[Amended 4-23-1986]
All utility accounts are due in full within 20 days of the date of billing. Accounts not paid when due shall accrue penalty thereon at the rate of 10% per month.
[HISTORY: Adopted by the Town Council of the Town of Hillsville 11-24-1981 (Sec. 8-2 of the 1978 Code). Amendments noted where applicable.]
The Town Council of Hillsville finds and declares that the provisions of this chapter are enacted for the following reasons:
A.
To ensure timely and complete payment of all utility charges and all installments and surcharges arising from utility services supplied to customers.
B.
To regulate termination of utility services to customers for nonpayment of utility charges and/or installments and surcharges.
C.
To provide full and adequate notice to a customer of a proposed termination of utility service to that customer and of the procedure to follow to avoid termination.
D.
To provide customers with a fair and reasonable opportunity, prior to termination, to dispute the correctness of utility charges and/or installments and surcharges.
E.
To provide a reasonable deferred payment plan to residential customers unable to pay a utility charge timely and completely.
F.
To standardize the contents of the utility bill, the notice of termination and other notices sent to customers.
[Amended 12-9-1987]
A.
All prospective utility customers shall, prior to the commencement of utility service, submit to the Town a written application providing the following information:
B.
Utility service shall not be supplied to any prospective residential customer if that person has any outstanding and unpaid utility charges and/or installments and surcharges arising from prior utility service.
C.
All utility customers except industrial customers and homeowners with existing or prior accounts with the Town and whose credit is in good standing with the Town for a period of at least one year shall pay a deposit in an amount equal to five times the monthly minimum water and/or sewer charges, if billed bimonthly, or three times the minimum water and/or sewer charges, if billed monthly, applicable to them prior to the commencement of utility service. Exceptions may be limited in the discretion of the Town Manager. Nonresidential customers may apply for a refund of the deposit after one year of continuous service if all utility charges for that year have been paid promptly and in full. All other security deposits shall be refunded upon termination of utility services after deduction of any unpaid charges. Residential customers owning the property to which the utility service is furnished may apply for a refund of the deposit after two years of continuous service if all utility charges for the two-year period have been paid promptly and in full.
[Amended 10-24-1990; 8-24-1992]
D.
Owners of one or more rental units may elect to execute an agreement guaranteeing the payment of all utility services. With such an agreement, the Town shall waive the security deposit for all customers who rent from that owner. The agreement shall be substantially as follows:
[Amended 12-14-1988]
I agree to pay any and all delinquent utility charges for any utility customer that rents property from me. I shall pay such delinquent charges upon demand of the Town. | ||
|---|---|---|
Signed | ||
E.
Owners of residential or nonresidential buildings with one meter serving two or more users will be required to place the utility account in their name.
[Added 9-25-1995]
[Added 3-8-1993]
The Town, upon request, shall make available temporary water and sewer services on the opening of an account with the Town. Where a current meter exists and temporary service is to be of a duration no longer than two weeks, the deposit shall be $45. If the period is from two weeks to four weeks, the deposit shall be $80. Any period exceeding this time frame and utility customers with existing or prior accounts shall fall under § 153-3C above. In instances where temporary service is requested and no meter is present, the applicant shall pay all costs (labor and material) connected with setting a temporary meter as well as the deposit mentioned above. In all cases the deposit shall be refunded pursuant to § 153-3C.
[Amended 8-8-1984; 10-24-1990]
A residential utility bill shall be mailed every 60 days to every customer for utility service supplied during the time period shown on the utility bill. Each utility bill shall contain the following information:
A.
The utility charge and/or surcharge due.
[Amended 6-22-1992]
B.
The date of the utility bill.
[Amended 6-22-1992]
C.
The date when complete payment is due at the Town office, which shall be 20 days from the date of the utility bill.
D.
Notice that failure to pay the amount shown on the utility bill timely and completely shall result in a late penalty of 10% of the charges due.
[Amended 6-22-1992]
The Town shall provide, upon request, information on the following:
A.
The availability and operation of deferred payment plans.
B.
The procedure to dispute a utility charge and/or an installment and surcharge.
C.
The procedure to avoid termination of utility service due to nonpayment of utility charges and/or installments and surcharges.
