(A) If the monthly bill described in § 53.01 is not paid by the thirtieth day following the date of bill, the customer shall be notified by first class U.S. Mail that utility service will be disconnected if payment of the delinquent amount is not remitted within ten days of the date of the notice of disconnection.
(B) The notice of disconnection shall:
(1) Notify the utility customer that utility service will be disconnected for failure to pay;
(2) Specify a date by which payment must be received in order to avoid disconnection; and
(3) Advise the utility customer that the decision to disconnect service can be challenged by requesting a hearing before the date specified for payment and providing both a phone number and address to request such a hearing.
(C) If the customer to be disconnected requests a hearing within the time allotted, the disconnection shall be stayed until such time at the hearing officer issues a decision.
(1) The hearing officer may be the Town Manager or any other person designated as a hearing officer by the Town Council.
(2) When requested, the hearing officer shall set a time, date, and location for hearing the disconnection appeal as soon as practical.
(3) The hearing officer shall provide written notice of the hearing to both the customer and the utility billing office no less than five days prior to the hearing.
(4) At the hearing, the hearing officer may:
(a) Reaffirm the decision to disconnect, if the customer fails to appear or is, in fact, delinquent as described in § 52.02(A), such disconnection to be made as soon as possible following
the hearing;
(b) If the customer concedes the delinquency and is not currently on a delinquency repayment agreement, arrange repayment of the delinquent amount, together with future charges within the next year and continue utility service;
(c) Recommend presentation of the matter to the Town Council, if the hearing officer has reason to believe that the customer may be unjustly disconnected and delay disconnection pending a decision of the Town Council; or
(d) Take all issues under advisement and issue a written decision to the customer and utility office within 15 days of the hearing with utility service to remain connected while the matter is under advisement.
(5) At the hearing, the hearing officer shall:
(a) Advise the customer that he or she may speak with an attorney or seek redress through the courts if dissatisfied with the hearing officer’s decision;
(b) Afford both the aggrieved customer and a representative of the utility an opportunity to be heard; and
(c) Explain the hearing officer’s options under division (C)(4) above.
(Ord. 6-25-2013-02, passed 6-25-2013)