Archive for August, 2012

Aug 04 2012

Profile Image of admin

New Ordinance to Appeal “Utility Disconnect Notices”

Filed under General Info

ORDINANCE NO. 2012-4

AN ORDINANCE ESTABLISHING A PROCEDURE FOR GRANTING USERS OF THE MUNICIPAL UTILITIES SYSTEM OF THE TOWN OF NORTH SALEM, INDIANA, CERTAIN APPEAL RIGHTS AS TO DISCONNECT NOTICES

            BE IT ORDAINED by the Town of North Salem, Hendricks County, Indiana, that:

            WHEREAS, the Town Council of the Town of North Salem, Indiana, has heretofore constructed and has in operation a water treatment facility for the purpose of providing potable water to its citizens; and

WHEREAS, the Town Council acts as the governing board of the Town’s Water Corporation; and

WHEREAS, the Town Council finds that the current ordinances and policies of the Town’s Water Utility do not comply with the apparent ruling of the Federal District Court for the Southern District of Indiana in the case of Wayt v. Town of Crothersville reported at 2012 US Dist LEXIS 45089; and

WHEREAS, the Town Council wishes to comply with the Wayt Ruling by affording its Utility Users additional appeal rights in the event of a disconnect notice for failure to pay the outstanding bill due and owing;

NOW, THEREFORE, by the powers vested in the Town Council of the Town of North Salem, Hendricks County, Indiana, it is hereby:

            ORDERED AND ORDAINED:

            Section 1:  Section 50.18(B)(2) of the North Salem Municipal Code is hereby amended and restated as follows:

NSMC  50.18(B)(2)

Sec. (B)(2):  A person owing an unpaid water or sewer bill may appeal in writing to the Clerk-Treasurer for an extension of the date when water service would become subject to discontinuation, setting forth in detail the extraordinary hardship or other unavoidable circumstances whereby the delinquent bill cannot be fully paid within the allowed period.  The Clerk-Treasurer, acting as the Hearing Officer for the extension request, may grant or deny such request, in whole or in part.  The Hearing Officer may require partial payment of the delinquent bill in return for granting an extension. 

           

                       

 

           

Section 2:  Section 50.18(B)(3) of the North Salem Municipal Code is hereby added to the  Code and shall read as follows:

 

NSMC  50.18(B)(3)

Sec. (B)(3):  A person owing an unpaid water or sewer bill may appeal the determination of the Clerk-Treasurer in writing to the Town Council acting in its capacity as the Governing Board of the North Salem Water Corporation.  The written appeal request shall set forth in detail 1)  the extraordinary hardship or other unavoidable circumstances whereby the delinquent bill cannot be fully paid within the allowed period, 2)  the specific relief requested, and 3)  the reason(s) that the person owing an unpaid water or sewer bill believes that the adverse determination of the Clerk-Treasurer was arbitrary or capricious.  The Town Council shall consider such appeal at its next regularly scheduled Town Council meeting.  Any contemplated discontinuation of water service shall be deferred pending the determination of the appeal by the Town Council.  The Town Council in its appeal determination may 1) deny the appeal, or 2) grant the appeal in whole or in part, and 3) may require partial payment of the delinquent bill in return for granting an extension.  Upon denial of the appeal the delinquent user shall be given 48 hours’ notice of the appeal denial prior to the discontinuation of water service.    

Section 3:  The North Salem Town Council further directs that a Resolution be passed by the Council specifically setting the forth the form of the Notice contemplated by the terms of NSMC 50.18(A) which Notice shall be delivered pursuant to the terms of NSMC 50.18(A) to a person owing an unpaid water or sewer bill and whose water service is subject to discontinuation.

Section 4: 

ADMINISTRATIVE PROVISIONS

 

Sec. 1:             If any provision of this Ordinance shall be held invalid, the invalidity thereof shall not affect any other provisions of this Ordinance that can be given effect without the invalid provision, and for this purpose the provisions of this Ordinance are hereby declared to be severable.

 

Sec. 2:             All prior ordinances and North Salem Municipal Code provisions on this subject are hereby repealed to the extent they are inconsistent herewith.  All prior ordinances and North Salem Municipal Code provisions on this subject that are not amended by this ordinance shall remain in full force and effect.

Sec. 3:             This Ordinance shall be in full force and effect from and after its passage and shall apply to all billing periods following passage of this ordinance.

SAID ORDINANCE IS HEREBY PASSED AND ADOPTED THIS __2___ DAY

OF ___August_____________, 2012.

                                                                                  Rebecca Compton                            

                                                                                   Mike Russell                                      

                                                                                    Mike Selch                                         

 

Constituting a majority of the members of the Town Council of the

Town of North Salem, Indiana

ATTEST:

                                                           

Beth Russell, Clerk-Treasurer

For the Town of North Salem, Indiana

No responses yet

« Newer Posts