§ 50.30 SUSPENSION OF SERVICE, NOTICE, AND HEARING.
   (A)   When services are discontinued and all bills paid, the deposit will be refunded.
   (B)   Upon discontinuance of service for nonpayment of bills, the deposit will be applied by the town toward settlement of the account. Any balance will be refunded to the consumer; but if the deposit is not sufficient to cover the bill, the town may proceed to collect the balance in the usual way provided by law for collection of debts.
   (C)   Service discontinued for nonpayment of bills will be restored only after bills are paid in full, redeposit made, and a service charge is paid for each meter reconnected. The service charge is on file at the office of the Town Clerk.
   (D)   The town reserves the right to discontinue its service without notice for the following additional reasons:
      (1)   To prevent fraud or abuse;
      (2)   Consumer’s willful disregard of the town’s rules;
      (3)   Emergency repairs;
      (4)   Insufficiency of supply due to circumstances beyond the town’s control;
      (5)   Legal processes;
      (6)   Direction of public authorities; or
      (7)   Strike, riot, fire, flood, accident or any unavoidable cause.
   (E)    The town may, in addition to prosecution by law, permanently refuse service to any consumer who tampers with a meter or other measuring device.
   (F)   (1)   Prior to discontinuing service for nonpayment of bills as provided in § 50.29(E), the town shall notify a consumer of the town’s intent to discontinue service at least two working days before the scheduled date of discontinuance.
      (2)   Except in emergency situations or when advance notice would prevent the effective enforcement of this chapter, the town shall provide similar notice prior to discontinuing service as a sanction for fraud or abuse or a violation of the provisions of this chapter.
   (G)   The notice required by this section shall be deemed sufficient if written notice is left in a conspicuous place at the premises where service is proposed to be discontinued.
   (H)   The notice required by this section shall inform the consumer that the consumer is entitled to be heard by the Public Works Director prior to the scheduled discontinuance of service as to whether the discontinuance is warranted under the provisions of this chapter.
      (1)   The hearing may be held by phone or, at the request of the consumer, the hearing may take place at the office of the Public Works Director.
      (2)   The hearing shall be conducted informally. The consumer shall be given every reasonable opportunity to bring to the attention of the Public Works Director information that bears upon the reasons for the proposed termination.
      (3)   The Public Works Director shall inform the consumer of his, her, or their decision at the conclusion of the hearing, or at such later time prior to discontinuance of service as the Public Works Director deems appropriate.
(Prior Code, § 15-31) (Ord. passed 11-21-1985; Ord. passed 11-16-2000) Penalty, see § 50.99