D.
The procedure to obtain reinstatement of utility service.
A.
Any residential customer, except those described in § 153-7B, who is unable to pay a utility charge timely and completely may request, in writing, that the Town establish for him a deferred payment plan to enable him to pay the utility charge and to avoid termination of utility service.
B.
The following classes of residential customers are ineligible to request a deferred payment plan:
(1)
A residential customer whose utility service has been terminated for nonpayment of utility charges and/or installments and surcharges within the past six months of the customer's present request for a deferred payment plan.
(2)
A residential customer who has failed to make a timely and complete payment of a utility charge and/or an installment and surcharge within the past six months of the customer's present request for a deferred payment plan.
(3)
A residential customer who is currently making installment and surcharge payments under a prior deferred payment plan.
C.
The Town shall not establish a deferred payment plan based on request by a residential customer that is not timely. A request is timely if it is received by the Town prior to the date of termination of utility service.
D.
Upon receipt of an untimely request or a request from an ineligible residential customer, the Town shall mail to the customer a notice of his ineligibility or of the untimeliness of his request. The Town shall then proceed as if the customer had not made the request.
E.
Upon receipt of an eligible residential customer's timely request for the establishment of a deferred payment plan, the Town shall discuss with the residential customer and then mail to or personally serve upon him the exact payment requirement of the customer's deferred payment plan. The payment plan shall become effective only upon the Town's receipt of the customer's written acceptance of the payment requirements.
F.
No deferred payment plan shall be established that does not meet the following minimum payment requirements:
(1)
An initial payment of at least 25% of the utility charge subject to the deferred payment plan, payable at the time of the customer's written acceptance of the payment requirement of his deferred payment plan. Exception for water and/or sewer connection deferred payment plans: payment of at least one-twelfth ( 1/12) down and a maximum of 11 monthly installments with the first installment due 30 days after payment of the initial installment.
[Amended 8-8-1984; 10-24-1990]
(2)
A maximum of five monthly installment payments, with the first such installment due 30 days after payment of the initial payment.
(3)
A monthly surcharge of 10% of the customer's outstanding balance added following payment of the initial payment or an installment payable at the time that each installment is due. This surcharge will be excluded from water and sewer connection fees with the stipulation that payment is made in full and the connection made within one year from the time of application.
[Amended 6-8-1988]
G.
When a payment by a residential customer is not sufficient to satisfy an installment and surcharge payable under the customer's deferred payment plan and a currently payable utility charge, the payment shall first be applied to the installment and surcharge and then to the currently payable utility charge.
H.
In the event that the Town rejects a residential customer's request for the establishment of a deferred payment plan, for reasons other than the untimeliness of the request or the ineligibility of the customer, the Town shall mail to the customer a notice of rejection stating the following:
(1)
The reason(s) that the customer's request was rejected;
(2)
The date of the notice of rejection; and
(3)
The date that complete payment of the utility charge is due at the Town, which shall be the payment date shown on the utility bill, or the date of termination shown on the notice of termination or five days after the date of the notice of rejection, whichever is latest.
I.
If payment has not been received by the date specified on the Deferred Payment Plan Application, utility service will be terminated. Complete payment of the amount which prompted the termination, plus a reconnection fee of $75, must be remitted to the Town before services can be reinstated.
[Added 6-22-1992; amended 6-26-2000]
A.
At any time before the date of termination of utility service for nonpayment of the amount(s) shown on a utility bill, a notice of rejection or a notice of termination, a customer may dispute the correctness of all or part of the amount(s) shown in accordance with the provisions of this chapter. A customer shall not be entitled to dispute the correctness of all or part of the amount if all or part of the amount was the subject of a previous dispute under this section.
B.
The procedure for customer disputes shall be as follows:
(1)
Before the date of termination, the customer shall notify the Town, in writing, that he disputes all or part of the amount shown on a utility bill, a notice of rejection or a notice of termination, stating as completely as possible the basis for the dispute.
(2)
If the Town determines that the present dispute is untimely or that the customer previously disputed the correctness of all or part of the amount shown, the Town shall mail to the customer a notice stating that the present dispute is untimely or invalid. The Town shall then proceed as if the customer had not notified the Town of the present dispute.
