A. 1. Charges for utility services shall be due and payable monthly according to dates to be determined by the city. Each monthly bill shall have printed thereon the due date. In addition to the assessment of any late payment charge, if a monthly bill is not paid by the due date indicated therein, the account shall be subject to disconnection for nonpayment. Utility service shall be discontinued for any customer who owes any past due amount of utility services or any part of a charge for utility services, including late payment charges.
2. The city may disconnect utility service to a customer for the reasons set forth below. Disconnection may take place at any time during normal working hours on the day designated for disconnect. Notification of impending discontinuation of service shall be given in writing or such other notification as the city deems necessary and appropriate. Failure to accept or acknowledge notification shall not be cause for delay of the disconnection.
a. A delinquency of greater than nine (9) days on a bill, or any portion of a bill, including any bill for service rendered by the city to the customer at any premises for any utility service;
b. Refusal by the consumer to provide the city reasonable access to its equipment upon consumer's premises in accordance with these terms and conditions;
c. Violation of any rule or regulation of the city or noncompliance with any applicable federal, state, municipal or other local laws, rules or regulations;
d. Violation of or noncompliance with an approved rule of service of the city, including these terms and conditions;
e. Failure of the consumer to make application and place a deposit for service;
f. Failure of the consumer to make application for utility service in the true name of the consumer for the purpose of avoiding payment of any unpaid obligation for utility service provided; (2010 Code § 19-57)
g. Returned checks or ACH debit payments; (Ord. 375, 5-11-2010)
h. Failure of the consumer, upon request, to provide the city with a deposit.
B. The city may discontinue utility service without advance notice to a consumer for any of the reasons set forth below:
1. Existence of a dangerous or defective condition of equipment on consumer's premises;
2. Fraudulent use of municipal utility services;
3. Tampering with the city's regulating and measuring equipment or other property. (2010 Code § 19-57)
C. In the case of discontinuation of service, the following procedures shall apply, except as otherwise provided for in subsection A of this section:
A written notice stating the reason for such discontinuance shall be sent by mail to the address of the customer as shown on the city records. Said notice shall be mailed no more than two (2) days after the billing due date and will state the impending disconnect date for nonpayment. Said notice shall notify the customer that should the customer disagree with the reasons for the discontinuance that the customer has the right to meet with the city clerk and present any reasons that the customer may have that such notice is incorrect and in error. In the case of error on the part of the city, the city clerk shall have the power to revoke the notice of discontinuance.
D. 1. In the event any customer should offer payment for any monthly bill, or portion thereof, by means of a check or ACH debit payment which is not honored on account of insufficient funds of the marker to pay same, or because the check is drawn on a closed account or on a nonexistent account, or otherwise dishonored, a check or ACH service charge in the amount of twenty five dollars ($25.00) shall be charged to that customer's account and collected as a service charge for proper handling and administration. A written notice will be sent informing the customer of impending disconnection and added service charge. Failure to pay the entire amount of the outstanding utility bill, including any service charge, within ten (10) days of the written notice will result in immediate disconnection of utility service.
2. In the event that a check or ACH debit payment written on a closed account is made to the city, payment of each monthly bill for such customer or consumer for the next twelve (12) month period of ensuing service shall be made and accepted only when tendered by certified or cashier's check or cash.
3. In the event that two (2) dishonored checks or ACH debit payments, other than a check or ACH debit payment written on a closed account, are made to the city within any last preceding twelve (12) month period, payment of each monthly bill for such customer or consumer for the next twelve (12) month period of ensuing service shall be made and accepted only when tendered by certified or cashier's check or cash. (Ord. 375, 5-11-2010)
4. Failure to comply with any extension agreement will result in disconnection of service without further notice and no additional extension will be granted for one year from the date of the broken agreement.
E. Business cutoff:
1. Weather does not affect cutoff;
2. No cutoffs on Friday.
F. Residential cutoffs:
1. No cutoffs on Friday.
G. Once service has been disconnected, payment of the entire balance on the account is required, together with the appropriate service call charge, before service will be resumed.
H. Service reconnections will be made during normal business hours.
I. Any extensions of time for payment must be approved by city manager.
J. If cutoff is delayed because of extreme emergencies (weather, etc.), service may be cut on the next working day without further notice.
K. In the event any customer should fail to make payment on any monthly billing so that said bill is over thirty (30) days in arrears, the city manager shall notify the customer or consumer at the address shown on the city records that the customer shall, within five (5) working days, contact the city clerk to make satisfaction of said bill. Should the customer or consumer fail to comply, the city manager shall be directed at his earliest opportunity to refer said customer's bill for legal collection procedures. (2010 Code § 19-57; amd. 2012 Code)