Rule 1. These rules apply to the city and all persons, firms, corporations or other entities which connect to the city water and/or sewer system.
Rule 2. The city shall not discriminate against nor penalize a customer for exercising any right granted by these rules.
Rule 3. The informal procedures required by these rules shall not constitute a contested case.
Rule 4. The city shall render a bill once during each billing period to every customer in accordance with its rate schedule. All billings shall be made upon actual meter reading except when billed by a flat rate.
Notwithstanding the foregoing, the city may estimate the bill of any residential customer if extreme weather conditions, emergencies, work stoppages or other circumstances prevent actual meter readings. If the city is unable to gain access to read a meter, the city shall undertake reasonable alternative measures to obtain actual readings. If the customer fails to comply with requests of the city or makes reading of the meter unnecessarily difficult, the city may render an estimated bill notwithstanding the above. When an actual reading cannot be obtained, the city shall maintain accurate records of the reasons therefor and efforts it has made to secure the actual reading.
Rule 5. The city may bill its customers on a cyclical basis if the individual customer receives each billing on or about the same day of each billing month. If the city changes meter reading routes or schedules, billing cycles may be altered upon ten (10) days' written notice to the affected customer.
Rule 6. The city shall permit each customer at least fourteen (14) calendar days from the date of rendition of each bill for payment in full.
The date of rendition of a utility bill shall be the date of physical mailing of the bill by the city. If the last calendar day for remittance falls upon a Saturday or Sunday, legal holiday or any other day when the offices of the city regularly used for the payment of customer bills are not open to the general public, the final payment date shall be extended through the next business day.
Rule 7. The city shall not employ any net/gross payment discount provision or assess any late payment charge in determining the amount of any bill due and owing by a residential customer, if paid prior to the next billing date.
Rule 8. Every bill rendered by the city for utility service shall state clearly:
A. The beginning and ending meter readings of the billing period and the dates thereof.
B. The date of the bill.
C. Any previous balance.
D. The amount due for usage.
E. The amount due for any other authorized charge.
F. Total amount due.
G. The address and telephone number of the city designating where the customer may initiate an inquiry or complaint regarding the bill as rendered or the service provided by the city.
A separate bill shall be rendered for each location and the city shall not combine two (2) or more accounts without written authorization of the customer.
Rule 9. The city may require from a customer a deposit to guarantee payment under the following conditions:
A. When the customer's past record with the city or with a similar utility indicates a poor record of payment;
B. When a new customer cannot secure a cosigner for guarantee of payment;
C. When a new customer cannot furnish a letter of good credit from a reliable source.
Rule 10. The city shall not require a cash deposit or other guaranty as a condition of continued service unless a customer has an unsatisfactory credit or service standing with the city based upon either of the following:
A. The service of the customer has been discontinued for nonpayment of a delinquent account not in dispute; or
B. In an unauthorized manner, the customer has interfered with or diverted the service situated or delivered on or about the customer's premises if the finding of unauthorized interference is made and determined after opportunity for hearing is provided to the customer or is not in dispute.
Rule 11. A cash deposit required pursuant to these rules is subject to the following terms and conditions:
A. A deposit required as a condition of new service due to a prior outstanding account not in dispute shall not exceed three (3) times the average monthly bill. The city may also require payment of the prior outstanding account as a condition of new service.
B. A deposit required as a condition of continued service due to discontinuance for nonpayment shall not exceed three (3) times the customer's average monthly bill. The city may also require payment of any prior outstanding account as a condition of continued service.
C. A deposit required for new or continued service due to unauthorized interference or use shall not exceed one hundred dollars ($100.00).
D. Upon termination of service, the deposit shall be credited to the final bill and the balance, if any, shall be returned promptly to the customer.
E. The credit of a new customer shall be established and a deposit shall be refunded promptly by the city upon satisfactory payment by the customer of all proper charges for utility service for a period of six (6) successive months. Payment is satisfactory if made prior to issuance of notice of discontinuance for nonpayment. In the case of any dispute concerning service, deposited funds may be held pending resolution of such dispute.
F. The city shall maintain a detailed record of all deposits received from customers showing the name of each customer, the location of the premises occupied by the customer at the time of making the deposit and each successive location while the deposit is retained, date of making and the amount of the deposit and the date such deposit is returned. A detailed receipt shall be given to each customer posting a cash deposit.
Rule 12. The city shall have available at all regular business hours personnel to respond to inquiries and receive service requests or complaints.
Rule 13. The city shall keep on file and provide public access to a copy of these rules together with a schedule of all utility rates and service charges. Upon request, the city will provide a copy of such rules or schedules to a customer. The city shall be entitled to reimbursement for the cost of providing such copy.
Rule 14. Subject to the notice requirements contained in these rules, the city may discontinue service to a customer on a date specified in such notice or within a reasonable time thereafter between the hours of eight o'clock (8:00) A.M. and four o'clock (4:00) P.M. Service shall not be discontinued on a day immediately preceding a day when the services of the city are not available to the general public for the purpose of reconnecting discontinued service.
