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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.
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.
On February 23, 1992 the City of Toledo entered into a Judgment Entry (By Consent) in the matter styled as Ruby McDowell, et al. v. City of Toledo, et al. filed with the Lucas County Court of Common Pleas as Case No. CI1989-01709. The Department shall comply with the provisions of the Judgment Entry (By Consent) so long as the City of Toledo is subject to its provisions.
A. Utility Services are billed monthly or quarterly on a schedule determined by the Department. Any Customer at any time may voluntarily pre-pay charges for Utility Services, such as on a monthly budget basis. Payment due dates are indicated on every bill statement. Payments are applied to delinquent balances first and then via a posting sequence determined by the Department. If a charge is not paid in full by the due date, a late payment charge will be added.
B. Fire protection accounts are billed monthly or quarterly at the rates set forth in TMC § 933.02 depending upon the size of the service and the number of hydrants.
C. Delinquencies on one or more accounts may be transferred to one or more accounts held by the Customer or an entity under the control of said Customer.
D. Delinquencies on one or more accounts may be transferred to another account at the same address.
E. Bills for a partial cycle will be prorated.
F. Billing based on metered use of Utility Services will ultimately be charged according to the meter reading, which is presumed to be accurate unless proven otherwise by Customer.
G. The Department may always go back and bill for unbilled consumption without regard to the age of the consumption.
H. There is no time limit for the Department to discover and act on an advancing meter where the billing software shows the account turned off.
I. While invoicing should occur regularly, this activity is not a defense to a Customer's or Owner’s responsibility for payment for Utility Services rendered to a Premises. Customers and Owners are not relieved of the obligation to pay for Utility Services because, for example, a bill is returned to the Department, the bill was not delivered or the bill was not otherwise received by the Customer.
J. Customers who are approved for any legally permissible discount program for Utility Services may apply for such discount with the Department, and the discount will be applied prospectively, not retroactively.
A. When a sanitary sewer is constructed, all Premises having access to the sanitary sewer shall tie into the sanitary sewer by means of a sewer tap. Each Premise shall tap into the sanitary sewer within ninety (90) days from the date of the notice from the Division of Engineering Services, or other appropriate agency, that the sanitary sewer is available in accordance with TMC § 927.01.
B. All Premises, having tapped into the sanitary sewer as required, shall accrue sewer charges from the date the tap was required to have been made regardless of when the tap was actually installed. Sewer charges start on the 91st day. Additionally, failure to connect within the 90-day period as directed, may result in legal action by one or more public agencies authorized to enforce state, city or county health regulations.
A. When it is not possible for any reason to read a meter, the amount of water used for that period is estimated using historical or comparable data.
B. Callbacks to read meters, when missed because of inability to gain entrance to the Premises, will not be made unless specially authorized by the Director and may be subject to administrative charges.
C. A correction of estimated bills will not be made until an actual meter reading is obtained. Charges for unbilled consumption will be made and a so-called backbill issued. There is no time limit for the Department to discover unbilled consumption and to backbill for same at the current rates. Refund of a verified overpayment will be credited to the Customer's account. If the Customer terminates the Utility Service account, any refund due will be credited on the final bill. Notwithstanding the foregoing, at the discretion of the Department, credits on one account may be transferred to another held by the contract holder or added to the current account for the Premises.
D. The Customer is solely responsible for reading every bill and being aware of the Customer's consumption patterns. If Customer observes more than two (2) consecutive estimated bills, it is incumbent on the Customer to contact the Customer Service to discuss the matter.
E. The Department may terminate Utility Services and pursue all applicable collection actions if a Customer repeatedly fails to provide reasonable and safe access to read, inspect and maintain all Meters and related infrastructure.
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