(A) Consumer-initiated disconnections. Consumer requests for disconnection of service(s) must be submitted to the City in writing. Request to disconnect service must be submitted in writing to the Finance Department. All requests, including requests for refunds of deposits, must be signed by the consumer or by their attorney-in-fact or duly-authorized agent, by an officer of the duly-authorized corporate agent, representative of an association, corporation, body politic, or governmental agency, or by both husband and wife, if the service was connected in the name of both. In the case of rental property, an owner who is not an applicant may request disconnection upon the written consent of the applicant.
(B) Disconnection for cause - nonpayment.
(1) All utility bills are due and payable on or before the date set forth on the bill. If any bill is not paid by or before that date, the bill is delinquent. After delinquency, the City shall provide the person receiving services and the property owner with a minimum of one (1) written notice mailed or delivered to the person and the property owner at their last known address, that service may be discontinued for nonpayment unless the delinquent charge is paid in full or unless other payment arrangements are made with the City. If a bill is not paid within twenty-five (25) days of the due date, the City may discontinue utility service to the property without further notice.
(2) Any person disputing a bill shall have a right to file a complaint with the City as described in § 10.04.046(A). All complaints concerning billing matters shall be lodged with the Department of Finance no later than thirty (30) days after the due date of the disputed bill. If the matter is not resolved at the department staff level, the person disputing the bill may file an appeal under § 10.04.046(B).
(3) The City shall not discontinue utility service where a complaint has been filed under § 10.04.046(A), except upon at least ten (10) days' prior notice and the provision of a written decision notifying the person receiving services and the property owner of the City's decision on the complaint and identifying the amount due. Where an appeal is filed with the City regarding a billing dispute, the City may require the person filing the appeal to tender payment or partial payment of the disputed sums pending the decision or risk disconnection. If the person filing the appeal prevails, any disputed sums will be returned with interest at three and one-half percent (3.5%) per annum from the date of payment.
(C) Disconnection for cause - other.
(1) Upon giving at least five (5) days’ written notice to the consumer, the City may discontinue service for any one (1) or more of the following causes:
(a) The consumer or their agent uses or attempts to use utility service with the intent to defraud the City of payment.
(b) The consumer or their agent uses utility service to further an illegal purpose or to advance any purpose other than that described in the consumer’s application for utility service or for extension of utility service.
(c) The consumer or their agent re-sells or redistributes water or electricity in violation of the City’s fee or rate schedules or in violation of any provision of this Title.
(d) The consumer, their agent, or invitee tampers with any service connection, key box, meter, meter seal, or other property of the City. Evidence of a broken meter seal or the insertion of a by-pass will require the consumer to pay for the estimated quantity of water or electricity that has been delivered and not registered, plus the cost to restore the meter to the proper working order and any other necessary expense or charge.
(e) The consumer, their agent, or invitee, refuses the City of reasonable access to the subject property for the purpose of inspecting, reading, repairing, or removing a meter or other City equipment.
(f) The consumer, or their agent, refuses to comply with and/or violates the requirements of this Title.
(g) The consumer refuses or fails to repair any defect or leak in the consumer’s service line by a date established in writing by the Director of Public Utilities.
(h) The consumer or their agent refuses or fails to protect City facilities or equipment, or interferes with or permits another person to interfere with the City’s facilities or equipment. If the equipment or facilities are damaged, or seals placed on the equipment or facilities are damaged or removed, the City will discontinue service until satisfactory assurance has been provided that the equipment or facilities will be free from future interference. The consumer shall reimburse the City for any damage to the equipment or facilities and for the estimated loss of revenue prior to the restoration of service.
(2) Where, in the judgment of the Director of Public Utilities, an imminent health or safety hazard exists, the City may disconnect or discontinue the utility service immediately and without prior notice to the owner or to the consumer. In such case, subsequent written notice of the basis for disconnection and/or discontinuance of service shall be provided to the owner and or to the consumer within twenty-four (24) hours of the disconnection or discontinuance of service.
(3) Any consumer disputing disconnection or discontinuation of service notice for cause under this subsection may file a complaint with the Department of Public Utilities as described in § 10.04.046(A). If the matter is not resolved at the department staff level to the satisfaction of the consumer, the consumer may file and appeal under § 10.04.046(B).
(4) The City shall not disconnect or discontinue utility service where the consumer has filed a complaint under 10.04.046(A) except upon at least an additional five (5) days’ notice and the provision of a written decision notifying the consumer of the City’s decision on the complaint. Where, in the judgment of the Department Director, an imminent health and/or safety hazard exists, the City may disconnect or discontinue service while a complaint is pending.
(5) In addition to disconnection or discontinuance of utility service(s), the conduct identified in subparagraph (C)(1)(a-h) may subject the consumer and/or their invitee or agent to additional penalties set forth in § 10.04.080, plus any surcharge required to be imposed by AS 12.55.039. The City may also elect to abate a violation which constitutes a public nuisance under Chapter 11.12.
(6) When a notice is given that an act to correct a violation under this Title is required to be done at or within a specified time, the Director may, in their discretion, order the period enlarged if the consumer and/or owner requests an extension of time for good cause shown prior to the expiration of the period originally prescribed (or as extended by a previous order) or, upon request made after the expiration of the specified period, the Director may extend the time for the act to be done where the failure to act by the consumer and/or owner was the result of excusable neglect.
(Ord. No. 2001-05, passed 5-8-01; Am. Ord. 2005-18, passed 10-5-05; Am. Ord. 2010-12, passed 9-28-10)