Chapter 17.08
METER TAMPERING
Sections:
17.08.030 Administrative appeal.
17.08.050 Intent to deprive – Rebuttable presumption.
17.08.010 Purpose.
The purpose of this chapter is to provide more effective methods and remedies for dealing with cases of tampering with, and diverting around, utility meters and other city equipment and to thereby protect the financial resources of the city and the rate-paying public. (Ord. 966 § 23, 1990).
17.08.020 Billing procedure.
(a) Any customer, owner, or person in control of premises receiving unmeasured or unauthorized utility services is responsible for paying the full amount of said services, as reasonably determined by the utility to have been obtained either by diversion around the meter or by unmetered or unauthorized use as a result of meter tampering, alteration or replacement.
(b) Any customer, owner or person in control of premises who receives utility services for which payment, consumption or other utility records have been falsified is responsible for paying the full amount of utility services, as reasonably determined by the utility to have been obtained.
(c) Any city utility becoming aware of the fact that particular utility services have been obtained without full payment either through tampering, alteration, bypass, or falsification of records, shall bill the recipient for the full amount of said services; such amount shall reasonably be determined by said utility in good faith, after using the best known estimating methods.
(d) The recipient of utility services that have been obtained without full payment either through tampering, alteration, bypass, or falsification of records shall also be responsible and billed for the costs incurred by the city as a result of investigation, damages, repair, and bookkeeping.
(e) Notice of a supplemental bill shall be sent to the recipient of unauthorized or unmetered utility services. The supplemental bill shall be added to the next regular utility bill and shall be collected under the normal collection procedures. The notice of a supplemental billing shall consist of the following:
(1) Billing amount for unauthorized or unmetered utility services under subsection (a) of this section;
(2) Related costs pursuant to subsection (d) of this section;
(3) A $310.00 penalty fee, pursuant to FMC 17.08.040; and
(4) Notice apprising the recipient of the right to an administrative appeal pursuant to FMC 17.08.030.
(f) Deposit in the United States mail shall be deemed full and complete notice of the nature, amount, and right to appeal the supplemental billing.
(g) Liability for the supplemental billing shall be in addition to, and notwithstanding, any charge, conviction or acquittal under FMC 17.08.040.
(h) The supplemental billing shall be placed on the next forthcoming utility bill and shall be collected under the normal collection procedures as set forth in Chapter 17.04 FMC. (Ord. 1515 § 1, 2011; Ord. 966 § 24, 1990).
17.08.030 Administrative appeal.
(a) Within 13 days of deposit of the notice of supplemental billing in the United States mail pursuant to FMC 17.08.020(f), the recipient may file a written notice of appeal. The notice of appeal shall state the reasons why the recipient is contesting the supplemental billing.
(b) The administrative appeal shall be decided by the city manager, or his authorized designee, within 20 days of the date of receipt of the notice of appeal.
(c) The amount of the supplemental bill shall remain on the recipient’s utility bill but shall not be collected by the city until the final determination of the appeal.
(d) If the determination on appeal is adverse to the recipient, the city shall proceed to collect the full amount of the supplemental bill from the date the original bill should have been paid had no appeal been filed. (Ord. 1299 § 13, 2001; Ord. 966 § 25, 1990).
17.08.040 Penalty fee.
For each single instance of receipt of unauthorized or unmetered utility services, a $310.00 penalty fee shall be assessed. (Ord. 1515 § 2, 2011; Ord. 966 § 26, 1990).
17.08.050 Intent to deprive – Rebuttable presumption.
For the purposes of FMC 17.08.040, there shall be a rebuttable presumption that the recipient of unauthorized, unmetered or incorrectly metered utility services intended to deprive the utility of proper payment for its service. This presumption does not apply if the diversion of the utility’s service or the tampering, alteration, or replacement of the utility’s metering equipment is reasonably attributed to accident or accidental malfunction of the utility’s metering equipment. (Ord. 966 § 27, 1990).