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HomeMy WebLinkAbout2013-OR-511 ORDINANCE NO. OR -2013- '_-5-,7----_ AN ORDINANCE AUTHORIZING THE TERMINATION OF WATER SERVICES TO DELINQUENT SEWER USERS SUBJECT TO A WRITTEN AGREEMENT BETWEEN THE SANITARY SEWER BOARD AND INDIANA-AMERCICAN WATER COMPANY WHEREAS, the Common Council for the City of Jeffersonville, Clark County Indiana (hereinafter the "Council"), is City's statutory Fiscal and Legislative Bodies pursuant to Indiana Code; WHEREAS, Indiana Code 36-9-23-6(d) and Indiana Code 36-9-25-11.5(a) contract with a water utility through (e) provide that a city sanitary sewer board may municipality or by the public furnishing water service to users or property served in theas authorized by an utility to discontinue water service to delinquent sewer users, ordinance of the city council; WHEREAS, due to the high level of delinquent sewer users connected to the I system, the Council now finds and determines that it is in the fisca city s sanitary sewer best interest of the city that as an enforcement measure to collect unpaid sewer ees, the sanitary r sewer board is authorized to enter into an agreement with Indiana- American n ian Amenc sewer an Water Company for the termination of water services to delinque t sewer is users, as determined by the sanitary sewer board. A copy of which said Ag attached hereto as Exhibit "A"; not be shut off under WHEREAS, pursuant to Indiana Code, water service to the municipality that the ay this section if a local board of health has found and certified and others in the termination of water service will endanger the health of the user municipality. WHEREAS,to comply with the ruling of the Federal District Court for thed at ort Southern District of Indiana in the case of Wa t v. Town of Crothersv►ladr poral appeal 2012 US Dist LEXIS 45089, the Council shall provide its sewer outstanding bill due and rights in the event of a disconnect notice for failure to pay owing, as set forth in the following provisions; al WHEREAS, a person owing an unpaid water or sewer bill d say appewriting, al inotice,n within seven (7) business days after the date of the mailing of a to the Wastewater Department Director for an extension of the date when water service become subject to discontinuation, setting forth in detail the extraordinary cannot be fully would 1 hardship or other unavoidable circumstances whereby the delinquenbillas the ha p paid within the allowed period. The Wastewater Department Director, request, acting whole or may grant or deny suchq Hearing Officer for the extension request, partial payment of the delinquent bill in return in part. The Hearing Officer may req for granting an extension. WHEREAS,_a person owing an unpaid water or sewer bill may appeal the determination of the Wastewater Director in writing to the Sanitary Sewer Board acting in its capacity as the Governing Board of the Wastewater Department. 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 Wastewater Superintendent was arbitrary or capricious. The Sanitary Sewer Board shall consider such appeal at its next regularly scheduled Board meeting. Any contemplated discontinuation of water service shall be deferred pending the determination of the appeal by the Sanitary Sewer Board. The Sanitary Sewer Board 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. NOW, THEREFORE, BE IT ORDAINED by the Common Council: 1. That the Sanitary Sewer Board is hereby authorized to enter into an Agreement with Indiana -American Water Company for the termination of water services to delinquent sewer users as set forth above and as set forth in the Agreement attached hereto as Exhibit "A". 2. That the city's sewer users are afforded certain appeal rights as set forth above. 3. That 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. 4. That this Ordinance shall be in full force and effect from and after its passage and approval. Voted For: fArmS��6 ' 2 Voted Against: APPROVED AND ORDAINED by the Common Council dy4 day of of the City of Jeffersonville, Clark County, Indiana, upon this --- � .�nr c►l' 2013. ATTEST: Am I Ii Vicki Conlin, Clerk City of Jeffersonville Connie Sellers, President Jeffersonville Common Council PRESENTED by me to the Mayor of the City of Jeffersonville Clark County, Indiana _ day of 1 , 2013. upon this Vicki Conlin, Clerk City of Jeffersonville SIGNED and APPROVED by me upon this 3 _. 2013. Mike Moore, Mayor