(A) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DOMESTIC SUBSCRIBER. Shall not include municipalities, cities, villages, political subdivisions, companies, corporations, partnerships, limited liability companies, or businesses of any nature.
(Neb. RS 70-1602)
(B) No public or private utility company, including any utility owned and operated by the city, furnishing water, natural gas, or electricity at retail in this city shall discontinue service to any domestic subscriber for nonpayment of any past-due account unless the utility company first gives notice to any subscriber whose service is proposed to be terminated. Such notice shall be given in person, by first-class mail, or by electronic delivery, except that electronic delivery shall only be used if the subscriber has specifically elected to receive such notices by electronic delivery. If notice is given by first-class mail or electronic delivery, such notice shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days after notice is sent or given. Holidays and weekends shall be excluded from the seven days. A public or private utility company shall not charge a fee for the discontinuance or reconnection of utility service that exceeds the reasonable costs of providing such service.
(Neb. RS 70-1605)
(C) Upon municipal utilities bill being deemed to be delinquent the governing body shall initiate utilities disconnection according to the following “Procedural Policy for Utilities Disconnection.”
PROCEDURAL POLICIES FOR UTILITY DISCONNECTION
SECTION 1. RIGHT TO DISCONNECT. The municipality may disconnect utility service for any of the following reasons or for any other reason permitted by federal, state or municipal law:
A. Failure to meet the applicable provisions of law.
B. Violation of the ordinances or regulations pertaining to utility service.
C. Nonpayment of past or present utility bills.
D. Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise.
E. Molesting any meter, seal or other equipment controlling or regulating the supply of utility service.
F. Theft or diversion and/or use of service without payment therefor.
G. Vacancy or abandonment of premises.
SECTION 2. DELINQUENT BILLS. All bills for utility service are due and payable the first day of each month. Payment at net is allowed until the twentieth day of the month the bill is due. If the twentieth falls on a weekend or federal holiday, you have until the end of the next day of normal business hours of the office of the Municipal Clerk/Treasurer. Payments postmarked on or before the twentieth by the U.S. Postal Service are considered to be on time. After that date, the bill is delinquent and payable at the gross amount in addition to a late charge. A reminder notice will be given by mail, in person or phone call after the due date. If the bill remains delinquent seven days from the date the reminder notice is mailed, a disconnect notice will be served upon any domestic subscriber in compliance with Section 3 and 4 of this procedural policy.
SECTION 3. SERVING DISCONNECT NOTICE. Before disconnection of utility service, the municipality shall give notice by first class mail, certified mail or in person to the domestic subscriber whose utility service is to be disconnected. If notice is given by first class mail or certified mail, such mail shall be conspicuously marked as to its importance. The municipality also has available to domestic subscribers third party notice whereby the municipality will serve the notice of disconnection on the designated third party by first class mail, certified mail or in person. Any subscriber who has previously been identified as a welfare recipient to the utility by the Department of Social Services shall be served notice by certified mail and notice of such proposed termination shall be given to the Department of Social Services.
The utility shall establish a third-party notice procedure for the notification of a designated third party of any proposed discontinuance of service and shall advise its subscribers, including new subscribers, of the availability of such procedures.
(Neb. RS 70-1607)
SECTION 4. CONTENTS OF DISCONNECT NOTICE. The notice required by division (B) 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 utility 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 utility's 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 utility may not disconnect service pending the conclusion of the conference;
7. A statement to the effect that disconnection shall be postponed or prevented upon presentation of a duly licensed physician's, physician assistant's, or advanced practice registered nurse's certificate, which shall certify that a domestic subscriber or 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 utility's service to that household. Such certificate shall be filed with the utility within five days of receiving notice under this section, excluding holidays, and weekends, and will prevent the disconnection of the utility's service for a period of at least 30 days from such filing. Only one postponement of disconnection shall be required under this division 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 utility 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 City Council or Board of Public Works, in the case of a city utility, or the board of directors or administrative board of any other utility.
(Neb. RS 70-1606)
SECTION 5. CONFERENCE WITH DOMESTIC UTILITY SUBSCRIBER. Upon a written request by a customer for a conference, the municipality shall:
1. Hear and decide all matters at the conference.
2. Schedule a conference within 14 days of the receipt of the customer’s request for a conference.
3. Notify the domestic subscriber in writing of the time, place and date scheduled for the conference.
The conference shall be informal and not governed by the Nebraska Rules of Evidence. Failure by the customer to attend the conference shall relieve the municipality of any further action prior to the disconnection of utility service.
The domestic subscriber may, prior to the scheduled conference, give good and sufficient reason that they will be unable to attend the conference at the appointed time and date. The municipality shall make a reasonable effort to reschedule the conference.
The municipality Board shall, based solely on the evidence presented at the conference, affirm, reverse or modify any part of the disconnection notice which is a result of a disputed billing. The employee shall allow disconnection of utility service only when all less drastic remedies have been exhausted.
If the municipal governing body determines at the conference that the domestic subscriber did not receive proper notice or was denied any other legal right, the governing body shall recess and continue the conference at such time as the subscriber has been afforded his or her rights.
SECTION 6. REPAIRS. Interruptions of service or disconnections made pursuant to repair, maintenance, health or safety reasons shall not constitute a disconnection for the purposes of this procedural policy.
(D) The provisions of Neb. RS 70-1608 through 70-1614 shall apply to disputes over a proposed discontinuance of service.
(E) The procedures adopted for resolving utility bills by the City Council or Board of Public Works for any city utility, one copy of which is 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.
(F) This section shall not apply to any disconnections or interruptions of services made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Neb. RS 70-1615) (2000 Code, § 3-805) (Ord. 628, passed 6-21-2021)