Chapter 13.05
UTILITY SERVICES
Sections:
13.05.010 Unauthorized use of city utility services prohibited.
13.05.020 Application for utility services – Existing connections.
13.05.030 Application for service using a new connection.
13.05.040 Security deposit required – May be combined with other utilities.
13.05.050 Temporary connections.
13.05.060 Rates and fees to be established by council.
13.05.070 Classification of water connection.
13.05.080 Special rates for sewers permitted.
13.05.090 Council to act as board of equalization.
13.05.100 Classification of electrical connections.
13.05.120 Charges for utility services to be combined into single billing.
13.05.130 Billing procedure – Failure to pay – Discontinuance of service.
13.05.140 Extension of time of payment – Appeal permitted.
13.05.150 Establishment of designated utility officer and appeal committee.
13.05.160 Disconnection of service for nonpayment authorized – Other remedies.
13.05.170 Turning on water after being turned off prohibited.
13.05.180 Occupancy without agreement or ceasing of the service.
Prior legislation: Rev. Ord. 1945 §§ 267 – 295 and §§ 308 – 316.
13.05.005 Definitions.
In the construction of this title and all ordinances which amend any portion thereof, the following words and terms shall have the meaning herein ascribed to them, unless such definition is inconsistent with the manifest intent or contrary to the context of the ordinance:
“Premises” shall mean a lot, plot or parcel of land including the buildings or structures thereon. [Ord. 2017-12 § 1].
13.05.010 Unauthorized use of city utility services prohibited.
It shall be unlawful for any person, his family, or agents to open any stop-cock valve or other fixture attached to the water system and/or to use the water coming through the water mains, or to discharge sewage into the sewage system, or to obtain electric power from the city electric distribution system without first submitting an application for utility services and receiving approval as provided for in this chapter. [Code 1988 § 9-1-1].
13.05.020 Application for utility services – Existing connections.
Any person desiring to obtain water, sewer or electric power service from the city for a premises which has been previously connected to such systems shall submit to the city:
A. An application for service, to be submitted on forms furnished by the city.
B. An executed utility use agreement whereby the applicant agrees to abide by all rules and regulations governing the use of the water, sewer, electric power or garbage collection system and service and to pay promptly for the services received as set forth on the billing notice.
C. Payment in full of the required utility security deposit.
Upon satisfactory completion of the application process the city will turn on any required valves or switches, read the water and power meters and establish the service account for the user. [Code 1988 § 9-1-2.1].
13.05.030 Application for service using a new connection.
Any person desiring to obtain water, sewer or electric power service from the city for a premises which has not been previously connected to the system(s) shall be authorized to make such connections and receive service subject to:
A. Receipt of an executed application and agreement form and evidence of payment of the security deposit in accordance with the provisions of HMC 13.05.020;
B. Receipt of payment of the required connection fee(s); and
C. A determination by the city that there is sufficient capacity in the system at the address at which the service is being requested. [Code 1988 § 9-1-2.2].
13.05.040 Security deposit required – May be combined with other utilities.
Before receiving authorization to connect to the water, sewer and/or electric power system each user shall pay a security deposit in an amount as may be fixed by resolution of the council. The security deposit for water, sewer and electric power service may be combined into a single utility security deposit.
The security deposit shall be held by the city as long as the user occupies the premises. The deposit shall be refunded following receipt of notice to disconnect from the occupant or owner; and provided, that all outstanding water, sewer, electric power, garbage collection and other municipal utility fees and any other charges due the city are paid.
For purposes of this chapter, utility services to structures under construction shall be considered as temporary connections, and will be governed by the requirements relating thereto (see HMC 13.05.050). This requirement shall apply even where the contractor or person constructing the structure may be the owner of the premises. (Section 10-7-10, Utah Code Annotated 1953) [Code 1988 § 9-1-2.3].
13.05.050 Temporary connections.
Any contractor or person engaged in construction work requiring the use of utility services may apply and be granted a permit to install a temporary connection. Any such temporary connection shall be made at the expense of the contractor and the use of water and electric power shall be metered. The city may require a deposit as a condition for granting a temporary connection. [Code 1988 § 9-1-2.4].
