(A) Application. Except with respect to nonpayment of accounts as described in division (B)(1)(a) below, the provisions of this section do not apply to industrial users or other users permitted pursuant to §§ 50.105 through 50.112 of this code or by the approval authority. Users who are not permitted pursuant to §§ 50.105 through 50.112 of this code or the approval authority are governed by this section.
(B) Termination or interruption of services by town.
(1) The town may terminate service to enforce any of the provisions of this chapter. Accordingly, the town may terminate service for reasons which include the following:
(a) Refusal by the customer to pay in full an account that remains delinquent in excess of ten days;
(b) Prevention of fraud or abuse by a customer; or
(c) Failure of the customer to comply with any of the provisions of this chapter.
(2) Before service is terminated, the customer shall be notified of the proposed termination and given an opportunity to be heard on the matter as provided in this section.
(3) The town reserves the right to discontinue or interrupt service temporarily for any of the following reasons:
(a) Emergency repairs;
(b) Insufficient supply or treatment capacity; or
(c) Strike, riot, flood, accident, act of God or any other unavoidable cause.
(4) The town shall make a good faith effort to notify affected customers before service is discontinued or interrupted as provided in division (B)(3) above. However, the customer, by making application for service, agrees to hold the town harmless from liability for any loss or damage that may occur due to discontinuance or interruption of service for the causes listed in divisions (B)(3)(a) and (B)(3)(b) above.
(C) Notice of proposed termination of service and right of hearing.
(1) On the day that an account becomes delinquent, or as soon thereafter as possible, the town shall mail to the customer a notice informing the customer of the amount owed and stating that:
(a) The customer’s account is delinquent and is subject to a penalty charge of $5;
(b) The customer is entitled to be heard before service termination by a designated employee at a specified address or telephone number during stated business hours if there is any dispute over the amount of the bill; and
(c) Unless the bill is paid in full or otherwise resolved by a specified date, the town may terminate service without further notice.
(2) The service termination date stated in the notice described in division (B) above shall be the later of the following:
(a) The tenth day after the date the notice is mailed; or
(b) The tenth day after the account becomes delinquent.
(3) If the town proposes to terminate service for any reason other than nonpayment, the town shall first mail to the customer a notice informing the customer:
(a) That the town proposes to terminate service without further notice on a specified date, which date shall be not earlier than the tenth day after the notice is mailed;
(b) What the reasons for the proposed termination are and what, if anything, the customer may or must do to avoid termination of service; and
(c) That the customer is entitled to be heard by a designated employee (at any time prior to termination of service) at a specified address or telephone number during stated business hours if there is any question about the accuracy or legitimacy of the reasons stated for the proposed termination.
(D) Termination hearing.
(1) The hearing provided for in division (C) above may be held by phone or, at the request of the customer, the customer may meet in person with the employee at the office of the employee, as specified in the notice.
(2) The hearing shall be conducted informally. The customer shall be given every reasonable opportunity to bring to the attention of the designated employee information that reasonably bears upon the reasons for the proposed termination.
(E) Stay of termination pending hearing outcome.
(1) If the hearing provided for is requested and held before the service termination date indicated in the notice, the town shall postpone the proposed termination date until three days after the written decision is served on the customer as provided in division (E)(2) below.
(2) As soon as reasonably possible after the hearing, the employee conducting the hearing shall inform the customer in writing of his or her decision and the reasons therefor. If the proposed termination relates to an unpaid account, the writing shall also inform the customer that unless the account is paid in full within three days after the notice is served, the service will be terminated. This decision may be served upon the customer personally or mailed by certified mail, return receipt requested.
(3) If the customer fails to make a timely request for the hearing or, following a hearing, fails to comply with the decision of the town within the time specified in division (E)(2) above, the town may terminate service without further notice.
(F) Lessee may take responsibility for payment.
(1) (a) A copy of the notice of proposed termination required by division (C) above shall be sent to the occupant of the dwelling unit or the tenant of the non-residential structure, whenever:
1. A water meter serves a single dwelling unit or, in the case of non-residential structures, a single tenant;
2. The occupant of the dwelling unit or the tenant is not the person responsible for water or sewer payments (such as is not the customer); and
3. The customer becomes delinquent in his or her payments.
(b) The notice shall include or be accompanied by a statement setting forth the rights of the occupant or tenant (the lessee) as provided in division (F)(2) below.
(2) When a lessor becomes delinquent in his or her water or sewer payment, a lessee may take responsibility for the payments and may thereby become the customer. The lessee shall not be responsible for the debts of the lessor.
(G) Procedure for service termination and reinstatement.
(1) Water and sewer service termination shall be effected only by authorized agents of the town.
(2) When service is terminated, discontinued or interrupted for any reason set forth in this section, it shall be unlawful for any person other than a duly authorized agent or employee of the town to do any act that results in the resumption of service.
(3) When service is terminated for nonpayment of bills, the service application deposit shall be applied to the outstanding bill.
(4) If there are deposit funds remaining after the deposit is applied to the outstanding bill, the excess shall be refunded to the customer. If a portion of the bill remains outstanding, the town may proceed to collect the balance using any lawful procedure.
(5) Before service will be reinstated, the customer shall be required to make full payment of any charges still outstanding on his or her account. In addition, the customer shall also redeposit with the town an amount equal to his or her application deposit or the amount of the bill outstanding at the time of termination, whichever is greater.
(6) A charge for service reinstatement shall be made pursuant to the schedule of rates and charges adopted by the Board of Commissioners.
(H) Termination at customer’s request.
(1) The customer shall request that service be discontinued (for a change in occupancy or other reason) at least one day before the customer desires the termination to become effective.
(2) The customer shall be responsible for all water consumed and for prorated service up to the time service is terminated, or until one day following receipt of the request for termination, whichever occurs sooner.
(3) When all charges for service are paid in full, the customer’s deposit shall be refunded. The deposit will be refunded pursuant to the schedule of rates and charges.
(4) The customer shall be entitled to be heard by a designated employee concerning any dispute about the amount of the deposit refund. The employee shall inform the customer in writing of his or her decision and the reasons therefor as soon as reasonably possible.
(Prior Code, § 50.141) (Ord. O-00-001, passed 2-24-2000) Penalty, see § 50.999