(A) Reasons for disconnection.
(1) Utility service for residential premises may be disconnected or terminated (hereinafter “disconnection”) by the city only for the following reasons:
(a) Non-payment;
(b) Emergencies and repairs; or
(c) At request of both customer and consumer of service.
(2) Disconnections other than at the request of both the customer and consumer of service may not occur without proper notice.
(3) Disconnection includes the removal of water meter and disconnection of private sewer line from city sewer line. Reconnection requires payment of applicable charges in § 51.01.
(B) Notice procedures.
(1) Written notice of proposed disconnection of service, for any reason other than voluntary disconnection as described in this section, must be delivered by the city at least ten days, and no more than 14 days, prior to the date proposed for disconnection. Notices may be mailed with first class postage prepaid to reasonably assure delivery within that time. Notices shall be dated and a copy of any notice sent shall be retained by the city in the business file relating to the address referred to in the notice. Notices shall clearly and conspicuously advise of each of the following facts:
(a) The proposed disconnection date;
(b) The reason for the proposed disconnection, including (if applicable) the amount claimed to be due, the location and hours at which payment in person can be made, and the minimum payment which, tendered at or before disconnection, is necessary to avoid disconnection; and
(c) A notice that a customer of services may avoid disconnection by paying current charges and assuming responsibility for payment of future charges, if the customer owing the current balance does not reside in the service address with the customer.
(C) Voluntary termination of service.
(1) Requests for voluntary disconnection of utility service shall be made at the city utility office, shall be made in writing on a form approved by the service representative, and shall be approved by the customer contractually obligated to pay charges incurred at the service address, and shall also be approved in writing by an adult person actually residing at the affected service address, if the service address is not comprised solely of the billing address of the customer obligated on the account.
(2) If the service address is different than the customer’s billing address, or if there is reason to believe the service address may be occupied by a household other than or in addition to the customer’s household, no disconnection will be processed until a disconnection request form is signed by an adult person actually residing in each service address that will be affected by the disconnection.
(3) Service department employees performing such verification shall make reasonable efforts to determine whether the service address is occupied or unoccupied, including, but not necessarily limited to, checking with neighbors and other utility providers. Service employees performing such verification shall note in writing his or her identity, the date and time of the visit, and the efforts utilized to determine the occupancy status of the premises, and his or her conclusions as to occupancy. Such notations and all request forms executed under the provision shall be retained in the business file kept by the city relating to the service address so affected.
(D) Emergencies and repairs.
(1) Disconnection or termination of service may occur without prior notice if emergency circumstances involve imminent danger to person or property. However, prior notice shall be given even in such circumstances if it is practicable for the city to do so. For all emergency disconnections, the city must verify the existence of emergency circumstances as soon as possible and must, within four hours after the disconnection, provide the customer and an adult person residing at each service address affected by disconnection with a written disconnection notice as described above.
(2) If a service address must be temporarily disconnected for the purpose of repairs within the service address, a disconnection request must be made in writing by the customer who is contractually obligated to pay for service at the address. If the service address is not comprised solely by the billing address of the customer obligated on the account, a disconnection request for the purpose of repairs shall not be processed unless it is also signed by an adult person residing at each service address affected by the disconnection. A copy of such disconnection request shall be retained in the city’s business records relating to the service address(es) so affected. The city shall reconnect service disconnected for purpose of repair upon demand of either the customer or of an adult person residing at the service address so affected.
(E) Disconnection procedures.
(1) Disconnection of utility service shall not occur after 12:30 p.m. on any day which precedes a holiday or weekend, or any other day on which all services necessary to reconnect services are not available. All disconnections of service shall be documented by a written service order recording the date, time and identity of service employee effectuating disconnection, such documentation shall be retained in the business file kept by the city relating to the service address so affected.
(2) No service employee dispatched to disconnect service shall disconnect service until he or she makes reasonable efforts to personally contact the occupants, if any, of each service address to be affected to advise of the disconnection and to verify the propriety of the disconnection. Reasonable efforts shall include, but not necessarily be limited to, knocking on the door or doors of each household at the service address, or otherwise attempting to gain the attention of any occupants. If the service employee makes personal contact with the occupants of the service address and then verifies the propriety of the disconnection, the service employee shall deliver to the occupants a turn-off notice which shall clearly and conspicuously advise the occupant(s) of:
(a) The date and time of the termination;
(b) The reason for termination;
(c) If the termination is for non-payment, the amount which must be paid, including any reconnection fee, to have service reestablished;
(d) The location and hours of the office at which payment can be made to obtain reconnection; and
(e) The name, title, address, telephone number and hours during which a service representative may be contacted to discuss reconnection.
(3) If a service employee’s efforts to make personal contact with any occupants of the service address immediately prior to disconnection of services are not successful, the service employee shall post the turn-off notice in a prominent place at the entry to each service address affected by disconnection. The service employee shall document on the service order the efforts made to personally contact the occupants prior to disconnection and the delivery of the turn-off notice, including the date and time such acts were performed and his or her identity.
(F) Dispute procedures.
(1) The service representative shall be either the City Service Director or the City Service Supervisor. The service representative shall be empowered and required (when good cause, within the judgment of the service representative, is shown) to compromise disputes as to service department requirements or payment demands; and to cancel disconnection and/or order reconnection. The service representative shall strive to secure reasonable alternative methods of payment or reasonable security for payment in order to preserve utility service without discrimination. The service representative shall be familiar with and able to advise utility customers and consumers of agencies, resources, and programs locally available to assist in the payment of utility bills. The service representative shall preside at hearings held pursuant to this order.
(2) Customers or consumers of utility service who wish to contest refusal of service, a billing, or a proposed disconnection of utility services (hereafter “aggrieved persons”) shall be afforded due process opportunity to contest the city’s action or inaction. Due process shall include the right to a face-to-face meeting with the service representative, at which the aggrieved person may have the assistance of others; and may present documentary and/or oral information for the service representative’s consideration. Aggrieved persons shall be entitled to reasonable access to city business records concerning the service address in order to prepare for the meeting, which includes the right to obtain copies of documents found therein upon payment of the actual cost of copying. The service representative shall make a written decision after the meeting, which shall include the reasons for the decision. A copy of the decision shall be delivered to the aggrieved person and a copy retained in the business files kept by the city relating to the service address affected by the meeting.
(3) The meeting shall be held within a reasonable time after a verbal or written hearing request has been made, but will not be held so quickly as to deny the aggrieved person an adequate opportunity to seek assistance or to prepare for the meeting in light of the aggrieved person’s circumstances. Five business days shall generally constitute a reasonable time. The decision shall be delivered to the aggrieved person within a reasonable time after the meeting.
(G) Non-discrimination against consumers. If disconnection is proposed due to non-payment of service charges by a customer who does not reside in the affected service address, an adult consumer of utility services at said address shall have the right to avoid disconnection or obtain reconnection if the consumer pays the amount necessary to avoid disconnection.
(Ord. 4160, passed 1-17-2013; Ord. 2016-142, passed 1-5-2017)