Chapter 13.12
CUSTOMER SERVICE
Sections:
13.12.010 Application for service.
13.12.020 Contract for utility service.
13.12.030 Construction of extensions to city utility system.
13.12.040 Standards of construction.
13.12.050 Access to property.
13.12.060 Refusal of service.
13.12.070 Resale of service.
13.12.080 Designation of point of connection.
13.12.090 Compulsory connection to city water and sewer utility.
13.12.100 Customer accounting and payments.
13.12.110 Appeal of utility billings.
13.12.120 Vacation of property.
13.12.130 Disconnection of utility service.
13.12.140 Service interruptions.
13.12.150 Prohibited acts.
13.12.010 Application for service.
A. To receive utility service from the city, property owners must file a completed application form for utility service with the city clerk’s office. The application must be signed by the property owner whose property is to receive the utility service.
B. Applicants for utility service shall be required to pay any previous indebtedness to the city, if any exists, including penalties, and the property to be served by the city’s utilities must be free of all utility liens prior to being eligible for service. All special assessment payments or payments in lieu of assessment due or delinquent against the property to which the improvement is to be connected must be paid to the city prior to the connection of utility service.
C. Connection fees and established rates for utility service are as outlined in Chapter 13.24.
D. The completed application will be reviewed by the mayor’s designee and utility superintendent. The North Pole Utility may require the applicant’s property to be inspected by a representative of North Pole Utility to ensure that the fixtures or equipment to be provided utility service are in good repair and in proper service and will not jeopardize the operation of North Pole Utility.
E. In the case where an applicant is requesting service for commercial, industrial, governmental or residential property which is to be subdivided, the review may require submission of further information which will be requested in writing from the mayor’s office.
F. A new application must be made should a parcel of property for which utility service is requested change ownership. (Ord. 82-8 §2.A, 1982)
13.12.020 Contract for utility service.
A. An approved application for utility service will constitute a contract between the property owner and the city whereby the city agrees to provide water and sewer utility service to the property under the rules, regulations and methods established for the operation of the water and sewer utilities.
B. All contracts shall take effect from the day they are signed and rates will be charged and bills rendered for water service from the date or dates the premises are connected with the North Pole Utility.
C. All contracts shall continue in effect thirty days after written notice of discontinuance is filed in the office of the city clerk and until all charges and penalties imposed have been paid in full. (Ord. 82 8 §2.B, 1982)
13.12.030 Construction of extensions to city utility system.
A. Any water distribution or sewage collection systems which are to become part of the city’s utility system will be installed, financed and connected by the creation of special assessment districts or by contract between the city and the property owner whose property is to be served by the utility. All proposed additions to either the city water distribution system or sewage collection system shall be constructed in accordance with the design and construction standards for the city water and sewer utility system and shall be inspected and approved by the city before operation.
B. No property owner or his agent shall commence construction of an extension of the city water or sewer system other than individual service laterals without first obtaining a permit issued by the city council and from the state Department of Environmental Conservation. After such plans and specifications have been approved, no substantial changes therein shall be made without first submitting a detailed statement of such proposed changes to the city council for review and approval. (Ord. 00-16 §2(part), 2000); (Ord. 08-25 §2(part), 2008)
C. The property owner whose property is to be served by proposed utility extensions other than individual service laterals shall provide the mayor’s designee with construction plans and specifications for the installation of the utility extension. These plans and specifications shall be certified by a registered engineer and accompanied by an engineering report summarizing assumptions and design criteria. Property owners requesting individual service laterals shall submit a site plan showing location and proposed materials for approval by the utility supervisor. (Ord. 00-16 §2(part), 2000)
D. The mayor’s designee, in reviewing applications, plans and specifications, or engineering reports, shall consider the adequacy of the project to meet present and future needs of the area served. The functional and sanitary features of the design of the project, the economics of the project as compared to possible alternatives, the availability of existing sewer facilities, and the suitability of the project with respect to present or future uses of the affected area.
E. The property owner shall provide the mayor’s designee with a construction schedule so that the work may be inspected by the city. The city reserves the right to refuse utility service to the property owner if the proposed extensions are not constructed according to the city’s utility construction standards. As built drawings of the utilities shall be submitted to the city as a condition of service.
F. Prior to acceptance of the utility system extension by the city, the property owner shall grant and record utility easements as required by the city for access to and maintenance of the utility system.
