§ 52.24 SERVICE DEPOSITS.
   (A)   Residential - owner occupied. Any owner-occupied structure serviced by the utility, shall pay a service deposit of $25 against the non-payment of bills for service. To be classified as an owner, applicants name must be listed on the deed of the property. Purchasing on a land contract does not qualify as owner.
   (B)   Residential - renter occupied.
      (1)   Any renter-occupied structure serviced by the utility, shall pay a service deposit of $150 against the non-payment of bills for service. Applicants name must be listed on the signed lease for the electric service to be placed in the applicants name.
      (2)   The service deposit, where chargeable, shall be applied against the final bill when service has been terminated. Any outstanding credit balance shall be refunded to the customer, and any outstanding debit balance shall be billed to the customer.
      (3)   Applicable to non-residential customers.
         (a)   The utility may require from any applicant or customer, as a guarantee against the non-payment of bills, a service deposit equal to the amount payable for service for a 60-day period as estimated by the utility, but not less than $100 for nonresidential, excluding large power and $250 for large power. In all cases, where the monthly amount payable is in excess of that covered by the service deposit, the utility may increase the amount of deposit required, but such service deposit shall not exceed the estimated amount payable for a 60-day period.
         (b)   Any customer who has failed to pay all charges for service rendered within the specified payment period may be required, upon five days written notice, to make a cash deposit in the amount equal to an estimated charge for four billing periods for the premises served. If such cash deposit is not made within the five day period, disconnection may be made.
         (c)   The utility may, but shall not be required, to apply the customer's service deposit to payment of electric bills or any other charge.
   (C)   Service deposit refund.
      (1)   The Clerk-Treasurer shall be authorized to return the service deposit of any residential utility customer of the town upon the establishment of a good record for making monthly utility payments on the part of such customer as follows: in the case of a homeowner, timely payment when due of all monthly town utility bills for a period of 12 consecutive months and, in the case of a renter of residential property, timely payment when due of all monthly town utility bills for a period of 24 consecutive months. Such customer must make written application to the Clerk-Treasurer in order to be eligible for a refund of his or her utility deposit.
      (2)   In the case of a resident of the town, whether a homeowner or renter who has established a good record of payment of his or her town utility bills but who has moved his or her residence to another location within the town, the service deposit requirement may be waived, but only upon application to and approval by the Town Council.
      (3)   For any property upon which the service deposit has been refunded or waived and thereafter utility services are disconnected for delinquent payment, then a new service deposit and reconnection charge will be required before utility service will be re-established.
   (D)   The Utility may, but shall not be required, to apply the customer's service deposit to payment of electric bills or any other charge.
   (E)   The service deposit, where chargeable, shall be applied against the final bill when service has been terminated. Any outstanding credit balance shall be refunded to the customer, and any outstanding debit balance shall be billed to the customer.
   (F)   Any service deposit made by the customer (less any lawful deductions) which has remained unclaimed for seven years after the town has made diligent efforts to locate the person who made such deposit or the heirs of such person, shall be presumed to be abandoned and treated in accordance with the laws of the State of Indiana.
(Ord. 2018-1, passed 3-21-2018)