The Department may refuse or discontinue service
for any of the following reasons:
A. Nonpayment of bills or charges: any bill or charge due the Department
becomes delinquent.
[Amended 3-15-2016 by L.L. No. 1-2016]
B. Willful waste; use of unsafe equipment, etc.: for
willful waste or where apparatus, appliances or equipment using water
are dangerous, unsafe or not in conformity with laws or ordinance.
The Department does not assume liability for inspecting apparatus
on customer's property. The Department does reserve the right of inspection,
however, if there is reason to believe that unsafe apparatus is in
use.
C. Excessive demand: where demand is greatly in excess
of past average or seasonal use and where such excessive demand by
one customer is or may be deemed detrimental or injurious to service
furnished other customers.
D. Use of water through branch connections, etc.: for
use of water other than requested in the application or through branch
connections on the street side of a meter.
E. Damage to Department equipment: for damaging any service
pipe, seal, meter or other appurtenance owned or maintained by the
Department.
F. Cross-connections: for cross-connections with pipe
carrying water supplied by the Department with another source of supply
or with apparatus which may endanger the quality of the public water
supply or for any violation of the Sanitary Code of the State of New
York.
G. Refusing access to property: for refusal of reasonable
access to the property for the purposes of inspection of fixtures
or piping or for reading, testing or removing meters.
H. Submetering or reselling water: for submetering or
reselling water.
I. Protection of Department: to protect the Department
against fraud and abuse.
J. Wasteful or negligent use of water: where water is
wastefully used or negligently used on a customer's premises, seriously
affecting the general use.
K. Failure to comply with Part 1 regulations. The Department
may, unless otherwise provided, discontinue water service to a customer
for noncompliance with any of the regulations established in this
Part 1 if the customer fails to comply with such regulations within
five days after receiving written notice. If such noncompliance affects
matters of health and safety and conditions warrant, the Department
may discontinue water service immediately and without notice.
[Added 3-15-2016 by L.L.
No. 1-2016]
A. Nonemergency situations. In the event of shutoff for nonpayment or
violation of these rules and regulations not constituting an emergency,
written notice shall be sent, prior to shutoff, by certified mail
to the owners of the premises as shown by the latest assessment rolls
of the Village of Johnson City. Notice shall also be conspicuously
posted on the front door of the building. Each notice shall be postmarked
and posted not less than 15 days prior to shutoff. The notice shall
include the anticipated date the water will be shutoff, the reason
for the shutoff, and it shall notify the property owners and tenants
of their right to request a hearing. The Village may in its discretion
provide additional notice, but failure to do so does not preclude
shutoff. It is understood and agreed, however, the Village is not
liable for any damage which may result to any person or premises from
the shutting off of the water from any main or service for any purpose
whatsoever, even in cases where no notice is given.
B. Emergency situations. In the event of shutoff for nonpayment or violation
of these rules and regulations constituting an imminent danger to
the health, safety and welfare of those residing or utilizing the
premises, or to the water supply or water system, in the Department's
reasonable discretion, written notice shall be sent as soon as practicable
after shutoff, by certified mail, to the owners of the premises as
shown by the latest assessment rolls of the Village of Johnson City.
Notice shall also be conspicuously posted as soon as practicable after
shutoff on the front door of the building. The notice shall include
the Department's basis for its determination of an imminent danger,
the reason for the shutoff, and it shall notify the property owners
and tenants of their right to request a hearing. The Village may in
its discretion provide additional notice, but failure to do so does
not preclude shutoff. It is understood and agreed, however, the Village
is not liable for any damage which may result to any person or premises
from the shutting off of the water from any main or service for any
purpose whatsoever.
[Added 3-15-2016 by L.L.
No. 1-2016]
Upon receiving a shutoff notice either through the mail or posted
on the front door of the building, a property owner or tenant of the
premises may request a hearing in writing and sent by certified mail
to the Village Clerk-Treasurer within the periods indicated herein.
A. Nonemergency situation: not less than five days prior to the shutoff
date listed on the notice.
B. Emergency situation: within 10 days of the notice's posting
on the front door of the building.
[Added 3-15-2016 by L.L.
No. 1-2016]
The Village Mayor shall designate a hearing officer who will
conduct the hearing and make a decision, in writing, as to whether
the shutoff at the premises shall go forward or continue, as the case
may be. The hearing shall be scheduled by the hearing officer within
30 days of the date the Village receives the hearing request. Written
notice of the hearing date shall be provided to the party requesting
the hearing, and shall also be provided to the property owner, if
different. The hearing officer shall not be bound by the technical
rules of evidence. The parties shall have the right to submit relevant
evidence, which shall be afforded the appropriate weight by the hearing
officer. The hearing officer shall have discretion to make decisions
on a case-by-case basis. The hearing officer shall issue a written
decision that must be sent regular class mail within 15 days from
the date of the hearing to the property owner and tenants who appeared
at the hearing. In a nonemergency situation, in the event that the
decision is to move forward with the water shutoff, the decision shall
provide a date when the Department will shut off the water at the
property, and a new shutoff date will be posted at the property.
[Added 3-15-2016 by L.L.
No. 1-2016]
Whenever the water supply has been shut off for a failure to
comply with these rules and regulations, it shall not again be turned
on, except by the Department, until compliance is made with these
rules and regulations in the matter leading to shutoff, and/or payment
of all sums owed and outstanding is made to the Department.