Immediately preceding physical disconnection of service the employee of the city designated to perform such function shall attempt to locate the customer or other responsible person then upon the premises, identify himself and announce the purpose of his presence. Such employee shall have in his possession the past due account of the customer and make final request for payment. Such employee shall not discontinue service if the customer then and there tenders payment in full together with a reasonable charge for sending the employee to the premises.
Payment may be made by the customer in any reasonable manner including personal check. Payment by personal check shall not be deemed reasonable if the customer has on any previous occasion within the last three (3) years tendered payment in this manner and the check has been returned for insufficient funds.
When service is discontinued the employee shall leave notice upon the premises in a manner conspicuous to the customer that the service has been discontinued and the address and telephone number of the city office where the customer may arrange to have service restored.
Rule 15. Notwithstanding any other provision to these rules, the city shall postpone the physical discontinuation of service to a residential customer for a reasonable time not in excess of twenty one (21) days if such customer produces a physician's certificate or notice from a public health service which states that physical discontinuation will aggravate a serious existing medical emergency of the customer, a member of his family or other permanent resident of the premises where services is rendered. The certificate shall identify the emergency and specify the period of time during which discontinuation will aggravate the circumstances.
Rule 16. After service has been discontinued the city shall restore service promptly upon the customer's request when the cause for discontinuation of service has been cured or satisfactory credit arrangements have been made. The city may charge the customer a fee reasonably related to the manner in which service was discontinued for restoration of that service.
Every effort shall be made to restore service as soon as possible after requested.
Rule 17. Subject to the requirements of these rules the city may discontinue service to a customer for one or more of the following reasons:
A. Nonpayment of a delinquent account,
B. Failure to post a cash deposit when required,
C. Unauthorized interference with or diversion or use of the service situated or delivered on or upon the customer's premises,
D. Refusal to grant access at reasonable times to equipment installed on the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement,
E. Misrepresentation of identity for the purpose of obtaining service,
F. Violation of any other rule of the city on file which adversely affects the safety of the customer or other persons or the integrity of the city's delivery system.
Rule 18. The city shall not discontinue service pursuant to these rules unless written notice by first class mail is sent to the customer or personally served at least ten (10) days prior to the date of the proposed discontinuance. Notice shall be sent to the account name and address and to the address where service is provided if different. In those cases where the city has knowledge that the owner of the property and the person in whose name the account is, are different, notice shall be sent to both. Service of notice by mail is complete upon mailing. An accurate record of the date of mailing shall be kept by the city.
Notice of discontinuance shall not be issued if a customer has pending with the city a complaint concerning the bill upon which the notice is based.
Rule 19. The notice shall contain the following information:
A. The name and address of the customer and the owner of the property if different from the customer,
B. A clear and concise statement of the reason for the proposed discontinuation of service,
C. The date, or within a reasonable time thereafter, upon which service will be discontinued unless the customer takes the appropriate action,
D. The right of the customer to meet with the city water clerk to present facts or circumstances justifying failure to pay water or service charges or violation of any other rule that is specified in the notice and be represented by counsel at such meeting,
E. The telephone number and address of the city office where the customer may make inquiry, enter into a settlement agreement or file a complaint. If the customer cannot pay the entire outstanding delinquent account at that time and does not dispute the amount due and owing, the city water clerk may enter into a settlement agreement providing for payment over a period of time, and if such agreement is entered into, service shall not be discontinued.
Rule 20. When a customer advises the city water clerk prior to the date of any proposed discontinuation of service that a bill as rendered is in dispute or any other complaint concerning the service received, the water clerk shall note the date, time and place the complaint is made; investigate the complaint promptly; advise the customer of the results of the investigation; attempt to resolve the dispute informally in a manner mutually satisfactory to both parties; provide the opportunity for the customer to enter into a reasonable settlement agreement in order to mutually settle the disputed claim or satisfy any account not in dispute.
Rule 21. If the parties are unable to resolve the dispute in a mutually satisfactory manner, the customer shall have the right to bring the matter before the city council of the city as more fully set forth in chapter 1 of this title.
If only part of a bill is in dispute, the customer shall pay that part not in dispute within five (5) days of meeting with the city water clerk. Failure to make payment within that time shall constitute a waiver of the right to appeal the water clerk's decision.
If the dispute is ultimately resolved in favor of the customer in whole or in part, any excess money paid by the customer shall be refunded promptly with interest at the then current money market certificate rate, as computed by the average rate of the three (3) major banks in Sidney.
Rule 22. The city does hereby claim a lien against any property served for any unpaid delinquent accounts. The connection of any parcel of property to the city's water and/or sewer service system and the acceptance of service from the city shall constitute an acknowledgment of and acceptance of any lien claimed pursuant to these rules. For this reason, the owners of all property shall be held liable for any account entered into by a tenant and shall be ultimately responsible for payment of the service charges, repair and replacement of meter or any other damage not caused by the city, even though the account with the city may be established in the name of the tenant. As set forth above, notice of any discontinuation of a tenant will also be provided to the owner of the property.
A copy of these rules and regulations shall be filed with the clerk and recorder of Richland County, Montana, for the purpose of giving notice of this lien, and all persons who thereafter acquire any property connected to the water and/or sewer system in the city shall acquire such property subject to such lien in the same manner as any other tax or assessment. (Ord. 360, 9-4-1984)