[HISTORY: Adopted by the City Council of the City of Seward
as Ch. 3, Art. 4, of the 1976 Code. Amendments noted where applicable.]
(Neb. RS 70-1605 et seq.)
[Amended 9-4-1979 by Ord.
No. 1179; 9-21-1982 by Ord. No. 20-82; 9-18-1984 by Ord. No. 29-84; 4-16-1991 by Ord. No. 10-91; 8-17-1999 by Ord. No. 39-99; 11-21-2006 by Ord. No. 29-06]
A.
The municipality shall have the right to discontinue services and
remove its properties if the charges for such services are not paid
prior to the date that the same become delinquent. If the consumer
shall neglect or refuse to pay his bill on or before the delinquent
date, the City, through the Electric Superintendent, shall discontinue
service until all amounts in arrears are paid, together with the service
charges to resume service. Before any termination, the Department
of Utilities shall first give notice to any domestic subscriber whose
service is proposed to be terminated. Such notice shall be given in
person, by first class mail, or by electronic delivery, except that
electronic delivery shall only be used if the subscriber has specifically
elected to receive such notices by electronic delivery. If notice
is given by first class mail, such notice shall be conspicuously marked
as to its importance. Service shall not be discontinued for at least
seven days after notice is sent or given. Holidays and weekends shall
be excluded from the seven days. If disconnect proceedings have begun
in the Utility Office, after the stated date and time, a labor charge
as set from time to time by the City Council shall be paid by the
consumer during regular working hours. If disconnect proceedings have
occurred and service is requested at any time other than regular hours
of the Electric Department employees, the consumer shall be charged
with a labor charge as set from time to time by the City Council.
(Neb. RS 70-1605)[1]
B.
The notice shall contain the following information:
(1)
The reason for the proposed disconnection;
(2)
A statement of the intention to disconnect unless the domestic
subscriber either pays the bill or reaches an agreement with the Department
regarding payment of the bill;
(3)
The date upon which service will be disconnected if the domestic
subscriber does not take appropriate action;
(4)
The name, address, and telephone number of the employee or department
to whom the domestic subscriber may address an inquiry or complaint;
(5)
The domestic subscriber's right, prior to the disconnection
date, to request a conference regarding any dispute over such proposed
disconnection;
(6)
A statement that the Department may not disconnect service pending
the conclusion of the conference;
(7)
A statement to the effect that disconnection may be postponed
or prevented upon presentation of a duly licensed physician's
certificate which shall certify that the domestic subscriber's
household has an existing illness or handicap which would cause such
subscriber or resident to suffer an immediate and serious health hazard
by the disconnection of the utility's service to that household.
Such certificate shall be filed with the Department of Utilities within
five days of receiving notice under this section and will prevent
the disconnection of the Department's services for a period of
30 days from such filing. Only one postponement of disconnection shall
be allowed under this subsection for each incidence of nonpayment
of any due account;
(8)
The cost that will be borne by the domestic subscriber for restoration
of service;
(9)
A statement that the domestic subscriber may arrange with the
Department for an installment payment plan;
(10)
A statement to the effect that those domestic subscribers who
are welfare recipients may qualify for assistance in payment of their
utility bill and that they should contact their caseworker in that
regard; and
(11)
Any additional information not inconsistent with this section
which has received prior approval from the governing body.
(Neb. RS 70-1606)
C.
A domestic subscriber may dispute the proposed discontinuance of
service by notifying the utility with a written statement that sets
forth the reasons for the dispute and the relief requested. If a statement
has been made by the subscriber, a conference shall be held before
the utility may discontinue services. (Neb. RS 70-1609)
D.
The procedures adopted by the governing body for resolving utility
bills, three copies of which are on file in the office of the Municipal
Clerk, are hereby incorporated by reference in addition to any amendments
thereto and are made a part hereof as though set out in full.
E.
This section shall not apply to any disconnections or interruptions
of services made necessary by the utility for reasons of repair or
maintenance or to protect the health or safety of the domestic subscriber
or of the general public.
