Title 13 WATER AND SEWERS*
Chapter 13.22 DISCONNECTION OF WATER SERVICE
13.22.040 Prohibited disconnection.
The utility may not disconnect service to the user:
a. Upon the
user’s failure to pay for merchandise or appliances purchased from the
utility;
b. Upon the user’s failure to pay for the service rendered at
a different metering point, residence, or location if such bill has remained
unpaid for less than forty-five (45) days;
c. Upon the user’s failure
to pay for services to a previous occupant of premises to be served, unless the
utility has good reason to believe the user is attempting to defraud the utility
by using another name;
d. Upon the user’s failure to pay for a
different form or class of utility service; or
e. If the user shows cause
for his/her inability to pay the full amount due (financial hardship shall
constitute cause), and said user
(i) pays a reasonable portion (as
determined by the clerk-treasurer of the town) of the bill;
(ii) agrees to
pay the remainder of the outstanding bill within three (3) months;
(iii)
agrees to pay all undisputed future bills for service as they become due;
and
(iv) has not breached any similar agreement with the utility made
pursuant to this rule within the past twelve months.
Provided, however, that
the utility may add to the outstanding bill a late payment charge as provided in
Section 13.20.010(f) of the Code. Provided further, that the above terms of the
agreement shall be put in writing by the utility and signed by the user and by
the utility clerk or clerk-treasurer of the town. Only one late payment charge
may be made to the user under this section.
f. If a user is unable to pay a
bill, which is unusually large due to prior incorrect reading of the meter,
incorrect application of the rate schedule, incorrect connection or functioning
of the meter, prior estimates where no actual reading was taken for over two (2)
months, stopped or slowed meter, or any human or mechanical error of the
utility, and the user:
(i) pays a reasonable portion of the bill, not to
exceed an amount equal to the user’s average bill for the twelve (12)
bills immediately preceding the bill in question;
(ii) agrees to pay the
remainder at a reasonable rate, and
(iii) agrees to pay all undisputed
future bills for service as they become due; provided, however, that the utility
may not add to the outstanding bill any late fee. Provided, further, that the
above terms of agreement shall be put in writing by the utility and signed by
the user and the utility clerk or the clerk-treasurer of the town.
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