Chapter 13.12
CUSTOMER SERVICE
Sections:
13.12.010 Application for service.
13.12.020 Contract for utility service.
13.12.030 Construction of extensions to City utility system.
13.12.040 Permitting utility system construction and standards of construction.
13.12.080 Designation of point of connection.
13.12.090 Compulsory connection to City water and sewer utility.
13.12.100 Customer accounting and payments.
13.12.110 Appeal of utility billings.
13.12.120 Vacation of property.
13.12.130 Disconnection of utility service.
13.12.140 Service interruptions.
13.12.010 Application for service.
A. To receive utility service from the City, property owners must file a completed application form for utility service with the North Pole Utility. The application must be signed by all parties who have an ownership interest in the property that is to receive the utility service.
B. Applicants for utility service shall be required to pay any previous indebtedness to the City, if any exists, including penalties. The property to be served by the North Pole Utility must be free of all utility liens prior to being eligible for service. All special assessment payments or payments in lieu of assessment due or delinquent against the property to be connected must be paid to the City prior to the connection of utility service.
C. Connection fees and established rates for utility service are as outlined in Chapter 13.24 NPMC.
D. The completed application will be reviewed by the Mayor or Mayor’s designee. The North Pole Utility may require the applicant’s property to be inspected by a representative of the North Pole Utility to ensure that the fixtures or equipment to be provided utility service comply with the North Pole Utility’s service line requirements; are in good repair and in proper service; and will not jeopardize the operation of the North Pole Utility.
E. In the case where an applicant is requesting service for commercial, industrial, governmental, institutional or residential property which is to be subdivided, the review may require submission of further information which will be requested in writing from the Mayor or Mayor’s designee.
F. A new application must be made should a parcel of property for which utility service is requested change ownership. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 82-8 § 2.A, 1982)
13.12.020 Contract for utility service.
A. An approved application for utility service will constitute a contract between the applicant(s) and the City whereby the City agrees to provide water and sewer utility service to the property under the rules, regulations and methods established for the operation of the water and sewer utilities. Also see NPMC 13.12.100(D)(4).
1. New Property Owner. An individual, commercial enterprise or institution becomes a utility customer from the date they take ownership of a property where the property has active utility service regardless of whether they have submitted a utility contract. The new property owner is responsible for all utility charges from the date they take ownership of the property and all charges documented in the liens against the property, including liens for outstanding delinquent utility bills incurred by past and current renters of the property.
2. New Renter. An individual, commercial enterprise or institution becomes a utility customer from the date they become a renter of a property where the property has active utility service regardless of whether they have submitted a utility contract. The new renter is responsible for all utility charges from the date they rent the property.
3. Landlord Responsibility for Delinquent Utility Charges. When the applicant for utility service is a renter, the property owner is legally responsible for the renter’s utility charges.
4. Rental Property with a History of Delinquencies. When a rental property has a history of delinquent utility customers, the North Pole Utility will only create a utility account in the name of the property owner. A history of delinquencies shall be defined as two or more tenant delinquencies at the property within a thirty-six-month period.
B. All contracts shall take effect from the day they are signed, or as otherwise deemed effective under the utility ordinance, whichever is earlier, and rates will be charged and bills rendered for water service from the date or dates the premises are connected with the North Pole Utility.
C. All contracts shall continue in effect thirty days after written notice of discontinuance is filed in the office of the North Pole Utility and until all charges and penalties imposed have been paid in full.
D. For utility accounts in owner-renter relationships, failure to submit a utility contract signed by the property owner and renter within thirty days of the renter beginning tenancy of a property and failure to pay in full the required utility deposit(s) are grounds for the North Pole Utility to terminate utility service to the property. A legally authorized agent of a property owner may sign in lieu of the property owner, provided the agent provides proof of authority to enter into a legally binding contract on behalf of the property owner.
1. Verbal Notice. Upon learning of a renter without a signed utility contract, the North Pole Utility shall attempt to contact the renter and property owner by telephone if the North Pole Utility has viable telephone numbers to notify them of the requirement to submit a signed contract and to pay the required deposits. The parties shall have five business days from receipt of a verbal notice to submit the signed contract and to pay the required deposits. A voice mail, text message or other electronic verbal message is equivalent to a telephone contact for the purposes of this section. If the North Pole Utility does not have telephone contact information for the renter or property owner, the North Pole Utility shall proceed immediately to sending written notices as described in subsection (D)(2) of this section.
