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Article V.
Periods of
Declared Disaster or Emergency
13.12.280   Purpose.
   The purpose of this article is to ensure City of Lovington customers utilizing water, sewer, and garbage services will not experience a disruption in service during times of declared disaster or emergency in an effort to maintain hygiene and sanitation. In addition, this article will ensure that operations remain funded during and after the incident.
(Ord. 582 (part), 2020)
13.12.290   Implementation.
   This article of the code may be implemented during a declared national, state, or local disaster or emergency and will become effective upon declaration of the City Commission by resolution.
(Ord. 582 (part), 2020)
13.12.300   No service disconnections.
   During the declared disaster or emergency, services will not be disconnected due to lack of payment during the period the declared disaster or emergency is in effect. This provision does not include accounts that were past due prior to the date of such local declaration.
(Ord. 582 (part), 2020)
13.12.310   Payment extension.
   Payment extensions will be allowed during the period of the declared disaster or emergency.
   A.   Individuals will not be limited on the number of extensions, even if they have previously requested extensions outside of the declaration period.
   B.   To be eligible for payment extension(s) during the declaration period, the individual who is responsible for the account must provide proof that their income, based on family size or persons in household, is below the most recent version of the Federal Poverty Guideline as provided by the United States Health and Human Services Department.
   C.   Individuals requesting a payment extension are required to submit:
      1.   Disaster or emergency payment extension form.
      2.   Proof of income.
      3.   Certification of the number of dependents living in household.
   D.   The individual who is responsible for the account must make the request for a payment extension no later than the 25th day of each month. Failure to submit the extension request prior to the 25th will result in application of the fifty-dollar ($50.00) penalty.
   E.   Individuals will be granted extension(s) for period(s) of 30 days. Additional extensions may be granted before repayment of the past due balance but customers are still responsible for all past due amounts once the disaster or emergency is determined to be mitigated or resolved.
   F.   Individuals will still incur the 10% late fee.
   G.   Payment extensions requested and granted during the period of disaster or emergency are not included as the total number of payment extensions granted in a calendar year as specified in Section 13.12.105.
(Ord. 582 (part), 2020)
13.12.320   Repayment of balances incurred during declaration period.
   A.   All past due balances accrued during the declared period are expected to be paid in full on the first due date after the declaration period is terminated or by determination of the Commission, whichever is sooner.
   B.   Customers who desire to participate in a payment plan must submit a payment plan request no later than the first day of the month in which the bill is due after the declaration period.
   C.   Customers requesting a payment plan will be responsible for:
      1.   Providing payment of the current amount due no later than the tenth day of each month. If the current months payment is not received by the 10th a late fee of 10% shall be applied.
      2.   Providing payment towards the past due amount as accumulated during the declared disaster period.
      3.   All past due charges for water, sewer, and garbage service accrued during the declaration period are due no later than ninety (90) days after the declaration period is terminated by the Commission.
   D.   If the customer fails to pay the current month during the ninety (90)-day repayment period by the tenth of the month:
      1.   A fifty-dollar ($50.00) penalty will be added to the bill.
      2.   Service shall be disconnected.
      3.   Service shall not be restored until the account, including the total past due amount is paid in full.
   E.   If the customer fails to pay the past due charges within the ninety (90)-day period:
      1.   A fifty-dollar ($50.00) penalty will be added to the bill.
      2.   Service shall be disconnected.
      3.   Service shall not be restored until the account, including the total past due amount is paid in full.
(Ord. 582 (part), 2020)
13.12.330   End of period of declared disaster or emergency.
   Upon termination of a declared disaster or emergency period, the City Commission will adopt a resolution stating such. Upon the declared end date the provisions for payment extensions in this article are no longer in effect.
(Ord. 582 (part), 2020)