Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Utilities topic
No spam. Unsubscribe anytime.
Kincaid trustees plan review of water shut-off ordinance after due-process concern
Summary
Trustees agreed to revisit the village's water shut-off ordinance after a member said a court ruling raised due-process issues; commenters and trustees clarified it is illegal to shut off water for ordinance violations rather than unpaid bills.
Trustee Paso told the committee that a prior court matter suggested the village's water shut-off process may have violated residents' due-process rights and recommended redacting and rewriting the ordinance.
Paso said she has notes and would like to replace the existing language, proposing a 14‑day timeline for reconnect analysis and asking the attorney how to proceed. She also discussed a reconnect fee structure described in the meeting as $100 total (about $50 to shut off and $50 to turn on) and raised the idea of a voluntary 'round up' fund to help residents in short-term hardship.
During visitors the point was picked up directly: John Durbin asked whether it islegal to shut off someone’s water for an ordinance violation. Kip answered that the board 'learned that the hard way' and said it is legal to shut off water for nonpayment of bills but not for ordinance violations; trustees said they would not order shut-offs for ordinance violations while Kip is on the board. The group agreed to consult the village attorney about reworking the ordinance language and procedures.
No ordinance amendment vote occurred at the meeting; trustees said they will seek legal guidance and redraft the ordinance in a future session.
