Issues regarding utility rights and government abuse of power

[j_e_rogers]

I live in the state of Illinois. This morning I was awoken by my daughter because she said the water shut off in the middle of her shower. She was getting ready to go to school. I will admit that I ran into a problem with getting my bill paid several days ago and I ended up getting my water shutoff, but I took care of it immediately. They do shutoffs usually about 10 to 14 days after the bill is due. It is not something I am proud of, but I have been having trouble with depression due to the divorce, dui, and subsequent unemployment I am going through. It is tough to get around when you can't drive and you live in a rural area. When I paid my bill I didn't get my money transferred into the account I pay my bills from in time so then the check bounces. Instead of notifying me of the problem so I could make restitution (had cash in hand), the mayor issued an order to have my water shut off this morning. I received no advance notice nor was there any attempt. A very interesting factoid about this is that the mayor of the town I live in is also my ex brother-in-law. I immediately called him on his personal phone but he chose not to answer (an employee of his told me so). In the heat of the moment I left a heated message on his voice mail. I didn't threaten him but I used a choice word to describe him and told him what I thought about what he did. He showed up at my back door calling me outside (yes, he told my son to send me out) and then yelling that I should come outside and "face him like a man". He is known to be a bully and get physical with people at the drop of a hat, so it is at that point I warned him that I was calling the police and that he should remove himself from the premises. We yelled back and forth a few times and then he left. I did not file a police report, but the activity was logged. The officer informed me that it would be a conflict of interest for him to handle the problem anyhow. The employees at the town hall told me that he specifically shut the water off to harass me. They even told me he broke local ordinance procedure. I'm pretty sure state law covers this too. Do I have any recourse?

 

[FlyingRon]

What makes you think that they have to give a chronic delinquent payer any notice when you bounce checks with them? Getting the water shut off is the least of your problems, you would rightfully be up on criminal charges.

 

[ecmst12]

You intentionally bounced a check, you are lucky they only shut off your water instead of arresting you. You have been playing games with the utility service for a while now it sounds like, and they decided to stop messing around.

If you need financial assistance, there should be a program you can apply for through the utility company as well as probably several private charities in your area. Wouldn't that be a better idea than kiting checks?

 

[j_e_rogers]

I don't have a problem with that. I bounced a check, so I have no problem paying for my actions. Thanks for assuming I do it all the time. Extremely isolated incident. Yes, I have had problems paying this bill on time in the past. Not every month. I have had a few months over the last year where I was late and had to pay late fees. What the heck kind of legal advice is this? Make assumptions before asking any questions? The guy broke local and state law with how he handled the situation.

 

[Zigner]

The guy broke local and state law with how he handled the situation.

If you don't pay your bill, the water gets shut off. You are a chronic late payer.

 

[j_e_rogers]

Utility Shutoff
A utility may disconnect service when a customer fails to:

make a required deposit
pay a past due bill
make payments due under a deferred payment agreement
provide access to the meter after the utility has made a written request
otherwise comply with Illinois Commerce Commission rules.
83 Ill. Admin. Code 280.130.

Shutoff Notice
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.

 

[Zigner]

Utility Shutoff
A utility may disconnect service when a customer fails to:

make a required deposit
pay a past due bill
make payments due under a deferred payment agreement
provide access to the meter after the utility has made a written request
otherwise comply with Illinois Commerce Commission rules.
83 Ill. Admin. Code 280.130.

Shutoff Notice
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.

Fine - head on down to their office and ask to talk to their dispute resolution representative.

 

[j_e_rogers]

Am I interpreting the law incorrectly in the previous post? So yes, he could have had me arrested for the check which is a Class A Misdemeanor in Illinois. That still doesn't change the fact that he also broke a law, right?

 

[Zigner]

Am I interpreting the law incorrectly in the previous post? So yes, he could have had me arrested for the check which is a Class A Misdemeanor in Illinois. That still doesn't change the fact that he also broke a law, right?

I don't see it that way. Head on down to the office.

 

[ecmst12]

They must ATTEMPT to notify you. Not they must notify you.