(A) Disconnection of service.
(1) Upon customer's request.
(a) The customer shall notify the utility at least three days in advance of the day disconnection is desired.
(b) The customer shall remain responsible for all service used and the billings therefor until service is disconnected pursuant to the notice.
(c) The customer shall not be liable for any service rendered to the address or location after the expiration of these three days.
(2) Repair of main customer shut off valve. If the owner is repairing or replacing his or her main shut off valve, no fee shall be assessed.
(3) Any other disconnects; fee. Any other disconnects shall be assessed a total fee of $25 for turn-off and turn-on.
(B) Without customer's request.
(1) A utility may disconnect service without request by the customer and without prior notice only:
(a) If a condition dangerous or hazardous to life, physical safety or property exists;
(b) Upon order by any court, or other duly authorized public authority;
(c) If fraudulent or unauthorized use of water is detected, and the utility has reasonable grounds to believe the affected customer is responsible for the use; or
(d) If the utility's regulating or measuring equipment has been tampered with and the utility has reasonable grounds to believe that the affected customer is responsible for the tampering.
(2) In all other instances, a utility, upon providing the customer with proper notice (as defined in 170 I.A.C. 6-1-16(E)), § 54.05 below may disconnect service subject to the other provisions of these rules.
(C) Prohibited disconnection.
(1) Utility shall postpone the disconnection of service for ten days if, prior to the disconnect date specified in the disconnect notice, the customer provides the utility with a medical statement from a licensed physician or public health official which states that disconnection would be a serious and immediate threat to the health or safety of a designated person in the household of the customer. The postponement of disconnection shall be continued for one additional ten-day period upon the provision of an additional medical statement.
(2) Upon his or her failure to pay for services to a previous occupant of premises to be served, unless the utility has good reason to believe the customer is attempting to defraud the utility by using another name.
(3) Upon his or her failure to pay for a different form or class of utility service.
(4) If the customer shows cause for his or her inability to pay the full amount due (financial hardship shall constitute cause), and the customer:
(a) Pays a reasonable portion (not to exceed $10 or one-tenth of the bill, whichever is less, unless the customer agrees to a greater portion) of the bill;
(b) Agrees to pay the remainder of the outstanding bill within three months;
(c) Agrees to pay all undisputed future bills for service as they become due; and
(d) Has not breached any similar agreement with the utility made pursuant to this rule within the past 12 months.
(5) Provided, however, that the utility may add to the outstanding bill a late payment charge. Provided further, that the above terms of the agreement shall be put in writing by the utility and signed by the customer and by a representative of the utility. Only one late payment charge may be made to the customer under this section.
(6) If a customer is unable to pay a bill, which is unusually large due to prior incorrect reading of the meter, incorrect connection or functioning of the meter, prior estimates where no actual reading was taken for over two months, stopped or slow meter, or any human or mechanical error of the utility, and the customer:
(a) Pays a reasonable portion of the bill, not to exceed an amount equal to the customer's average bill for the 12 bills immediately preceding the bill in question;
(b) Agrees to pay the remainder at a reasonable rate; and
(c) Agrees to pay all undisputed future bills for service as they become due.
(7) Provided however, that the utility may not add to the outstanding bill any late fee. Provided, further, that the above terms of agreement shall be put in writing by the utility and signed by the customer and a representative of the utility.
(D) Disconnection of service; prohibited disconnection; reconnection. It is the policy of the city to discontinue utility service to customers by reason of nonpayment of bills only after notice and a meaningful opportunity to be heard on disputed bills. The city's form for application for utility service and all bills shall contain, in addition to the title, address, room number, and telephone number of the official in charge of billing, clearly visible and easily readable provisions to the effect:
(1) That all bills are due and payable on or before the date set forth on the bill; and
(2) That if any bill is not paid by or before that date, a second bill will be mailed containing a cutoff notice that if the bill is not paid within ten days of the mailing of the second bill, service will be discontinued for nonpayment; and
(3) That any customer disputing the correctness of his or her bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing his or her complaint and contentions to the city official in charge of utility billing. This official shall be authorized to order that the customer's service not be discontinued and shall have the authority to make a final determination of the customer's complaint.
(4) Requests for delays or waiver of payment will not be entertained; only questions of proper and correct billing will be considered. In the absence of payment of the bill rendered or resort to the hearing procedure provided herein, service will be discontinued at the time specified, but in no event until the charges have been due and unpaid for at least 30 days.
(5) When it becomes necessary for the city to discontinue utility service to a customer for nonpayment of bills, service will be reinstated only after all bills for service then due have been paid, along with a turn-on charge in the sum of $20.
(1998 Code, § 9-146) (Ord. 584, passed - -1996)