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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.
A. Utility Service charges not paid by the billing due date are considered delinquent and may result in turn off of Utility Services. Where a Customer is delinquent on one account but current on another, Utility Services may be turned off at either or both locations. Subject to § 103.04, the Department will endeavor to provide notice to the lawful occupant of a structure that Utility Services will be terminated for nonpayment if the Department has actual notice and verification of such lawful occupancy within a reasonable time prior to service disconnection. The notice may include a summary of the procedures available to the occupant to avoid termination of Utility Services.
B. Subject to § 103.04, tenants, lessees or similar non- contracting parties with the Department are not Customers, third-party beneficiaries of a Customer or the Department, contract holders or account holders. Tenants, lessees or similar non-contracting parties who have had the water turned off at the structure where they reside may choose to seek legal advice regarding landlord-tenant, bankruptcy, estate, receivership and/or foreclosure laws that might impact the property Owner.
C. Subject to § 103.04, land contract vendors, as the Owners of the Premises, are required to contract for Services for any properties being sold via land installment contract. The vendee is not the Owner for purposes of TMC § 933.07, etc. Land contract vendees may only apply for Utility Services in the Owner's name, care of the vendee, if the following conditions are met: 1) vendor refuses to contract for Services or defaults on the Utility Services, 2) vendee provides the Department a complete copy of the valid and recorded land installment contract highlighting the portion that specifically states that the vendee shall be responsible for paying the bills for Utility Services, and 3) the vendee deposits at least two (2) quarters' usage, as determined by the Department, to ensure payment of Utility Services.
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