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 without complying with
the following procedures:
A. Notice of violation and hearing. Upon the determination by the Highway
Superintendent that a violation has occurred pursuant to this chapter
or that a bill for service or other charges has become delinquent,
the Highway Superintendent shall notify the Town Clerk 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. 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 Highway Superintendent or other Town official designated by the
Town Board, hereafter referred to as the "hearing officer," shall
conduct the hearing and receive such proof or evidence that may be
presented by the Town 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 or she may determine.
D. Appeal. Any person aggrieved by the action of the hearing officer
shall have the right to appeal to the 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, a written
statement setting forth fully the grounds for the appeal. The 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 Town Board shall be final
and conclusive.