13.05.060 Rates and fees to be established by council.
The amount of the security deposit, rates and charges for use, penalty fees for delinquency in payment, fees for connection to the water, sewer, electric power system and other fees applicable to the operation of such systems and services shall be fixed from time to time by resolution of the city council. The council may also, by resolution, establish various classes of users, enact rules for levying, billing, guaranteeing and collecting charges, and setting forth such other regulations as are necessary for the management and control of the utility systems and services. [Code 1988 § 9-1-3.1].
13.05.070 Classification of water connection.
For the purpose of assessing fees and administering the provisions of this chapter, there is hereby established a classification system for water connections, as follows:
A. Active Connection. A residential or commercial water connection which is presently in use and which is not in a disconnected status by reason of nonpayment of utility bills.
B. Dormant Connection. A residential or commercial water connection which has been disconnected by Helper City at the request of the water subscriber. In order to be retained in this status the security deposit shall be retained by the city and the subscriber shall pay to Helper City a monthly dormant connection fee. The amount of such fee shall be as set by resolution of the city council.
A dormant water connection shall be reclassified to active status without further cost; provided, that all water fees for said connection are current.
A dormant water connection shall forfeit its dormant status and become abandoned without any further action on the part of Helper City at such time as the monthly dormant connection fee becomes more than 12 months delinquent.
C. Delinquent Connection. A residential or commercial water connection which has been temporarily disconnected by Helper City for nonpayment of utility bills. A delinquent connection shall be reclassified to active status upon payment of all past due utility charges and any delinquency charges and reconnection fees that may be assessed.
D. Abandoned Connection. A residential or commercial water connection which has been disconnected by Helper City and on which a monthly active water connection fee or monthly dormant water connection fee is more than 12 months delinquent.
An abandoned water connection shall be reclassified to active status only upon the payment of a reactivation fee in an amount set by resolution of the city council. [Code 1988 § 9-1-3.2].
13.05.080 Special rates for sewers permitted.
The council may from time to time fix by agreement or resolution special rates and conditions, upon such terms as they may deem proper, for those users of the sewer service discharging wastes of unusual characteristics or making use thereof under exceptional circumstances. [Code 1988 § 9-1-3.3].
13.05.090 Council to act as board of equalization.
The council is hereby constituted as the board of equalization of water and sewer rates to hear complaints and make corrections of any assessments or charges deemed to be illegal, unequal, or unjust. [Code 1988 § 9-1-3.4].
13.05.100 Classification of electrical connections.
For the purpose of assessing and administering the provisions of this chapter, there is hereby established a classification for electrical connections as follows:
A. Active Connection. A residential or commercial electrical connection which is presently in use.
B. Inactive Connection. A residential or commercial electrical connection which has been disconnected for any reason, after having once been an active connection. [Ord. 93-4. Code 1988 § 9-1-3.5].
13.05.110 Removal of meters.
Whenever any water or electrical connection becomes inactive, agents from the city may enter upon the subject property and may remove the water or electrical meter involved with such inactive connection. The city need not provide notice to the property owner or tenant in advance of any such removal. [Ord. 93-4. Code 1988 § 9-1-3.6].
13.05.120 Charges for utility services to be combined into single billing.
The city may combine the billing for water, sewer, electric power, garbage collection and any other service which may be provided by the city into a single utility bill. Any such combined billing shall delineate thereon the amount assessed for each utility or service. However, for purposes of payment, determination of delinquency, disconnection of service, and extensions of payment date, the billing shall be considered as a single utility bill. [Code 1988 § 9-1-4.1].
13.05.130 Billing procedure – Failure to pay – Discontinuance of service.
As soon after the first day of each month as practicable the city shall mail or otherwise furnish a written or printed statement to each user showing the amount of water, sewer, electric power and/or garbage collection service charges assessed against the user for the preceding billing period, together with any other outstanding charges. The statement shall also indicate the place of payment and the due date.
The amount as set forth on the statement shall be due and payable upon receipt of the statement and shall be considered past due on the tenth day of the month in which the statement is received (past due date).
