The following procedures regarding delinquent
accounts shall apply only with respect to accounts within the City
of Trenton. The Division of Water and Sewer shall follow the procedures
required by the Board of Public Utilities for accounts outside the
City.
As used in this article, the following terms
shall have the meanings indicated:
The person or entity who has contracted for water and sewer
services or, in the absence of such a contract, the owner or owners
of the premises being serviced.
An account for which the total amount due for water and sewer
has not been paid within 40 days after billing.
A person to whom an owner has yielded possession of property,
or a dwelling unit, and includes tenants.
Unpaid charges for water and sewer services
rendered after October 1, 1989, shall bear interest at the same rates
applicable to delinquent real property taxes, beginning on the date
that the account becomes delinquent.
A.
Except as provided below, the Division of Water and
Sewer shall have the right to discontinue service to premises with
delinquent accounts upon reasonable notice.
B.
The Division of Water and Sewer shall not discontinue
water service under the following circumstances:
(1)
The bill is in dispute and the customer or occupant has requested a hearing and made payment of the undisputed portion of the bill pursuant to § 309-62.
(3)
The occupants are residential tenants who have entered into a payment agreement pursuant to § 309-64.
A.
Time. The Division of Water and Sewer shall give at
least seven days' written notice of its intention to discontinue services.
The notice may be served any time after the account becomes delinquent.
B.
Service of notice.
(1)
Persons to be served. The Division of Water and Sewer
shall serve the notice of termination on the account customer. In
addition, the Division of Water and Sewer shall annually notify all
residential customers that, upon request, notice of discontinuance
of service will be sent to a designated third party as well as to
the customer. Where the account customer has an address different
from the address of the premises being serviced, the notice shall
also be sent to the occupant of the premises.
(2)
Manner of service. The notice of termination shall
be sent by regular mail. In addition, the Division of Water and Sewer
shall make a good faith effort to determine which of its residential
customers are over 65 years of age, and shall make a good faith effort
to notify such customers of discontinuance by telephone, in addition
to notice by regular mail.
C.
Contents of discontinuance notice. On all notices
of discontinuance there shall be included:
(1)
A clear statement of the amount believed to be in
arrears.
(2)
A statement that water service shall be terminated
on or after a specified date, which shall in no event be less than
seven days from the date of the posting of such notice.
(3)
A statement that if the customer or occupant is presently
unable to pay an outstanding bill, the customer or occupant may contact
the Division of Water and Sewer to discuss the possibility of entering
into a reasonable deferred payment agreement.
(4)
A statement that if the customer or occupant wishes
to contest a bill or the proposed termination of services, (s)he is
entitled to a hearing prior to termination of services. The Division
of Water and Sewer may require the customer or occupant to file a
written request for a hearing on forms to be prescribed by the Division.
(5)
The address and telephone number of the Division.
A.
The Division of Water and Sewer shall not discontinue
service in cases where a charge is in dispute, provided that the customer
or occupant files a request for a hearing and the undisputed charges
are paid at or prior to the hearing.
B.
When a bill is in dispute and a request is made to
the Division of Water and Sewer for a hearing, the days allowed for
net billing shall begin at the date of receipt of the ruling or determination.
A.
Whenever a customer or occupant advises the Division
of Water and Sewer prior to the date of a proposed discontinuance
for nonpayment that (s)he wishes to discuss a deferred payment agreement
because (s)he is presently unable to pay a total outstanding bill,
the Division of Water and Sewer shall make a good faith effort to
enter into a reasonable deferred payment agreement.
B.
While a deferred payment agreement need not be entered
into more than once per year, the Division of Water and Sewer may
offer more than one agreement in a year.
A.
The Division of Water and Sewer shall make every reasonable
attempt to determine when a landlord-tenant relationship exists at
residential premises being serviced.
B.
If such a relationship exists, discontinuance of service
is prohibited unless:
(1)
The Division of Water and Sewer has posted notice
of discontinuance in the common areas of multiple-family premises
and, where possible, has given individual notice to occupants of single-
and two-family dwellings; and
(2)
The Division of Water and Sewer has offered the tenant
or tenants continued service to be billed to the tenants. The Division
of Water and Sewer shall require the tenant or tenants to pay bills
for future services, and shall require the tenant or tenants to enter
into a deferred payment plan which would be sufficient to bring the
account current within one year.
(3)
The amount to be paid by any tenant shall not exceed
the amount of that tenant's monthly rent.
(4)
The Division of Water and Sewer shall not be required
to continue service to a tenant or tenants where such billing is not
reasonably feasible.
(5)
The Division of Water and Sewer shall not be held
to the requirements of this section if the existence of a landlord-tenant
relationship could not be reasonably ascertained or where the tenant
or tenants are the account customers.
A.
Except as provided in Subsection B below, the Division of Water and Sewer shall not refuse or discontinue service to a customer who has filed for bankruptcy solely on the basis that a bill for services rendered before the order for relief was not paid when due.
B.
The Division of Water and Sewer may refuse or discontinue
service to a customer who has filed for bankruptcy if neither the
trustee nor the customer, within 20 days of the order for relief,
furnishes adequate assurance of payment in the form of a deposit or
other security for service after such date.
A.
Discontinuance of residential service for nonpayment
is prohibited if a medical emergency exists within the premises which
would be aggravated by the discontinuance of service and the customer
or occupant gives reasonable proof of inability to pay.
B.
Discontinuance shall be prohibited for a period of
up to two months when a customer submits a physician's statement,
in writing, to the Division of Water and Sewer as to the existence
of the emergency, its nature and probable duration, and that termination
of water service will aggravate the medical emergency.
C.
Recertification by the physician as to continuance
of the medical emergency shall be submitted to the Division of Water
and Sewer after 30 days. However, at the end of such period of emergency,
the customer or occupant shall still remain liable for payment for
services rendered.
D.
The General Superintendent of the Division of Water
and Sewer may extend the sixty-day period for good cause.
E.
The Division of Water and Sewer, in its discretion,
may delay discontinuance of residential water service for nonpayment
prior to submission of the physician's statement required by this
section when a medical emergency is known to exist.
The Division of Water and Sewer may not discontinue
service for nonpayment on Saturday, Sunday or a holiday on which the
Division of Water and Sewer's offices are closed, or after 1:00 p.m.
of the business day prior to a weekend or holiday.
A.
Service shall be restored upon proper application
when the conditions under which service was discontinued are corrected
and upon payment of all proper charges due, including interest and
a reconnection fee of $50.
B.
In addition to a payment of all charges due, the Division
of Water and Sewer shall require the customer, as a condition of restoration
of service, to make or establish over a period of payments a deposit
equal to the amount due for the past two quarters. Such deposit shall
be maintained to secure prompt payment for future billings.
No owner or occupant of any premises whose water services have been discontinued by the Division of Water and Sewer shall knowingly cause or permit the reconnection of such service without the approval of the Division of Water and Sewer. Any person violating the provisions of this section, upon conviction, shall be subject to the penalties set forth in Chapter 1, Article III, General Penalty, of the Code of the City of Trenton.
[Amended 2-5-2004 by Ord. No. 04-6]
A.
A customer disputing a bill shall notify the Director
of Water, in writing, that the billing is being disputed and provide
all evidence and information relevant to the dispute.
B.
The Director shall then review the case, make a determination
and respond to the customer in writing.
C.
Should the Director or the customer request an informal
meeting, the date, time and place of the meeting shall be arranged.