2. Written Notice. If the renter and property owner do not submit a utility contract signed by the renter and property owner and pay the required deposits within ten business days of the telephone contact, the North Pole Utility shall send notices by certified mail or commercial delivery service that requires a signed delivery receipt to the renter and property owner if the North Pole Utility has mailing addresses, or a door hanger may be placed at the residence of the renter. The written notice shall notify the renter and property owner that they must submit a utility contract signed by the renter and property owner and pay the required deposits within ten business days; otherwise the North Pole Utility will initiate action to shut off water service.
3. Termination of Water Service. If the renter and property owner do not submit a utility contract signed by the renter and property owner and pay the required deposits within ten business days after the written notices have been sent or door hanger has been placed nor consent has been given to the City entering the premises to shut off the water service, the City may initiate action to disconnect water service to the property address. Should it not be practical, at the sole discretion of the City, to disconnect the water service due to weather or other conditions, and upon proof of compliance with this chapter, the City shall be entitled to a writ of assistance and an order allowing it to enter the premises served by the North Pole Utility for the purpose of shutting off the water service and to verify, at reasonable intervals based upon the circumstances, that the water shutoff device has not been bypassed or tampered with. If the North Pole Utility initiates legal action to terminate water service, a liquidated damages fee of $50 (fifty dollars) shall also be assessed to the utility account.
4. Responsibility for Costs and Liquidated Damages. The property owner and renter shall be jointly responsible for the failure to submit a signed utility contract and any associated charges, costs or attorney fees.
E. For utility accounts where the property owner is the utility customer, failure to submit a utility contract signed by all parties who have an ownership interest in the property within thirty days after taking ownership of the property and failure to pay in full the required utility deposit(s) are grounds for the North Pole Utility to terminate utility service to the property. Resolution of a property owner without a signed utility contract shall follow the steps listed in subsections (D)(1) through (4) of this section. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 82-8 § 2.B, 1982)
13.12.030 Construction of extensions to City utility system.
A. Any water distribution or sewage collection systems which are to become part of the City’s utility system will be installed, financed and connected by the creation of special assessment districts, service district or by contract between the City and the property owner whose property is to be served by the North Pole Utility. All proposed additions to either the City water distribution system or sewage collection system shall be constructed in accordance with the North Pole Utility standards of construction and the service line requirements and shall be inspected and approved by the City before operation.
B. No property owner or his agent or developer shall commence construction of an extension of the City water or sewer system, other than individual service laterals, without first obtaining a permit issued by the City Council and an approval to construct from the Alaska Department of Environmental Conservation. After such plans and specifications have been approved, no substantial changes therein shall be made without first submitting a detailed statement of such proposed changes to the City Council for review and approval.
C. The property owner whose property is to be served by proposed utility extensions, other than individual service laterals, or the developer of a utility extension shall provide the Mayor or Mayor’s designee with construction plans and specifications as part of a developer agreement for the installation of the utility extension. These plans and specifications shall be certified by an engineer registered in the State of Alaska and accompanied by an engineering report summarizing assumptions and design criteria. Property owners requesting individual service laterals shall submit a completed utility tie-in permit application that includes a site plan showing location and proposed materials for approval by the Director of City Services or their designee.
D. The Mayor or Mayor’s designee, in reviewing applications, plans and specifications, or engineering reports, shall consider the adequacy of the project to meet present and future needs of the area served, the functional and sanitary features of the design of the project, the economics of the project as compared to possible alternatives, the availability of existing water and sewer facilities, and the suitability of the project with respect to present or future uses of the affected area.
E. The property owner or developer of a utility extension shall provide the Mayor or Mayor’s designee with a construction schedule so that the work may be inspected by the City. The City reserves the right to refuse utility service to the property owner if the proposed extensions are not constructed according to the City’s Utility standards of construction and the service line requirements. As-built drawings of the utilities shall be submitted to the City as a condition of service.
F. Prior to acceptance of the utility system extension by the City, the property owner or developer shall grant and record utility easements as required by the City for access to and maintenance of the utility system.
G. Construction of a project for which plans and specifications have been approved must be completed and accepted within two years following approval or such approval will be void. Extensions will be granted when delays in construction are beyond the control of the property owner or developer. A bond may be required for the uncompleted portion of the work.
