Chapter 14.01
GENERAL REGULATIONS FOR UTILITIES
Sections:
14.01.020 Charge for check payment drawn upon NSF or a closed account.
14.01.030 Cost of relocating existing service.
14.01.040 Turn on or turn off order.
14.01.050 Meter testing – Charges.
14.01.060 Condemned buildings.
14.01.070 Tampering with system prohibited – Penalty.
14.01.080 Transfer of account.
14.01.100 Average monthly payment plan.
14.01.110 Owner responsibility.
14.01.010 Utility payments.
Utility bills issued by the city for gas, water, sewer and garbage services shall be due upon receipt. If payment is not received within 30 days, the account shall become delinquent and a notice shall be sent to the customer noting the balance due on the account. Customer will have 10 days to pay the bill before services may be disconnected. Interest on the amount delinquent shall be established by resolution. (Ord. 2393 § 1, 2008; Ord. 2325 § 1, 2006; Ord. 2262 § 1, 2005; Ord. 1618 § 1, 1989; Ord. 1458 § 2, 1984; Ord. 1456 § 1, 1984; Ord. 1366 § 2, 1982; Ord. 1208 § 1, 1977; 1958 Code § 7.08.070).
14.01.020 Charge for check payment drawn upon NSF or a closed account.
There is established a service charge in an amount established and amended from time to time by resolution that is to be billed to any customer whose utilities’ check to the city is returned by a bank because that customer does not have sufficient funds to cover the check or the customer’s bank account is closed, and this service charge shall not affect any other statutory rights, civil and/or criminal, the city may have by virtue of receiving such check and the city’s right of action thereon. (Ord. 1458 § 3, 1984; Ord. 1366 § 2, 1982; Ord. 1284 § 1, 1979).
14.01.030 Cost of relocating existing service.
The city shall charge the actual time and material cost for the relocation of existing service of any city utility at the owner’s request. The estimated cost is payable in advance and will be adjusted upon completion. (Ord. 1458 § 4, 1984; Ord. 1407 § 4, 1983; 1958 Code § 7.04.130).
14.01.040 Turn on or turn off order.
A. A written “turn on” or “turn off” order by the owner or his authorized agent must be given to the utility department.
B. Should the utility be turned on for the premises by anyone excepting the proper officers or employees of the city, or those acting by permission of the city, after it has been turned off, at the city stop cock, the service will be discontinued and shall not be turned on again except on payment of a charge as established and amended from time to time by resolution of the city council. (Ord. 1458 § 5, 1984; Ord. 1407 § 5, 1983; Ord. 1366 §§ 2, 3, 1982; Ord. 1158 § 2, 1975; 1958 Code § 7.04.210).
14.01.050 Meter testing – Charges.
A. Where the accuracy of the record of a utility meter is questioned, it shall be removed at the customer’s request (not oftener than once in 12 months) and shall be tested and a report hereon duly made. For each text request by any customer in excess of the one in 12 months, the following rules will apply.
B. If the test discloses an error against the customer of more than three percent in the meter’s registry, the excess consumption of the three previous readings shall be credited to the customer’s meter account and the city will bear the expense of the test, and the deposit required as hereinafter prescribed shall be returned; on the other hand, where no such error is found, the person that has requested the test shall pay the charge fixed for such test. Before making a test of any meter as provided above, the person requesting such test shall, at the time of filing his request with the utility department, make a deposit of the amount charged for such test, subject to the conditions herein stated; such charges are fixed as established and amended from time to time by resolution of the city council. No meter shall be removed or in any way disturbed or the seal broken except in the presence or under the direction of the superintendent. (Ord. 1458 § 6, 1984; Ord. 1366 § 2, 1982; 1958 Code § 7.04.290).
14.01.060 Condemned buildings.
The utility department shall discontinue utility service to any building condemned as unsafe or uninhabitable by the city building inspector or health officer until the condition is abated. (Ord. 1458 § 7, 1984; Ord. 1407 § 6, 1983; 1958 Code § 7.04.050).
