No applicant for the services of a public or private utility company furnishing water, natural gas, or electricity at retail in this city shall be denied service because of unpaid bills for similar service which are not collectible at law because of statutes of limitations or discharge in bankruptcy proceedings.
(Neb. RS 70-1601)
(A) Charges for water and sewer service shall be due and payable monthly at the office of the Municipal Treasurer. The City Utility Superintendent shall read or cause to be read all water and electric meters by the (15th) fifteenth of each month (unless the 15th falls on a weekend or holiday, then the first business day thereafter). The billing statements shall be mailed or otherwise transmitted to customers on the 1st of each month and shall be payable by the 15th of each month (unless the 15th falls on a weekend or holiday, then the first business day thereafter). Charges not paid on or before the due date specified herein, shall be deemed to be delinquent. Upon being deemed to be delinquent, as defined herein, the City may discontinue water service on the last day of each month pursuant to §50.03. Once discontinued, service shall not be recommenced except upon payment in full of all delinquent charges and upon further payment of a reconnection fee in the amount of $50.00 for water services. There shall also be a separate fee of $50.00 if reconnection is requested after 2:00 p.m. during a normal business day or at any time on weekends or holidays. The City may also take any action authorized by law to effect collection of the delinquent charges.
(B) A penalty $25.00 is imposed if the bill is not paid by the close of business on the due date as specified in (A) above.
(Neb. RS 17-542, 70-1605; 1999 Code, § 3-401; Ord. 933; Ord. 950)
(A) The municipality shall have the right to discontinue water service and remove its property if the charges for such service are not paid within seven days after the date that the charges become delinquent. Before any termination, the municipality shall first give notice by first-class mail or in person to any domestic subscriber whose service is proposed to be terminated. If notice is given by first-class mail, such mail shall be conspicuously marked as to its importance. Service shall not be discontinued for at least seven days, weekends and holidays excluded, after notice is sent or given. As to any subscriber who has previously been identified as a welfare recipient to the municipality by the Department of Health and Human Services, such notice shall be by certified mail and notice of such proposed termination shall be given to the Department of Health and Human Services.
(B) The notice shall contain the following information:
(1) The reason for the proposed disconnection;
(2) A statement of the intention to disconnect unless the domestic subscriber either pays the bill or reaches an agreement with the municipality regarding payment of the bill;
(3) The date upon which service will be disconnected if the domestic subscriber does not take appropriate action;
(4) The name, address, and telephone number of the employee or department to whom the domestic subscriber may address an inquiry or complaint;
(5) The domestic subscriber’s right, prior to the disconnection date, to request a conference regarding any dispute over such proposed disconnection;
(6) A statement that the municipality may not disconnect service pending the conclusion of the conference;
(7) A statement to the effect that disconnection may be postponed or prevented upon presentation of a duly licensed physician’s certificate which shall certify that the domestic subscriber or a resident within such subscriber’s household has an existing illness or handicap which would cause such subscriber or resident to suffer an immediate and serious health hazard by the disconnection of the municipality’s water service to that household. Such certificate shall be filed with the municipality within five days of receiving notice under this section and will prevent the disconnection of the municipality’s service for a period of 30 days from such filing. Only one postponement of disconnection shall be allowed under this provision (B)(7) for each incidence of nonpayment of any past-due account;
(8) The cost that will be borne by the domestic subscriber for restoration of service;
(9) A statement that the domestic subscriber may arrange with the municipality for an installment payment plan;
(10) A statement to the effect that those domestic subscribers who are welfare recipients may qualify for assistance in payment of their utility bill and that they should contact their caseworker in that regard; and
(11) Any additional information not inconsistent with this section which has received prior approval from the governing body.
(C) A domestic subscriber may dispute the proposed discontinuance of service by notifying the municipality with a written statement that sets forth the reasons for the dispute and the relief requested. If a statement has been made by the subscriber, a conference shall be held before the municipality may discontinue services.
(D) The procedures adopted by the governing body for resolving utility bills, three copies of which are on file in the office of the Municipal Clerk, are hereby incorporated by reference in addition to any amendments thereto and are made a part of this section as though set out in full.
(E) This section shall not apply to any disconnections or interruptions of services made necessary by the municipality for reasons of repair or maintenance or to protect the health or safety of the domestic subscriber or of the general public.
