(A) The village shall have the right to discontinue services and remove its meters and other appurtenances if the charges for such services are not paid within seven business days after the fifteenth of each month. The Village Clerk-Treasurer shall send by first class mail a notice of disconnection of service to the utility user on the first day after the fifteenth of the month. Service shall not be discontinued for at least seven days after such notice of disconnection is sent to the utility user. As to any subscriber who has previously been identified to the village as a client of the State Department of Health and Human Services, such notice shall be by first class mail, and notice of such proposed termination shall be given to Health and Human Services.
(B) The notice shall contain the following information:
(1) The reason for the proposed disconnection;
(2) A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the village regarding payment of the bill;
(3) The date upon which services will be disconnected if the domestic water subscriber does not take the appropriate action;
(4) The name, address and telephone number of the employee or department to whom the domestic subscriber may address an inquiry or complaint;
(5) The domestic subscriber’s right, prior to the disconnection date, to request a hearing regarding any dispute over such proposed disconnection;
(6) A statement that the village may not disconnect the service pending the conclusion of the hearing;
(7) A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician’s certificate certifying that the domestic subscriber or resident within such subscriber’s household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility’s service to that household. Such certificate shall be filed with the Village Clerk-Treasurer within five days of receiving notice under this section and will prevent the disconnection of the utility service for a period of 30 days from such filing. Only one postponement of disconnection shall be allowed under this division (B)(7) for each incidence of nonpayment of any due account;
(8) The cost that will be borne by the domestic subscriber for restoration of services;
(9) A statement that the domestic subscriber may arrange with the village an installment payment plan which must be first approved by the governing body;
(10) A statement to the effect that any domestic subscriber who is a client of Health and Human Services may qualify for assistance in payment of the utility bill and that the subscriber should contact his or her caseworker in that regard; and
(11) Any additional information not inconsistent with this section which has received prior approval from the Village Board.
(C) (1) A domestic subscriber may dispute the proposed discontinuance of service by notifying the Village Clerk-Treasurer with a written statement that sets forth the reasons for the dispute and the relief requested. If a written statement is made by the subscriber, a hearing shall be held before the utility may discontinue services.
(2) The Village Board shall constitute a committee to hear such disputes. Such hearing shall be conducted at the Board meeting room, and minutes shall be kept of such resolution hearing. At the conclusion of the hearing, the Board shall render its decision and shall notify the utility customer. In the event the utility customer is dissatisfied with such decision, he or she shall have the right to appeal such decision to a court of competent jurisdiction for further review.
(D) If a utility service is disconnected for nonpayment of utility bills, a reconnection charge in an amount as established by the village by resolution shall be assessed when such reconnection shall be made during regular working hours, and a reconnection charge shall be assessed when such reconnection shall be made after regular business hours, on weekend or holidays, in order to compensate the municipality for the additional hookup necessary to again provide water service to the delinquent customer. If an owner requests to have a utility service shut off for any other reason, during normal business hours, a reconnection charge shall also be assessed. In the case of an emergency, the reconnection fee in an amount as established by the village by resolution may be waived by the governing body. Reconnection charges must be paid by the customer or owner prior to reconnection to water service.
(E) This section shall not apply to any disconnection or interruptions of service made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of any domestic subscriber or of the general public.
(Prior Code, § 12-203) (Ord. 548, passed 4-27-2011)
Statutory reference:
Similar provisions, see Neb. RS 17-537, 17-542, 17-1603, 17-1604 and 70-1603