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(A) It is an offense for any person to do any of the following:
(1) To connect any instrument, device or contrivance with any wire supplying or intended to supply electricity or electric current or to connect any pipe or conduit supplying gas or water, without the knowledge and consent of any city utility supplying such products or services, in such a manner that any portion thereof may be supplied to any instrument by or at which electricity, electric current, gas or water may be consumed without passing through the meter made or provided for measuring or registering the amount or quantity thereof passing through it;
(2) To knowingly use or knowingly permit the use of electricity, electric current, gas or water obtained unlawfully pursuant to this section;
(3) To reconnect electrical, gas or water service without the knowledge and consent of any city utility supplying such service if the service has been disconnected pursuant to Neb. RS 70-1601 to 70-1615 or § 50.02 of this code; or
(4) To willfully injure, alter or by any instrument, device or contrivance in any manner interfere with or obstruct the action or operation of any meter made or provided for measuring or registering the amount or quantity of electricity, electric current, gas or water passing through it, without the knowledge and consent of any city utility supplying the electricity, electric current, gas or water passing or intended to pass through the meter.
(B) Proof of the existence of any wire, pipe or conduit connection or reconnection or of any injury, alteration, interference or obstruction of a meter is prima facie evidence of the guilt of the person in possession of the premises where that connection, reconnection, injury, alteration, interference or obstruction is proved to exist.
(Neb. RS 28-515.02) Penalty, see § 50.99
(A) For purposes of this section, the definitions found in Neb. RS 25-21,275 shall apply.
(B) (1) The city utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts bypassing, tampering or unauthorized metering when that act results in damages to the utility. A city utility 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.
(2) In any civil action brought pursuant to this section, the city utility shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to recover as damages:
(a) The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or
(b) Liquidated damages of $750 if the amount of actual damage or loss is not susceptible of reasonable calculation.
(3) In addition to damage or loss under division (B)(2)(a) or (B)(2)(b) above, the utility 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 attorney fees in cases within the scope of Neb. RS 25-1801.
(Neb. RS 25-21,276)
(C) (1) 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 that bypassing, tampering or unauthorized metering if the tenant or occupant:
(a) 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
(b) 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.
(2) 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 that 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.
(Neb. RS 25-21,277)
(D) The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws. 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.
(Neb. RS 25-21,278)
Penalty, see § 50.99
(A) All water rates, taxes, or rent assessed by the City Council shall be a lien upon the premises or real estate, upon or for which the same is used or supplied; and such taxes, rents or rates shall be paid and collected and such lien enforced in such manner as the Council shall by ordinance direct and provide.
(B) All sewer and natural gas charges established by the City Council shall be a lien upon the premises or real estate for which the same is used or supplied. Such lien shall be enforced in such manner as the Council provides by ordinance.
(C) If the service charge established by the City Council for the use of any city utility is not paid when due, such sum may be recovered by the city in a civil action or it may be certified to the County Assessor and assessed against the premises served and collected or returned in the same manner as other city taxes are certified, assessed, collected, and returned.
(Neb. RS 18-503)
(D) Unless the City Council otherwise provides, on June 1 of each year, the City Clerk shall report to the Council a list of all unpaid accounts due for utilities service together with a description of the premises served. If the Council approves the report, the Clerk shall certify the report to the County Clerk to be collected as a special tax in the manner provided by law.
Statutory reference:
Similar provisions, see Neb. RS 17-538 and 17-925.01
(A) Applications and accounts for utility services. Any person desiring a supply of any city utility must make an application for it to the City Clerk on forms designated by the Clerk. The application shall be accompanied by proof of valid identification in a form of the Clerk’s choosing and any other information the Clerk deems pertinent to processing the application. Any application submitted and utility account established as a result thereof shall be made in the name(s) of the person(s) requesting the utility.
(B) Applications submitted by and accounts established for tenants, lessees and others who are not a record owner of the property. If the applicant for utility service is a tenant, lessee or any other individual who is not a record owner of the property to which the utility is to be supplied, the account will be established in the name(s) of, and billing submitted to, such tenant, lessee or other individual; provided, however, the city will provide utility service to such person on the following conditions.