(3)
If the Town determines that the present dispute is not untimely or invalid under this section, the Town, within three days after the receipt of the customer's notice, shall arrange an informal meeting between the customer and the Town Manager.
(4)
Based on the Town's records, the customer's allegations and all other relevant materials available to the Manager, the Manager shall resolve the dispute, attempting to do so in a manner satisfactory to both the Town and the customer.
(5)
Within five days of completion of the meeting, the Manager shall mail to the customer a copy of his decision resolving the dispute.
(6)
If the decision is unsatisfactory to the customer, the customer within five days of his receipt of the Manager's decision, may request, in writing, a formal hearing before the Town Council.
(7)
The formal hearing before the Town Council shall be held within 10 days of the Town's receipt of the customer's written request.
(8)
At the hearing, the Town and the customer shall be entitled to present all evidence that is relevant and material to the dispute and to examine and cross-examine witnesses. A tape-recorded (or at the option of the Town, a stenographic) record of the hearing shall be maintained.
(9)
Based on the record established at hearing, the Town Council, within five days of the completion of hearing, shall issue a written decision formally resolving the dispute. This decision shall be final and binding on the Town and the customer and shall be the decision of the majority of the Council. The Mayor shall write the decision.
C.
Utilization of this dispute procedure shall not relieve a customer of his obligation to pay all other undisputed utility charges and/or installments and surcharges and the undisputed portion(s) of the amount(s) which is the subject of the present dispute, timely and completely, notwithstanding § 153-8.
D.
Failure to pay all such undisputed amounts timely and completely shall subject the customer to termination of utility service in accordance with the provisions of this chapter.
E.
Until the date of the Town Council's or Town Manager's decision, whichever is later, the Town shall not terminate the utility service of this residential customer and shall not issue a notice of termination to him solely for nonpayment of the disputed amount(s). If it is determined that the customer must pay some or all of the disputed amount(s), the Town shall promptly mail to or personally serve upon the customer a notice of termination, which shall contain the following.
(1)
The amount to be paid.
(2)
The date of the notice of termination.
(3)
The date of termination, which shall be at least 15 days after the date of the notice of termination.
(4)
Notice that, unless the Town receives complete payment of the amount shown prior to the date of termination, utility service shall be terminated.
(5)
Notice that in lieu of paying the amount shown, an eligible residential customer, prior to the date of termination, may request the establishment of a deferred payment plan.
(6)
Notice that further information is available at the Town office upon request.
A.
Except as provided in § 153-8D, the provisions of this section shall govern all terminations of utility service for nonpayment of utility charges and/or installments and surcharges.
B.
If, by the payment due date shown on a utility bill or a notice of rejection, the Town has not received complete payment of the amount shown on the bill or the notice, the Town shall mail to or personally serve upon the customer a notice of termination no more than four days after the payment due date.
[Amended 6-22-1992]
C.
The notice of termination shall contain the following:
(1)
The amount to be paid.
(2)
The date of the notice of termination.
(3)
The date of termination, which shall be at least 15 days after the date of the notice of termination.
(4)
Notice that, unless the Town receives complete payment of the amount shown prior to the date of termination, utility service shall be terminated.
(5)
Notice that further information is available at the Town office upon request.
D.
If, prior to the date of termination, the Town has not received complete payment of the amount shown on the notice of termination; the residential customer has not requested the establishment of a deferred payment plan; or the customer has not notified the Town that he disputes the correctness of all or part of the amount shown on the notice of termination, then the Town shall terminate utility service provided to the customer on the date of termination.
E.
If the Town receives payment of the entire amount shown on the notice of termination prior to the date of termination, such payment shall be considered a timely and complete payment for purposes of this chapter.
The Town shall terminate utility service for nonpayment of utility charges and/or installments and surcharges only during the hours of 9:00 a.m. to 3:00 p.m., Monday through Thursday. No termination shall be permitted on a legal holiday or on the day before a legal holiday.
[Amended 6-26-2000]
In the event of termination of utility service in accordance with the provisions of this chapter, the Town shall reinstate utility service to the customer within 24 hours of the Town's receipt of complete payment of the amount whose nonpayment prompted the termination, plus a connection fee of $75. Such payment shall not be considered a timely payment for purposes of this chapter.
