Notwithstanding any of the provisions of this chapter, 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 Village without
complying with the following procedures.
Upon the determination by the Superintendent of Public Works
or Village Clerk that a violation has occurred pursuant to this chapter
or that a bill for services or other charges has become delinquent,
the Village Clerk 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 Village. Such notice shall be
served at least 15 days prior to the date of the hearing and shall
contain a warning that unless such person or persons shall request,
in writing, within 10 days after receipt of same, that the hearing
be held and such person or persons appear and offer proof or other
evidence at such hearing, the service may be terminated without further
notice.
[Amended 6-21-2000 by L.L. No. 30-2000]
At the time and place specified in the notice, the Village official
designated by the Board of Water Commissioners, hereafter referred
to as the "hearing officer," shall conduct the hearing and receive
such proof or evidence that may be presented by the Village and the
other interested parties.
At the close of the hearing, the hearing officer may order the
termination of the service or other appropriate action as he or she
may determine.
[Amended 6-21-2000 by L.L. No. 30-2000]
Any person aggrieved by the action of the hearing officer shall
have the right to appeal to the Board of Water Commissioners. 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 Board of Water Commissioners shall set a time
and place for the hearing on such appeal, and notice of such hearing
shall be mailed to the applicant 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 Board of Water Commissioners shall be final and conclusive.