5.4. ERMUSR 03-10-2009 - Laserfiche WebLink

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to the address no earlier than 15 days from the date of the last written notice or the posted notice, whichever is later. If a hearing is requested, it shall be held pursuant to Section 3 below. 2. Properties Vacant or With Other Utilities Shut-Off. a. April 15 to October 15. If ERMU shuts off electrical service to a property, receives notice that electric service or gas to a property has been shut off, or receives information that a property is vacant, between April 15 and October 15, and there is no delinquency on the water account, then ERMU shall mail notice to the account holder and shall post notice on the property stating that water service to the property will be shut off on October 15 unless the account holder provides evidence that electric and/or gas service has been restored or the account holder requests a hearing within 10 days of the notice. If a hearing is requested, it shall be held pursuant to Section 3 below. If no hearing is requested, water shall be shut-off on or about October 15th, pursuant to the procedures set forth in this Ordinance. b. October 15 to April 15. If ERMU shuts off electrical service to a property, receives notice that electric service or gas to a property has been shut-off, or receives information that a property is vacant, between October 15 and April 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.