[Ord. No. 1341, 7-17-2002; amended 2-15-2017 by Ord. No. 1685]
(a) Preamble. The City affirms that it is in the best interest of the
residents of the City to regulate and enforce the delivery of utility
service to tenants without interruption when rental dwelling units
are serviced by a single service utility connection. This section
shall be used to interpret and construe the provisions of this article
with the stated purpose and intent of this preamble.
(b) Definitions. The following terms shall have the meanings set forth in this subsection for the purposes of Subsection
(c) and
(d) of this section:
(1)
BILLED CUSTOMER/TENANT — A tenant or occupant
of a dwelling unit who is the customer of record for utility service
for a rental of dwelling.
(2)
NONBILLED CUSTOMER/TENANT — A tenant or occupant
who is not the customer of record but who occupies a dwelling unit
which receives the benefit of utility service provided to a billed
customer/tenant or owner.
(3)
UTILITY SERVICE — Gas, electric, water, sewer,
solid waste and such other services provided by a private or municipal
utility, which are necessary for the habitability of a rental dwelling.
(4)
OWNER — The person or entity having a legal
and/or equitable interest in a rental dwelling unit.
(c) Duty of owner. The owner of a rental dwelling shall contract, lease
or otherwise make available utility services to nonbilled customer/tenants
to be free from interruption, termination or shutoff caused by either
of the following, or combinations thereof:
(1)
A billed customer/tenant's or owner's failure to pay the amounts
due for utility service; or
(2)
An order from a billed customer/tenant or owner to voluntarily
disconnect, terminate or shut off utility service.
(d) Limitations. The provisions of this section shall not be construed to regulate or impair the owner's ability to contract with a tenant for the delivery and payment of utility service. This section shall designate the owner as the responsible person in the event the delivery of utility service is interrupted, terminated or shut off for a nonbilled customer/tenant as a result of the provisions of Subsection
(c) of this section.
(e) Duty of tenant or occupant. The tenant or occupant of a rental dwelling shall not tamper with or shut off a heating system, which is required to be operating under the provisions of Section
14-4.17(b).