H. No extension to the North Pole Utility will be considered for acceptance until the system has received an approval to operate from the Alaska Department of Environmental Conservation.
I. A condition of acceptance by the City for the operation and maintenance of any extension to the North Pole Utility is provision of a two-year warranty, with warranty bond on the totality of materials and labor for the construction. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 08-25 § 2, 2008; Ord. 00-16 § 2, 2000; Ord. 82-8 § 2.C, 1982)
13.12.040 Permitting utility system construction and standards of construction.
A. Permitting Utility System Construction. The Utility Administrative Code details the processes and requirements that shall be followed by a developer to obtain the permits required prior to constructing a utility system extension.
B. Standards of Construction. The methods and materials used to construct utility service facilities connected to the City’s water and sewer utility systems shall conform to the adopted City Utility standards of construction and the service line requirements, the standards established by the Alaska Department of Environmental Conservation, and the edition of the Uniform Plumbing Code adopted by the City Council. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 08-25 § 2, 2008; Ord. 82-8 § 2.D, 1982)
13.12.050 Access to property.
Owners of property served by the City water and sewer utilities must maintain and allow year-round access to the service connection for inspection, maintenance and repair. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 82-8 § 2.E, 1982)
13.12.060 Refusal of service.
The City reserves the right to refuse to render service to any customer when such service will interfere with the City’s service to its other customers, or which will cause abnormal demands upon the City’s facilities, or which if served will result in financial loss to the City, or which would be discriminatory as to one class of customer, or where the applicant has not complied with the regulations of the City concerning the rendering of utility service. Suitable protective devices may be required whenever or wherever the system finds such devices necessary to protect the customer’s property, the property of other customers or the property of the system. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 82-8 § 2.G, 1982)
13.12.070 Resale of service.
A. No purchaser of City water or sewer utility service shall connect the utility service with the corresponding service of any other person or in any way resell or supply, rebill or supply any other person or premises with water or sewer service through his services. The sole exception is the commercial resale of water authorized by a written agreement between the enterprise and the City.
B. Any purchaser of City water or sewer utility service who connects the utility service with the corresponding service of any other person or in any way resells or supplies, rebills or supplies any other person or premises with water or sewer service through his services may be subject to immediate termination of water and sewer utility services. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 82-8 § 2.H, 1982)
13.12.080 Designation of point of connection.
The City Utility Supervisor, or their designated representative, shall determine the point at which new utility services are to be connected to the City’s existing utility system. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 82-8 § 2.I, 1982)
13.12.090 Compulsory connection to City water and sewer utility.
A. Mandatory Connection to the North Pole Utility within the City Limits. Connection to the City water and sewer utility system shall be mandatory within the corporate City limits of the City of North Pole, within a voter-approved special assessment district or whenever the property has direct access to the municipal water and/or sewer facilities and the structure on the property is within two hundred feet of the municipal water and/or sewer facility. The owner of a property shall have installed or cause to be installed, at their expense, a connection to the public water or sewer within no less than two years from the date such service is declared to be available, or any other timetable as prescribed by City Council or City code. Prior to the sale of a property served by the City water or sewer service system, hookup to the service is required. The connection shall be of a type and installed in a manner consistent with the North Pole Municipal Code and utility service line standards and utility standards of construction. Monthly utility fees as established by City code shall begin at time of such connection. Failure to connect to available water and/or sewer service within the two-year time period shall be cause for the property owner to be billed and required to pay the applicable monthly water and/or sewer flat rate fee on an ongoing month-by-month basis.
B. Optional Connection to the North Pole Utility Water System outside the City Limits. The owner of a property located outside of the corporate City limits of the City of North Pole may connect to a municipal water and/or sewer facilities extension if they are within the North Pole Utility’s Alaska Regulatory Commission authorized service area; there is adequate system capacity; and only at the sole discretion of the North Pole Utility. Connection to the municipal water and/or sewer facilities shall be at their expense. The connection shall be of a type and installed in a manner consistent with this chapter. Monthly water fees as established by City code shall begin at time of such connection. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 04-08 § 2, 2004; Ord. 01-03 § 2, 2003; Ord. 82-8 § 2.J, 1982)
13.12.100 Customer accounting and payments.
A. It is the duty of the North Pole Utility to keep accounts of all property owners whose property is served by the City water and sewer utility, and to enter on such accounts all charges and penalties, and to fix meter reading dates and billing dates as necessary to efficiently execute the accounting requirements of the North Pole Utility.
