(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
CUSTOMER. A property owner who is responsible for the timely and complete payment of all utility charges and all installments and surcharges arising from utility service supplied to a residence. For purposes of this subchapter, a tenant of rental property whose owner is contractually responsible for payment of utility charges arising from utility service supplied to the tenant's rental unit is not a property owner.
UTILITY. Water and/or sewer service.
(B) Utility bill.
(1) A utility bill shall be mailed on a quarterly basis to every customer for utility service supplied during the time period shown on the utility bill. Each utility bill shall contain the following information:
(a) The time period and number of days of utility service covered by the utility bill;
(b) The utility charge and/or installment and surcharge due;
(c) The date of the utility bill;
(d) The date after which service will be terminated for a failure to pay, which shall be at least 25 days from the date of the utility bill;
(e) Notice whether the utility bill is based on an actual or an estimated measurement of the amount of utility service supplied;
(f) If necessary, notice that a utility charge shown on a utility bill based on an actual measurement, and which follows one or more bills based on estimated measurements, may be substantially higher than previous utility bills and higher than the utility bills based on estimated measurements;
(g) Notice that failure to timely and completely pay the amount(s) shown on the utility bill shall result in termination of utility service; and
(h) Notice that customers may call the Bureau of Utilities, whose telephone number shall be listed on the utility bill, in order to:
1. Dispute the amount of the utility charge and/or the installment and surcharge;
2. Avoid the termination of utility service for nonpayment of the amount(s) shown on the utility bill;
3. Request the restoration of utility service; and
4. Request answers to any other questions regarding utility service.
(2) Failure to timely mail or to include the required information in the bill shall not be cause for nonpayment or disallowance of any charge contained in the bill.
(C) Customer dispute.
(1) At any time before the date of termination of utility service for nonpayment of the amount(s) shown on a utility bill, a notice of rejection, or a notice of termination, a customer may dispute the correctness of all or part of the amount(s) shown in accordance with the provisions of this subchapter provided such requests are not the subject of a previous dispute included under this division (C).
(2) The procedure for residential customer disputes shall be as follows:
(a) Before the date of termination, the residential customer shall notify the utility, orally or in writing, that he or she disputes all or part of the amount(s) shown on the utility bill, a notice of rejection or a notice of termination, stating as completely as possible the basis for the dispute.
(b) If the utility determines that the present dispute is untimely or that the residential customer previously disputed the correctness of all or part of the amount(s) shown, the utility shall notify the customer that the present dispute is untimely or invalid. The utility shall then proceed as if the customer had not notified the utility of the present dispute.
(c) If the utility determines that the present dispute is valid under this division (C), the utility shall attempt to arrange an informal meeting within five business days between the residential customer and an official of the utility unless said dispute can be resolved immediately.
(d) Based on the utility's records, the customer's allegations and all other relevant materials available to the official, the official shall resolve the dispute, attempting to do so in a manner satisfactory to both the utility and the customer.
(e) Within five business days of the informal meeting, the official shall mail to the customer a copy of his or her decision resolving the dispute.
(f) If the decision is unsatisfactory to the customer, the customer, within five business days of receipt of the official's decision, may request in writing a formal hearing before the County Commissioners or a designated board.
(g) The formal hearing before the County Commissioners or designated board shall be held within 20 days of the utility's receipt of the customer's written request.
(h) Based on the record established at the hearing, the County Commissioners or designated board, within five business days of the completion of the hearing, shall issue a written decision formally resolving the dispute. Its decision shall be final and binding on the utility and the customer.
(3) Utilization of this dispute procedure shall not relieve a residential customer of his or her obligation to timely and completely pay all other undisputed utility charges and/or installments and surcharges, and the undisputed portion(s) of the amount(s) which is (are) the subject of the present dispute. Notwithstanding division (C)(4) below, failure to timely and completely pay all such undisputed amounts shall subject the residential customer to termination of utility service in accordance with the provisions of this subchapter.
(4) Until the date of the County Commissioners' designated board or the utility official's decision, whichever is later, the utility shall not terminate the utility service of the residential customer and shall not issue a notice of termination to him or her solely for nonpayment of the disputed amount(s). If it is determined that the customer must pay some or all of the disputed amount(s), the utility shall promptly mail to or personally serve upon the customer a notice of termination which shall contain the following:
(a) The amount to be paid;
(b) The date of the notice of termination;
(c) The date of termination, which shall be at least five business days after the date of the notice of termination;
(d) Notice that, unless the utility receives complete payment of the amount shown prior to the date of termination, utility service shall be terminated under division (D) below; and
(e) Notice by the Bureau of Utilities described in division (B) above.
(D) Utility service termination procedure.
(1) Except as provided in divisions (C)(4) above and (E) below, the provisions of this section shall govern all terminations of utility service for nonpayment of utility charges and/or installments and surcharges.
(2) If the county has not received complete payment of the amount(s) shown on the bill or the notice by the required due date, the county shall mail or personally serve upon the customer a notice of termination at least three days after the payment date.
(3) The notice of termination shall contain the following:
(a) The amount to be paid;
(b) The date of the notice of termination; or
(c) The date of termination, which shall be at least five business days from the date of the notice of termination;
(d) Notice that, unless the county receives complete payment of the amount shown prior to the date of termination, the utility service shall be terminated under this division (D);
(e) Notice that in lieu of paying the entire amount shown a residential customer, prior to the date of termination, may notify the utility that he or she disputes the correctness of all or part of the amount shown, if all or part of the amount shown was not the subject of a previous dispute under division (C) above; and
(f) Notice by the Bureau of Utilities described in division (B) above.
(4) If, prior to the date of termination, the utility has not received complete payment of the amount due or the residential customer has not notified the utility that they dispute the correctness of all or part of the amount shown on the notice of termination, then the utility shall terminate the utility service.
(E) Limitations on termination of utility service.
(1) The utility shall terminate utility service for nonpayment of utility charges and/or installments and surcharges only during the hours of 9:00 a.m. to 3:00 p.m., Monday through Thursday. No terminations shall be permitted on a legal holiday or on the day before a legal holiday.
(2) The utility shall not terminate utility service for nonpayment of amounts cumulative between billing cycles of less than $100.
(F) Reinstatement of utility service.
(1) In the event of termination, the utility shall reinstate service to the residential customer within 24 hours of complete payment of the outstanding utility bill and all associated fees, plus a reinstatement charge in the amount of $50. Such payment shall not be considered a timely payment for purposes of this subchapter.
(2) Reinstatements are not required to be made on holidays, weekends or between the hours of 3:00 p.m. and 8:00 a.m. of any day, unless an additional fee in the amount of $125 is added to the next billing cycle and if staff is available.
(2004 Code, § 179-9) (Ord. 02-20, passed 11-21-2002; Ord. 2021-09, passed 10-14-2021)