(A) Interruptions and outages. The city shall exercise reasonable diligence in supplying satisfactory and continuous electric service, but cannot and does not guarantee a constant and uninterrupted supply of energy. Whenever necessary for the purpose of making repairs or improvements to its system, the city shall have the right to temporarily suspend the delivery of electrical energy but, in such case, the city shall give reasonable notice if circumstances permit. Whenever an interruption of service can be foreseen, the city shall attempt to schedule its activities with its customers' needs. Any interruption shall be of as short a duration as practical under safe operating conditions.
(B) Customer liability. The city shall not be liable for any damage, or claim of damage, attributable to any interruption or outage of electric service. If the customer's service fails beyond the point of delivery, he or she shall endeavor to determine the cause of service failure before calling the city. If a service person is sent out at the customer's request, and it is determined that the customer's equipment is at fault, a charge for the service call as established by resolution may be made.
(C) Customer to notify city. The customer is encouraged to materially assist the city in fulfilling its purposes by promptly notifying the city of any defects, trouble, or accidents affecting the supply of electricity, or in the event service is unsatisfactory for any reason.
(D) City inspection and responsibility. Inspection of electrical wiring and equipment for compliance with codes and regulations other than those of the city is the responsibility of the appropriate governmental body having jurisdiction. The person desiring electrical service must obtain the appropriate approvals and certificates prior to connection of the city's service.
(1) The Administrator may, before connecting any premises with the city's circuits or furnishing electric current therefrom, cause the wiring, appliances and fixtures to be carefully inspected, and until such wiring, appliances and fixtures are put on proper condition, satisfactory to the Administrator, or his or her representatives, decline to connect the service wires with the city's circuit, and he or she shall have the power at any time to disconnect the service from any premises where the wiring, appliances or fixtures shall become or are found to be defective or dangerous until the same are repaired to the satisfaction of the Administrator or his or her representative.
(2) The city shall have the right, but shall not be obligated to inspect the customer's wiring or equipment before service is supplied and at any future time as determined by the city. However, nothing in this chapter shall be construed as placing upon the city any responsibility for the inspection of, the condition of, or the maintenance of the customer's wiring, energy-consuming devices or other equipment.
(3) The city shall not be held liable for any loss or damage to persons or property resulting from defects beyond the point of delivery caused by the customer's installation or equipment or the delivery of energy thereto.
(E) Connection to system. It shall be unlawful for any person, other than the Administrator, or his or her authorized representative or agent of the city, to connect any house, building, premises, wire, appliance or other device to the city's electrical system for the purpose of obtaining electrical energy or for any other purpose whatever.
(F) Unauthorized pole attachment prohibited. A person must obtain written permission from the city before he or she attaches any equipment or material of any description to any utility pole, guy wire, electrical equipment, hardware or other property of the city. The city may charge fees as established by resolution for this coordination work.
(G) Right to trim trees. City employees may trim trees on private property if such trees, in the judgement of the Administrator or his or her representative, shall create a hazard to electric service lines on the same or adjacent properties. If the property owner refuses permission to trim trees, they shall be liable for all damages and costs to repair any portion of the electrical system damaged by such trees.
(H) Changes to customer electrical load. It shall be unlawful for any customer to add devices requiring electrical energy, which is beyond the capacity of the existing service (to his or her premises). In the event the customer desires to change his load materially, he or she shall notify the city, sufficiently in advance, so that the city may, if economically feasible, provide the facilities required. In the event that the customer fails to notify the city and, as a result, the city's equipment is damaged, the customer may be liable for the cost of such damage.
(I) Unlawful connections. It shall be unlawful for any customer to connect his or her service with that of any other person, or to in any way supply any other person or premises with electric current through his or her service, without first filing a written application for such connection or use at the office of the Administrator and receiving a written permit for said connection.
(J) Ownership of meters and other improvements. All meters, wires and other facilities or equipment furnished and installed by the city, within or on the customer's premises shall be and remain, the property of the city and may be removed by the city.
(K) Meter installations. The city shall determine and designate all meter locations. The city shall spot the meter in a readily accessible location outside the building so the center of the meter, or top row of multiple meter installations is 5½ feet (plus or minus six inches) above finished ground level or walkway at that point, unless the city specifically approves an alternate location. The city must approve any exceptions before installation.
(L) Accessibility. All customers shall provide readily accessible and safe access to all utility meters, poles, lines, transformers, and the like on their property. The customer is responsible for keeping obstructions away from all electrical system parts. Customers shall not place meters under porches, carports or breezeways, over open pits, moving machinery, hatchways, in the path of falling water, where vegetation, or where animals limit accessibility, or where the meter may be subjected to excessive vibration or possible mechanical damage. In cases of remodeling or subsequent construction, including building of fences or other enclosures, the customer shall maintain ready accessibility to the city's meter and equipment. The city does not consider a key as acceptable for obtaining access to a meter.
(M) Failure to provide accessibility. If a customer fails to establish and maintain ready and safe accessibility to all utility system parts on or adjacent to their point of delivery, service drop meter, then the city shall carry out the following procedures:
(1) Notice to customer. The city shall give written notice to the customer that shall include the date, time and reason why city utility employees were unable to maintain that portion of the city's utility system on or adjacent to the customer's property. The city shall give this notice within three working days of determination that a problem exists at a specific location. The customer shall have two working days from receipt of this notice to make the city utility system accessible to city utility employees. In the interim, the city shall bill energy consumption, demand and other charges to the customer based upon an estimate as determined by the city.
(2) Second notice to customer. If the accessibility problem persists, the city shall provide a second notice to the customer that the initial problem has not been corrected or has reoccurred and continues to prevent city employees from carrying out their duties. The city shall give the customer another three working days to correct the problem and assess a service charge as set by resolution. The city shall continue to bill energy consumption, demand and other charges to the customer based upon an estimate as determined by the city.
(3) Failure to heed notice. The city shall disconnect those customers from its system at the point of delivery when the customer has failed to heed the two notices above and make all city utility system parts readily and safely accessible to city utility employees, to the satisfaction of the utility department manager.
(N) Meter seals. At the time of installation, the city shall seal the meter and no person shall tamper with or break the seal without prior authorization from the city. The city shall consider any tampering with the meter or unauthorized breaking of the seal as evidence of fraud.
(O) Separate meters for different rate classifications. If the customer desires to use electricity for purposes classified under different rates, the city shall install separate meters to measure the current supplied at each rate and charge for the electricity passing through each meter at prices specified in the rate schedule for such separate uses.
(P) Meter failure. Should any meter fail to register correctly the amount of energy or power used by the customer, the city shall estimate the amount of such use from the best available evidence.
(Ord. 440, passed 10-26-2015) Penalty, see §
53.99