§ 54.05  UTILITY RULES AND REGULATIONS.
   (A)   All connections and all service shall be made on a fully metered basis and free water service shall not be allowed or permitted to any customer, including the city itself. Each place of residence and/or commercial entity shall have separate meters and billing accounts.
   (B)   No connections to the water, gas or sewer pipes of the system shall be made except by or under the supervision of a duly authorized officer, agent or employee of the city and after approval of an application submitted with required tap-on fee and any deposit that may be applicable. No service will be installed unless there is a main distribution line existing along the road from which service is required. If service is desired on the same side of the road as the water main, the meter shall be installed within five (5) feet of the water main, if feasible, or immediately adjacent to city easement on customer side. If service is desired on the opposite side of the road from the water main the service line will be run under the road and a meter installed on the right-of-way at no additional cost other than the tap-on fee.
   (C)   The city shall read the utility meters monthly, on or about the first through the seventeenth of each month, or as soon thereafter as may be practical and feasible. Bills shall be mailed to customers for services on or about the first of each month after reading the meters, or as soon thereafter as may be practical and feasible.
   (D)   (1)   All customers are required to pay the amount of their bill in full and without discount on or before the twentieth day of the month when payment is due. Any outstanding balance of the utility account after the twentieth day of the month shall be considered delinquent and a late payment penalty of five percent (5%) of the current charge will be added to the delinquent bill.
      (2)   If payment is not rendered by the close of business of the first day of the following month that account will disconnected from service within twenty-four (24) hours.
      (3)   Within three business days of the disconnect order, the deposit is applied to the closed billing account. In order for the customer to have service reconnected the entire outstanding balance of the account must be paid in full. The customer will now be responsible for the delinquent months’ amount, the five percent (5%) late payment penalty, a reconnect charge, and a deposit (if applicable and already applied to the customer’s account). An administrative fee which will be the same charge as the reconnect charge will be applied to the account regardless if service is disconnected in order to cover the costs associated with maintaining the account in good standing.
      (4)   Example of billing process.
         (a)   For utility usage for the month of January, the meter will be read between the first and seventeenth of February.
         (b)   Bills will be processed and mailed no later than March 1.
         (c)   Bill is due by March 20.
         (d)   If payment is not made on March 20, the account will be assessed a five percent (5%) late payment penalty.
         (e)   Bill must be paid in full by April 1, or the next business day thereafter.
         (f)   On April 2 service will be disconnected.
         (g)   By this time the customer will owe for February and March. The customer would be required to pay all amounts due before service is reinstated.
         (h)   Total owed by the customer will be the bill for February and March, and a reconnect fee.
   (E)   When a check, draft, note or other negotiable instrument received by the Utility Department for payment of a utility account and is returned without payment and/or dishonored for payment for non-sufficient funds or any other reason, the account shall be treated as if no payment had been received and the late payment penalty will be assessed pursuant to the provisions of division (D) above. In the event of non-sufficient funds occurrence the account will be charged an insufficient fund fee of thirty dollars ($30.00). If notification of non-sufficient funds is after the twentieth of the month then the account shall be classified as delinquent as outlined in division (D) above and the same procedures shall be followed. The only additional application is the insufficient fund fee.
   (F)   The city may disconnect service to a customer for the theft of service, or for the appearance of theft devices on the premises of a customer. The city shall not be required to restore service until the customer has complied with all rules and regulations of the utility and Commission and the city has been reimbursed for the estimated amount of services rendered and for any cost incurred including service charges by reason of the fraudulent use as may be determined by a court of proper jurisdiction.
   (G)   Customers who wish to have service disconnected must give at least three (3) days’ notice to that effect; service will be discontinued (meter removed) during working hours, Monday through Friday.
   (H)   A deposit for water and/or gas service as set by ordinance may be required prior to service being connected. If a customer is moving from one premise to another a deposit shall be transferred to the new property and the unpaid balance from the prior bill be posted to the current bill. Upon twelve (12) consecutive months of receipt of on time payments a customer's account may be reviewed for refund of deposit to be applied to customer bill.  Upon termination of service, the deposit plus interest as set pursuant to KRS 278.460 by the KY Public Service Commission actually earned after the first year will be applied to any unpaid bills of the customer if not previously refunded, and if any balance or credit remains on the bill that amount will be billed or refunded to the customer.
   (I)   (1)   The point of delivery is the point where the meter is located on the customer’s premises or right-of-way. All water and gas lines, and equipment beyond the meter shall be installed and maintained by the customer. All water service lines beyond the meter setting should be installed of material consisting of copper, polyethylene or PVC pipe with a rating of not less than 200 PSI. The size of service line beyond the point of delivery shall not be less than three-fourths (3/4).
      (2)   All gas service lines beyond the meter shall consist of vinyl coated steel on polyethylene pipe (ASTM D-2513, PE2406 or PE3406). Polyethylene pipe shall not be permitted beyond the point of entry into the building or foundation. The size of the service line beyond the point of delivery shall not be less than one and one-fourth (1 1/4) inch. The customer shall install a shut-off valve immediately adjacent to the meter on the customer’s side. If the customer’s point of use is at a high elevation the customer may not receive adequate pressure. The customer should consult with a reputable engineering firm to size the service line from the point of delivery. System operator shall determine the best location for meter, line, and the like, and need for new or replacement of meter equipment.
   (J)   The customer must agree to permit the city to lay, maintain, repair or remove such lines and meters which are the property of the city located on the customer’s property with the right of ingress and egress over customer’s property. The customer shall maintain the meter location, keeping it free of debris and accessible to the meter readers or service personnel at all times. If meters are not accessible to the meter readers the customer will be notified in writing and the customer’s bill will be estimated no more than three (3) times before being disconnected. The customer will be responsible for service charges for disconnect and reconnect and the actual amount of usage registered on the meter.