B. Meters will be read on the same date each month whenever practical. The North Pole Utility reserves the right to read meters every other month and to bill the customer for consumption on an estimated basis for the intervening month. Where the meter readers are unable to read the meters, the North Pole Utility may estimate the consumption until the meter readers are able to read the meters.
C. Any discrepancies in utility bills must be reported in writing within thirty days after the billing date; otherwise the account will be considered correct.
D. Deposits.
1. New Account Deposits. All utility account applicants applying to receive service from the North Pole Utility or having the service available shall be obligated to pay for such service in accordance with the appropriate rate schedule as outlined in NPMC 13.24.020, and shall pay a deposit as outlined below.
|
Water service line diameter |
Water deposit |
Sewer deposit |
|---|---|---|
|
3/4 and 1 inch |
$75 |
$75 |
|
1 1/2 inches |
$100 |
$100 |
|
2 inches |
$150 |
$150 |
|
3 inches |
$200 |
$200 |
|
4 inches |
$250 |
$250 |
|
5 inches |
$300 |
$300 |
|
6 inches or larger |
$350 |
$350 |
2. Return of Deposit. When the customer terminates their account, they may request that the account balance at the time of account termination be charged to the deposit and any balance due the customer will be refunded, and processed as such. Where an owner/occupant vacates the property without clearing their account of debt within thirty days from the termination of the account, the City of North Pole Utility shall deduct the balance owed to the City from the deposit plus a $10 (ten dollar) processing fee and return any balance to the former account holder.
3. Property Owner-Tenant Responsibilities. In the case of a property owner-tenant relationship, the property owner shall be held liable for all billings. Should ownership of the property change, the new owner shall assume all obligations of utility service, including the liability for all billings. The property owner, upon request to the City, shall be provided a copy of the tenant’s billing history.
4. Should legal ownership of the property serviced by the North Pole Utility change, the new owner shall immediately contact the City to establish an account. Regardless of whether a new account is established, the owner shall be fully responsible for all obligations arising from utility service to the property, including the liability for all past unpaid or ongoing utility billings documented in liens against the property, including liens for outstanding delinquent utility bills incurred by past and current renters of the property. Also see NPMC 13.12.020.
E. All charges owed by any person for sewer or water service rendered by the North Pole Utility may be billed as a unit. However, charges for water and sewer may be paid separately. For new connections, service shall be charged in proportion to the monthly charge from the date when the connection from the customer’s property is made to the lines of the North Pole Utility.
F. Repealed.
G. Failure to make payment by the date specified on monthly statements will cause the account to become past due. A late charge of up to the maximum interest rate allowed by law will be added to the past due amount and will appear on the following bill. Failure to receive mail will not be recognized as a valid excuse for late payments. Accounts may be assigned to a collection agency. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 10-03 § 2, 2010; Ord. 08-25 § 2, 2008; Ord. 08-07 § 2, 2008; Ord. 01-03 § 2, 2003; Ord. 00-16 § 2, 2000; Ord. 00-11 § 2, 2000; Ord. 99-24 § 2, 1999; Ord. 82-8 § 2.K, 1982)
13.12.110 Appeal of utility billings.
A. Any North Pole Utility customer who believes their utility billing is unjust and inequitable as applied to their property may make written application to the City Council requesting a review of the utility billing. The application shall include the facts and data upon which the appeal is based.
B. While awaiting Council review of the appeal, the customer shall pay the amount of the disputed bill to the City prior to the due date of the next regular utility bill to avoid becoming delinquent. Subsequent bills shall be paid in full within the prescribed time limit.
C. Payment of disputed bills as required by this section shall not be deemed to prejudice an otherwise valid contest.
D. Review of the request shall be made by the City Council who shall determine if it is substantiated or not, including recommending further study of the matter by a designated representative.
E. If the request is determined to be substantiated, the charges for the customer shall be recomputed based on the Council-approved terms, and the new charges thus recomputed shall be applicable retroactively up to one year.