(1) Such person expressly agrees the city may provide account information, in writing, to the property’s record owner, including, but not necessarily limited to, account balances, account delinquencies and shutoff notices. Under no circumstances, however, shall the city share such person’s Social Security number, credit or debit card number, or banking information with the property’s record owner.
(2) Such person expressly agrees the city may shut off any utility, at the written request of the property’s record owner, in the event the account is delinquent, and after all shut off notices have been provided according to law.
(3) The property’s record owner shall continuously maintain on file with the City Clerk a current and valid physical and mailing address and telephone number, and shall promptly notify the City Clerk in writing of any changes thereto. Under no circumstances will the city be responsible for researching or otherwise attempting to ascertain an address, telephone number or any other contact information, or any updates thereto, of the property’s record owner for any purpose.
(C) Utility security deposits. For the purpose of guaranteeing payment, each applicant for utility service shall make a non-interest-bearing deposit to the City Clerk in an amount established by resolution of the City Council. If the applicant is not the property’s record owner, an additional non-interest bearing deposit may be required of the record owner in an amount established by resolution. Any such deposit shall be recorded and maintained by the City Clerk and shall remain continuously on file; provided, however, it shall be refunded in the event there are no account delinquencies for a period of one year from the date of initial deposit. The deposit may be applied toward the payment of any delinquent account; if so applied, an additional full security deposit shall be made as a condition of continued service.
(D) Utility billing cycle. The City Clerk will bill for utilities on the twelfth of each month or on the next business day thereafter whenever the twelfth is not a business day. Account payments are due, and the City Clerk must receive payment in full, on or before the first day of the following month. Any account not paid in full by the first day of the month is deemed delinquent on the second day of the month and is subject to assessment of a late fee and disconnect as provided by law. Any amount delinquent, including any late fees, shall constitute a lien on the premises to which the utility was supplied, regardless of the name(s) in which the utility account is titled. The City Clerk shall index the lien in the records of the office of the county register of deeds and shall mail a copy of it by regular U.S. mail to the address of the property’s record owner on file.
(E) Late fees. A late fee in the amount of 10% shall be charged to any account each month any balance or portion thereof due is delinquent.
(F) Utility meters. Any utility meter that measures a utility provided by the city shall be furnished and installed by the city or its contracted agent. Only meters approved by the city shall be installed and used. Meters shall be and remain the property of the city. As a condition of continued service, the customer shall keep all meters clean and in good repair, at the customer’s expense, and the owner or occupant of the premises where a meter is located shall provide ready and convenient access to the meter so it might be easily examined, accessed and read by city personnel. If the meter is located inside a residence, the city shall give 24 hours’ notice to the owner or occupant if the meter needs to be accessed; if access is denied, the city reserves the right to disconnect service until such time access is permitted. The city reserves the right to test, repair and replace any utility meter at any time.
(G) Utility defined. For the purposes of this section, UTILITY shall mean water, sewer, gas and garbage disposal service.
(Ord. 471, passed 3-25-2024; Res. 2024-07, passed 4-29-2024)
UTILITY FRANCHISES
No person, company, association, firm, partnership, limited liability company, corporation or other entity shall, at any place or location within the city, without first having obtained a franchise or permit from the city:
(A) Provide, sell, furnish, transport or distribute natural gas, electricity, water or sewer;
(B) Erect, construct, operate, maintain or use any natural gas pipeline, service line, plant or system, gas works, power plant, electric or other light works, heating plant, waterworks or sewage plant for the purpose of providing, selling, furnishing, transporting or distributing natural gas, electricity, water or sewer service to any user or consumer within the city;
(C) Use the streets or alleys of the city for such purposes; or
(D) Interconnect any building, structure or facility of any kind to any pipeline, system, main, service line or other conduit or facility of any type for the purpose of providing, selling, furnishing, transporting or distributing natural gas, electricity, water or sewage.
(Prior Code, § 4-601) Penalty, see § 50.99
Section § 50.15 of this chapter shall not apply to the city, operating through Ponca Public Utilities, which is the primary provider of public utilities to or at all points and locations within the city.
(Prior Code, § 4-602)
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