Section
50.01 City Light and Water Department created
50.02 Diversion of service prohibited; unlawful connections
50.03 Civil action against person committing diversion of services
50.04 Discontinuance of service on failure to pay charges
50.05 Abatement of nuisances
50.06 Notice to make utility connections prior to paving construction
50.07 Public works involving architecture or engineering requirements
50.99 Penalty
(A) Any person who connects any wire, cord, socket, motor, pipe, conduit or other instrument, device or contrivance with any wire transmitting or supplying or intending to transmit or supply electricity or electric current, or connects any pipe or conduit supplying gas or water, without the knowledge and consent of the person furnishing the electricity or electric current transmitted or supplied by the wire, or gas or water supplied by the pipe or conduit, in such manner that any portion of the electricity, electric current, gas or water may be transmitted or supplied to any globe, lamp, heating apparatus, motor or other instrument by or at which electricity, electric current, gas or water may be consumed, shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished as provided in § 50.99.
(B) Any person who connects or changes any wire, cord, socket, motor, pipe or conduit or other instrument, device or contrivance with any wire, pipe or conduit transmitting or supplying or intended to transmit or supply electricity, electric current, gas or water, without the knowledge and consent of the person furnishing the electricity, electric current, gas or water transmitted or supplied by the wire, pipe or conduit, in such manner as to transmit or supply any such electricity, electric current, gas or water to any globe, lamp, heating apparatus, motor or other instrument by or at which electricity, electric current, gas or water may be consumed without passing through the meter provided for measuring or registering the amount or quantity of electricity, gas or water passing through it, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished as provided in § 50.99.
(C) Any person who wilfully injures, alters or, by any instrument, device or contrivance in any manner, interferes with or obstructs the action or operation of any meter made or provided for measuring or registering the amount or quantity of electricity, gas or water passing through it, without the knowledge and consent of the person furnishing or supplying the electricity, electric current, gas or water passing or intended to pass through the meter, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 50.99.
(D) Any person who knowingly uses or who knowingly permits the use of any electricity, electric current, gas or water in any globe, electric motor, heating apparatus or other instrument or device by which electricity, gas or water may be consumed, owned, leased or used by such person when any portion or quantity of the electricity, electric current, gas or water passes through or along any line, cord, socket, motor, pipe, conduit or other instrument, device or contrivance which has been connected with any wire, pipe or conduit transmitting or supplying electricity, gas or water without the knowledge and consent of the person furnishing the electricity, electric current, gas or water transmitted or supplied by the wire, pipe or conduit, or when any portion or quantity of the electricity, electric current, gas or water passes around, by, or through any meter provided for measuring or registering the amount or quantity thereof, without being so measured or registered by reason of the meter having been changed, interfered with or obstructed without the knowledge and consent of the person furnishing the electricity, electric current, gas or water passing or intended to pass through the meter, or by reason of some wire, cord, socket, motor, pipe, conduit or other instrument, device or contrivance having been connected with a transmitting or supplying wire, pipe or conduit, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided in § 50.99.
(Prior Code, § 52-2) Penalty, see § 50.99
(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 such act results in damages to a city 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:
(a) Until July 1, 1985: $500; and
(b) On July 1, 1985, and thereafter: $2,500; if the amount of actual damage or loss is not susceptible of reasonable calculation.
(C) In addition to damage or loss under divisions (B)(1) or (2) of this section, 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, § 52-3)
(A) Authorized; notice required. The city shall have the right to discontinue utility services and remove its properties if the charges for the services are not paid within 7 days after the date that the charges become delinquent. Before any termination, the Department of Utilities shall first give notice by first class mail or in person to any domestic subscriber whose service is proposed to be terminated.
If notice is given by first class mail, the mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least 7 days, weekends and holidays excluded.
(B) Contents of notice. The notice 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 department 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 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 Department may not disconnect service pending the conclusion of the conference;
(7) A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician’s certificate which shall certify that the domestic subscriber or resident within the subscriber’s household has an existing illness or handicap which would cause the subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the utility’s service to that household. The certificate shall be filed with the Department of Utilities within 5 days of receiving notice under this section and will prevent the disconnection of the Department’s services for a period of 30 days from the filing. Only 1 postponement of disconnection shall be allowed under this section for each incidence of non-payment of any 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 Department 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 not inconsistent with this section which has received prior approval from the governing body.