14.01.070 Tampering with system prohibited – Penalty.
It is unlawful for any person intentionally to break, deface or damage any utility meter, gate, pipe or other utility works, appliance or fixture or in any other manner interfere with the proper operation of any part of the utility system of the city or any person that turns on a city utility without the permission of the city and/or otherwise uses a utility without paying compensation for such use to the city, and anyone found violating any one of these provisions is guilty of a misdemeanor and upon conviction shall be punished as provided in Chapter 1.08 EMC. (Ord. 1458 § 8, 1984; Ord. 1079 § 2, 1973; 1958 Code § 7.04.280).
14.01.080 Transfer of account.
There shall be a charge as established by a resolution of the city and amendments thereto for utility service transferred from one individual or entity to another; provided, such charge shall be levied once for all utilities charged to the same account rather than for each utility. (Ord. 1458 § 9, 1984; Ord. 1242 § 1, 1978).
14.01.090 Low-income elderly rate.
Repealed by Ord. 1875. (Ord. 1769 §§ 2, 3, 1992).
14.01.100 Average monthly payment plan.
A. The utility customers of the city may pay for their utility charges in an alternative payment option referred to as the “moving average monthly payment plan.”
B. The moving average method will calculate the payment required each month based upon the average of the most recent 12 months of actual charges. The payment established will not vary by more than five percent from one month to the next.
C. Only utility customers in good standing may apply for the moving average monthly payment plan. “In good standing” is defined as customers whose:
1. Account is current;
2. Have not received a shut off notice in the previous six months;
3. Have been at the current address for which the average monthly payment plan will be applied for the previous six months.
D. A utility customer who is not the owner of real estate being serviced by the utility must include with their application an executed authorization form from the property owner serviced by the utility wherein such property owner, in writing, authorizes the utility customer to participate in the moving average monthly payment plan and shall confirm the understanding by the property owner that the property owner shall have liability if the utility customer does not make its payments.
E. For the determination of the monthly payment for the average monthly payment, the past 12 months billing history will be utilized for the same address in which the utility service is provided.
The monthly payment of the moving average monthly payment plan shall be determined by calculating the payment required each month based upon the average of the most recent 12 months of actual use. The payment amount will not vary by more than five percent from one month to the next.
F. In the event the utility rates are increased, or if there is unusual utility consumption by the customer over a similar period, the city may, in its sole discretion, revise the monthly payment in a manner to eliminate exceptional balances owing in the adjusted month. In this case the five-percent maximum adjustment from month to month shall not be applied.
G. The moving average monthly payment plan application applies to a 12-month period. It will be automatically renewed for the next year unless customer contacts the city.
H. For any moving average monthly payment plan customer who receives energy assistance from the Department of Social and Health Services, or any other form of subsidy, such amounts will not be reflected in the calculation of the payment or the moving average monthly payment plan.
I. If the customer fails to make any moving average monthly payment under the moving average monthly payment plan at any time it is due, the city may, at its discretion, remove the customer from the moving average monthly payment plan and/or may disconnect the utility service. In the event the city elects to disconnect the utility service, it shall not restore until the delinquent payments and penalty charges are paid in full. A customer who becomes delinquent in the moving average monthly payment plan, and is removed from the plan by the city, will not be eligible to reapply for the moving average monthly payment plan for six months. (Ord. 2709 §§ 1 – 9, 2021; Ord. 2348 §§ 1 – 9, 2007).
14.01.110 Owner responsibility.
A. All city utility accounts shall be kept on the books of the city in the name of the owner of that real property serviced by utilities, and the owner shall be responsible for the payment of utilities provided.
B. Utility accounts may be put in the name of a residential or commercial tenant only upon either: written authorization by the property owner and a guarantee of payment by the property owner on a standard form as provided by the city, or a deposit from the tenant.
C. Deposits shall be two times the average monthly bill for the last 12 months as calculated by the city. No customer shall be provided with utility service until such deposit has been made. The utility deposit shall be returnable to the customer when the account is closed, less payment in full of all charges.
D. Utility accounts currently in the name of a tenant shall remain in that tenant’s name for that specific piece of property until that tenant vacates that specific piece of property; then, at that time, the account shall be transferred to the owner/landlord’s name, and the owner/landlord shall be responsible for all utilities provided to the property. (Ord. 2352 § 1, 2007).