G. Construction of a project for which plans and specifications have been approved must be completed and accepted within two years following approval or such approval will be void. Extensions will be granted when delays in construction are beyond the control of the property owner. A bond may be required for the uncompleted portion of the work. (Ord. 82 8 §2.C, 1982)
13.12.040 Permitting utility system contruction and standards of construction.
A. Permitting utility system construction. The Utility Administrative Code details the processes and requirements that shall be followed by a developer to obtain the permits required prior to constructing a utility system extension.
B. Standards of construction. The methods and materials used to construct utility service facilities connected to the city’s water and sewer utility systems shall conform to the adopted utility construction standards of the city, the standards established by the state Department of Environmental Conservation, and the Uniform Plumbing Code as modified by the city’s utility construction standards. (Ord. 82 8 §2.D, 1982); (Ord. 08-25 §2 (part), 2008)
13.12.050 Access to property.
Owners of property served by the city water and sewer utilities must maintain and allow year round access to the service connection for inspection, maintenance and repair. (Ord. 82 8 §2.E, 1982)
13.12.060 Refusal of service.
The city reserves the right to refuse to render service to any customer when such service will interfere with the city’s service to its other customers, or which will cause abnormal demands upon the city’s facilities, or which if served will result in financial loss to the city, or which would be discriminatory as to one class of customer, or where the applicant has not complied with the regulations of the city concerning the rendering of utility service. Suitable protective devices may be required whenever or wherever the system finds such devices necessary to protect the customer’s property, the property of other customers or the property of the system. (Ord. 82 8 §2.G, 1982)
13.12.070 Resale of service.
No purchaser of city water or sewer utility service shall connect the utility service with the corresponding service of any other person or in any way resell or supply, rebill or supply any other person or premises with water or sewer service through his services unless covered by the terms of a written contract with the city. (Ord. 82 8 §2.H, 1982)
13.12.080 Designation of point of connection.
The city utility supervisor, or his designated representative, shall determine the point at which new utility services are to be connected to the city’s existing utility system. (Ord. 82 8 §2.I, 1982)
13.12.090 Compulsory connection to city water and sewer utility.
Connection to the city water and sewer utility system shall be mandatory within a voter approved special assessment district or whenever the property has direct access to the municipal water and/or sewer faciliteis and the structure on the property is within two hundred (200) feet of the municipal water and/or sewer facility. The owner of a property shall have installed or cause to be installed, at his expense, a connection to the public water or sewer within no less than two years from the date such service is declared to be available, or any other timetable as prescribed by city council or city code. Prior to the sale of a property served by the city water or sewer service system, hook up to the service is required. The connection shall be of a type and installed in a manner consistent with the North Pole municipal code and standards of construction. Monthly utility fees as established by city code shall begin at time of such connection. Failure to connect to available water and/or sewer service within the two-year time period, shall be cause for the property owner to be billed and required to pay the applicable monthly water and/or sewer flat rate fee on an ongoing month by month basis. (Ord. 04-08 §2 (part), 2004), (Ord. 01-03 §2(part), 2003), (Ord. 82 8 §2.J, 1982)
13.12.100 Customer accounting and payments.
A. It is the duty of the city clerk or his designated representative to keep accounts of all property owners whose property is served by the city water and sewer utility, and to enter on such accounts all charges and penalties, and to fix meter reading dates and billing dates as necessary to efficiently execute the accounting requirements of the North Pole Utility.
B. Meters will be read on the same date each month whenever practical. The utility reserves the right to read meters every other month and to bill the customer for consumption on an estimated basis for the intervening month. Where the meter readers are unable to gain access to the customer’s premises to read the meters, the utility may estimate the consumption until the meter readers are able to gain access.
C. Any discrepancies in utility bills must be reported in writing within thirty (30) days after the billing date, otherwise the account will be considered correct.
