(A) A utility deposit shall be refunded to a utility customer, subject to deductions as provided hereinafter, when the customer gives written notice to the Clerk-Treasure that he or she will cease to be a utility customer or that liability for utility bills will be transferred to another person, or when the town discontinues service (other than temporary disruption of service) to the customer for any reason. The affected customer must submit a claim for deposit refund to the Clerk-Treasurer. The refund shall be made within 30 days of the date when service is discontinued to the current customer; expect that, when the current customer is a property owner, and liability for utility bills is to be transferred to a renter, the refund shall not be made until such time as such renter has made his or her own deposit as required under § 50.20 of this chapter.
(B) Deposit refunds shall be reduced by the following amounts.
(1) If it is found that any previously owed utility bill or any amount owed by the current customer by virtue of the next succeeding monthly bill after the current customer has given notice and claimed a deposit refund has not been paid, along with any applicable delinquency charges, the amount of such bills and delinquency charges shall be deducted from the refund and transferred to the appropriate utility operation accounts.
(2) If it is found that the customer claiming the refund has, through misuse or negligence, caused or permitted to be caused by any person whom he or she has allowed to occupy or use his premises, any damage to meters or other property owned by the municipal utility, and for which damage the customer has not previously compensated the town, such amounts for repair or replacement shall be deducted from the refund: and, for purposes of this division (B)(2), the utility authorities shall have the right to inspect any utility property on the customer’s premises before a refund is made. Amounts deducted under this division (B)(2) shall be transferred and credited to the appropriate utility maintenance and depreciation fund.
(3) In the event that a deposit refund is not claimed by the customer within 30 days of the date on which service is discontinued to such customer, then from and after such 30 days a carrying charge shall be assessed against and deducted from the deposit equal to 8.333% per month of the original principal amount of such deposit remaining after deductions have been made under divisions (B)(1) and (B)(2) above, such deductions to continue until the deposit is exhausted. Any amounts deducted under this division (B)(2) shall be transferred and credited to the town’s General Fund.
(C) However, no amount deducted from a deposit under this section is necessarily intended to, nor shall be necessarily construed to, fully liquidate or discharge any greater amount owed to the extent not actually covered by the applicable deposit deduction, nor to bar the town from taking out liens on property or other legal actions to recover amounts owed to it and not recovered through utility deposit deductions.
(Prior Code, § 3-6-3) (Ord. 85-18C, passed - -1985)