CHAPTER 7
ELECTRIC UTILITY CUSTOMER SERVICE POLICIES
ARTICLE 2. SERVICE
SECTION:
§4010 Joint Use Of Electric Service
§4011 Rooming And Boarding Houses
§4012 Discontinuance For Nonpayment Of Bills From Previous Location
§4013 Refusal Or Discontinuance Of Service For Unsafe Apparatus Or For Prohibition Of Law
§4014 Refusal Or Discontinuance Of Service Detrimental To Other Customers
§4015 Refusal Or Discontinuance For Fraud And Abuse
§4016 Refusal Or Discontinuance For Noncompliance With Rules
§4017 Discontinuance At Customer’s Request; Customer’s Liability Where Notice Not Given
§4024 Curtailment Of Electric Service
§4025 Additional Electrical Load
§4010 JOINT USE OF ELECTRIC SERVICE
A. Not more than one dwelling shall be served from a single meter except:
1. In mobilehome parks, the City will render electrical service in accordance with the Mobilehome Parks Act division 13, part 2.1 (commencing with section 18020 of the California Health and Safety Code).
§4011 ROOMING AND BOARDING HOUSES
A. Rooming and boarding houses, licensed as a place or business, shall be served at the commercial rate. If not more than three (3) rooms are available for rent, it shall be recognized as a residence and the residential rate shall apply.
B. A "boarding house" is defined in Chapter 2, Article 21, of this Code. (Ord. 957, §1, adopted 1995)
§4012 DISCONTINUANCE FOR NONPAYMENT OF BILLS FROM PREVIOUS LOCATION
A customer/occupant receiving electric service at a location with an unpaid bill for electric service furnished at a previous location served by the City, will be discontinued for nonpayment of a bill for that prior service in accordance with Section 4036 of this Chapter. (Ord. 957, §1, adopted 1995)
§4013 REFUSAL OR DISCONTINUANCE OF SERVICE FOR UNSAFE APPARATUS OR FOR PROHIBITION OF LAW
The City shall have the right to refuse or cease delivery of electricity to a customer if any part of the customer’s service appliances or apparatus shall at any time be unsafe, or if the utilization of electricity by means thereof shall be prohibited or forbidden under the authority of any law or Municipal ordinance or regulation (until such law, ordinance, or regulation shall be declared invalid by a court of a competent jurisdiction), and may refuse to serve until the customer has put such part in good and safe condition and complied with all the laws, ordinances, and regulations applicable thereto. (Ord. 957, §1, adopted 1995)
§4014 REFUSAL OR DISCONTINUANCE OF SERVICE DETRIMENTAL TO OTHER CUSTOMERS
The City shall refuse to furnish electric service or may discontinue electric service to any premises where the use of that service thereon may be or is detrimental or injurious to the electric service furnished to other customers. (Ord. 957, §1, adopted 1995)
§4015 REFUSAL OR DISCONTINUANCE FOR FRAUD AND ABUSE
The City shall have the right to refuse or discontinue electric service to any premises if necessary to protect itself against fraud or abuse. (Ord. 957, §1, adopted 1995)
§4016 REFUSAL OR DISCONTINUANCE FOR NONCOMPLIANCE WITH RULES
A. The City shall discontinue electric service to a customer for noncompliance with any of these rules if the customer falls to comply within five (5) days after receiving written notice of intention to discontinue service. The five (5) day notice requirement does not apply when a violation of this Article or other applicable rules and regulations poses an immediate risk of harm to persons or property, or a different notice requirement is imposed by State law or other rules, regulations or policies adopted by the City Council.
B. The City shall refuse or discontinue service for violation of any provision of this Chapter for failure to pay charges for electric service when due, for violation of rate schedule or contract provisions, for theft, or illegal diversion of electricity. The discontinuance of service for any of these causes does not release the customer from his/her obligation to pay for energy received, or charges specified in any existing agreement.
C. The City may refuse to connect a service should its personnel determine that the customer’s equipment may be in violation of current Building or Fire Codes or that the location of the meter or other City property, which requires reading or maintenance, is such that access posses a safety hazard to its employees. Approval from the City Building Official or Fire Marshal may be required before service will be provided. In addition, the customer may be required, at customer’s expense, to relocate City equipment in order to eliminate any access safety concerns. (Ord. 957, §1, adopted 1995)
§4017 DISCONTINUANCE AT CUSTOMER’S REQUEST; CUSTOMER’S LIABILITY WHERE NOTICE NOT GIVEN
A. The City reserves the right to read the meter for a final bill within three (3) working days from the date requested by the customer that the service be discontinued. The customer will be required to pay all charges incurred until the final meter reading by the City, but in no event, more than three (3) working days past the customer’s discontinuance request date.
B. Where notice to discontinue service is not given, the customer will be required to pay all charges incurred until the final meter reading by the City, but in no event, more than three (3) working days after the City has knowledge that the customer has vacated the premises or otherwise has discontinued electric service. (Ord. 957, §1, adopted 1995)
§4018 TEMPORARY SERVICE
A. Temporary service for electrical power and lighting installations shall be permitted during the period of construction, remodeling, repair or demolition of buildings, structures, equipment, or similar activities. Temporary service shall be permitted for a period not to exceed ninety (90) days for Christmas decorative lighting, carnivals, and similar purposes.
