The Vermont Statutes Online

Title 24 : Municipal and County Government

Chapter 129 : Uniform Water and Sewer Disconnect

• § 5142. Definitions

  For the purpose of this chapter:

  (1) “Selectboard” means the selectboard in the case of a town, the city council in the case of a city, the board of trustees in the case of an incorporated village, the prudential committee in the case of a fire district, or the board of commissioners in the case of a consolidated sewer or water district.

  (2) “Disconnection” means the deliberate interruption or disconnection of water or sewer service, or both, to a ratepayer by the servicing municipality for nonpayment of water or sewer charges.

  (3) “Delinquency” means failure of the ratepayer to tender payment for a valid bill or charge within 30 days of the postmark date of that bill or charge, or by a “due date” at least 30 days after mailing, which shall be clearly printed on the bill and which shall control in the absence of the postmark. A delinquency of sewer charges shall be considered a delinquency of water charges, if operated by the same municipal corporation.

  (4) “Hearing officer” means a person appointed pursuant to section 5147 of this chapter to act as a fact finder and to hear and investigate evidence, and to make recommendations to the selectboard for final determination of the dispute.

  (5) “Notice” means the written notice on the form prescribed in section 5144 of this chapter, sent within 40 days after delinquency and postmarked and sent not more than 20 days, nor less than 14 days prior to the disconnect of service.

  (6) “Physician’s certificate” means a written statement by a duly licensed medical practitioner certifying that a ratepayer or resident within the ratepayer’s household would suffer an immediate and serious health hazard by the disconnection of the utility’s service to that household. The certificate will be considered valid and in force for 30 days, or the duration of the hazard, whichever is less.

  (7) “Payment of a bill” means the receipt at the municipal office of cash, check, or money order which is subsequently honored.

  (8) “Business days” means Monday through Thursday, excluding legal holidays and any other time, or the day before such time, when municipal offices are not open to the public.

  (9) [Repealed.]

  (10) “Credit supervisor” is any person appointed by the selectboard to perform the functions of a credit supervisor under this chapter. Notwithstanding section 1524 of this title, the municipal tax collector may be appointed, but the fees provided under Title 32 for a tax collector do not apply to the collection procedure in this chapter. (Added 1977, No. 93; amended 1989, No. 45, § 8.)