§ 51.006 UTILITY SERVICE THEFT, DESTRUCTION AND WATER METER TAMPERING POLICY.
   (A)   General provisions. TAMPER means to rearrange, injure, alter, interfere with, or otherwise prevent from performing a normal or customary function. Per G.S. § 14-151.1, it is illegal for any unauthorized person (including a licensed plumber) to alter, tamper with, relocate, willfully damage, or bypass a water meter provided by the town for the purpose of measuring and registering water consumption. In accordance with this statute, no one shall:
      (1)   In any way disable, alter, prevent or destroy a meter, meter register, or other appurtenances that interrupt or interfere with the meter accurately performing its measuring function and registering of water usage;
      (2)   In any way alter, cut or remove the meter index seal;
      (3)   Connect any tube, pipe, wire, or other instrument to divert water with the intent to defraud or deprive the utility from receiving proper charges or payment for the stolen water;
      (4)   Operate, alter, or prevent the action of a meter, any valves on the distribution system or stopcock;
      (5)   Opening valves at the curb, hydrants or meter that have been turned off by utility personnel;
      (6)   Tamper with any property owned and used by the utility to provide service;
      (7)   Move from one location to another a meter without the permission of the utility;
      (8)   Take a meter belonging to the utility that has not been assigned to the location, installed, and authorized for use by the utility.
   (B)   Notice of violation.
      (1)   Clear evidence of violation on any property on which it is found to have a meter tampered with in accordance with G.S. § 14-151.1, and capable of receiving water as a result of the use of any method of diversion, is prima facie evidence of violation of this section and creates against the person in whose name such meter is installed, tenant, or occupant a presumption of intent to tamper or divert water.
      (2)   A notice of violation may be mailed or delivered to the customer, and service is subject to immediate cut-off upon evidence of violation in accordance with G.S. § 14-151.1.
   (C)   Tampering and theft charges.
      (1)   Illegal reconnection of service: $100.
      (2)   Tamper or removal civil penalty: $500.
      (3)   In addition, the customer will be subject to a payment for repair or labor and replacement parts due to any damages sustained. Customers can view the town's current charges for damage and replacement of metering parts (see fees listed below). The next occurrence would double the fine and any cost of damages.
      (4)   The tamper fee of $100 applies to customers who unlawfully cut-on service after disconnection due to nonpayment of a utility bill. This action can cause the removal of the water meter and the customer will be subject to a charge of $500 to have the meter replaced.
   (D)   Bill adjustments for theft. The utility reserves the right to adjust the customer's current bill and the bills for the past 12 months’ water usage upon evidence of violation or as determined by the utility of occurrence of theft of service. If the estimated amount of service that was stolen cannot be reasonably determined, the customer's usage will be set at two to four times the minimum bill, as set on a case-by-case basis by the utility, according to the facts of each case.
   (E)   Restoration of service.
      (1)   Service to customers will not be restored until all payment for the following charges are immediately received by the utility:
         (a)   Tamper and theft;
         (b)   Bill adjustment;
         (c)   Repair;
         (d)   Labor and replacement of meter and/or parts;
         (e)   Reinstatement of service charge.
      2)   Service will be reinstated only during regular working hours, Monday-Friday, between 8:00 a.m. and 5:00 p.m., except in the case of an emergency. In addition, discontinuance of service by the utility shall not release the customer from liability for payment for service already received.
   (F)   Obstruction of a water meter. It is a violation to intentionally block or obstruct the meter. Utility customers are responsible for cutting back and removing any bushes, trees, plants, sod, landscaping, rocks, etc. that may conceal or obstruct access to the water meter. Noncompliance and failure to maintain accessibility can result in customer liability for costs incurred to remove the obstruction(s).
 
Meter Parts Replacement Fees
Meter
$140
Cellular endpoint
$140
Meter box
$50
Meter box lid
$25
Labor
12% of cost
 
(Ord. passed - - )