(A) If the water service is provided in error to any property prior to or after the issuance of a certificate of occupancy, or if water charges are not paid before the date of delinquency as set forth in § 51.009, or if there is any other violation of the provisions of this chapter relating to water service in connection with a particular piece of property, then service shall be discontinued upon written notice at least 72 hours before service is to be discontinued. The 72 hour written notice may be given with the ten day second notice, ending on the 40th day after the original billing. Written notice shall be given to the owner of the premises, and to the occupants of the premises and users of the service if different than the owner, that water service shall be discontinued for the particular stated reasons.
(B) The owner, and the occupants of the premises and the users of the water service, if different than the owner, shall be entitled to a hearing before the Village President, or his designee, upon filing of a written request with the Village Clerk for a hearing within 72 hours after receipt of such notice. This request shall state the reasons why water service should not be discontinued. A hearing will be held within 72 hours after receipt of the request for a hearing if possible, but in any event shall be held prior to discontinuing service. The decision of the Village President, made after hearing regarding whether to discontinue water service, shall be final. Water service shall not be reinstated once terminated until all past-due bills including the additional charges therein are paid in full, together with payment of $100 for reinstating such service, and reimbursement in full of the attorney's fees incurred by the village in having the Village Attorney attend such hearing.
(C) If a hearing is required to be held according to any provision of this chapter, the Village Attorney may attend any such hearing. In the event the decision is to discontinue water service, the owner of the premises, and the occupants of the premises and users of the service if different than the owner, shall be required jointly and severally to reimburse the village for its attorney's fees. Water service will not be resumed until reimbursement in full of all village expenses, including attorney's fees.
(Ord. 93-09, passed 10-18-93; Am. Ord. 02-01, passed 4-1-02; Am. Ord. 10-08, passed 6-28-10)