(A) The municipality shall have the right to discontinue utility services and remove its properties if the charges for such services are not paid within seven days after the date that the charges become delinquent. Before any termination, the municipality 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, such 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 municipality by the Department of Health and Human Services, such notice shall be by certified mail and notice of such 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 municipality 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 an inquiry or complaint;
(5) The domestic subscriber’s right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;
(6) A statement that the municipality 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 or a resident within such subscriber’s household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the municipality’s service to that household. Such certificate shall be filed with the municipality within five days of receiving notice under this section and will prevent the disconnection of the municipality’s service for a period of 30 days from such filing. Only one postponement of disconnection shall be allowed under this division (B)(7) for each incidence of nonpayment of any past-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 municipality 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 from the governing body.
(C) A domestic subscriber may dispute the proposed discontinuance of service by notifying the municipality 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 municipality may discontinue services.
(D) The procedures adopted by the governing body for resolving utility bills, three copies of which are on file in the office of the City Clerk, 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 municipality for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Prior Code, § 3-1002) (Ord. 564, passed 1-21-1991; Ord. 727, passed 6-21-2004)
Statutory reference:
Related provisions, see Neb. RS 70-1602 et seq.