§ 20-171. City discontinues service.

(a)

City, in addition to all other legal remedies, shall discontinue services to customer or developer without liability for any of the following reasons:

(1)

Nonpayment by customer of delinquent service bills or failure to comply with terms of an extension or for payment of service calls and repairs.

(2)

Failure of customer to make application for service or falsifying information thereto.

(3)

Failure of customer, on request, to provide city with a required deposit or other security.

(4)

Failure of customer to make application for service in the true name of customer for the purpose of avoiding payment of an unpaid bill for utility services.

(5)

Refusal by customer to provide city reasonable access to its equipment on customer's premises.

(6)

Failure by customer to conform to the provisions of this article, the rate under which customer is receiving service or agreement for service.

(7)

Violation or noncompliance with any applicable federal, state, municipal or other local laws, rules or regulations.

(8)

Use by customer or utility services in such manner as to jeopardize utility services to customer or others.

(9)

Unauthorized use of service by customer.

(10)

Tampering with city meters or other property.

(11)

Failure by customer to pay an estimated bill rendered by city when meter is not read due to circumstances beyond control of city.

(12)

Failure by customer to pay a bill resulting from an underbilling due to failure to property bill customer or misapplication of rate schedules less than three (3) months prior to the current bill.

(13)

Failure by customer to pay an estimated bill resulting from an inaccurate or stopped meter or from a meter having an incorrect register, connection, multiplier or constant.

(14)

Failure by customer to pay a bill or obtain extension prior to disconnection days.

(15)

Failure by customer to comply with extension.

(16)

When a hazardous or unsanitary condition exists in customer's installation.

(17)

Where service is connected or reconnected without authority of city.

(18)

Not obtaining all services that can be provided: water, sewer and trash.

(19)

Theft of service.

(20)

Failure of developer to conform to this article, subdivision ordinance, agreements with city and/or nonconformity with city utility specifications.

(21)

Failure to comply with the terms of this article.

(b)

When city discontinues utility services to customer for failure in the performance of customer under the provisions of this article, the rate schedule or fee schedule which customer is receiving service, or the agreement for service, customer shall correct to the satisfaction of city all defaults which caused service to be discontinued before city restores utility service.

(c)

When city discontinues services to customer, customer's obligation specified in this article, the rate schedule which customer was receiving service or the agreement for service shall not be lessened or changed nor shall the amount of money due and payable to city affected in any manner.

(d)

Failure of city to discontinue service at any time, resorting to any legal remedy or its exercise of any one or more of such remedies after default or breach of this article, the rate schedule under which customer is receiving service, or the agreement for service, shall in no way, reflect approval, acceptance or permissiveness by city.

(Ord. No. 2010-01, § 21, 1-11-2010)