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Table of Contents
 Utility Service Termination Policy Introduction
Billing Due Date
Notice Procedures
Extended Payment Plan
Repairs
Voluntary Termination of Service
Disconnection Procedures
Hearing Procedures
Non-Discrimination Against Consumers
Reconnection After Disconnect for Non-Payment
Definitions
Downloadable Forms
Utility Service Termination Policy Introduction
Utility service to residential premises may be disconnected or terminated (hereafter disconnection) by the Village of Seville Board of Public Affairs (hereafter BOPA) only for the following reasons:
A. Non-payment;
B. Emergencies and repairs; and
C. Voluntary request by the customer (and consumer if different than the customer).
Disconnections other than for emergency repairs and by voluntary request (of both customer and consumer if applicable) may not occur without proper notice and opportunity to be heard. Rules are hereby adopted and incorporated into this Policy to ensure that clear standards exist for providing such notice and opportunity. All Board of Public Affairs employees and Village officials shall fully comply with these rules.
Billing Due Date
Bills for utility services shall be due on or before the close of regular business on the 5th day of the month following the billing month.
Notice Procedures
Written notice of proposed disconnection of any Village-provided utility service for any reason other than for voluntary disconnection or emergency repairs must be delivered by the BOPA at least ten(10) days, but no more than fourteen(14) days, prior to the proposed disconnection. In the event the Medina County Human Services Department requests notice of disconnection, a copy of the disconnect notice shall be mailed to the Medina County Human Services Department at 144 N. Broadway, Medina, Ohio 44256. Notices of disconnection shall be dated and a copy of any notice sent shall be retained by the BOPA in the business file relating to the file referred to in the notice.
Disconnection notices shall clearly and conspicuously advise the intended recipient of each of the following facts:
A. The account number and service address.
B. The proposed date of disconnection.
C. The reason for the proposed disconnection, including (if applicable) the amount claimed to be due; the location and hours at which payment in person can be made; the acceptable means of payment; and the minimum payment which is necessary to avoid disconnection, provided such payment is tendered before disconnection.
D. A notice that a consumer may avoid disconnection by paying current charges and assuming responsibility of all future charges if the customer owing the current balance does not reside at the service address with the consumer.
E. An outline of rights and remedies available, including:
1. Extended payment plan available to qualified customers/consumers.
2. Government programs for assistance, such as HEAP.
3. Medical condition exemption.
4. Customer or consumer has the right to a hearing to contest the reasons for the proposed disconnection and that, if a hearing is requested, the disconnection will not take place until the hearing process is complete.
F. The name, title, address, telephone number and business hours during which the BOPA customer service representative may be contacted to request a hearing, explore payment alternatives or special considerations and hardship cases, or to assume responsibility for future utility charges.
Disconnection notices shall be delivered in one or both of the following manners:
1. U.S. Mail: by first class mail, postage pre-paid, delivered to the U.S. postal authorities in sufficient time to reasonably assure delivery within policy time limits. The BOPA employee performing mail delivery of a disconnection notice shall note the date, time and mail receptacle location at which the first class mail was delivered.
2. Residence delivery: timely delivery of the disconnection notice by a BOPA employee or law enforcement officer of the Village delivered to an adult person residing at the service address. The BOPA employee or Village officer delivering a disconnection notice by personal residence delivery shall record upon the BOPA file copy of the notice his or her identity and the date, time and identity of the person to whom notice was delivered.
No disconnection of utility service is permitted except after strict compliance with the provisions of this Policy.
Extended Payment Plan
In order to permit the continuation of utility service to a service address at which the account is past due, the customer or consumer may apply to the BOPA for an extended payment plan. An application is to be provided to the consumer to obtain the data necessary for decision and implementation of any plan. (Appendix 1).
A consumer qualifies if:
1. Is on General Relief or Aid to Dependant Children; or
2. Qualifies for Home Energy Assistance Program; or
3. Qualifies for Ohio Energy Credits (65 or older or permanently and totally disabled); or
4. Has a Medical Certification signed by a licensed physician substantially in the form provided by the BOPA.
5. Other extenuating circumstances warranting Board consideration and approval.
Extended Payment Plan Requirements
A consumer who is accepted under an Extended Payment Plan must pay all utility service charges in accordance with the terms of the BOPA-approved Extended Payment Plan. Failure to comply with this schedule may result in termination as provided for in the Utilities Collection Procedure Manual.
