§ 55.04 RULES FOR DEPOSIT FOR AND TERMINATION OF ELECTRIC SERVICE.
   (A)   Findings. The City Council declares that it is in the public interest that the city fairly and indiscriminately administer a reasonable policy with regard to deposits for electric service and termination of electric service by written regulations. The regulations established hereby shall be applied in an equitable and nondiscriminatory manner to all applicants for electric service and electric customers of the city throughout the service area of the city without any different application in any part thereof.
   (B)   Residential customer deposits. Applicants fore new residential electric service shall be required to make a deposit guaranteeing payment of charges for electric service or for reestablishment of service.
   (C)   Business, commercial and industrial customer deposits. Applicants for new business, commercial or industrial electric service shall be required to make a deposit guaranteeing payment of charges for electric service or for reestablishment of service.
   (D)   Amount of deposit. Whenever an applicant or customer is required to make a deposit pursuant to these rules either for guaranteeing payment of charges for service or for reestablishment of service, the amount of the deposit is disclosed in the fee schedule. Deposits will draw no interest while held by the city.
   (E)   Refund of deposit. The deposits of existing residential, business, commercial or industrial customers shall not be subject to refund and shall continue to be held by the city until service is discontinued or terminated.
   (F)   Final disposition of deposit. When a customer has furnished a deposit to guarantee payment of bills and service has been terminated, the deposit will be applied to any unpaid charges or indebtedness due to the city and the balance refunded.
   (G)   Voluntary discontinuance of service. In order to assure discontinuance of service at a time requested by the customer notice to the city in advance of the proposed time of discontinuance shall be required. When a customer desires to discontinue service, he or she shall give notice to the city at least 24 hours in advance and the customer will be responsible for all service consumed within the 24 hours following the time of his or her notice to the city.
   (H)   Involuntary discontinuance of service.
      (1)   The city sometimes finds it necessary to discontinue electric service to customers because of the following reasons:
         (a)   Failure of a customer to pay any bill for electric service within the time allowed by these rules;
         (b)   Failure of a customer to make a deposit to guarantee payment of charges for electric service; or
         (c)   Refusal of legitimate access to premises or damage to or loss of property of the city on the customer’s premises for which the customer is liable.
      (2)   When it becomes necessary for the city to discontinue electric service to a customer for any of the foregoing reasons, service will be reinstated only after all bills for service then due have been paid, any deposit required has been made, and a default fee has been paid to reimburse the city for expenses.
      (3)   If a customer is receiving service at more than one location, service at any or all locations may be discontinued if bills for service at any one or more locations are not paid within the time specified by these rules; provided, however, that residential electric service shall not be discontinued for nonpayment of bills for other classes of service.
      (4)   It is the policy of the city to discontinue electric service to customers by reason of nonpayment of bill only after notice and a meaningful opportunity to be heard on disputed bills. The city’s form for application for electric service and all bills shall contain, in addition to the title, address, room number and telephone number of the city official in charge of utility billing, clearly visible and easily readable provision to the effect:
         (a)   All bills are due and payable within ten days from billing date;
         (b)   Accounts not paid in full within 15 days from billing date are assessed a late fee;
         (c)   Any account not paid in full within 25 days from billing date is in default, and utility services may be discontinued at any time thereafter without further notice. Any account in default will be assessed a default fee whether or not utility services have been disconnected; and
         (d)   Any customer disputing the correctness of the 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 the customer’s choosing and may present orally or in writing the customer’s complaint and contentions to the city official in charge of electric utility billing who shall be authorized to order that the customer’s service not be discontinued and authority to make a final determination of the customer’s complaint.
      (5)   Requests for delays or waiver of payment will not be entertained in most cases; 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.
(Prior Code, § 8-133) Penalty, see § 10.99