§ 1056.05 BILLING.
   (a)   Billing periods. Bills will be rendered by the utility to the customer on a monthly basis. Non-receipt of bills by customer does not release or diminish the obligation of customer with respect to payment thereof. The responsibility for payment of all internet services shall be with the individual or entity whose name appears on the application for service as the "customer".
   (b)   Billing adjustments. The utility may adjust then current or subsequent bills to address billing errors or omissions from prior bills. There is no limitation on the time when the utility may back bill for such billing errors or omissions.
   (c)   Payment of bills. The customer shall pay bills at the utility office during the regular office hours or to any of the utility's authorized collecting agent during the regular office hours of the agent. Any remittance received by mail at any office of the utility bearing U.S. Postal Office cancellation date corresponding with or previous to the last date on which the bill is payable "net" will be accepted as within the net payment period.
   (d)   Deposits.
      (1)   A deposit of $0.00 shall be for the following utility service when combined with water, or sewer, and/or electric:
         A.   Internet service.
      (2)   A deposit of $50.00 shall be for the following utility service:
         A.   Internet service only.
      (3)   Notwithstanding division (d)(1) of this section, a deposit not exceeding $300.00 for a combined utility service of electric, water, and sewer for residential customers or 150% of an estimated average bill for commercial customers (unless the service is temporary) may be required of the customer at any time, or from time to time before or after service is commenced. Deposit criteria will be affected by but not limited to:
         A.   Past general credit history;
         B.   Past payment history (with the utility);
         C.   End use of service; and
         D.   Duration of service.
      (4)   The utility office shall have a reasonable time in which to ascertain that the obligations of the customer have been fully performed before being required to return any deposit. The deposit shall be credited to the customer's account when payments have been made by the due date on 12 consecutive months, unless the customer's account has been terminated. Where the account has been terminated, any remaining deposit not used to credit the account shall be directly reimbursed to the customer within 30 calendar days.
      (5)   There shall be no interest paid or accrued on deposits.
      (6)   Losses incurred by the utilities because of the insufficiency of the utilities deposit to cover unpaid charges shall be distributed proportionately among the four utilities of water, sewer, electricity, and internet.
   (e)   Charges and payment for temporary service.
      (1)   In addition to regular payments for internet service, the customer may pay the cost for all material, labor and other necessary expenses incurred by the utility in supplying service to the customer at his or her request for any temporary purpose to use (one year or less). The utility may, at its option, require that any customer for temporaiy service deposit with the utility a sum equal to the utility's estimate of the cost to be incurred by it for temporary service.
      (2)   After the service has been discontinued and all actual costs determined, any sum deposited by the customer in excess of the actual cost shall be refunded to him. If the utility elects to leave in place any or all of the facilities provided, constructed or installed to render such temporary service, an amount of the customer's deposit shall be returned to the customer such that the customer shall only be charged for the facilities not retained.
   (f)   Right to discontinue service.
      (1)   After giving notice as specified below, the utility shall have the right to discontinue service for any of the following reasons or purposes:
         A.   Refusing reasonable access to the utility's facilities;
         B.   Non-payment of bills for service when bills are due;
         C.   Failure to furnish or maintain a required security deposit; and
         D.   Material violation of any of these rules and regulations not otherwise covered in this provision.
      (2)   The utility shall have the right, without notice, to discontinue service and disconnect and remove from the premises of a customer, the equipment and any other properly belonging to the utility for any of the following reasons or purposes:
         A.   Non-use of service;
         B.   Fraudulent representation or practice and theft of service; and
         C.   Whenever deemed necessary by the utility for safety reasons.
   (g)   Termination procedures.
      (1)   It is determined that a customer is delinquent in rendering payment for service when the billing for service remains unpaid after five business days from the due date. Whenever a customer is delinquent in providing payment for service from the due date of the bill, the utility shall mail a delinquency notice to the customer (and landlord/customer if applicable).
      (2)   The utility may, after proper and reasonable notice of pending termination of service (not less than ten days), terminate the customer's service during normal utility business hours in compliance with the following conditions:
         A.   No delinquent bill disconnection 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 utility to perform a reconnection are not regularly performed.
         B.   Those utility employees who normally perform the termination of service will be authorized to make available to the customer, means to avoid disconnection. Such employees at the premises shall not be authorized to make extended payment arrangements.
         C.   The notice of termination sent to the service address (and billing address, if different) shall be in writing, and shall identify the amount owed, the date which service may be terminated, and the reason for termination.
      (3)   If a guarantor is required in order to reestablish service, the guarantor must sign an acknowledgment or willingness to accept the responsibility for payment of the customer's bill in case of the customer's default.
   (h)   Change of address of customer. When a customer changes his or her address, he or she shall give notice of his or her intent to do so to the utility prior to the date of change. If the customer received internet service at a premises at any time during a particular month, the customer is responsible for service supplied for the entire month regardless of when he or she changed his or her address.
   (i)   Change in tenancy or ownership. At such time as the utility is notified of a change of tenancy or ownership, the utility shall prepare and mail a final bill. If the former customer received internet service at a premises at any time during a particular month, the former customer is responsible for service supplied for the entire month regardless of when tenancy or ownership ceased during the month.
(Ord. 29-2019, passed 10-21-2019)