Notwithstanding any of the above 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 without complying with
the following procedures:
A.
Notice of violation or nonpayment. Upon the determination by the
Water Utilities Department that a violation has occurred pursuant
to this chapter, including but not limited to refusal to grant access
to property to read, repair, upgrade or replace a meter or other equipment,
or that a bill for services or other changes has become delinquent
for a period of 20 days, the Water Utilities Department shall notify
in writing the owner of the affected premises by first-class mail
at the last known address of such person, setting forth specifically
that water service may be terminated if the bill remains unpaid or
the violation is not corrected.
B.
In the event that a violation is not corrected or a bill for services remains delinquent for a period of 40 days, the Water Utilities Department shall notify in writing the owner of the affected premises by first-class mail at the last known address of such person, setting forth specifically that water service will be terminated 10 days after said notice is sent. The occupants of the affected premises shall be notified by the posting of a written notice at the affected premises. The notice shall also state that in the event that water services are terminated at the premises, the termination will result in an unsanitary condition at the premises, in violation of Chapter 54 of the Ontario Town Code, thereby rendering the premises unfit for habitation.
C.
Any violation which remains uncorrected or any bill for services
which remains delinquent for a period of 50 days, pursuant to the
notification set forth in this section, shall result in the termination
of water service by the Water Utilities Department.
D.
If any water service is terminated for violation of this chapter
or for nonpayment, the owner of the premises shall pay to the Water
Utilities Department a termination fee to shut off service and a fee
to restore service. The fees shall be set from time to time by resolution
of the Town Board.
E.
The notice of termination set forth in this section shall further
state that the owner or occupant of the affected premises shall be
entitled to due process, including a hearing, prior to the termination
of service. The owner or occupant of the premises which will be affected
by the termination of service may request a hearing prior to the termination
of service by written notice delivered to the Town Supervisor within
10 days of the receipt of the notice that the water services will
be terminated. Following of such a notice, the Town Supervisor shall
designate a hearing officer who shall conduct the hearing. The hearing
officer's decision shall comply with the provisions of New York
Public Service Law § 32. Notwithstanding any other provisions
of this chapter, the hearing and decision must be finalized prior
to the termination of any water service by the Water Utilities Department.
A.
Bills delinquent over 30 days. Because the Town is unable to collect unpaid water bills for service rendered to users that are not residents of the Town by adding such unpaid bills to the annual tax bill, the Town may terminate service to a property located outside the Town after a water bill for that property is delinquent for more than 30 days beyond the final payment date, subject to the provisions of § 146-37 of this chapter.
B.
Security deposit.
(1)
Whenever a water bill for a user outside the Town has become delinquent
for more than three months, the Town, in addition to any other remedy,
may require a security deposit of an amount equal to the average bills
rendered for the entire prior year for two quarters.
(2)
Such deposit, without interest, shall be returned to the user upon
a final reading or transfer of title after applying any unpaid charges
due the Town to the deposit.
If any provision of this chapter is determined to be unconstitutional
or invalid, the validity and enforceability of the remainder shall
not be affected.
