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Section 70.2

Procedure for discontinuance of water or sewer service.

Adopted August 30, 2015

(a) Before disconnecting a utility customer, the village shall first send a notice to the customer by hand delivery (which shall include attaching the notice to an exterior door of the customer's premises) or by registered mail to the customer's last known address on file with the village.
(b) The notice shall advise the customer of the following:
1. (1) That the utility service will be disconnected.
2. (2) The date after which it will be disconnected.
3. (3) The reason why it is being disconnected. If for nonpayment of a bill, the notice or an attachment thereto shall show a meter reading and the amount in arrears.
4. (4) That, if the customer disputes the reason for discontinuance, a hearing is available before a hearing officer, and that the hearing officer will have the authority to make a final determination of the complaint.
5. (5) That the customer may be represented at the hearing by any person and may present evidence supporting his claim.
6. (6) The days, times and location that the customer may request a hearing.
7. (7) That, if the customer does not pay or resort to a hearing, service will be discontinued without further warning.
(c) There will be a charge of an amount as set from time to time to the customer for each disconnect notice sent by hand delivery and a charge for each notice sent by registered mail.
(d) The customer shall request a hearing in person or by his representative at the village office or pay the amount of the bill within ten days of receipt of a hand-delivered disconnect notice or within ten days of mailing of a disconnect notice by registered mail. After the ten-day period, if the customer has not paid or has not requested a hearing, or has received an unfavorable decision in a hearing, the village may discontinue service.
(e) A hearing will be available during the normal business hours of the village office as provided in this subsection.
1. (1) The hearing officer shall be the department of public works administrator or the village clerk or other official as the village may appoint.
2. (2) The hearing officer shall have the power to make a final determination on any dispute.
3. (3) The hearing officer shall allow the customer to present evidence orally, in writing or by witness and shall allow the customer to be represented by the person of the customer's choosing.
4. (4) Once a hearing is timely requested, the village may not discontinue service until after a decision unfavorable to the customer or after a hearing has been scheduled at a time of which the customer had notice and the customer fails to attend.
5. (5) If a decision unfavorable to the customer is reached, service will not be disconnected if the customer pays the disputed amount within the ten-day period or payment is made immediately if the ten-day period has expired.
6. (6) Notice and hearing shall not be required if an emergency situation demands that the utility be disconnected. Secs. 70-3—70-30. - Reserved. [2]

Footnotes:

--- (2) --- Editor's note— Ord. No. 168, adopted Sept. 17, 2013, deleted the former Art. II, §§ 70-31—70-217, and enacted a new Art. II as set out herein. The former Art. II pertained to water service. See the Code Comparative Table for a complete history of former Art. II.