(A) The village may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets or attempts bypassing, tampering or unauthorized metering when any such act results in damages to a village utility. The village 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.
(B) In any civil action brought pursuant to this section, the village shall be entitled, upon proof of willful or intentional bypassing, tampering or unauthorized metering, to recover as damages the amount of the actual damage or loss if the amount of the damage of loss is susceptible to reasonable calculation, or liquidated damages, or $750 if the amount of actual damage or loss is not susceptible to reasonable calculation.
(C) In addition to damage or loss under divisions (A) or (B) above, the village may recover all reasonable expenses and costs incurred due to the bypassing, tampering or unauthorized metering, including, but not limited to, disconnection, reconnection, service calls, equipment costs of the suit and reasonable attorneys’ fees in cases within the scope of Neb. RS 25-1801.
(D) There shall be 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 such bypassing, tampering or unauthorized metering if the tenant or occupant 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 was responsible or partially responsible for payment, either directly or indirectly, to the utility or any other person for utility services to the premises.
(E) There shall be rebuttable presumption that a customer at any premises where bypassing, tampering or unauthorized metering is proven to exist caused or had knowledge of such 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.
(F) The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws, and the remedies provided in this section are in addition to and not in limitation of any civil or criminal statutory or common law remedies.
(Prior Code, § 12-206) (Ord. 546, passed 4-27-2011)
Statutory reference:
Prohibited acts; penalty, see Neb. RS 14-2149