Repairs
If a service address must be temporarily disconnected for the purpose of repairs within the service address, the disconnection request must be made in writing by the customer who is contractually obligated to the BOPA to pay for service at the service address. If the service address is not occupied by the customer, a disconnection request for the purpose of repairs shall not be processed unless it is also approved in writing by an adult person residing at the service address affected by the disconnection (consumer). A copy of such disconnection request shall be retained in the BOPA business records relating to the service address affected. The BOPA shall reconnect service which has been disconnected for repair purposes upon demand of either the customer or the consumer, provided such may be done in a safe manner.
Voluntary Termination of Service
Requests for voluntary disconnection of utility service shall be made at:
The Offices of The Village Board of Public Affairs, 44 West Main Street, Seville, Ohio.
All requests shall be made in writing on approved application forms available at the BOPA office. If the service address is different than the customers billing address, or if there is reason to believe that the service address may be occupied by one other than the customer or in addition to the customer, no disconnection will be processed until (1) a disconnection request application is signed by an adult who actually resides at the service address to be disconnected, or (2) a BOPA employee personally confirms that the service address is not occupied.
In the event a service address slated for voluntary termination is purportedly unoccupied, the BOPA employee performing verification of vacancy shall make reasonable efforts to confirm that the service address is not occupied, including, but not necessarily limited to, visual observation of the premises, contacting other utility providers, and consulting with neighbors or known relatives. The BOPA employee performing verification shall note in writing his or her identity, the date and time of the verification visit, and the efforts utilized to determine the occupancy status of the premises, together with his or her conclusions as to occupancy. Such notations and all request forms and all voluntary termination applications submitted under this provision shall be retained in the business file kept by the BOPA relating to the service address so affected.
The BOPA will reconnect service upon demand by an adult consumer affected by voluntary disconnection if this provision of the Policy is not complied with or if verification of vacancy is in error.
Disconnection Procedures
Disconnection of utility service shall not occur after 12:30 p.m. on any day which precedes a holiday or weekend, or any other day on which all services necessary to reconnect service are not available. All disconnection of service shall be documented by a written service order approved in writing by the Superintendent of the BOPA, recording the date, time, and identity of the BOPA employee effectuating disconnection. Such documentation shall be retained in the business file kept by BOPA relating to the service address so affected.
Any BOPA employee disconnecting service because of non-payment shall be authorized to accept full payment of amounts necessary to avoid disconnection, and to provide a receipt for payment so as to avoid disconnection. In the alternative, if such employee is not so authorized, he/she must be able to dispatch an employee to the premises in a timely manner who can accept payment and avoid disconnection.
No BOPA employee dispatched to disconnect service shall disconnect service until he/she makes reasonable efforts to personally contact the occupants, if any, of each service address to be affected (1) to advise of the disconnection, and (2) to verify the propriety of the disconnection. Reasonable efforts shall include, but not necessarily be limited to, knocking on the door or doors of each household at the service address, or otherwise attempting to gain the attention of any occupants. If the BOPA employee makes personal contact with the occupants of the service address, and then verifies the propriety of the disconnection, the BOPA employee shall deliver to the occupant(s) a disconnection notice which shall clearly and conspicuously advise the occupant(s) of:
A. The date and time of the termination of service;
B. The reason for termination of service;
C. If the termination is for non-payment, the amount of arrearage and any reconnection fee and deposit to have service re-established;
D. The location and business hours of the BOPA at which payment can be made to obtain reconnection;
E. The office address, telephone number, and hours during which a BOPA representative may be contacted to discuss reconnection;
F. The consumer's ability to obtain utility service in their own account, if service was terminated due to non-payment of utility charges by a customer who does not reside in the service address; and,
G. The consumer's or customer's right to a hearing to contest disconnection or a refusal to reconnect service. (Such request shall not necessarily postpone disconnection.)
