HomeMy WebLinkAbout2242 Amending Electric, Water and Sewer BillsORDINANCE NO.
AN ORDINANCE AMENDING CUSTOMER ACCOOqNTING POLICIES
FOR THE PAYMENT OF ELECTRIC, WATER AND SEWER BILLS.
THE PEOPLE OF THE CITY OF ASHI~%ND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 14.02 is hereby added to the Ashland
Municipal--Code and shall read as follows:
"Chapter 14.02
UTILITY SYSTEMS--CUSTOMER ACCOUNTING POLICIES
Sections:
!g ~2 0!0
14 02 020 Service--m~taolishment of Credit
14 02 030 Bills--Due Date
14 02 040 Notice of Delinquency--Contents
14 02 050 Notice of Delinquency--Service of Notice
14 02 060 Notice of Delinquency--Personal Contact
14 02.070 Designation of Third Party to Receive Notice
14 02.080 Information on Financial Assistance
14 02.090 Appeal of Termination Action
14.02.100 Restrictions on Residential Terminations
14 02.110 Requirements for Restoration of Service
14.02.!20 Penalty on Delinquent Accounts
14.02.010 Service--A_~piication.. A. Any person, firm or
corporation desiring electric, water, and/or sewer service from
the City must make application in writing on blanks provided there-
for by the City and thereby agree to abide by the rates, rules and
regulations of the City.
B. The applicant must sign the form provided by the City,
and furnish the following information, if applicable:
1. Date of application.
Name of applicant.
3. Name of third party, if desired, who is designated
by applicant to receive notice of termination.
4. Address of premises to be served.
5. Applicant's mailing address where bills are to be sent.
6. Date applicant desires initiation of service.
7. Purposes for which service is to be.used.
8. ~ether the applicant is the owner, tenant, or agent
for the premises.
9. Previous service address of the applicant within the
City '~
· lz anv.
10. A deposit to establish credit of applicant as speci-
fied in Section 14.02.020.
ll. Application processing fee in the amount of ten
dollars ($!0).
12. Such other information as the City may reasonably
require.
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C. The application is merely a request for service and
does not in itself bind the City to serve except under reason-
able conditions, nor does it bind the customer to take service;
but if the service is connected, the customer will be required
to pay monthly minimum charges according to the applicable rate.
D. No application for electric, water and/or sewer service
shall be accepted, or no new service shall be furnished any person,
firm or corporation who have any bill, fee or charge which has
been due to the City for a period of thirty (30) days or more,
until such bill, fee or charge has been paid in full.
14.02.020--Establishment of Credit. A customer shall estab-
lish credit with the City by depositing an amount equal to one
and one-half (1~) times the average monthly bill for the service
address, rounded to the nearest five dollars. For new services~
the Utility Services Department shall estimate the average
monthly bill. After a sanisfac~ory pa~en~ record of twelve (12)
consecutive months with no more than one delinquency, the deposit
shall be refunded to the customer. A customer to whom a deposit
has been refunded and who becomes delinquent may be required to
reestablish credit by making a new deposit as specified in this
section. A commercial customer who has once established credit
at a commercial location, shall not be required to pay a deposit
on additional commercial locations.
4.02.030 Bills--Due Date. All bills are payable within ten
(10) days afCe~ postal mai zIY~ date on the bill. If bills are
not paid within fifteen (15) days after the postal mailing date,
then a notice shall be sent to delinquent customers that service
will be disconnected if the bills are not paid by the date speci-
fied on the notice of delinquency. Such notice shall be mailed
not more than twenty (20) days after the postal mailing date of
the original bill.
4.02.040 Notice of Delinquence--Contents. The City will
give written notice to the customer before termination of ser-
vice by mailing a notice of delinquency. The notice will contain:
A. A clear explanation of the reasons of termination;
B. The ~.te of the proposed term. ination which shall be
not less than ten (10) more more than fifteen (15) days from the
date of mailing of the notice;
C. A statement advising the customer that he or she may
appeal the proposed termination to the City Council by submitting
a written request for a hearing to the City Recorder, Ashland City
Hall, setting forth reasons for the appeal;
D. A statement that no termination will take place during
the period of November to March inclusive, if the customer has
obtained prior to the proposed date of termination, a written
statement from a licensed physician or a public or private agency
providing physical or mental health care, that the termination
would significantly endanger the physical health of a residential
customer or any member of the customer's household. The customer
shall also be advised that such certification must be renewed in
writing every thirty (30) days thereafter, unless the certification
states that the condition is chronic, in which case the certifica-
tion must be renewed annually. Any customer filing such a
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certification, shall also be advised that they must enter into
an arrangement with the City to pay any past due bills that
accrue while the certificate is in effect.
E. A statement that the City will not be liable for any
loss incurred because of a disconnect for nonpayment of a
utility bill.
14.02.050 Notice of Delinquency--Service of Notice. The
Notice of Proposed Termination shall be mailed by first class
mail to the last known address of the customer and to any third
party designated by the customer pursuant to Section 14.02.070
to receive notices. Service shall be deemed complete as of
the date of the mailing.
