(A) The Town Manager shall endeavor to assure compliance with the requirements of this chapter by all individuals within the corporate limits and by all customers receiving municipal water and/or sewer service through conference and persuasion. If these efforts, over a reasonable period of time, are futile, the Town Manager shall take formal action as provided for as follows:
(1) The Town Manager or his/her representative shall give notice to the person by registered mail stating the specifics of the failure of compliance and requiring that the person remedy the failure within 72 hours;
(2) The Town Manager or his/her representative may thereupon, without further notice, cause the water service from the public water system to be discontinued for the person;
(3) In any case where water service is discontinued by the town for enforcement purposes, the restoration of the service shall be conditioned on full compliance by the person and payment of any expense incurred in the enforcement proceeding and in the restoration of service;
(4) The town may, in its discretion, continue or restore water service in a case of failure of compliance on condition that the person furnish a bond or other security, with terms as specified by the town, to hold harmless the town from any loss or expense that it may incur as a result of the noncompliance or any further noncompliance;
(5) The Town Manager shall give notice to any individual receiving water from the municipal water system by registered mail stating the specifics of the failure of compliance and requiring that the persons promptly remedy the failure. At the same time, the Town Manager shall report the facts of the case in writing to the Town Board and to other government agencies as may have jurisdiction and power to take appropriate enforcement action.
(B) Water service will be terminated to all customers delinquent in payments and a reconnection charge will be assessed in accordance with the town's rate schedule prior to water service restoration (as provided in § 51.09(D)).
(C) When services are discontinued and all bills paid, the meter deposit will be refunded. However, the town is only responsible for the refunding of deposits after the request for a refund has been made by the customer.
(D) 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 customer upon request; 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 the collection of debts.
(E) Service discontinued for nonpayment of bills will be restored only after bills including any penalties are paid in full, and a service charge paid for each meter reconnected in accordance with the town’s published rate schedule. An additional deposit will be required if the previous deposit was applied to the unpaid bill.
(F) The town reserves the right to discontinue its service without notice for the following additional reasons:
(1) To prevent fraud or abuse;
(2) Customer’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;
(7) Strike, riot, fire, flood, accident or any unavoidable cause;
(8) To prevent contamination of the water supply;
(9) Customer’s failure to pay bills as required by this chapter;
(10) Discovery of a cross-connection between a private water source and the municipal water system.
(G) The town may, in addition to prosecution by law, permanently refuse service to any customer who tampers with a meter or other measuring device.
(H) If any authorized person alters, tampers with or bypasses the town’s water meters in a manner that causes the meter to inaccurately measure and register the water consumed or which would cause the water to be diverted from the recording apparatus of the meter, then in that event, the meter shall immediately be removed by the town and water service to the property or premises shall be halted. Service to the property or premises shall not be reinstated until a required reconnect fee has been paid in addition to any damages done to the meter. Nothing in this section shall be construed to prohibit the town from pursuing criminal or civil actions against any person who alters, tampers with or attempts to bypass a water meter.
(I) In cases of wanton and willful damage, the town will commence criminal proceedings under the appropriate state law.
(OC, § 5-1-16) Penalty, see § 10.99