(A) Customer requested disconnection notice.
(1) A customer shall notify Avilla at least three days prior to the date such customer desires service to be disconnected and Avilla shall have three working days thereafter to make such disconnection. A customer after so notifying Avilla, shall not be responsible for any service rendered after such three working days, except that any customer who fails to request disconnection of service as provided herein shall be responsible for the payment for all service rendered by Avilla while the account remains in the customer’s name.
(2) Should service to a business become suspended or discontinued, due to fire or other extraordinary causes beyond the control of customer, the service contract, upon written request by customer, shall become inoperative until business is resumed, except for unbilled amounts due Avilla for service provided prior to the suspension or discontinuance. Once service is restored, the contract and all of its conditions shall again become operative for the remainder of the contract term.
(3) When a customer requests that service be disconnected at a given location, Avilla may, at its election, discontinue service by either making a physical disconnection of the service at such location, or obtaining an actual meter reading on the effective date service is to be discontinued to a particular customer. If Avilla elects to leave the meter in service, Avilla shall transfer the account into the name of the new customer at the location.
(B) Avilla reserves the right to discontinue supply.
(1) Avilla shall have the right, subject to any provision of Commission Rule 16 to the contrary, to discontinue service without notice and remove any of its property from customer’s premises without legal process, for any of the following reasons:
(a) To facilitate emergency repairs.
(b) For want of supply of electric energy.
(c) Where tampering or the fraudulent or unauthorized use of electricity is detected, or where Avilla’s regulating or measuring equipment or other facilities have been tampered with and Avilla has reasonable grounds to believe the affected customer is responsible for such use of tampering.
(d) Where a condition dangerous or hazardous to life, physical safety or property exists.
(e) By order of any court, the Commission, or other duly authorized public authority.
(2) When Avilla’s agents are unable to have safe and reasonable access during Avilla’s normal business hours to any meter, for continuous period of three months, Avilla may disconnect after 14-days’ written notice, until suitable arrangements can be made for the regular reading of such meter.
(3) Avilla may discontinue service after 14 days prior written notice to a customer for any of the following reasons:
(a) For nonpayment of a delinquent bill.
(b) For violation of any Avilla Municipal Electric Department rule.
(c) For breach of any contract entered into between Avilla and customer.
(4) If, for any reason, Avilla has issued a notice of disconnection of service, but because of a medical postponement or bill payment extension agreement such service was not disconnected pursuant to such notice, Avilla may disconnect such service without further notice, upon the expiration of such postponement or any breach of such extension agreement.
(C) Disconnect penalties.
(1) If Avilla is justified in discontinuing service to a customer at one location, Avilla shall have the right, subject to any provisions of the Commission Rule 16 to the contrary, to transfer unpaid charges to the same customer at any other location at which Avilla is rendering service to such customer, notwithstanding separate service contracts may be in effect for each location. Furthermore, Avilla shall have the right, subject to any provision of Commission Rule 16 to the contrary, to discontinue its service to a customer at any location to which the charges have been transferred because of such customer’s failure to pay such charges with the time prescribed in the “Billings and Payment” Article.
(2) When service is disconnected for nonpayment of a bill, or whenever for any reason beyond the control of Avilla, except acts of God, a reconnection of service is required by any customer, a minimum charge, as specified in Exhibit I, shall be paid to Avilla to cover a part of the cost of disconnection and reconnection of the service; except that the charge for any service of a customer after regular business hours or on Saturdays, Sundays or holidays, shall be charged at an actual cost incurred by Avilla. This charge, together with any arrears due Avilla and/or required service deposit, must be paid before the service is reconnected. Such discontinuance, provided for herein, shall not, however, invalidate any of the covenants of the contract of Avilla Rules; and Avilla shall have the right to enforce any contract notwithstanding such discontinuance.
(Ord. 1406-6-02, passed 6-18-2002)