Chapter 15.20
UTILITY CUSTOMER SERVICE
Sections:
15.20.010 Disconnection of service.
15.20.020 Billing and payments.
15.20.040 Payment of assessments.
15.20.010 Disconnection of service.
The Nome joint utilities may disconnect the service and remove its meters, wires, or other facilities for any of the following reasons:
(a) If a utility bill or payment due pursuant to an agreement for the installation of facilities becomes delinquent;
(b) If any part of the customer’s electrical wires, lines, pipes, machinery or apparatus is determined by the Nome joint utilities to be unsafe or hazardous, or contrary to the provisions of applicable construction, building, plumbing or electrical codes;
(c) To prevent fraud or to prevent any other material violation of this chapter; or
(d) For any other reason for which disconnection is necessary to protect the best interests of the public utility, as may be prescribed by rules and regulations of the board. (Ord. O-93-6-6 § 1 (part), 1994)
15.20.020 Billing and payments.
(a) Bills shall be mailed to each customer on an approximately monthly basis to the mailing address furnished by the customer, and shall be mailed at least ten days prior to the date the bill becomes delinquent, which date shall be shown on the bill.
(b) Upon determination of a delinquency as provided above, the manager shall notify the delinquent customer that services shall be disconnected. Notice shall be given at least forty-eight hours prior to the discontinuance of service by placing written notice in a conspicuous location at the entrance of the building receiving said utility services. The cost of serving notice shall be included in the account balance. The total amount due and owing shall accrue interest at the rate of ten percent per annum, or the maximum rate of interest provided by law, whichever is less, from the due date of collection of the account. (Ord. O-93-6-6 § 1 (part), 1994)
15.20.030 Deposits.
(a) A person requesting a utility service requiring periodic billing to a premises may be required to deposit a reasonable sum of money not exceeding the estimated sum of two months’ billings for the utility service requested. If the estimated amount of the deposit exceeds five hundred dollars, the person requesting the service may furnish an approved corporate surety bond for this amount in lieu of a cash deposit.
(b) Interest shall be paid on said deposits at a rate of five percent per annum.
(c) A deposit or surety bond will not be required of, or if once required it will be refunded to, any person who:
(1) Has had municipal utility services continuously for a period of two years; and
(2) The Nome joint utilities has not been forced to disconnect that customer’s service for reasons of delinquency in payment of charges; and
(3) The customer has not been delinquent in payment more than once in any twelve consecutive months.
(d) A deposit shall be refunded to a customer or the corporate surety bond exonerated within twenty days after the customer has ceased purchasing the utility service if the customer has paid all accrued utility bills.
(e) A utility deposit shall be made in the name of the customer. A deposit or corporate surety bond may not be transferred from one customer to another. (Ord. O-93-6-6 § 1 (part), 1994)
15.20.040 Payment of assessments.
(a) No person may connect a storm sewer, sanitary sewer, water extension or other improvement from properties specially assessed for a public improvement to a municipal storm sewer, sanitary sewer main, water main or connection, or other utility improvement, unless all special assessment payments or payments in lieu of assessments, due or delinquent against the property from which the improvement is to be connected, have been paid prior to the connection.
(b) Special assessments, or payments in lieu of assessment, must be paid as required by this section even though the validity of the assessment or payment is contested, unless a court of competent jurisdiction has ruled that the assessment or payment is invalid. Payment as required by this section shall not be deemed to prejudice an otherwise valid contest.
(c) A lease or use of federal, state or municipally owned or held property may not connect an improvement from that property to a municipal improvement unless such person pays an amount equal to the assessments or payments in lieu of assessment due or delinquent against that property, if the assessments or payments in lieu of assessment have been levied or charged against the government-owned property or to a lessee or user of the property. (Ord. O-93-6-6 § 1 (part), 1994)
15.20.050 Liens.
(a) Upon any delinquency, all rates, fees, charges, assessments, penalties, and interest due and owing under this title shall constitute a lien of the city upon the real property receiving the benefit of the service or utility.
(b) Upon any delinquency, all rates, fees, charges, assessments, penalties, and interest due and owing under this title shall constitute a lien of the city upon the personal property of the person who requested service.
(c) A notice of lien for amounts described in this section may be recorded in the office of the district recorder, Cape Nome Recording District, Second Judicial District and in the State Recorder’s Office UCC Central File System; however, failure to so record said interests shall not be construed as a waiver or abrogation of any and all priorities, rights and interests of the city at law and in equity. Upon full satisfaction of payment of all charges, interest, penalties and costs due and owing to the city, the city shall record or file a certificate discharging the lien.
(d) In an action to enforce a lien, the court shall allow as part of the costs all money paid for drawing the lien and for filing and recording the lien claim, and a reasonable attorney fee for the foreclosure of the lien.
(e) The lien remedies provided by this section shall be cumulative with any other remedies. (Ord. O-18-09-02 § 2, 2018)