Laserfiche WebLink
- CODE OF ORDINANCES <br />Chapter 78 - UTILITIES <br />ARTICLE II. - WATER SYSTEM <br />DIVISION 3. DISCONTINUANCE OF SERVICE <br />DIVISION 3. DISCONTINUANCE OF SERVICE <br />Sec. 78-31. Notice and hearing procedures for discontinuance of service. <br />Sec. 78-32. Shut-off procedures. <br />Sec. 78-33. Recovery of costs for shut-offs. <br />Sec. 78-34. Reconnections. <br />Secs. 78-3578-40. Reserved. <br /> <br /> <br />Sec. 78-31. Notice and hearing procedures for discontinuance of service. <br />(a) Delinquent accounts. Elk River Municipal Utilities (ERMU) shall mail written notice to all accounts 30 <br />days delinquent stating that water service will be shut off unless the account is brought current or a <br />hearing is requested within ten days. If the account is not brought current and no hearing is <br />requested, ERMU shall inspect the property to determine if it is vacant and shall post notice on the <br />property that water service will be shut off in 15 days unless the account is brought current or a <br />hearing is requested within ten days. ERMU shall shut off water service to the address no earlier <br />than 15 days from the date of the posted notice (unless an emergency shut-off is warranted). If a <br />hearing is requested, it shall be held pursuant to subsection (c) below. <br />(b) Properties vacant or with other utilities shut off. <br />(1) April 15 to October 15. If ERMU shuts off electrical service to a property, receives notice that <br />electric service or gas to a property has been shut off, or receives information that a property is <br />vacant, between April 15 and October 15, and there is no delinquency on the water account, <br />then ERMU shall mail notice to the account holder and shall post notice on the property stating <br />that water service to the property will be shut off on October 15 unless the account holder <br />provides evidence that electric and/or gas service has been restored or the account holder <br />requests a hearing within ten days of the notice. If a hearing is requested, it shall be held <br />pursuant to subsection (c) below. If no hearing is requested, water shall be shut off on or about <br />October 15, pursuant to the procedures set forth in this article. <br />(2) October 15 to April 15. If ERMU shuts off electrical service to a property, receives notice that <br />electric service or gas to a property has been shut off, or receives information that a property is <br />vacant, between October 15 and April 15, ERMU may proceed to shut off water as an <br />emergency shut-off under subsection78-32(b) below. <br />(c) Hearing procedure. If a hearing is requested, ERMU shall hold a hearing no sooner than 20 days <br />after the request for a hearing is received. Written notice of the hearing date shall be given to the <br />account holder at least ten days before the hearing date. The hearing shall be held before the ERMU <br />commission or a committee of the commission or a hearing officer, as determined by the <br />commission. The hearing board/officer shall make findings of facts regarding whether the account is <br />delinquent or if shut-off is warranted for other reasons. If a finding is made that shut-off is warranted, <br />the hearing board/officer shall set a date for water shut-off, and ERMU shall shut the water off no <br />earlier than that date. <br />(Ord. No. 09-02, § 1, 3-2-2009) <br /> Elk River, Minnesota, Code of Ordinances Page 1 <br />379 <br />