102.04 Utility Service is Continuous

   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.

102.05 Resale of Utility Services

   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.

CHAPTER 103 SERVICE DISCONNECTIONS

103.01 Nonpayment

   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.

103.02 Additional Reasons

   A   The Department may terminate Utility Services after notification by mail, electronic mail, telephone, fax, or in person for the following reasons:

      1.   Failure to comply with these Rules and Regulations;

      2.   Failure to provide reasonable and safe access to all Meters and related infrastructure or for the presence of any animals or other obstacles deemed by the Director hostile or a safety risk;

      3.   Delinquencies on any properties receiving Utility Services, including situations involving a Split, of the Account Holder and under the Account Holder's control;

      4.   Cross-Connection or interconnection with any other supply of water when not approved by the Department. This includes installation of pipe and fixtures allowing the possibility of back-siphonage or Backflow, in the opinion of the Department.

      5.   Failure to promptly repair leaking Customer Branch within forty-eight (48) hours after being notified of the problem;

      6.   When a building or Premises receiving temporary service has been completed to the extent that a Meter could be reasonably protected and has not been installed; or

      7.   As authorized by the Director.

   B.   Turn Off Without Notice. The Department may turn off Utility Services without notification for any of the following reasons:

      1.   Willful waste of water;

      2.   Making any additions or alterations in or about the Customer's Branch without prior written Department permission;

      3.   Failure to complete all the application steps or to execute a proper contract.

      4.   Where property vacancy or abandonment is determined by the Department, or if, in the opinion of the Department, damage may be caused to building or to contents.

      5.   Failure to follow terms of a deferred payment agreement;

      6.   Notification that the Customer or Account Holder no longer owns the Premises;

      7.   Any situation deemed by the Department as an emergency or hazardous or dangerous to the public health or safety, including, without limitation, Cross-Connection;

      8.   Unauthorized Use, Tampering, or Theft of Utility Services;

      9.   Failure to notify the Department of address or other changes that result in the Department's bills being returned;

      10.   Unpaid liened or lienable charges;

      11.   Repeated charge backs or insufficient funds or other bad payment;

      12.   Use of Utility Services on any Premises other than that recorded in the application, except as authorized in writing by the Department;

      13.   As authorized by the Director.

   C. The Department is not liable if a turn off is not performed at a specific date, time or manner.

103.03 Utility Services Turn On

   Utility Services that have been turned off pursuant to this chapter will not be turned on again until the cause of the turn off has been removed and all applicable charges have been paid. Utility Services to a Premises shall be turned on only by employees of the Department.