[Amended 4-2-2001 by L.L. No. 1-2001]
Notwithstanding any of the foregoing provisions,
except in case of emergency, temporary interruption necessitated by
repairs, extensions or maintenance operations, shortage of water or
similar situations, no service shall be terminated by the Town of
Phelps without complying with the following procedures:
A. Notice of violation and hearing. Upon the determination
by the Billing Clerk/Bookkeeper that a violation has occurred pursuant
to this chapter or that a bill for service or other charges has become
delinquent, the Billing Clerk/Bookkeeper shall notify the Town Supervisor
of same, who shall notify, in writing, the occupant or occupants of
the affected premises as well as the owner thereof either personally
or by certified mail at the last known address of such persons, setting
forth specifically the grounds for termination of service and the
time and place of hearing within the Town of Phelps. Such notice shall
be served at least 10 days prior to the date of the hearing and shall
contain a warning that unless such person or persons shall appear
and offer proof or other evidence at such hearing, the service may
be terminated without further notice.
B. Conduct of hearing. At the time and place specified
in the notice, the Phelps Town Supervisor or other Town official designated
by the Phelps Town Board, hereafter referred to as the "Hearing Officer,"
shall conduct the hearing and receive such proof or evidence as may
be presented by the Town of Phelps and the other interested parties.
C. Determination. At the close of the hearing, the Hearing
Officer may order the termination of the service or other appropriate
action as he/she or she may determine.
D. Appeal. Any person aggrieved by the action of the
Hearing Officer shall have the right to appeal to the Phelps Town
Board. Such appeal shall be taken by filing within 14 days after notice
of the action complained of has been mailed to such person's last
known address, together with a written statement setting forth fully
the grounds for the appeal. The Phelps Town Board shall set a time
and place for the hearing on such appeal, and notice of such hearing
shall be mailed to the appellant at his or her last known address
at least five days prior to the date set for the hearing. The decision
and order of the Phelps Town Board shall be final and conclusive.