B. If in its opinion the furnishing of such service will not impose an undue hardship upon the City or its customers, the City will furnish temporary service under the conditions set forth in this Chapter.
C. The applicant for temporary service shall be required to pay to the City in advance or otherwise as the City may elect, a sum equivalent to the utility connection charge for temporary service as established in a resolution adopted by the City Council. (Ord. 957, §1, adopted 1995)
§4019 RESALE OF ENERGY
No purchaser of electric energy shall connect his/her service with that of any other person, or in any way resell, re-bill or supply any other person or premises with electric current through his service, appliances or any apparatus for the purpose of profit. (Ord. 957, §1, adopted 1995)
§4020 SYSTEM DISTURBANCES
A. Electric service shall not be utilized in such a manner as to cause severe disturbances or voltage fluctuations to other customers of the City. In the event any customer uses equipment that is detrimental to the service of other customers of the City, such as welders, or large motor starting equipment, customer may be required to install, at his/her own expense, regulative equipment to control fluctuations.
B. Where X-ray apparatus is separately served, it shall be classed as power equipment and service will be rendered in accordance with commercial rates, which are adopted from time to time.
C. Where single phase power is required for special equipment and such service requires the installation by the City of special transformers to supply said single phase service, the City may charge a service fee established by City Council resolution. (Ord. 957, §1, adopted 1995)
§4021 INTERRUPTION OF SERVICE AND WAIVER OF LIABILITY FOR POWER FLUCTUATIONS OR INTERRUPTIONS BASED ON EXPRESS OR IMPLIED WARRANTY AND STRICT LIABILITY
A. Electrical service is subject to unforeseen interruptions and changes in the flow of current (surges and brown outs). Many electrical appliances, such as VCRs, televisions, refrigerators, freezers, air conditioners and especially computers and appliances using computer processors, may be damaged by current fluctuations or a sudden loss of power. Data stored in computer memory may be lost or altered as a result of these fluctuations or interruptions. Surge protectors, uninterruptible power supplies and other devices are available on the market that may reduce the risk of damage resulting from fluctuations and interruptions in the flow of electric current. The City does not guarantee a constant or uninterrupted flow of current and will not assume responsibility for damages caused by fluctuations or interruptions, unless caused by the negligence of the City or its employees. The City will use reasonable diligence to provide adequate and uninterrupted supply of electrical energy at normal voltage, but if the supply shall be interrupted without notice for any cause, the City shall not be liable for personal injuries, loss or damages resulting therefrom, nor will such failure constitute a breach of any express or implied warranties or the agreement for service.
B. In submitting an application for service or using the City’s electrical service, the customer agrees that he/she will make no claims and seek no damages from the City for damages caused by fluctuations or interruptions in the flow of electric current, unless that fluctuation or interruption was caused by the negligence of the City or its employees. The customer agrees that the City’s liability for damages is limited as provided herein.
C. The City shall have the right to suspend temporarily the delivery of electric energy for the purpose of making repairs or improvements to its system. In all such cases, reasonable notice will be given to the customer and the repairs or improvements will be conducted as rapidly as may be practicable. If practicable, the work will be conducted at such time as will cause the least inconvenience to the customers. However, the City shall not be liable for damages or injuries caused by such interruptions or by the customer’s failure to receive notice of the interruption. (Ord. 957, §1, adopted 1995)
§4022 CUSTOMER POWER OUTAGE
If the customer’s service fails, the customer shall endeavor to determine if customer owned equipment, protection devices or wiring is cause for the failure before contacting the City. At the customer’s request, the City will dispatch a service person to check and repair City-owned equipment to the designated service point, at no charge. Any failure of customer-owned equipment, protection devices or wiring is the responsibility of the customer. (Ord. 957, §1, adopted 1995)
§4023 NOTICE OF TROUBLE
In the event that service is interrupted or not satisfactory, or any hazardous condition is known to exist, it shall be the obligation of the customer to notify the City of such condition. (Ord. 957, §1, adopted 1995)
§4024 CURTAILMENT OF ELECTRIC SERVICE
Should a serious power shortage develop and should it become mandatory that the City place into effect a curtailment program, the City reserves the right to limit the use of electricity during such hours as may become necessary. (Ord. 957, §1, adopted 1995)
§4025 ADDITIONAL ELECTRICAL LOAD
In the event the customer desires to change his/her electrical load materially, the customer shall notify the City sufficiently in advance so that the City may, if economically feasible, provide the facilities required. In the event that the customer fails to notify the City, and as a result the City’s equipment is damaged, the customer shall be liable for the cost of such damage. (Ord. 957, §1, adopted 1995)
§4026 PHASE BALANCE
Except in the case of three-phase, four (4) wire delta service, the City shall require that the current taken by each wire of the three-phase service shall be reasonably balanced at times of maximum or near maximum load. The customer is responsible for maintaining the balance of the three-phase load. (Ord. 957, §1, adopted 1995)