§ 50.04 UTILITIES DISCONNECT LIST.
   (A)   This section applies to all utilities operated by the town, including water, sewer and electric.
   (B)   Customer bills for these utilities are due on the tenth of each month with a 15-day grace period. If customers exceed the 15-day grace period (i.e., don’t pay by the twenty-fifth of the month), utilities will be turned off without any further notice.
      (1)   Home energy assistance program. The town shall not, during the period from December 1 through March 15, disconnect residential electric service to any customer whose eligibility to receive benefits pursuant to I.C. 4-4-33 is being determined by the Indiana Housing and Community Development Authority or its designee after the submission of a complete application for benefits by the customer to the authority or its designee and the customer has furnished to the town proof of his or her application to receive such benefits or the town has been so notified in writing by the Indiana Housing and Community Development Authority or its authorized representatives.
      (2)   Medical statement. The disconnection of residential electric service to a customer shall be postponed for a period of ten days if, prior to the disconnect date specified in the disconnect notice, the customer provides the town with a medical statement from a licensed physician or public health official which states that disconnection would be a serious and immediate threat to the health or safety of a designated person in the household of the customer. The postponement of the disconnection shall be continued for one additional ten-day period upon, the provision of an additional medical statement.
      (3)   Financial hardship. Utility services shall not be disconnected if a customer shows cause for his or her inability to pay the full amount due (financial hardship shall constitute cause) and the customer:
         (a)   Pays a reasonable portion (not to exceed $10 or one tenth of the bill whichever is less), unless the customer agrees to a greater portion of the bill;
         (b)   Agrees to pay the remainder of the outstanding bill within three months;
         (c)   Agrees to pay all undisputed future bills for service as they become due;
         (d)   Has not breached any similar agreement with the utility made pursuant to this rule within the past 12 months. Provided, however, that the utility may add outstanding bill a late payment charge not to exceed the amount set by law; and
         (e)   The above terms of agreement shall be put in writing by the utility and signed by the customer and by a representative of the utility.
      (4)   Unusually large bill. Utility services shall not be disconnected if a customer or user is unable to pay a bill, which is unusually large due to a prior incorrect reading of the meter, incorrect application of the rate schedule, incorrect connection or functioning of the meter, prior estimates where no actual reading was taken for over two months, stopped or slow meter, or any human or mechanical error of the utility, and the customer:
         (a)   Pays a reasonable portion of the bill, not to exceed an amount equal to the customer’s average bill for the six bills immediately proceeding the bill in question;
         (b)   Agrees to pay the remaining at a reasonable rate;
         (c)   Agrees to pay all undisputed future bills for service as they become due; provided, however, that the utility may not add to the outstanding bill any late fee;
         (d)   The terms of agreement shall be put in writing by the town and signed by the customer and a representative of the town.
      (5)   Utility services shall not be disconnected where otherwise prohibited by law.
   (D)   Utility services shall be restored as soon as reasonably possible, but within one working day, when the outstanding bill and all other applicable fees are paid in full. In the event payment is made after regular business hours, utility services will not be reconnected until the following business day. Required fees to be paid for reconnection of utility services are as follows:
      (1)   Total amount of bill owed;
      (2)   $75 reconnection fee;
      (3)   Penalty of 10% of outstanding balance owed; and
      (4)   In addition, the customer must complete any all and all forms required by the town for a credit check if requested.
(Ord. 2007-716, passed 5-16-2007; Ord. 2009-734, passed 5-12-2009; Ord. 2012-6, passed 3-28-2012)