(A) Deposit to insure payment of bills; residential customers.
(1) A new applicant, applying for residential service, shall not be required to make the deposit provided for in § 50.01 as a condition of obtaining service provided they can provide proof from the applicable utility (water, sewer, and/or electric) of no late payments in the preceding 12 months of previous utility service.
(2) All utility deposits of said residential customers shall be refunded without interest after 12 consecutive months of timely payment.
(3) Utility deposits from renters will be refunded without interest when they move from the premises served by the utility.
(4) The town may require a deposit from an existing customer when such customer has been mailed two consecutive disconnect notices, or three non-consecutive notices within the preceding 12 months. If services are disconnected for non-payment, then the customer shall pay all monies owed, including their current utility bill, disconnect and reconnect fees and a deposit in order for the customer's utilities to be reconnected. See §§ 50.01(E) and 50.02.
(5) The term “refunded”, as used herein, shall include the application of deposits to amounts then due and payable by a customer to Avilla, and such application shall constitute a lawful disposition of such deposits. Any sum remaining after the application of any such deposits shall, at the option of Avilla, either be shown as credit on the customer's account, or paid by check mailed or delivered to customer within 15 days.
(B) Deposit to insure payment of bills; non-residential customers.
(1) A non-residential customer may be required at any time, or from time to time, to make a cash deposit to assure payment of such customer’s final bill. Such deposit may be required as a condition for obtaining or continuing service. Deposits taken after the effective date of Avilla rules, shall not exceed $170 plus one-sixth the estimated annual billings for service to customer at the address service is rendered.
(2) In making a refund of a deposit, Avilla may, at its option, pay the full amount thereof to customer or apply such deposit to amounts then due and payable by such customer to Avilla and any deposit balance remaining after such applicant may be either paid to customer or shown as a credit balance on customer’s account.
(Ord. 1406-6-02, passed 6-18-2002; Am. Ord. 1422-5-03, passed 6-11-2003; Am. Ord. 1477-07-08, passed 8-20-2008; Am. Ord. 1613-2-20, passed 2-19-2020)