[Amended 10-5-1982 by Ord. No. 27-82; 4-16-1991 by Ord. No. 11-91; 8-17-1999 by Ord. No. 40-99; 8-21-2007 by Ord. No. 23-07[1]]
Utility bills shall be mailed to the commercial consumers on
or about the 25th day of each month and shall be considered delinquent
on the 15th day of the following month. If the commercial consumer
shall neglect or refuse to pay his bill by the delinquent date, the
City, through its Electric Superintendent, shall discontinue service
until all amounts in arrears are paid, together with the service charge
to resume services. Before any termination, the Department of Utilities
shall first give notice. Such notice shall be given in person, by
first class mail, or by electronic delivery, except that electronic
delivery shall only be used if the subscriber has specifically elected
to receive such notices by electronic delivery. Such notice shall
be conspicuously marked as to its importance. Service shall not be
discontinued for at least three days after notice is given. If disconnect
proceedings have begun in the Utility Office after the stated date
and time, a labor charge as set from time to time by the City Council
shall be paid by the consumer during regular working hours. If disconnect
proceedings have occurred and service is requested at any time other
than regular hours of the Electric Department employees, the consumer
shall be charged with a labor charge as set from time to time by the
City Council.
[Amended 12-19-1995 by Ord. No. 48-95; 4-15-2003 by Ord. No. 16-03]
A.
For purposes
of this section, the definitions found in Neb. RS 25-21, 275 shall
apply.
B.
Basis.
(1)
The municipality may bring a civil action for damages against
any person who commits, authorizes, solicits, aids, abets, or attempts
bypassing, tampering, or unauthorized metering when such act results
in damages to a municipal utility. The municipality may bring a civil
action for damages pursuant to this section against any person receiving
the benefit of utility service through means of bypassing, tampering
or unauthorized metering.
(2)
In any civil action brought pursuant to this section, the municipality
shall be entitled, upon proof of willful or intentional bypassing,
tampering, or unauthorized metering, to recover as damages:
(a)
The amount of actual damage or loss if the amount of the damage
or loss is susceptible to reasonable calculation; or
(b)
Liquidated damages of $750 if the amount of actual damage or
loss is not susceptible to reasonable calculation.
(c)
In addition to damage or loss under Subsection A(2)(a) or (b),
the municipality may recover all reasonable expenses and costs incurred
on account of the bypassing, tampering, or unauthorized metering,
including, but not limited to, disconnection, reconnection, service
calls, equipment, costs of the suit, and reasonable attorney's
fees in cases within the scope of Neb. RS 25-1801.
(Neb. RS 25-21, 276)
C.
Rebuttable presumption.
(1)
There shall be rebuttable presumption that a tenant or occupant
at any premises where bypassing, tampering or unauthorized metering
is proven to exist caused or had knowledge of such bypassing, tampering,
or unauthorized metering if the tenant or occupant:
(a)
Had access to the part of the utility supply system on the premises
where the bypassing, tampering, or unauthorized metering is proven
to exist; and
(b)
Was responsible or partially responsible for payment, either directly
or indirectly, to the utility or to any other person for utility services
to the premises.
(2)
There shall be a rebuttable presumption that a customer at any
premises where bypassing, tampering, or unauthorized metering is proven
to exist caused or had knowledge of such bypassing, tampering, or
unauthorized metering if the customer controlled access to the part
of the utility supply system on the premises where the bypassing,
tampering, or unauthorized metering was proven to exist.
(Neb. RS 25-21, 277)
D.
The remedies provided by the section shall be deemed to be supplemental
and additional to powers conferred by existing laws. The remedies
provided in this section are in addition to and not in limitation
of any other civil or criminal statutory or common law remedies (Neb.
RS 25-21, 278)
(Neb. RS 86-329 through 86-331)
[Amended 4-15-2003 by Ord. No. 17-03]
A.
It is an offense for any person:
(1)
To connect any instrument, device, or contrivance with any wire
supplying or intended to supply electricity or electric current or
to connect any pipe or conduit supplying water, without the knowledge
and consent of the municipality, in such manner that any portion thereof
may be supplied to any instrument by or at which electricity, electric
current, or water may be consumed without passing through the meter
made or provided for measuring or registering the amount or quantity
thereof passing through it;
(2)
To knowingly use or knowingly permit the use of electricity,
electric current, or water obtained unlawfully pursuant to this section;
(3)
To reconnect electrical or water service without the knowledge and consent of the municipality if the service has been disconnected pursuant to Neb. RS 70-1601 to 70-1615 or § 370-1.2 of this chapter; or
(4)
To willfully injure, alter, or by any instrument, device, or
contrivance in any manner interfere with or obstruct the action or
operation of any meter made or provided for measuring or registering
the amount or quantity of electricity, electric current, or water
passing through it, without the knowledge and consent of the municipality.
B.
Proof of the existence of any wire, pipe, or conduit connection or
reconnection or of any injury, alteration, interference, or obstruction
of a meter is prima facie evidence of the guilt of the person in possession
of the premises where such connection, reconnection, injury, alteration,
interference, or obstruction is proved to exist.
(Neb. RS 28-515.02)
