The City Council of the city hereby adopts the following rules and regulations related to termination of service for residential and commercial natural gas customers within the city:
(1)
The due date of the bill for utility service shall not be less than fifteen (15) days after issuance or such other period of time as may be provided by ordinance of the City Council. A bill for utility service is delinquent if unpaid by the due date.
(2)
The gas utility company may offer an inducement for prompt payment of bills by allowing a discount in the amount of five (5) percent for payment of bills within ten (10) days after their issuance. This provision shall not apply where it conflicts with existing ordinances of the City Council.
(3)
The customer’s utility service may be disconnected if the bill has not been paid or a deferred payment agreement pursuant to the rules of the gas utility company has not been entered into within five (5) days after the bill has become delinquent and proper notice has been given. Proper notice shall consist of a mailing or hand delivery to the customer at least five (5) days prior to a stated date of disconnection.
(4)
Gas utility service may be disconnected for any of the following reasons:
(A)
Failure to pay a delinquent account regardless of the amount of the customer’s security deposit, or failure to comply with the terms of a deferred payment plan for installment payment of a delinquent account;
(B)
Violation of the rules of the gas utility company pertaining to the use of service in a manner which interferes with the service of others or the operation of nonstandard equipment, if a reasonable attempt has been made to notify the customer and the customer is provided with a reasonable opportunity to remedy the situation;
(C)
Failure to comply with deposit or guarantee arrangements where required by the gas utility company;
(D)
Existence of a known dangerous condition for as long as the condition exists, in which case service may be terminated without notice;
(E)
Tampering with a gas utility company meter or equipment or bypassing the same;
(F)
Failure or refusal of consumer to repair or replace or to have repaired or replaced any of consumer’s piping, appliances or equipment when notified by the gas utility company of their hazardous condition;
(G)
Fraudulent representation relating to the consumption of gas;
(H)
Selling, delivering or furnishing gas or gas service without written permission from the gas utility company to other persons either on or off consumer’s premises; and
(I)
Using gas for purposes other than as represented.
(5)
Above notwithstanding, utility service may not be disconnected for any of the following reasons:
(A)
Delinquency in payment for service by a previous occupant of the premises;
(B)
Failure to pay for merchandise or charges for nonutility service provided by the gas utility company;
(C)
Failure to pay for a different type or class of utility service unless fee for such service is included on the same bill;
(D)
Failure to pay the account of another customer as guarantor thereof, unless the gas utility company has in writing the guarantee as a condition precedent to service;
(E)
Failure to pay charges arising from an underbilling occurring due to any misapplication of rates more than six (6) months prior to the current billing;
(F)
Failure to pay charges arising from an underbilling due to any faulty metering, unless the meter has been tampered with or unless such underbilling charges are due;
(G)
Failure to pay an estimated bill other than a bill rendered pursuant to an approved meter reading plan, unless the gas utility company is unable to read the meter due to circumstances beyond its control.
(6)
Unless a dangerous condition exists, or unless the customer requests disconnection, service shall not be disconnected on a day or on a day immediately preceding a day, when personnel of the gas utility company are not available to the public for the purpose of making collections and reconnecting service.
(7)
The gas utility company may not abandon a customer without written approval from the City Council. Gas service shall automatically terminate upon written approval from the City Council for removal or abandonment by the gas utility company of the portion of its system or plant from which customer is served.
(1998 Code, sec. 11.401)