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Sam
Sam, Attorney at Law
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Can a city or village turn off utilities if you are a disabled

Resolved Question:

Can a city or village turn off utilities if you are a disabled person,water ,electric,gas,and,phone.if they can how much notice do they have to give,and for what reasons?
Submitted: 4 years ago.
Category: Legal
Expert:  Sam replied 4 years ago.

hi

 

yes, they can do a turn off - though i don't understand why they are threatening to do so if your bills are to date - unless it is because there is a water moritorium.

 

the utility must give written notice to the customer of a shutoff. the utility cannot act on a notice after 40 days without issuing a new notice. at the time of shutoff the utility must attempt to contact the customer to inform him of the shutoff.

 

shutoff cannot occur after 2:00 p.m. unless the utility agrees to reconnect that same day for a standard charge. shutoff cannot occur on weekends or holidays unless reconnection is also available on those days.

 

The ICC rules include the required form utility shutoff notice. 83 Ill. Admin. Code 280 Appendix A.

 

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21753
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
what's a water moratorium? do they have to tell you how long they will shut the water off if it doesnt have to do with not paying the bills? are there accommodations for people with disabilities?
Expert:  Sam replied 4 years ago.

hi

 

if the city imposes limits on how much water can be used then that is a moratorium. so if they believe you have a leak they can shut it off for certain period of time. but they need to give you notice of 10 days before shut off.

 

there is nothing about not being able to shut it off because of a disability.

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21753
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
do they need to prove we have a leak? Or can they just say we have one?
Expert:  Sam replied 4 years ago.

hi

 

if there is a moratorium and your water usage is higher than it should be they can shut it off for awhile. or those who are proved to be using the water when it is not to be in use or for things such as washing vehicles or watering lawns can be fined. if they suspect you have a leak they do not need to prove that. they only need to show that your water usage is above what it should be.

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21753
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
they say my leak is before the meter.we use hardly any water except regular use.can they say we have a leak with no evidance? and still shut off water?
Expert:  Sam replied 4 years ago.

hi

 

again, they will need proof of something - that your water usage is out of league and/or that it is due to a leak before it is shut off - and they need to give you notice. once you get that notice, you can appeal or contact the Illinois Commerce Commission and file a complaint - here is that contact information

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21753
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you
Customer: replied 4 years ago.
The village thretened to turn off our water in 5 days on the past long holliday weekend.we have the letter. was that legal ?If they didnt do it? Is it ok to intimidate people like that?
Expert:  Sam replied 4 years ago.

hi

 

shutoff cannot occur on weekends or holidays unless reconnection is also available on those days. therefore they did not give the proper notice nor could they have legally shut it off. no, they should not be intimidating you or anyone else in this matter.

 

i suggest you file a complaint against them

Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21753
Experience: 20 years of experience practicing law.
Sam and 6 other Legal Specialists are ready to help you

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