(Neb. RS 70-1602 et seq.; 1999 Code, § 3-402; Ord. 950)
(A) It is an offense for any person to do any of the following:
(1) To connect any instrument, device, or contrivance with any wire supplying or intended to supply electricity or electric current or to connect any pipe or conduit supplying gas or water, without the knowledge and consent of any city utility supplying such products or services, in such a manner that any portion thereof may be supplied to any instrument by or at which electricity, electric current, gas, or water may be consumed without passing through the meter made or provided for measuring or registering the amount or quantity thereof passing through it;
(2) To knowingly use or knowingly permit the use of electricity, electric current, gas, or water obtained unlawfully pursuant to this section;
(3) To reconnect electrical, gas, or water service without the knowledge and consent of any city utility supplying such service if the service has been disconnected pursuant to Neb. RS 70-1601 through 70-1615 or § 50.02 of this code; or
(4) To willfully injure, alter, or by any instrument, device, or contrivance in any manner interfere with or obstruct the action or operation of any meter made or provided for measuring or registering the amount or quantity of electricity, electric current, gas, or water passing through it, without the knowledge and consent of any city utility supplying the electricity, electric current, gas, or water passing or intended to pass through the meter.
(B) Proof of the existence of any wire, pipe, or conduit connection or reconnection or of any injury, alteration, interference, or obstruction of a meter is prima facie evidence of the guilt of the person in possession of the premises where that connection, reconnection, injury, alteration, interference, or obstruction is proved to exist.
(Neb. RS 28-515.02)
(A) For purposes of this section, the definitions found in Neb. RS 25-21,275 shall apply.
(B) (1) The city utility may bring a civil action for damages against any person who commits, authorizes, solicits, aids, abets, or attempts bypassing, tampering, or unauthorized metering, when that act results in damages to the utility. A city utility may bring a civil action for damages pursuant to this section against any person receiving the benefit of utility service through means of bypassing, tampering, or unauthorized metering.
(2) In any civil action brought pursuant to this section, the city utility shall be entitled, upon proof of willful or intentional bypassing, tampering, or unauthorized metering, to recover as damages:
(a) The amount of actual damage or loss if the amount of the damage or loss is susceptible of reasonable calculation; or
(b) Liquidated damages of $750 if the amount of actual damage or loss is not susceptible of reasonable calculation.
(3) In addition to damage or loss under division (B)(2)(a) or (B)(2)(b), the utility may recover all reasonable expenses and costs incurred on account of the bypassing, tampering, or unauthorized metering including, but not limited to, disconnection, reconnection, service calls, equipment, costs of the suit, and reasonable attorneys’ fees in cases within the scope of Neb. RS 25-1801.
(Neb. RS 25-21,276)
(C) (1) There shall be a rebuttable presumption that a tenant or occupant at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of that bypassing, tampering, or unauthorized metering if the tenant or occupant:
(a) Had access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering is proven to exist; and
(b) Was responsible or partially responsible for payment, either directly or indirectly, to the utility or to any other person for utility services to the premises.
(2) There shall be a rebuttable presumption that a customer at any premises where bypassing, tampering, or unauthorized metering is proven to exist caused or had knowledge of that bypassing, tampering, or unauthorized metering if the customer controlled access to the part of the utility supply system on the premises where the bypassing, tampering, or unauthorized metering was proven to exist.
(D) The remedies provided by this section shall be deemed to be supplemental and additional to powers conferred by existing laws. The remedies provided in this section are in addition to and not in limitation of any other civil or criminal statutory or common-law remedies.
(Neb. RS 25-21,277 et seq.)
(A) Any person who connects any instrument, device or contrivance with any wire supplying or intended to supply electricity or electric current or connects any pipe or conduit supplying water, without the knowledge and consent of the municipality, in such manner that any portion thereof may be supplied to any instrument by or at which electricity, electric current or water may be consumed without passing through the meter provided for measuring or registering the amount or quantity passing through it, and any person who knowingly uses or knowingly permits the use of electricity, electric current or water obtained in the above mentioned unauthorized ways, shall be deemed guilty of an offense.
(B) Any person who willfully injures, alters or by any instrument, device or contrivance in any manner interferes with or obstructs the action or operation of any meter made or provided for measuring or registering the amount or quantity of electricity or water passing through it, without the knowledge and consent of the municipality shall be deemed guilty of an offense.
(C) When electrical or water service has been disconnected pursuant to Neb. RS 70-1601 to 70-1615, or § 50.03, any person who reconnects such service without the knowledge and consent of the municipality shall be deemed guilty of an offense.
(D) Proof of the existence of any wire, pipe or conduit connection or re-connection or of any injury, alteration or obstruction of a meter, as provided in this section, shall be taken as prima facie evidence of the guilt of the person in possession of the premises where such connection, re-connection, injury, alteration or obstruction is proved to exist.