F. In instances where a utility customer billing appeal relates to a situation limited to forgiveness of sewer service and associated charges where the customer can document the water upon which the charges are calculated was not discharged into the sewer system, the Mayor or the Mayor’s designee may waive these charges without the appeal proceeding to the City Council for approval. Should such an appeal be granted by the Mayor or the Mayor’s designee, the waived charges shall be reported to the City Council. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 00-16 § 2, 2000; Ord. 82-8 § 2.L, 1982)
13.12.120 Vacation of property.
Each customer about to vacate any premises receiving water and/or sewer services from the North Pole Utility shall give the North Pole Utility written notice at least ten days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all North Pole Utility water and/or sewer charges until the North Pole Utility receives notice of such removal. At the time specified by the customer that he expects to vacate the premises where service is supplied, a closing bill will be rendered which is payable immediately. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 82-8 § 2.N, 1982)
13.12.130 Disconnection of utility service.
A. North Pole Utility service may be disconnected if any charge has not been paid in full on the date it becomes past due or delinquent or for any other reason established by City of North Pole ordinances.
B. A notice of disconnect shall be served by an officer of the City of North Pole at a minimum of seventy-two hours in advance of the disconnection. To halt the disconnection, the customer shall pay all outstanding utility charges, including all interest and liquidated damages payments, in advance of the action to disconnect. In situations involving disconnection, the City shall only accept payment in cash or certified check. If it is necessary to issue a disconnect order for nonpayment of any North Pole Utility service, a $50 (fifty dollar) processing charge shall be added to the customer’s bill. In case service is disconnected for any violation of the provisions of this chapter, or under this section, such service shall not be furnished or resumed to the delinquent customer at the premises, or any other premises where the delinquent customer applies for service, until all arrears have been paid in full and a reconnect fee has been paid.
C. Whenever it is necessary for the North Pole Utility to discontinue the utility service to enforce the collection of a delinquency, a $50 (fifty dollar) reconnect fee will be charged in addition to the delinquent amount and all amounts must be paid before the utility service will be restored. The North Pole Utility will not be responsible for any damages or freezing occurring as a result of discontinuance of service. In addition, the customer shall pay all associated costs, including but not limited to, tie-in and permit fees, excavation, repaving, compacting, etc. Monthly billings for water and sewer charges shall be continued on the delinquent account. The property owner shall be responsible for all charges and attorney’s fees thus incurred. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 08-25 § 2, 2008; Ord. 82-8 § 2.O, 1982)
13.12.140 Service interruptions.
The North Pole Utility reserves the right to temporarily suspend services when necessary for the purpose of new installations, repairs, testing, modification, expansion, correction or replacement of the system. The North Pole Utility will attempt to notify affected utility users of impending service interruptions where possible and where not precluded by emergency conditions. The North Pole Utility will exercise reasonable diligence in avoiding inconvenience which may arise out of service interruptions. The North Pole Utility shall not be liable to the customer for breach of contract or any loss or damage which may be caused by failure of the North Pole Utility to deliver service. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 82-8 § 2.P, 1982)
13.12.150 Prohibited acts.
A. No person without first obtaining a permit from the North Pole Utility shall be allowed to make a connection or alteration to any facility of the North Pole Utility. No person other than an authorized employee of the North Pole Utility may turn on or turn off any water main of the North Pole Utility system.
B. A violation for the purposes of this section shall be any individual unpermitted act listed below:
1. Connecting to a water main;
2. Connecting to a sewer main;
3. Making alterations to any facility of the North Pole Utility, including any conduit, pipe or other fitting connecting directly to a water main, sewer main, service connection or other utility facility;
4. Connecting pipes where they have been disconnected;
5. Turning water service on to a premises;
6. Turning water service off to a premises;
7. Turning on a water main;
8. Turning off a water main;
9. Turning on a fire hydrant without North Pole Utility authorization;
10. Turning off a fire hydrant without North Pole Utility authorization;
11. Tampering with a water meter;
12. Tampering with a backflow prevention device.
C. Any person or entity responsible for violating this section of the Municipal Code shall be subject to a fine of $1,000 (one thousand dollars) for each violation, plus be liable for any damages to City and private property; any City-related expenses to correct a violation; and for the estimated value of any discharged water or wastewater. (Ord. 18-30 § 2, 2018; Ord. 16-16 § 2, 2016; Ord. 12-02 § 2, 2012; Ord. 09-06 § 2, 2009)