(a) Residential Terminations. If it is determined that a residential customer is delinquent in rendering payment for service, the City may, after proper and reasonable notice of pending termination of service, not less than fourteen days, terminate the customer's service during normal City business hours in compliance with the following conditions:
(1) No delinquent bill disconnections may be made after 12:30 p.m. on the day preceding a day that all services necessary for the customer to arrange and the City to perform reconnection are not regularly performed.
(2) On the day of termination of service, the City shall provide the consumer with written notice to the premises at the time of termination. For correct procedures for the time period December 1, through March 31, see subsection (b) hereof. If a landlord is responsible for payment of the utility bill, notice of termination of service shall be given to the consumer at least five days before such termination occurs. In a multi-unit dwelling, written notice shall be placed in a conspicuous place.
(3) In conjunction with service to the customer of the termination notice provided for herein, the City shall advise the customer of the business address and the telephone number of a City representative to be contacted in the event the customer desires to dispute the reasons for the termination and of the customer's right to complain or appeal to any administrative and/or judicial board or tribunal of the State should he or she be dissatisfied with the City's reasons for terminating service. Upon request of the customer, the City shall provide an opportunity for review of the initial decision concerning such dispute. If the request is in writing and sets forth the customer's dispute, and a response in writing is requested, the City shall so respond stating its position.
(4) Termination of residential service for nonpayment is prohibited from December 1 through March 31, unless in addition to the other requirements of this rule, the City:
A. Makes prior contact with the customer by personal contact, telephone or hand delivered written notice;
B. Informs the customer of the available sources of federal, state or local aid for payment of utility bills;
C. In the event the customer establishes a present inability to pay the amount due in full, the City may offer a minimum payment plan which requires the customer to make an installment payment of thirty percent (30%) of the delinquent balance and monthly payments of twenty percent (20%) of the remaining delinquent balance in addition to the current bill. The determination of inability to make payments will be made in conjunction with the agency providing governmental aid. If the customer does not respond to the notice described in subsection (a)(4)A. hereof or refuses to accept or defaults on the payment plan described in subsection (a)(4)C. hereof, service may be terminated.
(5) Termination of residential service for nonpayment is prohibited if the termination of service would be especially dangerous to health as certified pursuant to the certification provisions of this rule.
(6) Termination of residential service for nonpayment is prohibited when the termination of service would make operation of necessary medical or life-supporting equipment impossible or impracticable, if the customer establishes an inability to pay the amount due in full and enters into and makes payments in accordance with an extended payment plan.
(7) Medical certification procedures.
A. The City shall provide application forms for licensed physicians or local Board of Health physicians for certification upon request of any residential consumer. If termination is to occur as a result of nonpayment, written notice shall be given to the customer prior to termination that a medical certification program and forms are available from the City.
B. Any consumer who is a permanent resident of the premises where the service is rendered may qualify for certification.
C. The condition must be certified to the City by a licensed physician or local Board of Health physician.
1. The certificate of special danger to health shall be in writing and shall include the name of the person to be certified, a statement that the person is a permanent resident of the premises in question, the name, business address, and telephone number of the certifying party, the nature of the condition, and the period of time during which termination will be especially dangerous to health.
2. Initial certification by the certifying party may be by telephone if written certification is forwarded to the Finance Director within seven days.
3. In the event service has been disconnected within fourteen days prior to certification of special danger to health for a qualifying resident, service shall be restored to that residence if proper certification is made in accordance with the foregoing provisions and the customer enters into an extended payment plan.
4. Certification shall prohibit disconnection of service for thirty days. Certification may be renewed two additional times (thirty days each) by a licensed physician or local Board of Health physician by providing an additional certification to the City. The total certification period is not to exceed ninety days.
5. Upon renewal of certification, the City shall inform the customer of the governmental assistance programs that may be available. In the event that the best efforts of the City fail to result in personal contact, assistance information shall be provided by mail.
(b) Nonresidential Termination. If it is determined that a nonresidential customer is delinquent in rendering payment for service, the City may, after proper and reasonable notice of pending termination of service, not less than fourteen days, terminate the customer's service during normal City business hours in compliance with the following conditions:
(1) No delinquent bill disconnections may be made after 12:30 p.m. on the day preceding a day that all services necessary for the customer to arrange and the City to perform reconnection are not regularly performed.
(2) On the day of termination of service, the City shall provide the consumer with written notice to the premises. If a landlord is responsible for payment of the utility bill, notice of termination of service shall be given to the consumer at least five days before such termination occurs. In a multi-unit dwelling, written notice shall be placed in a conspicuous place.
(3) In conjunction with service to the customer of the termination notice provided for herein, the City shall advise the customer of the business address and the telephone number of a City representative to be contacted in the event the customer desires to dispute the reasons for the termination and of the customer's right to complain or appeal to any administrative and/or judicial board or tribunal of the State should he or she be dissatisfied with the City's reasons for terminating service. Upon request of the customer, the City shall provide an opportunity for review of the initial decision concerning such dispute. If the request is in writing and sets forth the customer’s dispute, and a response in writing is requested, the City shall so respond stating its position.
(Ord. 95-72 AC. Passed 9-19-95.)