Clerk-Treasurer shall issue the shut-off notice and give notice to the Public Works Department to turn off the water. The Public Works Department employee shall knock on the door, if the user is home, to advise that the water service is being disconnected. If no one is home, the Public Works Department
employee is to disconnect water and leave a red tag on the door. Any variation to this policy shall be cleared with the Clerk-Treasurer.
(E) Disconnections of service by the utility may occur without notice to the user only:
(1) If a condition dangerous or hazardous to life, physical safety, or property exists;
(2) Upon order by any court, the Commission, or other duly authorized public authority;
(3) If fraudulent or unauthorized use of water is detected and the utility has reasonable grounds to believe the affected customer is responsible for the use; or
(4) If the utility’s regulating or measuring equipment has been tampered with and the utility has reasonable grounds to believe that the affected customer is responsible for the tampering.
(F) Due process for disconnections.
(1) Any person who is delinquent on their water or combined water/sewer bill and is subject to disconnection for nonpayment must be notified before the Waterworks Committee, consisting of the Town Council President, Clerk-Treasurer, and Deputy Clerk-Treasurer/Utility Clerk to determine the appropriateness of the disconnection.
(2) If a Waterworks user desires to request a hearing contesting the fairness of disconnection for nonpayment of their water, or combined water/sewer bill, the customer shall request such hearing in writing at the Liberty Town Hall, 1 South Fairground, Liberty IN 47353, within seven business days after the date of the mailing of a disconnection notice.
(Ord. 2009-2, passed 5-4-2009; Am. Ord. 2013-2, passed 8-19-2013; Am. Ord. 2019-5, passed 10-07-2019)