D. Deposits
1. New account deposits: All property owners receiving service from the North Pole Utility or having the service available shall be obligated to pay for such service in accordance with the appropriate rate schedule as outlined in Section 13.24.010, and shall pay a deposit as outlined below.
|
Meter size |
Water deposit |
Sewer deposit |
|
3/4 inch |
$75 |
$75 |
|
1 inches |
$100 |
$100 |
|
1 1/2 inches |
$150 |
$150 |
|
2 inches |
$200 |
$200 |
|
3 inches |
$225 |
$225 |
|
4 inches |
$250 |
$250 |
|
5 inches |
$275 |
$275 |
|
6 inches or larger |
$300 |
$300 |
2. Return of deposit. When the customer terminates their account, they may request that the account balance at the time of account termination be charged to the deposit and any balance due the customer will be refunded from the liability account, and processed as such. Where an owner/occupant vacates the property without clearing their account of debt within 30 days from the termination of the account, the City of North Pole Utilities shall deduct the balance owed to the City from the deposit plus a $10 (ten dollar) processing fee and return the balance to the former account holder.
3. Property owner-tenant responsibilities: In the case of a property owner-tenant relationship, the property owner shall be held liable for all billings. Should ownership of the property change, the new owner shall assume all obligations of utility service including the liability for all billings. The property owner, upon request to the city, shall be provided a copy of the tenant’s billing history.
4. Should legal ownership of the property serviced by the utility change, the new owner shall immediately contact the City to establish an account and, regardless of whether a new account is established, shall be fully responsible for all obligations arising from utility service to the property, including the liability for all past unpaid or ongoing utility billings.
E. All charges owed by any person for sewer or water service rendered by the North Pole Utility may be billed as a unit. However, charges for water and sewer may be paid separately. For new connections, service shall be charged in proportion to the monthly charge from the date when the connection from the customer’s property is made to the lines of the North Pole Utility.
F. Repealed.
G. Failure to make payment by the date specified on monthly statements will cause the account to become past due. A late charge of up to the maximum interest rate allowed by law will be added to the past due amount and will appear on the following bill. Failure to receive mail will not be recognized as a valid excuse for late payments. Accounts may be assigned to a collection agency.
H. Delinquent accounts.
1. Notice of delinquent account. In addition to the current monthly utility statement, a reminder of account delinquency and penalty shall be sent to each past due customer.
2. Accounts sixty days past. When an account becomes sixty days past due the account holder shall be notified of the delinquency by certified mail. At sixty days past due, the delinquent account shall be assessed a liquidated damages fee calculated as equal to fifty percent of the deposit amount. The liquidated damages fee shall be due and payable in full by the date on the following statement. In the event the City is aware the utility service is an owner-tenant relationship, the City will make a good faith effort to send the owner a copy of the notice sent to the account holder. The City is under no obligation to notify the property owner of tenant delinquencies.
3. Accounts ninety days past due. When an account becomes ninety days past due, the City shall mail a notice of lien via certified mail to the property owner. If payments in full, including any interest and liquidated damages payments, or payment arrangements are not made within fifteen days of mailing of the notice, the City shall place a lien on the property served for all charges incurred. This lien shall be superior to any and all other liens to the maximum extent allowed under State law.
4. Service disconnection. As detailed in Section 13.12.130, Disconnection of utility service, the North Pole Utility may disconnect utility service on the date an account becomes delinquent.
I. The City Council shall receive a listing of all accounts that are sixty days or more delinquent at the second regularly scheduled Council meeting of each month.
J. Special payment agreements.
1. Negotiated payment for utility charges shall be called special payment agreements. All special payment agreements shall be in a form agreeable to the City Council and City Attorney and shall contain the terms substantially as follows:
a. Time period shall not exceed six months without City Council approval.
b. Bills issued during the term of the special payment agreement must be paid on a current basis or all utility service will be discontinued without further notice.
2. A listing of special payment contracts in effect and their payment status shall be furnished to the City Council once each calendar quarter. (Ord. 10-03 §2, 2010; Ord. 08-25 §2(part), 2008; Ord. 08-07 §2 (part),2008; Ord. 01-03 §2(part), 2003; Ord. 00-16 §2(part), 2000; Ord. 00-11 §2, 2000; Ord. 99-24 §2, 1999; Ord. 82 8 §2.K, 1982)
13.12.110 Appeal of utility billings.
A. Any city utility customer who believes his utility billing is unjust and inequitable as applied to his property within the intent of the city utility rules and regulations may make written application to the city council requesting a review of his utility billing. The application shall include the facts and data upon which the appeal is based.
B. While awaiting council review of his appeal, the customer shall pay the amount of the disputed bill to the city within thirty days from the mailing date to avoid becoming delinquent. Subsequent bills shall be paid in full within the prescribed time limit.
