13.02.090  Discontinuance and restoration of service.
   A.   Past due bills.  When bills are rendered monthly, they will be considered past due if not paid within 20 days after presentation.
   B.   Nonpayment of bills.
      1.   When a bill for utility service has become past due and a 15-day discontinuance of service notice for nonpayment has been presented, service will be discontinued if the bill is not paid within the time required by such notice. In addition, no less than  48 hours prior to the impending termination the city shall mail a final notice of termination of service.
      2.   A customer's service will be discontinued for nonpayment of a bill for service previously rendered him at any location served by the city provided such bill is not paid within ten days after date of presentation of a notice that present service will be discontinued for nonpayment of such bill for prior service.
      3.   If a customer is receiving more than one service, any or all services may be discontinued when any service, regardless of location, is discontinued for nonpayment.
   C.   Unsafe electrical equipment.
      1.   The city may refuse to provide, or discontinue, service to a customer if any part of his wiring or other equipment, or use thereof, is determined by the city to be unsafe or in violation of applicable laws, ordinances, rules or regulations of the city, or if any condition existing upon the customer's premises is determined to endanger the city's service facilities, until the unsafe conditions are corrected or the violation remedied.
      2.   The city does not assume any responsibility for inspecting or repairing the customer's wiring or other equipment, or any part thereof, and assumes no liability therefore.
   D.   Service detrimental to other customers.  The city will not provide electric service to equipment, the operation of which would prove detrimental to the service of the city or its other customers, and will discontinue electric service to any customer who continues to operate such equipment after having been given notice to cease by the city.
   E.   Fraud. The city may refuse to provide, or discontinue, service if the acts of the customer or the conditions upon his premises indicate intent to defraud the city.
   F.   Failure to establish or re-establish credit. If, for an applicant's convenience, the city should provide service before credit is established or should continue service to a customer when credit has not been re-established in accordance with this chapter, and he fails to establish or re-establish his credit after the date of presentation of a written notice of not less than ten days, the city may discontinue service.
   G.   Noncompliance. Except as otherwise specifically provided in this chapter, the city may discontinue service to a customer for noncompliance with fee schedules if, after written notice of at least eight days, he has not complied with the notice. The city may dispense with the giving of such notice in the event of a dangerous condition which makes the immediate discontinuance of service to the premises imperative.
   H.   Customer's request for service discontinuance.
      1.   When a customer desires to terminate his responsibility for service, he shall give the city not less than three day's notice of his intention and state the date on which he wishes the termination to become effective. A customer may be held responsible for all service furnished at the premises until three days after receipt of such notice by the city or until the date of termination specified in the notice, whichever date is later.
      2.   Any request for service discontinuation of less than three days notice will require the application of a call-out charge as specified in the city's fee schedule.
   I.   Returned item charge. If an item (check, electronic bank transfer, money order or other legal tender) tendered in payment of amounts owing the city, is not honored by a bank and is returned to the city unpaid, the city will add to the customer's bill a charge for processing each such returned item in accordance with the current city fee schedule, which schedule may be amended by resolution of City Council. Where service is subject to discontinuance pursuant to this chapter, the fee for the returned check shall be included in the total amount due and payable. Returned checks shall be redeemed in cash, money order or cashier's check. In addition, if more than two checks are returned by the bank for any reason on a single account during a six month period, personal or company checks will no longer be acceptable for payment of utility bills on that account. In addition, personal or company checks will not be accepted for any other utility accounts or other city obligations under the name of the customer for a period of no less than 36 months or until credit is reestablished.
   J.   Notice of service discontinuance charge, final notice charge, 24 hour notice charge and late charges.
      1.   The city will require payment of the notice of service discontinuance charge, the final notice charge, 24 hour notice charge, any late charge and applicable interest charges in accordance with the current city fee schedule, which schedule may be amended by resolution of the City Council.
      2.   The authorized city representative who makes a field call to the customer's premises may not accept payment or make arrangements for payment and must carry out the disconnection order; the customer must contact the Finance Department to make all payments.
   K.   Reconnection charge.
      1.   The city will require payment of a reconnect charge in addition to any and all outstanding charges on the customer's account in accordance with the current city fee schedule, which schedule may be amended by resolution of the City Council, before restoring service that has been discontinued for nonpayment of bills or tampering with city equipment.
      2.   In cases where customers request that service be reconnected outside of regular service hours (after 10:30 a.m. weekdays or anytime on weekends), an additional call-out charge will be applied to the customer's account in accordance with the current city fee schedule.
      3.   In addition, the city may charge and collect any unusual costs incidental to the discontinuance or restoration of service when they have resulted from the customer's action or negligence.
      4.   Service wrongfully terminated will be restored without charge and a notification thereof will be mailed to the customer at the billing address.
   L.   Appeal process.  Inability to pay due to extreme circumstances beyond the control of the customer, and not due to habitual nonpayment of bills, may be grounds for an appeal hearing before the Finance Director.  The Finance Director may, as he/she deems appropriate, receive testimony from the customer and or city staff. The decision of the Finance Director may be appealed to the City Administrator, whose decision is final. The City Administrator may allow additional time for payment and or establish a payment plan for the delinquent customer to become current, or may deny the appeal. 
(Ord. 785-2009, § 7 (part), 2009)