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City Code / Statutes

City of Menan

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In the event any owner or occupant fails to pay the monthly fees as set forth herein, or otherwise fails to comply with the provisions of this Chapter, then the City may terminate and disconnect sewer services to the premises receiving services or any other property owned by the customer receiving such services. Such termination of services shall conform to the following procedures:
  (A)          Whenever a bill becomes delinquent for more than sixty (60) days, or upon the customer's failure to comply with this Chapter, the City Clerk shall serve notice of termination through personal service by the Sheriff's Department to the customer and the customer's service may thereafter be terminated upon compliance with the procedure set forth herein. The notice of termination shall contain the following:
  (1)   The customer's name and mailing address;
  (2)   The address or addresses where service is being delivered;
  (3)    The customer's account number under which the default has occurred;
  (4)   A statement that the customer's account is delinquent and the amount of such delinquency as of a specified date, or a statement of the reason for the proposed disconnect;
  (5)   A statement that the customer is entitled to a hearing regarding the alleged default;
  (6)   The period of time within which the customer must appear for hearing; and
  (7)   A statement that if customer does not appear within thirty (30) days to request a pre-termination hearing, the amount of the delinquency or the default will be deemed to be correct and that the customer's sewer services may be discontinued immediately thereafter if the bill is not sooner paid or unless a written arrangement for payment of the billing satisfactory to the City Clerk is made, or unless the default is immediately corrected.
  (B)           The period of time in which the customer must appear to request a pre-termination hearing shall not be less than thirty (30) days and shall commence the day after the date the notice of termination is personally served by the Sheriff's Department. If the customer fails to request a pre-termination hearing within such time period and the bill has not been paid, or satisfactory arrangements for the payment thereof have not been made, or the customer's default has not been satisfactorily corrected, the City Clerk may immediately issue an order to discontinue service to such customer. If the customer appears at the hearing, the City Clerk shall hear the customer's complaint, review and examine the testimony and evidence presented and forthwith render a decision based upon such testimony and evidence upon the records of the City. The City Clerk may render a decision at the hearing or may render a decision in writing, and in such case shall mail a copy thereof to the customer. In the event the City Clerk finds the customer to be in default, the City Clerk shall advise the customer that his or her sewer service will be discontinued at the expiration of three (3) days after notice of the Clerk's decision is given or mailed, unless the customer's default is satisfactorily corrected before such date. Termination of sanitation service may be made of any or all accounts under the name of the customer in default, regardless of whether or not the default relates to the premises or account for which termination is ordered.
  (C)          Prior to termination, the City shall notify the State Health Department. Except in an emergency, sewer service disconnection will not take place after noon on Fridays, and shall not take place on Saturdays, Sundays, Holidays, or Holiday Eves.
  (D)          Reconnection of sewer will take place only after the reason for the termination has been remedied, including the payment of all overdue system fees and charges, deposits, disconnection fees and reconnection fees.
  (E)           The Notice of Termination shall also be published in the official newspaper of the City, at least thirty (30) days prior to the disconnection of services.