[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.]
[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.
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]
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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.
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Signed
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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.
