(a) A customer who is temporarily unable to timely and completely pay a monthly bill for water, sewer and solid waste collection services may file a written application for the establishment of a deferred payment plan to avoid termination utility services. The Utility Billing Manager shall review all applications to determine if the customer is eligible for a deferred payment plan.
(b) The following classes of customers are ineligible for a deferred payment plan:
(1) A customer whose water service has been terminated for nonpayment of all or part of a monthly billing or other amount owed the utility, until all arrearages have been fully and completely paid;
(2) A customer with an account that is otherwise current who has defaulted in his or her obligation to make timely payments under a prior deferred payment plan within one year of the customer's current request; and
(3) A customer who is currently making installments and surcharge payments under a prior deferred payment plan.
(c) When an application for a deferred payment plan is received from an ineligible customer, the Utility Billing Office shall notify the customer of the reason the customer is ineligible. The Utility Billing Office shall proceed as if the customer had not made the request.
(d) An eligible customer, whose request is timely filed, shall be scheduled for an appointment with a representative who shall discuss the matter with the customer and determine a suitable deferred payment plan. The plan shall become effective on the signing of the agreement by the utility representative and the customer, which agreement shall be executed within five days after its submission to the customer. A failure to execute a deferred payment agreement within this time frame shall permit the utility to act as if it were not submitted.
(e) No deferred payment plan shall be established which does not meet the following minimum requirements:
(1) An initial payment of at least twenty-five percent of the outstanding balance covered under the deferred payment plan, payable at the time of the customer's written acceptance of the deferred payment agreement;
(2) A maximum of five subsequent monthly installment payments of at least fifteen percent of the outstanding balance under the deferred payment plan, with each installment due thirty days after payment of the prior payment;
(3) A monthly surcharge of one percent of the customer's outstanding balance under the deferred payment account, payable at the time each installment is due; and
(4) An agreement between the customer and the utility that the customer's failure to make timely payments in accordance with the deferred payment plan shall subject the customer to summary termination of utility service within seventy-two hours after the default under the plan, in lieu of the procedure under Section 921.22.
(f) In the event a customer tenders a check or voucher payable to the City of Defiance and drawn on the account of a religious, benevolent or charitable institution maintaining an office in Defiance County, Ohio, in full or partial payment of a current or past due municipal utility bill, the Utility Billing Director may:
(1) Reduce the amount required in full satisfaction of an account that is ineligible for a deferred payment plan under subsection (b)(1) of this section by the amount of the arrearage that is attributable to late payment penalties, interest and service termination or reconnection charges;
(2) Reduce the amount of the outstanding balance to be repaid under a deferred payment p lan authorized by subsections (d) and (e) of this section by the amount of the most recent bill that is attributable to late payment penalties and may waive payment of the monthly surcharge otherwise required by subsection (e)(3) for the duration of the allowed deferred payment plan.
No other evidence of economic hardship shall be deemed sufficient grounds for adjustment of the balance reflected as due by the most recent billing.
(Ord. 7497. Passed 4-16-13.)