A. 
Notice to Department. A customer may have his or her water service discontinued by notifying the Department at least 48 hours in advance of the desired date of discontinuance. Water charges to that date will be billed the owner at the next regular billing date.
B. 
Effect of failure to notify Department. If the Department is not made aware of such discontinuance of service, the owner will be required to pay the customary and usual charges covering a time period to the date the Department may reasonably terminate service following notification.
The Department may refuse or discontinue service for any of the following reasons:
A. 
Nonpayment of bills or charges: any bill or charge due the Department becomes delinquent.
[Amended 3-15-2016 by L.L. No. 1-2016]
B. 
Willful waste; use of unsafe equipment, etc.: for willful waste or where apparatus, appliances or equipment using water are dangerous, unsafe or not in conformity with laws or ordinance. The Department does not assume liability for inspecting apparatus on customer's property. The Department does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use.
C. 
Excessive demand: where demand is greatly in excess of past average or seasonal use and where such excessive demand by one customer is or may be deemed detrimental or injurious to service furnished other customers.
D. 
Use of water through branch connections, etc.: for use of water other than requested in the application or through branch connections on the street side of a meter.
E. 
Damage to Department equipment: for damaging any service pipe, seal, meter or other appurtenance owned or maintained by the Department.
F. 
Cross-connections: for cross-connections with pipe carrying water supplied by the Department with another source of supply or with apparatus which may endanger the quality of the public water supply or for any violation of the Sanitary Code of the State of New York.
G. 
Refusing access to property: for refusal of reasonable access to the property for the purposes of inspection of fixtures or piping or for reading, testing or removing meters.
H. 
Submetering or reselling water: for submetering or reselling water.
I. 
Protection of Department: to protect the Department against fraud and abuse.
J. 
Wasteful or negligent use of water: where water is wastefully used or negligently used on a customer's premises, seriously affecting the general use.
K. 
Failure to comply with Part 1 regulations. The Department may, unless otherwise provided, discontinue water service to a customer for noncompliance with any of the regulations established in this Part 1 if the customer fails to comply with such regulations within five days after receiving written notice. If such noncompliance affects matters of health and safety and conditions warrant, the Department may discontinue water service immediately and without notice.
[Added 3-15-2016 by L.L. No. 1-2016[1]]
A. 
Nonemergency situations. In the event of shutoff for nonpayment or violation of these rules and regulations not constituting an emergency, written notice shall be sent, prior to shutoff, by certified mail to the owners of the premises as shown by the latest assessment rolls of the Village of Johnson City. Notice shall also be conspicuously posted on the front door of the building. Each notice shall be postmarked and posted not less than 15 days prior to shutoff. The notice shall include the anticipated date the water will be shutoff, the reason for the shutoff, and it shall notify the property owners and tenants of their right to request a hearing. The Village may in its discretion provide additional notice, but failure to do so does not preclude shutoff. It is understood and agreed, however, the Village is not liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatsoever, even in cases where no notice is given.
B. 
Emergency situations. In the event of shutoff for nonpayment or violation of these rules and regulations constituting an imminent danger to the health, safety and welfare of those residing or utilizing the premises, or to the water supply or water system, in the Department's reasonable discretion, written notice shall be sent as soon as practicable after shutoff, by certified mail, to the owners of the premises as shown by the latest assessment rolls of the Village of Johnson City. Notice shall also be conspicuously posted as soon as practicable after shutoff on the front door of the building. The notice shall include the Department's basis for its determination of an imminent danger, the reason for the shutoff, and it shall notify the property owners and tenants of their right to request a hearing. The Village may in its discretion provide additional notice, but failure to do so does not preclude shutoff. It is understood and agreed, however, the Village is not liable for any damage which may result to any person or premises from the shutting off of the water from any main or service for any purpose whatsoever.
[1]
Editor's Note: This local law also renumbered former § 270-92 as § 270-96.
[Added 3-15-2016 by L.L. No. 1-2016]
Upon receiving a shutoff notice either through the mail or posted on the front door of the building, a property owner or tenant of the premises may request a hearing in writing and sent by certified mail to the Village Clerk-Treasurer within the periods indicated herein.
A. 
Nonemergency situation: not less than five days prior to the shutoff date listed on the notice.
B. 
Emergency situation: within 10 days of the notice's posting on the front door of the building.
[Added 3-15-2016 by L.L. No. 1-2016]
The Village Mayor shall designate a hearing officer who will conduct the hearing and make a decision, in writing, as to whether the shutoff at the premises shall go forward or continue, as the case may be. The hearing shall be scheduled by the hearing officer within 30 days of the date the Village receives the hearing request. Written notice of the hearing date shall be provided to the party requesting the hearing, and shall also be provided to the property owner, if different. The hearing officer shall not be bound by the technical rules of evidence. The parties shall have the right to submit relevant evidence, which shall be afforded the appropriate weight by the hearing officer. The hearing officer shall have discretion to make decisions on a case-by-case basis. The hearing officer shall issue a written decision that must be sent regular class mail within 15 days from the date of the hearing to the property owner and tenants who appeared at the hearing. In a nonemergency situation, in the event that the decision is to move forward with the water shutoff, the decision shall provide a date when the Department will shut off the water at the property, and a new shutoff date will be posted at the property.
[Added 3-15-2016 by L.L. No. 1-2016]
Whenever the water supply has been shut off for a failure to comply with these rules and regulations, it shall not again be turned on, except by the Department, until compliance is made with these rules and regulations in the matter leading to shutoff, and/or payment of all sums owed and outstanding is made to the Department.