6.1. ERMU SR02-24-2009 - Laserfiche WebLink

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15, ERMU may proceed to shut-off water as an emergency shut-off under Section 78-32(2) below. 3. Hearing Procedure. If a hearing is requested, ERMU shall hold a hearing no sooner than 20 days after the request for a hearing is received. Written notice of the hearing date shall be given to the account holder at least 10 days before the hearing date. The hearing shall be held before the ERMU Commission or a committee of the commission or a hearing officer, as determined by the Commission. The hearing board/officer shall make findings of facts regarding whether the account is delinquent or if shut-off is warranted for other reasons. If a finding is made that shut-off is warranted, the hearing board/officer shall set a date for water shut-off, and ERMU shall shut the water off no earlier than that date. Sec. 78-32. Shut-Off Procedures 1. Non-Emergency Shut-Offs. Water shut-offs shall be done by ERMU personnel or by contractors engaged by ERMU. Water will always be shut-off at the street unless the stop-valve cannot be located. ERMU shall have the right to take reasonable measures, including the excavation and removal of existing landscaping, driveways, sidewalks and other improvements as necessary, to locate the stop-valve. If the stop-off valve cannot be located, written notice of the date that ERMU needs access to the property to shut-off water will be posted on the property and mailed to the account holder and any lender(s) that can be identified. On the date that water is to be shut-off, the Elk River Police Department shall accompany ERMU personnel to the property. If the property is not vacant, the police will advise the occupant to allow ERMU personnel to enter the property to shut-off water. If the property is vacant, a locksmith will be brought along to gain entry to the property and Elk River Police Department will accompany ERMU into the property to shut-off the water. 2. Emergency Shut-Offs. ERMU shall have the right to make an emergency shut-off if there is visible or other evidence that water is running and the property is either vacant or there is no response from the occupant; if ERMU receives notice that electric or gas has been shut-off to a property between October 15 and April 15 and the property is either vacant or there is no response from the occupant; or if ERMU determines, upon inspection, that a property is vacant and that there is a danger of the water service freezing. ERMU personnel shall attempt to give notice to the owner or occupant prior to an emergency shut-off. Water will be shut-off immediately. from the stop-valve in the street if the stop-valve can be located. If the stop-off -=valve carinot be located and the property needs to be entered to shut-off the water, ERMU personnel will contact the Elk River Police Department for assistance in entering the property and ERMU will attempt to get a locksmith to enter the property. If it is necessary to force entry, ERMU personnel will do so only with the Elk River Police Department's assistance. Neither ERMU, nor the City of Elk River, nor any employee or contractor employed by ERMU or the City, shall be liable to the property owner or other person or entity for any damage to the property as a result of the need to force entry into the property. A notice will be mailed and posted on any property where water has been shut-off without prior written notice advising that the owner or occupant may request a post shut-off hearing to contest the shut-off. The post shut- off hearing will follow the procedures set forth in Section 78-31(3).