Legal Documents of Mountain City

Code of Mountain City

Table of Contents » Title 18 Water and Sewers » Chapter 1 Water And Sewers » § 18-116 Discontinuance of service policy.
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Title 18
18-1
Title 18, Chapter 1
18-101
§ 18-101
Mountain City
Title 18 : Water and Sewers
Chapter 1 : Water And Sewers

18-116 : Discontinuance of service policy.

  1. Reasons for discontinuance of service.
    1. Non payment of bill or other charges.
    2. Partial payment of bill or other charges.
    3. Failure to comply with utility rules, regulations or policies.
    4. Any threat to public health on the customers premises which may endanger other customers.
    5. Tampering with utility equipment or stealing service.
    6. In the event that a customer has allowed more than one (1) service on one (1) tap.
    7. Return checks (bad checks) on payment for any reason after one (1) attempt to contact customer.
  2. Second notice. There will be no second notice (if unpaid ten (10) days after gross amount due date, service subject to be discontinued without further or second notice). The above is printed on the reverse side of the Town of Mountain City utility bills.
  3. When services will be discontinued.
    1. In no event will any customer connection be allowed service beyond one (1) delinquent month and the current due payment.
    2. Service cutoffs for non-payment or partial payment of bills will be handled in accordance with the workload of utility personnel and town hall personnel.

  4. Disputed bills. When a customer receives a bill and considers the bill to be incorrect, the customer may request a review of the bill. To request a review, the customer must contact any town hall employee in person or by telephone within ten (10) days of receiving the notice. In the event the dispute cannot be received by telephone, the customer must make an appointment to meet with a town hall employee or the town recorder. No bill adjustments will be made within five (5) days of the monthly due date. The customer's service will not be discontinued for failure to pay a disputed bill until the customer has the opportunity to meet with town personnel. This policy will not be allowed for customers to use as delay tactics delaying discontinuance. No delinquent bills will be adjusted; therefore, if the customer fails to promptly request a meeting adjustment according to policy then the customer forfeits that right. Proof of repairs is mandatory to prove leaks/leak repairs relative to an adjustment.

    Procedure for customer bill protests:

    The customer may request that the disputed bill be reviewed by the mayor and/or town council by making an appointment with the mayor or attending monthly council meeting after making written request notice to the town recorder. Such request will not delay the discontinuance of service.

  5. For the benefit of the customer, normal service cutoffs will not be made on Friday or on the day immediately preceding a holiday.
  6. In the following situations the Town of Mountain City reserves the right to discontinue service without the customer's notice:
    1. When in the opinion of the town a situation exists that may endanger public health.
    2. When there is evidence of tampering with utility equipment or stealing of service.
    3. When it is discovered that a misrepresentation of identity was made in obtaining service.
    4. Upon receipt of a worthless check as returned by financial institution.
    5. If the customer has leaks on his/her side of meter has been requested to repair but without compliance by the customer to stop water loss.
  7. Reconnection days. Service will be reinstated only during regular working hours, Monday through Friday, except in case of an emergency, or a mistake by town personnel. Also, reinstatement requires payment in full plus any applicable fees. Cash only basis will be applied to large balances that exceed one hundred dollars ($100.00) or if the town has a known history of check problems with customers.
  8. Failure of customer to receive bill. Utility bills are a recurring charge. Failure by the customer to receive a utility bill will not entitle the customer to be relieved of payment and the appropriate late fee if applicable. Failure to notify the Town of Mountain City of an address change will not relieve either the bill and/or the applicable late fees.
  9. Reconnection charge.
    1. The customer shall pay all costs for the discontinuance of service including any reconnection charge, damage charges/cost and assessment charge relative to a worthless check.
    2. All transactions must be made in person at town hall; no service personnel will accept payment in the field.
  10. Liability of the customer and the Town of Mountain City. Discontinuance of service by the Town of Mountain City Water/Sewer System shall not release the customer from liability for payment of services already received or from liability from payments that thereafter become due under the minimum bill provisions or other provisions that the customer agreed to upon initial service request.
  11. The Town of Mountain City, or its water/sewer system, known as the Town of Mountain City Water/Sewer System, shall not be liable for any loss or damage resulting from discontinuance of service.
  12. Eviction of tenants. A landlord shall not use the discontinuance of service to his or her property to force a tenant or occupant to surrender possession of the property. The landlord shall use appropriate legal means for that purpose.
  13. Customer of record is accountable for charges. The customer(s) whose name appears on the application for service is (are) the customer's responsibility for payment of all charges. That customer is also responsible for any rules or policy violations that occur regarding the utility service to that property. Personal participation by the customer in any such violation shall not be necessary to impose personal responsibility on the customer.
  14. Collection expense. In the event any customer fails to pay any utility fee or charge, the customer shall pay all costs of collection, including court costs and reasonable attorney's fees incurred by the Town of Mountain City Water/Sewer System in collecting such sums.
  15. No new service to delinquent accounts.
    1. The Town of Mountain City shall have the right to refuse to render service to an applicant or to any member of an applicant's household who is living at the same address whenever such person(s) is (are) delinquent on any payment to the Town of Mountain City Water/Sewer System or had his or her service discontinued because of a violation of the policy or agreements of the Town of Mountain City.
    2. If an emergency medical service customer cannot pay a bill or other charge, it shall be the customer's responsibility to find a social service agency or charitable group to assist the customer to prevent the eventual discontinuance of service for non-payment.
  16. Cutoff in writing or in person. The customer in whose name the service is furnished may request termination of service by mail or in person at the office of the Town of Mountain City, town hall which handles all such requests, work orders and etc. relative to termination of service. No telephone requests for cutoffs will be honored.
  17. Termination of service. Each customer must give a minimum of seven (7) days' notice to the Town of Mountain City of a service termination. The customer will be responsible for all charges, which occur to the end of the seven (7) day period including the minimum charge.
  18. Where the Town of Mountain City Water/Sewer System is furnishing service to an occupant of premises under an account not in the occupant's name, the Town of Mountain City reserves the right to impose the following conditions on the right of the customer to discontinue service under such an account:
    1. Written notice of the customer's desire for such service to be continued may be require; and
    2. The Town of Mountain City shall have the right to continue such service for a period not to exceed two (2) business days after receipt of such written notice, during which time the customer will be responsible to the Town of Mountain City for all charges for such service. (1994 Code, § 18-116)