In the event that payment of the amount charged is not received by the city within five business days from the past due date, the account shall be considered delinquent and subject to disconnection of the water and/or electric power service unless an extension of time for payment shall have been granted by the city.
No service shall be disconnected until a delinquency notice has been sent by Helper City to the delinquent user at the address given on the user’s application for service. Helper City shall allow five calendar days from the date of mailing the delinquency notice to the date of disconnection. [Ord. 2006-12; Ord. 2005-2. Code 1988 § 9-1-4.2].
13.05.140 Extension of time of payment – Appeal permitted.
A. An extension of time of payment, not to exceed 30 days, may be granted by a designated utility officer of the city, subject to the receipt of a written request for extension received by the city on or before the past due date and provided: (1) the amount of the outstanding bill is less than $300.00, and (2) upon a finding of good and sufficient cause.
B. In the event that a request for extension of time of payment is denied by the designated utility officer, the applicant shall have the right to appeal the denial to an appeal committee. Any such appeal shall be filed with the city recorder within two business days after the denial is issued. The appeal committee shall convene not less than two days after being notified by the city recorder that an appeal has been filed, and shall proceed to conduct a hearing at which the delinquent consumer shall have the right to present and explain why he should be granted an extension. The appeal committee shall affirm the denial or grant the extension. In the event that the amount due is not paid within the extension period the city shall have the right to immediately disconnect the water service without further notice to the consumer. [Code 1988 § 9-1-4.3].
13.05.150 Establishment of designated utility officer and appeal committee.
A. Designated Utility Officer. There is hereby established the position of designated utility officer. The mayor, with the approval of the city council, shall appoint one or more persons to serve in the capacity of designated utility officer. The person or persons so designated shall have the authority to grant an extension of the time for payment of utility bills in accordance with the provisions of HMC 13.05.140(A).
B. Appeal Committee. There is hereby created a three-member committee to be formally known as the utility bill appeal committee. The members shall be appointed by the mayor with the approval of the city council and shall serve a term of two years. Terms shall commence as of January 1, 1987. No member shall serve more than two successive terms.
The committee shall have the authority to hear appeals from a denial of extension made by a designated utility officer and to reverse or affirm any decision made by said officer in accordance with the procedure hereinabove set forth (see HMC 13.05.140(B)). The committee may also attach conditions to any decision to grant an extension of time. [Code 1988 § 9-1-4.4].
13.05.160 Disconnection of service for nonpayment authorized – Other remedies.
In the event any person shall fail to pay for the water, sewer, electric power or garbage collection services furnished in accordance with the provisions of HMC 13.05.130 or shall use such services in violation of the provisions of this chapter or the rules and regulations adopted pursuant hereto the city may cause the water and/or electric power to be shut off from such premises.
Before any water and/or electric power service which has been shut off as a result of nonpayment of service fees shall be restored, all past due service charges, delinquency fees and such extra charge for turning the water on and off as the council may have established by resolution shall be paid in full.
In addition to the above remedies the city is authorized and empowered to enforce the payment of all delinquent utility service charges by any action at law in the corporate name of the city. (Sections 10-7-11 and 10-8-38, Utah Code Annotated 1953) [Code 1988 § 9-1-4.5].
13.05.170 Turning on water after being turned off prohibited.
It is unlawful for any person, after the water has been turned off from his premises for nonpayment of service charges or other violation of the rules and regulations pertaining to the water or sewer system, to turn on the water or allow it to be turned on or used without authorization to do so from the city. [Code 1988 § 9-1-4.6].
13.05.180 Occupancy without agreement or ceasing of the service.
It is unlawful for any person to occupy a residence or to operate a business before the utility use agreement as required by this title has been approved by the city and the required security deposit has been paid.
Further, it is unlawful for any person to cease to use any utility service during that person’s occupancy of a residence or operation of a business without the prior approval of the administrative office of the city. [Ord. 2007-3. Code 1988 § 9-1-4.7].
13.05.190 Penalty.
Violation of any provision of this chapter shall be a class C misdemeanor. Each day of violation shall be a separate offense. [Ord. 2007-3. Code 1988 § 9-1-5].