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A. Customers shall be liable for any and all Utility Services, repairs, and damages which, in accordance with these Rules and Regulations, TMC, the ORC and applicable laws are the responsibility of the property Owner and/or Customer.
B. Customers must provide reasonable and safe access for the Department to read, inspect, and maintain all inside Meters and related infrastructure. Failure to provide such access may result in a penalty based on the Meter size and/or notification that a Remote Register or Radio Transmitter must be purchased from and installed by the Department. Failure to comply will result in billing of an additional charge of not less than one hundred dollars ($100.00) for each successive estimated Meter read and/or termination of Utility Service. After a Remote Register or Radio Transmitter is installed, the Department will still require periodic, reasonable and safe access to read, inspect and maintain the Meter and related infrastructure not less than once per year.
C. Customers with remote registers or radio transmitters are responsible for ensuring that the reading on the remote or transmitter matches the meter. Any discrepancy must be reported to the Department for alignment. Furthermore, in the event of any discrepancy between the meter and the remote register or radio transmitter, the meter will prevail.
D. The Department must receive payment-in-full for all Utility Services by the due date.
E. Closing an account. Customers wishing to terminate or turn off Utility Services may do so by contacting Customer Service; termination of fire contracts must be in writing and be approved in writing by the Department of Fire & Rescue. After final reading of the meter a final bill will be prepared showing all charges owed.
1. The Customer must arrange reasonable and safe access to the Premises so that all Meters and related infrastructure can be finally read, inspected and maintained by the Department for calculation of the final bill. Failure to do so may result in a penalty fee of no less than one hundred dollars ($100.00) for forcing an estimated final bill to be produced. A correction of an estimated final bill will be made when an appropriate actual Meter reading is obtained.
2. If a minimum amount of water has been used, the charge will be prorated for the proportionate part of the billing period which it covers, applied to the minimum rate or the unit price applied to the quantity of water used, whichever is greater.
3. Final bills are issued to Customers who request either a change of account or a service disconnection.
4. Storm water accounts will not be closed permanently.
F. All Customers who are seeking to initiate or restore water services must comply with these Rules and Regulations, including, without limitation, § 101.05, above.
A. Failing to provide reasonable and safe access or failing to show up for a Customer-requested or Department-ordered appointment will result in service charges being levied to the account.
B. Writing "payment in full" on a check that is less than the amount rightfully owed to the Department is prohibited and shall not constitute an accord and satisfaction of the Customer's obligations. Rather, "payment in full" checks accepted and cashed by the Department shall be without prejudice, and shall completely reserve any and all rights that the Department has in order to collect any unpaid balance.
Sellers of property receiving Utility Services must contact the Department to discontinue Utility Services, to schedule and provide reasonable and safe access for a final Meter and infrastructure read and inspection and arrange for payment of the final bill(s). Termination of Utility Services by the seller and/or Account Holder will only occur upon evidence of a valid confirmation number issued by Customer Service; otherwise, charges will continue to accrue on the active account until properly terminated. If the seller and buyer of a Premises intend to pro-rate the Department's charges at the closing of the property transfer, it is the seller's responsibility to contact the Department with sufficient advance notice to schedule the final Meter read, provide reasonable and safe access to the Meter and infrastructure, and have the Department calculate the final charges due, subject to Unbilled Consumption contemporaneous with the property transfer date. Buyers of property must contact the Department to apply for Utility Services. The Department reserves the right to refuse Utility Services until all unpaid charges owed on the purchased property are paid in full. Failure to perform these actions may result in the termination of Utility Services and/or the Department taking any and all available collection activities. The mere change in ownership without appropriate steps taken by the seller and Account Holder to terminate service through Customer Service does not relieve the seller and Account Holder from responsibility of the charges on the account.
On every account, Utility Service shall be continuous until such time as a final read is obtained by the Department or until the Department discontinues Utility Service due to problems such as delinquencies or violations of any law, rule or regulation. All charges, including minimum charges that accrue without any actual usage, shall be attributed to the Owner of record, and the Owner's successors and assigns, and the Account Holder(s), jointly and severally, until payment-in-full is received by the Department. A final read can only occur by physical inspection of all meters by the Department. Notwithstanding the foregoing, storm water charges shall be continuous.
A. In the event a Customer obtains specific authorization from the Director for the Resale of Utility Services, the limitations for such Resale of Utility Services shall be determined from time to time by the Director.
B. Unless otherwise required by law or contract, all administrative costs related to the Resale of Utility Service shall be at the Customer's sole expense, including, without limitation, sub-metering accuracy, installation and maintenance, so-called water loss, meter reading, billing and collection activity.
C. The Customer's bills to non-Customers containing charges and fees for the Resale of Utility Services shall not be used for profit from the Resale of Utility Services. "Profit" shall be determined by the Director and shall generally mean no more than ten percent (10%) above what the Department billed to the Customer.
D. Failure to comply as directed by the Department may result in the Department pursuing all actions deemed necessary or appropriate, including, without limitation, discontinuance of Utility Service without notice, the addition of penalties or fees or charges, and legal action. All costs incurred to implement these methods will be charged to the Customer.
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