   (K)   The city will use reasonable consistency in supplying service, but shall not be liable for breach of contract in the event of, or for loss, injury or damage to persons or property resulting from interruption, excessive or inadequate water pressure, or otherwise unsatisfactory service, whether or not caused by negligence, as may be determined by a court of proper jurisdiction.
   (L)   As noted in division (B) above and by ordinance, metered service connections are required by the city for each residential or commercial building and no additional taps on the customer’s side of the meter are allowed. Additions or changes in load are reviewed in order to determine theft of service. Should theft of service be discovered, the customer shall be responsible for the theft as well as any damage to any of the city’s lines or equipment caused by the additional or changed installations.
   (M)   The customer shall notify the city immediately should the service be unsatisfactory for any reason, or should there by any defects, trouble or accidents affecting the water supply.
   (N)   The customer shall pay the cost of any special installation necessary to meet the customer’s requirements for service other than the standard tap.
   (O)   No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure or equipment which is part of the city’s public works including, specifically, metering equipment. Any person violating this provision shall be subject to immediate discontinuation of water service and shall pay the cost of repairing or replacing the equipment.
   (P)   The city may, at the customer’s request, relocate and/or change existing system- owned equipment. The customer shall reimburse the city for such changes at actual cost.
   (Q)   There shall be one leak adjustment per customer per twelve (12) month period. The customer must provide proof that a leak was present and repaired. An adjustment shall be made for not longer than a one (1) month period. The adjustment will be computed by the following formulas:
      (1)   Water:
         Total Usage                       $_________
         Normal Usage                    $_________
         Leak Usage                                  / 2  = adjustment amount         
      (2)   Gas:
         Total Usage                       $_________
         Normal Usage                    $_________
         Leak Usage                                   
         Leak usage X *C/Gas rate           (                )     * Columbia Gas of Kentucky
         Adjustment amount      $                                 
   (R)   Whenever a meter in service is found upon periodic request or complaint test to be more than two percent (2%) fast, additional tests shall be made at once to determine the average error of the meter. If the result of the test shows an average error greater than two percent (2%) fast or two percent (2%) slow, then the customer’s bill will be computed for the period in which the meter error occurred. If the period in which the meter error existed is unknown, then the bill will be computed for one-half of the elapsed time since the last previous test, but in no case to exceed twelve (12) months. When a meter is tested and it is found necessary to make a refund or back-bill a customer, the customer shall be given written notification of the date, location and results of the test, as well as the amount to be deducted from or added to his or her regular bill.
   (S)   The city may disconnect service to any property which has failed to comply with any city ordinances regarding utilities. At such time as public sewer becomes available to a property served by a private wastewater disposal system, a direct connection shall be made to the public system. No unauthorized person shall uncover, make any connections with or opening into, use, alter or disturb any public sewer or appurtenance thereof without first obtaining a written permit from the city or city agency.
   (T)   A separate sewer connection shall be provided for every building; except where one (1) building stands at the rear of another on an interior lot.
   (U)   The charge for collection of garbage and trash shall be billed either to the occupant of the property or the owner of the property as reflected in the Pike County Property Valuation Administrator’s office. The city may disconnect utility services to any property for which there is an unpaid garbage and/or trash collection fee. The city may include the charge to any utility service bill issued by the city to the owner of the property in the event that the occupant does not pay the fee, regardless of whether the utility service bill in which the fee, if added for other utilities being supplied to the property. The city may also disconnect to any person, regardless of whether those utility services are connected to the property in which the outstanding fee was incurred.
   (V)   All extensions to the systems transmission or service mains required to service a private development shall be subject to a line extension agreement executed between the developer and the city.
   (W)   In cases where a private developer transfers or assigns line extensions and/or appurtenances to the city, the developer agrees to permit an on-site inspector designated by the city
to inspect such lines and appurtenances during the construction phase of the project. Such proposed plans of line extensions shall be submitted to proper state authority for approval.
   (X)   A charge will be assessed for a trip to recheck a meter reading when the customer requests the meter to be rechecked for a correct reading and the reading was found to be correct.
   (Y)   By request and payment, a customer may have his or her meter tested provided request by customer is not more frequent that once each twelve (12) months. If such test shows the meter to be more than two percent (2%) fast or slow the bill will be credited or adjusted accordingly.
   (Z)   A charge per trip shall be made for service investigation during regular working hours if interruption of service is not caused by failure of the city’s facilities. Any maintenance and repair of facilities beyond the city’s delivery point is the responsibility of the customer.
   (AA)   All requests for customer refunds, credits, adjustment or corrections for utilities billing including but not limited to billing errors, billing mistakes, overcharges, leak adjustment, shall be submitted to the Utility Department within 36 months from the date of the error or other event asserted as a basis of the refund request. Failure to timely submit a request will result in a denial of the request.
(Ord. 0-2000-020, passed 11-27-00; Am. Ord. 0-2007-006, passed 2-12-07; Am. Ord. 0-2007-007, passed 2-26-07; Am. Ord. 0-2008-005, passed 1-14-08; Am. Ord. 0-2008-17, passed 7-28-08; Am. Ord. 0-2016-020, passed 10-24-16; Am. Ord. 0-2016-025, passed 12-12-16; Am. Ord. 0-2017-008, passed 3-27-17; Am. Ord. O-2018-23, passed 10-22-18; Am. Ord. O-2019-14, passed 5-28-19)