939.04 WATER SERVICE TERMINATION.
   (a)    Definitions. The following definitions apply whenever said terms appear in this section.
      (1)   “Village” means the Village of Sheffield, including the Village of Sheffield's Utilities Department.
      (2)   “Consumer” means any person who is the ultimate user of water utility services provided by the Village.
      (3)   “Customer” means any person who enters into a contractual agreement with the Village to receive or to pay for utility services provided by the Village. Customers may, but need not, be consumers of the services provided under such a contractual agreement.
      (4)   “Consumer Benefitted Unit” means any service address in which the customer who is contractually liable for utility services furnished that address does not reside.
      (5)   “Customer Benefitted Unit” means any service address in which the customer contractually liable for utility services furnished that address resides. (Ord. 1716. Passed 6-28-99.)
      (6)   “Billing Address” means the address at which the customer contractually liable for utility services furnished to a service address receives billings from the Village. Billing addresses may, but need not, be the address at which said services are received.
         (Ord. 2478. Passed 3-23-15.)
      (7)   “Service Address” means any individual address at which water utility services are furnished a consumer or customer benefitted unit. The singular may include the plural. All service addresses will be individually metered. The addressee shall be the owner or legally authorized agent of the owner of the premises.
   (b)    Water Service Termination. Water service to customer or consumer benefitted units may be terminated by the Village only for the following reasons:
      (1)   Nonpayment by customer for water service to the service address affected;
      (2)   Emergencies and repairs;
      (3)   At customer request, provided that any termination shall be done only in compliance with Village voluntary termination procedures on file with the Utilities Department;
      (4)   Meter tampering, theft of service, or fraud;
      (5)   Violation of the Village Plumbing Code;
      (6)   Condemnation and finding that the premises are unfit for human habitation and vacated as provided in Section 1349.02 of the Codified Ordinances of the Village of Sheffield;
      (7)   Abandonment of the premises;
      (8)   Refusal to permit the Utilities Department to have access to the premises to read the meter or to inspect water equipment.
   (c)    Notice. Unless the notice requirement is dispensed with as provided below, written notice of a proposed termination of water service must be sent by the Village at least 14 days prior to the date of proposed termination and shall contain the following facts:
      (1)   Name of customer, address, service address affected, account number;
      (2)   Date of proposed termination if account is not paid, or hearing requested, or a separate account established;
      (3)   Reason for proposed termination, the amount claimed to be due; location and hours at which payment can be made; minimum payment which, tendered at or before termination, is necessary to avoid termination;
      (4)   Notice that any individual consumer of services may avoid termination by:
         A.   Paying the current month's charges;
         B.   Paying the standard residential deposit required to initiate water service, except that if the consumer is indigent the deposit may be made in a reasonable number of installments; and
         C.   Assuming responsibility for payment of future charges, if that individual consumer does not owe an outstanding bill to the Utility Billing Office for an account established in that consumer's name, or if any such bill is paid or satisfactory payment arrangements are made at that time;
      (5)   Notice that a customer or consumer of water services has the right to a hearing to contest the reasons for the proposed termination, and that if a hearing is requested, the termination will not take place until such hearing process is completed;
      (6)   Title, address, telephone number and hours to contact the Utilities Department for request of a hearing, payment alternatives or special consideration in hardship cases, or to assume responsibility for future utility charges. This information will appear in all capital letters at the bottom of the notice, after the words, "FINAL NOTICE - IF YOU HAVE ANY QUESTION OR DISPUTE ABOUT THIS BILL CALL (INSERT INFORMATION)."
   In the event any service address affected by termination is a consumer benefitted unit, notice of termination of service shall be delivered to each service address so affected, in addition to delivery to the customer.
   (d)    Emergencies and Repairs. Termination of service may occur without prior notice if emergency circumstances involve imminent danger to persons or property. If the Service Director determines there is a threat of contamination of the public water supply or a threat to the health of the public, termination will be immediate, until all hazards are eliminated.
   Water service may be temporarily suspended for repairs on a non-emergency basis. A suspension request must be completed by the customer contractually obligated to pay for service at the address. If such address is a consumer benefitted unit, the suspension request must be signed by an adult consumer residing at such address or the address is vacant as verified by the Utilities Department.
   (e)    Voluntary Termination. All requests for termination of water service or a customer's contractual responsibility for service shall be made at the Utilities Department in writing on a Voluntary Termination form. If such request for termination is to a benefitted unit other than the customer's benefitted unit, termination will not occur until each affected address is verified by the Utilities Department as being vacant. The customer requesting the termination must grant access to the premises to the Utilities Department for the purpose of conduction an investigation at the time of termination. The Village shall restore service immediately upon demand of any adult consumer at any service address so affected, without charge, if this voluntary termination provision was not complied with or if the Village's verification of vacancy was in error.
   (f)    The Village Administrator shall establish a termination procedure that shall provide for written documentation of the time, date, customer identification and reason for termination. Such procedure shall be available for public inspection at the Service Department during the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday.
   (g)   The Village Administrator shall establish a Hearing Procedure for any person who has a dispute about:
      (1)   Application for service.
      (2)   Termination or proposed termination of services.
      (3)   Billing and/or payment issues.
      (4)   Requirements for obtaining or maintaining water service.
   Such hearing procedure shall be available for public inspection at the Service Department during the hours of 8:00 a.m. to 4:00 p.m. Monday through Friday.
(Ord. 2478. Passed 3-23-15.)