§ 50.25  DISCONNECTION OF SERVICE.
   (A)   At the customer's request. To request disconnection of your service(s) please notify the utility at least three business days in advance of your requested termination date (last day service will be used). We will disconnect your service within three working days after the requested date. You are responsible for all service(s) used and payment for service(s) until the meter(s) has been disconnected; you will not be held responsible for any service(s) used after three business days from the requested termination date. If a landlord requests disconnection, the landlord must provide proof that is satisfactory to the utility that the property is vacant.
   (B)   Under emergency conditions. We may disconnect your service without giving advance notice and/or without any request by you under the following conditions:
      (1)   If a condition considered dangerous or hazardous to life, physical safety or property exists.
      (2)   Upon order by any court or other duly authorized public authority.
   (C)   Under conditions relating to unauthorized use and/or equipment tampering. We shall disconnect your service without notice and without any request by you under the following conditions:
      (1)   If fraudulent or unauthorized use of service is detected and the utility has reasonable grounds to believe the affected customer is responsible for such use.
      (2)   If the utility's regulating or measuring equipment has been tampered with and the utility has reasonable grounds to believe that the affected customer is responsible for such tampering.
      (3)   The utility may also file a report with the police regarding the unauthorized use and/or equipment tampering.
   (D)   Under standard business operations. We may disconnect your service after giving advance notice under the following conditions:
      (1)   If nonpayment of a bill or a violation of any ordinance, rule, regulation or condition of service has occurred.
      (2)   If a customer is operating equipment, apparatus, etc. that is found to be causing utility service interference. The customer will be required to discontinue the use of such equipment to eliminate the utility service interference. Failure or refusal to comply with the above shall be sufficient cause to discontinue service. In such case, the service shall not be reconnected until the utility is assured that the utility service interference creating device(s) has been corrected or eliminated.
   (E)   Medical statement(s). The utility shall postpone the disconnection of service for ten days if:
      (1)   Prior to the disconnect date specified in the notice, the customer provides the utility with a medical statement from a licensed physician or public health official.
         (a)   The statement must certify that disconnection would be a serious and immediate threat to the health or safety of a designated person in the household of the customer. A medical statement form can be obtained at the Utility Office or online.
         (b)   If the medical statement is received before the disconnection date a postponement of disconnection shall be continued for one additional ten day period.
         (c)   The medical statement does not relieve the customer of the responsibility for paying all amounts due for utility service(s) on the bill each month.
      (2)   Utility customers with continual serious or life threatening issues should file a medical statement, from a licensed physician or public health official, with the Utility Office. The customer is required to file an annual renewal of a continual medical statement.
   (F)   Disconnection of customers receiving assistance under I.C. 4-4-33. Notwithstanding any other provision of law, from December 1 through March 15 of each year, no electric or gas utility shall be disconnected for customers who are eligible for and who have applied for assistance from a heating assistance program administered under I.C. 4-4-33.
      (1)   The customer must furnish the utility with written proof of promised assistance to avoid disconnection. Promised assistance does not relieve the customer of the responsibility for paying the remaining amount due on the utility service(s) bill each month. Utilities other than electric or gas may be disconnected for non-payment of utility bills. Call the Utility Office for:
         (a)   Contact information on heating/cooling assistance programs;
         (b)   Amounts due after receiving promised assistance;
         (c)   Payment arrangements to assist in paying the remaining amount due; see § 50.23, Customer Billing, division (B).
      (2)   This section shall not preclude the utility from disconnecting the electric or gas utility for the reasons as outlined in (B)(1) and (2) and (C)(1) and (2) of this section.
   (G)   Disconnection due to returned checks/ACH bank drafts. If a customer's ACH bank draft or check payment is returned, the Utility Office will notify the customer by telephone and email (if available). If the returned check/ACH bank draft is not paid by 10:00 am (EST) on the next business day the utility service(s) will be disconnected. A disconnection of service notice will be left on the FRONT DOOR of the premises. Refer to § 50.27, returned checks/ACH bank drafts.
   (H)   Disconnection due to non-payment. Before utility service is disconnected for non-payment or insufficient payment:
      (1)   A late notice letter, with the avoid disconnect date, will be mailed to the customer. The notice will include the amount due and information about filing a written request for a disconnect protest hearing, refer to division (I).
      (2)   A second notice with an avoid disconnect amount and date will be included on the customer's most current bill. The bill will show the total amount due for the current month and the past due amount. The current month and past due amount must be received no later than 3:30 p.m. (EST) on the avoid disconnect date. If the current month and past due amount is received after 3:30 p.m. (EST) a $50 administration fee will be applied.
   (I)   Disconnect protest hearing. The customer(s) will have the opportunity to present their case and to challenge their disconnection of service(s) in a disconnect protest hearing.
      (1)   The customer must request the hearing a minimum of five business days before the avoid disconnect date. Hearing request forms can be obtained at the Bargersville Utility Office and online at the Town of Bargersville website. Disconnect hearing requests must be submitted in writing; oral requests for a hearing will not be accepted.
      (2)   Service(s) will be disconnected for non-payment if:
         (a)   A request for a disconnect protest hearing has not been submitted in writing to the Utility Office; or
         (b)   The past due amount is not paid by 3:30 p.m. (EST) of the avoid disconnect date.
   (J)   Disconnected service. We will only disconnect service for nonpayment of bills during our normal business hours; service will not be disconnected after 12:00 p.m. (noon, EST) preceding a weekend or holiday where the Utility Office will be closed.
      (1)   Utility representatives who are sent to disconnect the service will:
         (a)   Make a reasonable attempt to identify themselves;
         (b)   Tell a responsible person at the service location that the utility service is being disconnected;
         (c)   Have sufficient information about the customer's account to give the reason for disconnection and the amount of any delinquent bill. The utility representative, sent to disconnect service, is not authorized to accept payment of a bill.
         (d)   Ask for any available proof that the delinquent bill has been paid or is currently in dispute. If proof of payment or dispute is presented the service will not be disconnected.
         (e)   Leave a disconnection of service notice on the front door of the premises. The notice will provide the location and telephone number(s) needed to have service restored. Reconnection will be performed only during office hours. There will be no after-hours reconnection.
(Ord. 2018-24, passed 9-11-2018)