§ 50.37 CONDITIONS UNDER WHICH GAS SERVICE MAY BE DISCONTINUED.
   (A)    The city may discontinue gas service for nonpayment of bills after ten days' notice. However, no utility shall discontinue service to any customer for nonpayment of bills (including delayed charges) without first having made a reasonable effort to induce the customer to pay same. The customer shall be given at least ten days' written notice, but the cut-off shall not be effected before 21 days after the mailing date of the original bill. The termination notice shall be exclusive of and separate from the original bill. If prior to discontinuance of service, there is delivered to the utility office payment of the amount in arrears, then discontinuance of service shall not be made, or where a written certificate is filed signed by a physician, a registered nurse, or a public health officer stating that, in the opinion of the person making the certificate, discontinuance of the service will aggravate an existing illness or infirmity on the affected premises, service shall not be discontinued until the affected resident can make other living arrangements or until 30 days elapse from the time of the utility's notification to the customer in writing of the existence of local, state, and federal programs, providing for the payment of utility bills under certain conditions and of the offices to contact for possible assistance. The written notice for any discontinuance of service shall advise the customer of his rights under this division and of his right to dispute the reasons for the discontinuance.
   (B)    The city will accept partial payments of utility bills only until the cut-off date of the bill in question. Any balance due and unpaid on the cut-off date shall cause the entire account to be deemed delinquent and the service shall be cut off.
   (C)    Federal and statewide energy assistance programs are administered by the Kentucky Cabinet for Human Resources, Department for Social Insurance. Upon written certification from one of its offices a customer who is eligible for energy assistance under the Department's guidelines or is certified as being in genuine financial need, defined as any household with gross income at or below 130% of the poverty level, and who has been given a ten-day notice for nonpayment of a gas or electric bill rendered between December l and March l, and who presents the notice to the Department for Social Insurance may be allowed 30 days in addition to a ten-day period in which to negotiate a partial payment plan with the utility provided such certification is delivered to the Clerk during the initial ten-day notice period by the applicant in person, by his agent, by mail, or by a telephone call from an employee of the Department for Social Insurance. The 30-day period shall begin to run at the end of the tenth day of the ten-day period. When the customer exhibits good faith by offering to make a present payment commensurate with his ability to do so and by agreeing to a repayment schedule which would permit the customer to become current in the payment of his gas bill as soon as possible but no later than August l, the city may accept such partial payment plan. In addition to advising the customer of his rights under divisions (A) and (B) of this section, as required by division (A) above, the ten-day notice or a bill insert sent with the ten-day notice shall inform the customer of the telephone number and address of the nearest office of the Kentucky Cabinet for Human Resources, Department for Social Insurance. Information as to such limits may be obtained from the Department for Social Insurance. Referral of the customer to the office of the Department may be made by a church, by a charitable or social organization, by a unit of state or local government, or by any other person.
   (D)    When the city has discovered evidence that by fraudulent or illegal means a customer has obtained unauthorized use or has obtained service without same being properly measured, the service to the customer may be discontinued without notice. The city shall not be required to restore service until the customer has complied with all rules of the city and the city has been reimbursed for the estimated amount of the service rendered and the costs to the city incurred by reason of the fraudulent use.
(Ord. 86-6, passed 4-30-86)