(A) Discontinuation. The town may discontinue utility service to a customer or premises for one, or more, of the following reasons:
(1) Failure of a customer to pay any bill, fee, or charge rendered in connection with the provision of a utility service within the time allowed by this chapter or town policy. An account must be delinquent for more then ten days before service may be disconnected;
(2) Failure of a customer to make a deposit or to guarantee payment of charges for utility service, or to increase a previously-paid deposit when required to do so;
(3) Determination by the Town Manager that the property owner, or customer, has a prior unpaid bill for any utility service due to the town;
(4) Refusal to permit access by town employees, or agents, to a premises when such access is required under this chapter;
(5) Damage to, or loss of, town-owned property, equipment, or facilities due to action or negligence of the customer, or discharges from the customer’s premises; and
(6) Determination by the Town Manager that the property owner, or customer, has violated, or is violating, any provision of the code, or other applicable law relating to the utilization of town utility services.
(B) Reinstatement. When it becomes necessary for the town to discontinue utility service to a customer for any of the reasons provided in subsection (A) above, service will be reinstated only after all bills for service then due have been paid, any deposit required has been made, any required reconnection fee has been paid, and the customer has reimbursed the town for any expenses incurred in connection with the proceedings to discontinue service.
(C) Multiple locations. 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 this article, or town policy. However, residential electric service shall not be discontinued for nonpayment of bills for other nonresidential classes of service.
(D) Proceedings. Whenever a proceeding is initiated pursuant to this article to discontinue a utility service to a customer, and that proceeding is terminated, or suspended, before service is actually discontinued, but there is a finding, or agreement, that the customer has violated some provision of this chapter which, unless abated, could result in termination of service, the continuation of utility service to the customer shall be conditioned upon the customer’s paying, or reimbursing, the town for such fees and expenses as the town may have incurred in connection with the subject proceeding.
(E) Restrictions.
(1) In accordance with 11 U.S.C. § 366, if a delinquent customer files for bankruptcy, the town shall not discontinue service solely on the basis of delinquency; provided, that the debtor or bankruptcy trustee furnishes an adequate assurance of payment for continued water service within 20 days after filing the bankruptcy petition.
(2) If a delinquent customer is not the owner of the premises to which the services are delivered, the payment of the delinquent account may not be required before providing services at the request of a new, and different, tenant or occupant of the premises, but this restriction shall not apply when the premises are occupied by two, or more, tenants whose services are measured by the same meter.
(3) The town shall not suspend, or disconnect, service to a customer because of a past-due, and unpaid, balance for service incurred by another person who resides with the customer after service has been provided to the customer’s household, unless one, or more, of the following apply:
(a) The customer and the person were members of the same household at a different location when the unpaid balance for service was incurred;
(b) The person was a member of the customer’s current household when the service was established, and the person had an unpaid balance for service at that time; or
(c) The person is, or becomes, responsible for the bill for the service to the customer.
(Code 1976, § 6.108) (Ord. 5-86, passed 2-17-1986)