[HISTORY: Adopted by the Town of Braintree ATM 5-10-1994
by Art. 44 (prior code Ch. 133). Amendments noted where applicable.]
[Amended ATM 5-15-2002 by Art. 47]
Pursuant to MGL c. 40, § 21E, the Board of Selectmen
is authorized to establish due dates for the payment of water and
sewer charges and bills, and if such charges remain unpaid after such
due dates, interest shall accrue. The rate of interest shall be equal
to the rate at which interest may be charged on tax bills under the
provisions of MGL c. 59, § 57.
[Added STM 10-5-2004 by Art. 20]
There will be a fee of $35 for each water meter reading performed
by the Town at the request of the customer for any reason, including
but not limited to meter inspections, sump pump inspection and so
called final readings for real estate transactions, said fee incorporated
on the final water and sewer invoice.
[Added STM 10-5-2004 by Art. 21]
The Town may shut off the flow of water from its mains or pipes
to the premises of any customer who has failed or refused to pay the
lawful charges of the Town for water previously consumed. The officers,
employees or agents of the Town may, on any business day between the
hours of 8:00 a.m. and 4:00 p.m., enter upon the premises of a customer
whose payments are in arrears and close a valve or remove or disconnect
a meter pipe or fitting, if necessary, for the purpose of shutting
off the flow of water as above authorized, provided that the customer
has been given 36 hours' notice in person or by registered or certified
mail directed to his last address furnished to the Town. If such address
is different from the address of the premises affected, a copy of
such notice shall also be so mailed to the address thereof. Upon entering
the premises to shut off water, the Town representative shall, before
shutoff, state to an occupant, if present, that service is to be shut
off.
[Added STM 10-5-2004 by Art. 21]
The Town shall not intentionally shut off the water service
to any domicile occupied by a person who is seriously ill if the Town
receives written notice from the Town Health Department or a registered
physician verifying the fact of such illness. Such certificates must
be renewed monthly during the course of such illness. The Town shall
not intentionally shut off service to any domicile occupied by a child
under the age 12 months if the Town receives certification from the
Town Health Department, clergy, registered physician, hospital or
government official, or birth certificate. The Town shall not intentionally
shut off service to any domicile in which all occupants are age 65
or older.
[Added STM 10-5-2004 by Art. 21]
The Town shall not shut off the flow of water to any residential
building in which the occupant thereof is not the customer of record
of the Town without first complying with the notice provision of § 13.04.030
and also providing notice to each affected dwelling unit in the manner
prescribed by the Water and Sewer Department regulations.
A.
Such notice shall contain the following information:
(1)
The amount then due and payable for such water service;
(2)
The date on or after which such service will be shut off, such date
to be not less than 15 nor more than 30 days after the day on which
such notice is first given;
(3)
The date on which said notice is given; and
(4)
The right of the occupants of such building to pay the amount due
or portion thereof as is prescribed by regulation and thereby avoid
a cessation of service.
B.
Any employee of the Town may at any reasonable time enter the common
hallways of such building to post or deliver said notice.
[Added STM 10-5-2004 by Art. 21; amended STM 10-3-2006 by
Art. 13]
A.
Service may be terminated only if:
(1)
A bill is not paid within 60 days from receipt;
(2)
The Town, not earlier than 45 days after the rendering of the
bill (i.e., first request for payment), renders a second request for
payment, stating its intention to terminate on a date not earlier
than 60 days after the receipt of the original bill;
(3)
The Town renders a final notice of termination not earlier than
60 days after receipt of the bill; and
(4)
The bill remains unpaid on the termination date indicated on
the notice.
B.
In no event shall service to a customer be terminated for failure
to pay a portion of any bill which is subject of a dispute which has
been made with the Town in accordance with any applicable regulations.
However, a customer shall be responsible for and accordingly shall
be subject to termination for nonpayment of any portion of any bill
which is not the subject of a dispute. All second requests and termination
notices shall be accompanied by a brief explanation of customer rights.
[Added STM 10-5-2004 by Art. 21]
The Board of Selectmen acting as the Water and Sewer Commissioners
may enact regulations under this chapter further regulating procedures
for the termination of service.
[Added STM 10-5-2004 by Art. 21]
There shall be a fee of $50 for the restoration of water service
after service has been terminated pursuant to this chapter, said $50
and unpaid water and sewer bill to be paid prior to the reconnection
of water service.