14.02.060 Notice of Delinquency--Personal Contact.
A. At least 72 hours prior to the proposed termination of
residential s.ervice, the City shall attempt in good faith to
contact the person in possession of the residence and their desig-
nated representative in person, inform them that termination is
imminent, explain the alternatives and assistance available, and
determine the reason or reasons the customer has not responded to
the Notice of Proposed Termination.
B. Immediately prior to termination of residential service,
the City shall attempt in good faith to make a personal contact
with the above persons and advise them of the proposed action.
C. If the customer appears unable to comprehend the con-
sequences of the notices or service termination, for any reason,
the City shall delay the termination of service until it has
appropriately notified the Department of Human Resources. in
such case the customer shall have an additional 5 business days
beyond the termination date stated in the notice to reach agree-
ment with the City, or to appeal the matter to the City Council,
before he or she may be terminated.
D. Procedures used and efforts made by a utility to make
the personal contacts under this section shall be documented.
If personal contacts cannot be made, notices shall be left in
a conspicuous place at the residence, stating that service will
be terminated in the case of the second personal contact.
14.02.070 Designation of third party to receive notice.
The City will offer its customers the option to designate a
third party to receive the notice of termination set forth in
Section 14.02.040. Notification of this option shall be made
upon initiation of service.
14.02.080 Information on Financial Assistance. Prior to
terminating service, the City will inform residential customers
who cannot pay their bills of the names and telephone numbers
of appropriate units within the State Department of Human
Resources or other social service agencies which may help the
customer determine what federal, state or private aid may be
available to that customer.
14.02.090 Appeal of Termination Action.
A. Any customer may appeal the City's decision to terminate
service or its refusal to restore service, by submitting a written
appeal stating the reasons for the appeal to the City Recorder,
Ashland City Hall, during business heurs.
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B. Upon receipt of the appeal, the City Recorder shall
notify the Utility office, and if the service has not been
terminated, the City shall not terminate service until after
the matter has been acted upon by the City Council.
C. The City Recorder shall present the appeal to the
City Council at its next regular meeting, giving notice to
the customer of the date, time and location of the proposed
hearing before the City Council. The decision of the City
Council shall be final.
14.02.100 Restrictions on Residential Terminations.
A. Physical Disabilities - The City will not terminate
service of a residential customer or refuse to restore service
on request, if the City has been advised in writing by a
licensed physician, or public or private agency providing
physical or mental health care, that termination of service
would significantly endanger the physical health of the customer
or any member of the customer's household and a ceritification
under Section 14.02.040(D) is in effect. However, the City
reserves the right to install a service limiter type meter
while such certification is in effect.
B. Weekends and Holidays - Residential service shall
not be terminated on, or the day prior to, a weekend or Holiday.
C. Accounts not related to residential service - the City
will not terminate residential service of a customer for
failure to pay for a nonresidential service at another address,
nor shall service be terminated for a nonresidential service for
failure to pay for a residential service at another address.
14.02.110 Requirements for Restoration of Service. Except
as provided in Section 14.02.090 during the pendency of an appeal,
if a residential customer's service has been properly terminated
under the above policies, the City shall not be required to
restore or provide service at the same or any other location at
which the customer resides, without payment in full of any over-
due amounts, together with any deposits and reconnection charges
authorized in this Section. If service has been disconnected
for nonpayment, a $5.00 reconnection charge will be paid with ~he
delinquent account if the reconnec~ion is requested to be made
during regular working hours of the Electric Department; or a
charge of $30.00 during other hours or on weekends or Holidays,
before service is restored. Any customer not having a current
deposit whose service has been disconnected for nonpayment will
be regarded as a new customer, and a new deposit shall be required
before service is restored.
14.02.120 Penalty on delinquent accounts. A penalty of one
and one-half percent (1~%) per month may be charged on the
delinquent portion of all utility accounts in excess of five
hundred dollars ($500.00) or more, beginning on the thirtieth day
following the original due date established in Section 14.02.030.
SECTION 2. Section 14.12.010 of the Ashland Municipal Code is
hereby repealed.
SECTION 3. Subsections A through E, and M through 0 of Section
~-g~2.050 of the Ashland Municipal Code are hereby repealed, and
Section 14.12.050 shall be retitled "Metering and interruption
of deliveries"
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SECTION 4. Section 14.12.070 of the Ashland Municipal Code
is hereby repealed.
The foregoing ordinance was first read by title only in
accordance with Article X, Section 2(C) of the City Charter
on the /,l~ day of ~-~,'~:~,, 1983, and duly PASSED and
ADOPTED this /~- day of -~_,.~_~,j, 1983.
ATTEST:
> ~--/~.~ /-/.
Nan E. Franklin
City Recorder - Treasurer
SIGNED and APPROVED this /~day of -~_i~_~. ~[~ , 1983.
~ ._~ .. ..~ d.d d.~ _~/~..'
L'. Gordon Medaris
Mayor