All bills of the city for utility service charges shall be delinquent 22 days after the date of the bill. All utility service charges not paid within that time shall incur an administrative handling charge as set forth in Chapter 38, Fee Schedule to reflect the additional costs incurred by the city in rebilling, sending delinquency notices, and otherwise handling the unpaid account. Payment of this handling charge will be required to avoid disconnection, and before reconnection.
(Prior Code, § 3-1103) (Ord. 2006-2782, passed 11-6-2006)
(A) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
DOMESTIC SUBSCRIBER. Shall not include municipalities, cities, villages, political subdivisions, companies, corporations, partnerships, limited liability companies, or businesses of any nature.
(B) The city shall have the right to discontinue services and remove its properties if the charges for the services are not paid within ten days after the date that the same becomes delinquent. No public or private utility company, including any utility owned and operated by the city, furnishing water, natural gas, or electricity at retail in this city shall discontinue service to any domestic subscriber for nonpayment of any past-due account unless the utility company first gives notice to any subscriber whose service is proposed to be terminated. Such notice shall be given in person, by first-class mail, or by electronic delivery, except that electronic delivery shall only be used if the subscriber has specifically elected to receive such notices by electronic delivery. If notice is given by first-class mail or electronic delivery, such notice shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days after notice is sent or given. Holidays and weekends shall be excluded from the seven days. A public or private utility company shall not charge a fee for the discontinuance or reconnection of utility service that exceeds the reasonable costs of providing such service.
(C) The notice required by division (A) shall contain the following information:
(1) The reason for the proposed disconnection;
(2) A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the utility regarding payment of the bill;
(3) The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;
(4) The name, address, and telephone number of the utility's employee or department to whom the domestic subscriber may address an inquiry or complaint;
(5) The domestic subscriber's right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;
(6) A statement that the utility may not disconnect service pending the conclusion of the conference;
(7) A statement to the effect that disconnection shall be postponed or prevented upon presentation of a duly licensed physician's, physician assistant's, or advanced practice registered nurse's certificate, which shall certify that a domestic subscriber or resident within such subscriber's household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility's service to that household. Such certificate shall be filed with the utility within five days of receiving notice under this section, excluding holidays and weekends, and will prevent the disconnection of the utility's service for a period of at least 30 days from such filing. Only one postponement of disconnection shall be required under this division for each incidence of nonpayment of any past-due account;
(8) The cost that will be borne by the domestic subscriber for restoration of service;
(9) A statement that the domestic subscriber may arrange with the utility for an installment payment plan;
(10) A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and
(11) Any additional information may be included so long as it is not inconsistent with this section.
(D) The utility shall establish a third-party notice procedure for the notification of a designated third party of any proposed discontinuance of service and shall advise its subscribers, including new subscribers, of the availability of such procedures.
(E) The provisions of Neb. RS 70-1608 through 70-1614 shall apply to disputes over a proposed discontinuance of service.
(F) The procedures adopted for resolving utility bills by the City Council for any city utility, one copy of which is on file in the office of the City Clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part of this section as though set out in full.
(G) This section shall not apply to any disconnections or interruptions of services made necessary by the utility for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Prior Code, § 3-1102) (Ord. 2001-2599, passed 1-21-2002; Ord. 2021-3029, passed 10-18-2021)
Statutory reference:
Similar state law provisions, see Neb. RS 70-1602, 70-1605, 70-1606, 70-1607, 70-1615
(A) The city may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts bypassing, tampering, or unauthorized metering when the act results in damages to a municipal utility. The city may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering, or unauthorized metering.
(B) In any civil action brought pursuant to this section, the city shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering, to recover as damages:
(1) The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or
(2) Liquidated damages of $750 if the amount of actual damage or loss is not susceptible of reasonable calculation.
(C) In addition to damage or loss under division (B) above, the city may recover all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering including, but not limited to, disconnection, reconnection, service calls, equipment, costs of the suit, and reasonable attorneys' fees in cases within the scope of Neb. RS 25-1801.
(D) There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of the bypassing, tampering, or unauthorized metering if the tenant or occupant:
(1) Had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist; and
(2) Was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
(E) There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of the bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
(F) The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws and the remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common law remedies.
(Prior Code, § 3-1101) (Ord. 1710, passed 10-3-1983)