(A) The Board of Public Works shall have the right to discontinue utility services and remove its properties if the charges for the services are not paid within seven working days after the date that the charges become delinquent. Before any termination, the Board of Public Works shall first give notice by first-class mail or in person to any domestic subscriber whose service is proposed to be terminated. If notice is given by first-class mail, the mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days, weekends and holidays excluded after notice is sent or given. As to any subscriber who has previously been identified as a welfare recipient to the city by the Department of Health and Human Services, the notice shall be by certified mail and notice of the proposed termination shall be given to the Department of Health and Human Services.
(B) The notice shall contain the following information:
(1) The reason for the proposed disconnection;
(2) A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the Board of Public Works regarding payment of the bill;
(3) The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;
(4) The name, address and telephone number of the employee or department to whom the domestic subscriber may address any inquiry or complaint;
(5) The domestic subscriber’s right, prior to the disconnection date, to request a conference regarding any dispute over the proposed disconnection;
(6) A statement that the Board of Public Works may not disconnect service pending the conclusion of the conference;
(7) A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician’s certificate which shall certify that the domestic subscriber of resident within the subscriber’s household has an existing illness or handicap which would cause the subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility’s service to that household. The certificate shall be filed with the Board of Public Works within five days of receiving notice under this section and will prevent the disconnection of the Board of Public Works services for a period of 30 days from the filing. Only one postponement of disconnection shall be allowed under this division (B)(7) for each incidence of nonpayment of any due account;
(8) The cost that will be borne by the domestic subscriber for restoration of service;
(9) A statement that the domestic subscriber may arrange with the Board of Public Works for an installment payment plan;
(10) A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and
(11) Any additional information not inconsistent with this section which has received prior approval form the Board of Public Works.
(C) A domestic subscriber may dispute the proposed discontinuance of service by notifying the Board of Public Works with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the Board of Public Works may discontinue services.
(D) The procedures adopted by the Board of Public Works for resolving utility bills, three copies of which are on file in the office of the Board of Public Works, are hereby incorporated by reference in addition to any amendments thereto and are made a part of this section as though set out in full.
(E) This section shall not apply to any disconnections or interruptions of services made necessary by the Board of Public Works for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Prior Code, § 3-723)
Statutory reference:
Related provisions, see Neb. RS 70-1602 et seq.