9-1-9: CHARGES 1 :
   A.   Fixed By Ordinance: The fees to be charged consumers, including the rates for power and energy service and fees for service connections and extensions, but excepting those charges based on direct reimbursable costs, shall be fixed by ordinance of the town. Such fees in effect may be changed by the town council by ordinance as the needs and best interests of the town may from time to time require.
   B.   Electric Fund: All fees shall be collected as provided for in such ordinances and, with any other monies collected for electrical charges, shall be kept in a separate fund to be used for the payment of the costs determined by the contracts in effect for the supply of power and energy to the town; and for payment of the costs of operation, maintenance, repair and extensions of the electrical distribution system; and for payment of other incidentals, debts and liabilities of the system. Such funds as may be deemed in excess of the operating and reserve requirements of the electrical system may, upon resolution of the town council, be transferred to other municipal uses. (Ord. 211, 1-20-1988)
   C.   Payment Period; Delinquency: Statements shall be due and payable at the office of the town clerk-treasurer immediately upon receipt of the statement and shall have a late fee charge of two dollars ($2.00) or one percent (1%) of the amount due whichever is greater added if not paid by the twentieth of the month. All bills shall be delinquent if not paid before the tenth day of the following month after the date the statement was prepared for mailing, and shall thereafter accrue interest on all unpaid amounts at the rate of eighteen percent (18%) per year until paid. (Ord. 211, 1-20-1988; amd. 2002 Code)
   D.   Disconnection:
      1.   Power To Disconnect: In the event that any statement for electrical service shall remain unpaid for a period of ten (10) days after becoming delinquent, the town supervisor shall have the power to disconnect the premises served from the electrical system of the town.
      2.   Deposits Applied Towards Delinquency: In such event, any deposits previously made by such delinquent consumer shall be applied upon the account due and the balance, if any, returned to such consumer.
      3.   Notice Of Shutoff: The town shall not shut off the electrical service until the consumer shall have been given seven (7) days' notice in writing, by regular mail, mailed to his address as shown on the records of the town, or hand delivered to the consumer.
      4.   Reconnection: In the event such consumer requests resumption of service, reconnection shall be made upon the payment of the fee and the furnishing of a deposit as provided for in this section in addition to payment of any remaining charges not covered by previous deposit.
   E.   Responsibility For Payment: Property owners and consumers or their agent, tenant, purchaser or lessee of each such place of abode or place of business shall, each and all, be jointly and severally liable for the payment of all charges and fees hereunder.
   F.   Failure To Pay; Additional Remedies: Failure to pay any charges and fees when due shall constitute a violation of the provisions of this chapter. Collection of the charges and fees fixed under this chapter when delinquent may be enforced by civil action at law brought by the town or an accredited collection agency for the town in any court of competent jurisdiction. This remedy is cumulative and not exclusive and shall be in addition to all penalties provided by the town ordinances for any violation of any provisions hereof.
   G.   Lien: All delinquent charges and fees shall be a lien upon the property served from the date of delinquency.
   H.   Change Of Ownership Or Occupation: No change of ownership or occupation shall affect the application of this section. (Ord. 211, 1-20-1988)

 

Notes

1
1. See section 9-5-1 of this title.