(C) Dispute by subscriber. A domestic subscriber may dispute the proposed discontinuance of service by notifying the utility with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the utility may discontinue services.
(D) Additional procedures. The procedures adopted by the governing body for resolving utility bills, 3 copies of which are 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.
(E) Exceptions. 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, § 52-4)
Statutory reference:
Denial or discontinuance of utility service, see Neb. RS 70-1601 et seq.
(A) Whenever a nuisance exists as defined in this chapter, the city may proceed by a suit in equity to enjoin and abate the nuisance, in the manner provided by law.
(B) Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Prior Code, § 52-6)
Whenever a street or alley or a part thereof is to be put under contract for paving or repaving, the City Clerk shall notify the owners in fee simple of real estate abutting such street or alley, and their tenants or lessees, and also all gas and telephone companies and all sewer service patrons and water consumers, by publication or otherwise, of the purpose of the city to pave, and that all gas, water, sewer and underground connections must be made prior to the paving or repaving of the street or alley at the owner’s expense, and that the city will make the underground water and sewer connections required and assess the cost thereof as a special assessment against the property served by the underground connection according to benefits when the paving district cost is equalized and assessed. The notice shall be published 1 time in a legal newspaper published in or of general circulation in the city at least 20 days prior to the beginning of the operation by the party having the work under construction.
(Prior Code, § 52-7)
(A) (1) Except as otherwise provided in this section and Neb. RS 81-3449 and 81-3453, the municipality shall not engage in the construction of any public works involving architecture or engineering unless the plans, specifications, and estimates have been prepared and the construction has been observed by an architect, a professional engineer, or a person under the direct supervision of an architect, professional engineer, or those under the direct supervision of an architect or professional engineer.
(2) This division (A) shall not apply to any public work in which the contemplated expenditure for the complete project does not exceed $100,000 or the adjusted dollar amount set by the Board of Engineers and Architects.
(Neb. RS 81-3445)
(B) The provisions of division (A) of this section regulating the practice of architecture do not apply to the following activities or the other activities specified in Neb. RS 81-3449:
(2) A public service provider who employs a design professional performing professional services for itself;
(3) The practice of any other certified trade or legally recognized profession;
(4) Earthmoving and related work associated with soil and water conservation practices performed any land owned by the municipality that is not subject to a permit from the Department of Natural Resources; and
(5) The work of employees and agents of the municipality performing, in accordance with other requirements of law, their customary duties in the administration and enforcement of codes, permit programs, and land-use regulations and their customary duties in utility and public works construction, operation, and maintenance.
(Neb. RS 81-3449)
(C) The provisions of division (A) of this section regulating the practice of engineering do not apply to the following activities, the activities specified in division (B) of this section, or the other activities specified in Neb. RS 81-3453:
(1) Those services ordinarily performed by subordinates under direct supervision of a professional engineer or those commonly designated as locomotive, stationary, marine operating engineers, power plant operating engineers, or manufacturers who supervise the operation of or operate machinery or equipment or who supervise construction within their own plant; and
(2) The construction of water wells as defined in Neb. RS 46-1212, the installation of pumps and pumping equipment into water wells, and the decommissioning of water wells, unless such construction, installation, or decommissioning is required by the municipality to be designed or supervised by an engineer or unless legal requirements are imposed upon the municipality as a part of a public water supply.
(Neb. RS 81-3453)
(D) For the purpose of this section, the municipality is considered a public service provider if it appoints a Municipal Engineer or employs a full-time person licensed under the Engineers and Architects Regulation Act who is in responsible charge of architectural or engineering work.
(Neb. RS 81-3423)
Any person who violates any of the prohibitions or provisions of any chapter or section of this title shall be deemed guilty of a misdemeanor. Unless otherwise specified in the particular chapter or section which the person stands convicted of violating, the penalty for the violation shall be in accordance with § 10.99.
(Prior Code, § 52-5)