[Amended 1-9-1984]
In computing any period of time prescribed by this chapter, the day of the act or event from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included, unless it is a Saturday, a Sunday or a legal holiday, in which event the period runs until the next day which is not a Saturday, a Sunday or a legal holiday. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
[Amended 1-9-1984]
A.
It shall be unlawful for any person other than an authorized Town employee to reconnect or restore a utility service that has been terminated by the Town pursuant to this chapter. The reconnection of water service after it has been terminated pursuant to this chapter, unless reinstatement has been authorized by the Town, shall be prima facie evidence of an intent to violate this section by the person to whose benefit it is that such service is restored and shall be punishable by a fine of $50. If payment is not made within 72 hours, this will be classified as a Class 1 misdemeanor and legal action will be taken. The person will, in addition to the fine, be responsible for paying all court costs.
[Amended 6-22-1992]
B.
In addition, unauthorized reconnection of a utility as defined shall result in a utility bill to be charged by the Town to the utility user in proportion to the unauthorized use plus reinstatement charges pursuant to § 153-11. In the case of landlord-tenant relationships, the following procedures will apply in regards to the billing:
[Added 12-12-1984]
(1)
The resident user (tenant) shall be primarily responsible for contacting the Town for utility services and payment of charges, including unauthorized usage charges as herein defined.
(2)
It shall be the responsibility of the landowner/landlord to notify the Town of incoming tenants. Failure to so notify the Town shall result in landowner/landlord liability as to the unauthorized utility usage charges as herein defined, plus a reconnection fee of $75. Unauthorized utility usage charges shall be defined as charges for water and/or sewer used if the meter is turned on by anyone other than authorized Town personnel. If payment is not made within 20 days, this will be classified as a Class 1 misdemeanor and legal action will be taken.
[Amended 6-22-1992; 6-26-2000]
(3)
On rental property that is unoccupied, the landowner/landlord shall be responsible for liability as to the unauthorized utility usage charges as herein defined, plus a reconnection fee of $75. If this is not paid within 20 days, this will be classified as a Class 1 misdemeanor and legal action will be taken. The landlord/landowner will, in addition to the usage charges and reconnection fee, be responsible for paying all court costs.
[Added 6-22-1992; amended 6-26-2000]
[Amended 5-11-1983; 1-8-1986; 2-12-1986; 10-28-1987; 11-24-1987; 12-9-1987]
A.
A landlord and/or tenant renting one apartment will be charged one minimum residential rate and a minimum residential rate for each apartment, plus any excess over minimum usage at the applicable rate.
[Amended 12-14-1988]
B.
A landlord and/or tenant renting two or more apartments will be charged one minimum residential rate and a minimum residential rate for each apartment, plus any excess over minimum usage at the applicable rate.
C.
Multifamily complexes and apartments will be charged one minimum residential rate and a minimum residential rate for each apartment, plus any excess over minimum usage at the applicable rate.
[Amended 12-14-1988]
D.
Motels and hotels will be charged one minimum residential rate for every four units, plus any excess over minimum usage at the applicable rate.
E.
Commercial customers with more than one business will be charged one commercial minimum rate for each business.
[Added 9-25-1995]
F.
A commercial customer renting apartments within their business building will be charged as follows:
G.
Landowners are entitled to a credit of 1/2 the minimum water and/or sewer charge, provided that the rental unit(s) is vacant for 30 consecutive days, "vacant" meaning unoccupied and unrented. There shall be a limit of one month retroactive credit from the date of notification to the Town. Landlords may claim this credit by written verification submitted to the Town office and approved by the Town Manager, "written verification" meaning completion of "credit for vacancy update" upon payment of each bill. The Town reserves the right to request landowners' records of unit rentals. This credit applies to metered and unmetered rental property. Landowners with any delinquent accounts on record with the Town of Hillsville will not qualify for the credit.
[Amended 1-11-1989; 6-22-1992; 3-13-2017]
H.
Exception. If under this section it can be demonstrated that any two or more described units share common facilities, then one minimum only shall be charged at the higher of the two rates, plus any excess over the minimum usage at the applicable rate.