If a BOPA employees efforts to make personal contact with any occupants of the service address immediately prior to disconnection of service are not successful, the BOPA employee shall post the disconnection notice in a prominent place at the entry to each service address affected by disconnection. The BOPA employee shall document on the service order the efforts made to personally contact the occupants prior to disconnection and the delivery of the disconnection notice, including the date and time such acts were performed and his/her identity.
Hearing Procedures
The BOPA President (or designee) is authorized and required (when good cause is shown) to compromise and adjust billings; negotiate, defer and compromise disputes as to BOPA requirements or payment demands; and to cancel disconnection and/or order reconnection. The BOPA President shall strive to secure reasonable alternate methods of payment or reasonable security for payment in order to preserve utility service, and shall maintain residential utility service without discrimination. The Office Manager shall be familiar with, and be able to advise, utility customers and consumers of agencies, resources, and programs locally available to assist in the payment of utility bills. The BOPA President or designee shall preside at hearings held pursuant to this section.
Customers or consumers of utility service who wish to contest a refusal of service, a billing, or a proposed disconnection of utility service (hereafter "aggrieved persons") shall be afforded a due process opportunity to contest the BOPA's action or inaction. Due process shall include the right to a face-to-face hearing with the Superintendent, at which the aggrieved person may: (1) have the assistance of others, and (2) present documentary and/or oral information for the President's consideration. Aggrieved persons initiate the hearing process by filing a Hearing Request with the BOPA (Appendix 2) which form shall be available at the BOPA office. Aggrieved persons shall be entitled to reasonable access to BOPA business records concerning the service address in order to prepare for the hearing, which includes the right to obtain copies of requested documents upon payment of the actual cost of copying. The BOPA President shall make a written decision after the hearing, which shall include the reasons for the decision. A copy of the decision shall be delivered to the aggrieved person and a copy retained in the business files kept by the BOPA relating to the service address affected by the hearing.
Due process hearings shall be held within a reasonable time after a written request for a hearing has been made, but will not be held so quickly as to deny the aggrieved person an adequate opportunity to seek assistance or to prepare for the hearing, in light of the aggrieved person's circumstances. Five (5) business days shall generally constitute a reasonable time. The hearing decision shall be delivered to the aggrieved person within a reasonable time after the hearing. If a hearing is requested to contest disconnection of service for reasons other than emergency repairs, no disconnection may occur until at least seventy-two (72) hours after the hearing decision has been delivered to the aggrieved person who requested the hearing.
Non-Discrimination Against Consumers
If service is disconnected, or if disconnection is proposed due to non-payment of service charges by a customer who does not reside in the affected service address, an adult consumer of utility services at said address shall have the right to avoid disconnection or obtain reconnection if the consumer pays that portion of the bill that is past due, posts the required deposit, and assumes responsibility for payment of future charges for service provided at the service address by signing an application supplied by BOPA. Consumer assumption does not relieve the customer of contractual liability for charges incurred. The assumption obligation shall terminate upon the consumer's delivery to the BOPA of a written notice canceling that assumption.
Reconnection After Disconnect for Non-Payment
No reconnection shall be made until the delinquent service address account is paid in full to date, including all return check charges and reconnection fees. A customer or consumer who desires reconnection of service may apply for reconnection at the BOPA office. A reconnection fee of Forty Dollars ($40.00) is charged if made during regular working hours of the Utilities Department, and a fee of Seventy Dollars ($70.00) is charged if reconnection is made after regular working hours of the Utilities Department.
If the consumer is disabled or otherwise unable to go to the BOPA office during regular business hours to arrange for reconnection and payment of the charges due, arrangements can be made with the BOPA Office Manager for payment on-site of all charges due. An authorized BOPA employee may accept payment of the amount due at the service address and issue a receipt. All funds received shall be delivered immediately to the BOPA office.
Definitions
"BOPA" - The Board of Trustees of Public Affairs of the Village of Seville.
"Consumer" - An occupant of a utility service address.
"Customer" - Owner of a utility service address.
"Office Manager" - The Board of Public Affairs employee designated to manage office matters, including utility accounts.
"Superintendent" - The Superintendent of the Board of Public Affairs.
"Utilities" - As used in this policy, the term Utilities@ shall refer to water, sanitary sewer, storm sewer, and electric service.
"Utility Service Address" - the residence to which utility services are delivered by the Board of Public Affairs.
Downloadable Forms
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