C. Payment of disputed bills as required by this section shall not be deemed to prejudice an otherwise valid contest.
D. Review of the request shall be made by the city council who shall determine if it is substantiated or not, including recommending further study of the matter by a designated representative.
E. If the request is determined to be substantiated, the charges for the customer shall be recomputed based on the council approved terms, and the new charges thus recomputed shall be applicable retroactively up to one year. (Ord. 00-16 §2(part), 2000); (Ord. 82 8 §2.L, 1982)
13.12.120 Vacation of property.
Each customer about to vacate any premises receiving water and/or sewer services from the North Pole Utility shall give the North Pole Utility written notice of his intentions at least ten days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all North Pole Utility water and/or sewer charges until the North Pole Utility receives notice of such removal. At the time specified by the customer that he expects to vacate the premises where service is supplied, a closing bill will be rendered which is payable immediately. (Ord. 82 8 §2.N, 1982)
13.12.130 Disconnection of utility service.
A. North Pole Utility service may be disconnected if any charge has not been paid in full on the date it becomes delinquent. A notice of disconnect shall be served by an officer of the City of North Pole at a minimum of 72 hours in advance of the disconnection. To halt the disconnection the customer shall pay all outstanding utility charges, including all interest and liquidated damages payments, in advance of the action to disconnection. In situations involving disconnection, The City shall only accept payment in cash or certified check. If it is necessary to issue a disconnect order for nonpayment of any North Pole Utility service a $100 (one hundred dollar) processing charge shall be added to the customer’s bill. In case service is disconnected for any violation of the provisions of this chapter, or under this section, such service shall not be furnished or resumed to the delinquent customer at the premises or any other premises where the delinquent customer applies for service until all arrears have been paid in full and a reconnect fee has been paid. (Ord. 08-25 §2 (part), 2008)
B. Whenever it is necessary for the North Pole Utility to discontinue the utility service to enforce the collection of a delinquency, a $250 (two hundred fifty dollar) reconnect fee will be charged in addition to the delinquent amount and both amounts must be paid before the utility service will be restored. The North Pole Utility will not be responsible for any damages or freezing occurring as a result of discontinuance of service for unpaid billings. In addition, the customer shall pay all associated costs, including but not limited to excavation, repaving, compacting, etc. Monthly billings for water and sewer charges shall be continued on the delinquent account. The property owner shall be responsible for all charges and attorney’s fees thus incurred. (Ord. 82-8 §2.O, 1982; Ord. 08-25 §2 (part), 2008)
13.12.140 Service interruptions.
The North Pole Utility reserves the right to temporarily suspend services when necessary for the purpose of new installations, repairs, testing, modification, expansion, correction or replacement of the system. The utility will attempt to notify affected utility users of impending service interruptions where possible and where not precluded by emergency conditions. The utility will exercise reasonable diligence in avoiding inconvenience which may arise out of necessary service interruptions. North Pole Utility shall not be liable to the customer for breach of contract or any loss or damage which may be caused by failure of the utility to deliver service. (Ord. 82-8 §2.P, 1982)
13.12.150 Prohibited acts.
A. No person without first obtaining a permit from the City of North Pole shall be allowed to make a connection to any facility of the North Pole Utility or to make alterations in any conduit, pipe or other fitting connecting directly therewith, or to connect pipes where they have been disconnected, or to turn water service on or off to any premises. No person other than an authorized employee of the North Pole Utility may turn on or turn off any water main of the North Pole Utility system.
B. A violation for the purposes of this section shall be any individual unpermitted act listed below:
1. Connecting to a water main;
2. Connecting to a sewer main;
3. Making alterations in any conduit, pipe or other fitting connecting directly to a water main, sewer main, service connection or other utility facility;
4. Connecting pipes where they have been disconnected;
5. Turning water service on to a premises;
6. Turning water service off to a premises;
7. Turning on a water main;
8. Turning off a water main.
C. Violations of the provisions of this section shall constitute a misdemeanor. The person or entity responsible violating this section of the Municipal Code shall be subject to a fine of up to $1,500 (one thousand five hundred dollars) and ninety days in jail for each violation plus be liable for any damages to City and private property; any City related expenses to correct a violation; and for the estimated value of any discharged water or wastewater. (Ord. 09-06 § 2, 2009)