(Neb. RS 86-329 through 86-331; 1999 Code, § 3-404)
(A) In addition to all other remedies, if a customer shall for any reason remain indebted to the municipality for utilities service furnished, such amount due, together with any rents and charges in arrears shall be considered a delinquent utility rent which is hereby declared to be a lien upon the real estate for which the same was furnished.
(B) The Municipal Clerk shall notify, in writing, or cause to be notified in writing, all owners of premises or their agents whenever their tenants or lessees are 60 days or more delinquent in the payment of the utilities rent.
(C) It shall be the duty of the Municipal Clerk to report to the governing body a list of all unpaid accounts due for utilities service together with a description of the premises served.
(D) The report shall be examined, and if approved by the governing body, shall be certified by the Municipal Clerk to the County Clerk to be collected as a special tax in the manner provided by law.
(Neb. RS 17-538, 17-925.01, 18-503; 1999 Code, § 3-405)
(A) All occupied residential structures located within the municipality shall be hooked up to the municipal water system, the municipal sewer system, and the municipal electrical system (hereinafter “municipal services”).
(B) In the event that an occupied residential structure, located within the municipality, is not properly hooked up to each of said municipal services, all of such services shall be subject to disconnection in accordance with the procedure identified in § 50.03.
(Ord. 822)
(A) Meter Deposits. Every person or persons desiring utility services must make application therefore to the City Clerk, who shall require the applicant to make a service deposit and tap fee for water and sewer service in such amounts as set by resolution of the City Council and placed on file at the office of the City Clerk. No new application for utility services will be accepted for any applicant who, at the time of making the application has unpaid utility charges due and owing to the City. No additional deposit will be required for a consumer who is relocating and has maintained a utility account with the City which ahs not been delinquent during the twelve (12) months preceding the application.
(B) Application by Tenant. Before a tenant’s utility application will be accepted, the landlord shall be required to sign an owner’s consent form and agree to pay all unpaid utility charges for his or her property, not to exceed $100.00 for any individual property. Any landlord signing the required consent form shall be notified of any delinquent notices in the same manner as the customer..
(C) Refund of deposits. The meter deposits referred to above shall be returned to the customer depositing the same after the passage of twelve (12) months without any late payment on the account. The occurrence of one late payment will cause the twelve month period to start completely over. The refund of deposits is only available to a customer who is the owner of the commercial or residential property for which the deposit is made. A tenant or lessee of commercial or residential property is not eligible for any refund of deposits under any circumstances.
(D) Termination of Service by Consumer. A customer relocating and desiring to have a final reading of his or her meter shall make the request for such final reading at least three (3) business days in advance thereof or be subject to a service charge of $50.00 for such service.
(Ord. 799; Ord. 837; Ord. 932)
(A) All water rates, taxes, or rent assessed by the City Council shall be a lien upon the premises or real estate, upon or for which the same is used or supplied; and such taxes, rents, or rates shall be paid and collected and such lien enforced in such manner as the Council shall by ordinance direct and provide.
(B) All sewer charges established by the City Council shall be a lien upon the premises or real estate for which the same is used or supplied. Such lien shall be enforced in such manner as the Council provides by ordinance.
(C) If the service charge established by the City Council for the use of any city sewage disposal plant and sewerage system is not paid when due, such sum may be recovered by the city in a civil action or it may be certified to the County Assessor and assessed against the premises served and collected or returned in the same manner as other city taxes are certified, assessed, collected, and returned.
(D) Unless the City Council otherwise provides, on June 1 of each year, the City Clerk shall report to the Council a list of all unpaid accounts due for utilities service together with a description of the premises served. If the Council approves the report, the Clerk shall certify the report to the County Clerk to be collected as a special tax in the manner provided by law.
(Neb. RS 17-538; Neb. RS 18-503; Neb. RS 17-925.01)
(A) Any person, or any person’s agent or servant, who violates any of the provisions of this chapter, unless otherwise specifically provided herein, shall be deemed guilty of an offense and upon conviction thereof shall be fined in any sum not exceeding $500. A new violation shall be deemed to have been committed every 24 hours of failure to comply with the provisions of this chapter.
(B) (1) Whenever a nuisance exists as defined in this chapter, the municipality may proceed by a suit in equity to enjoin, abate and remove the same in the manner provided by law.
(2) Whenever, in any action, it is established that a nuisance exists, the court may, together with the fine or penalty imposed, enter an order of abatement as a part of the judgment in the case.
(Neb. RS 17-505, 18-1720, 18-1722; 1999 Code, § 3-1001; Ord. 744)