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HomeMy WebLinkAbout95769 ORDINANCE NO. 957 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF UKIAH ADDING A NEW CHAPTER 7 TO DIVISION 4 OF THE UKIAH CITY CODE, ENTITLED: ELECTRIC UTILITY AND A NEW ARTICLES 1 THROUGH 5 TO CHAPTER 7 ENTITLED: ELECTRIC UTILITY CUSTOMER SERVICE POLICIES The City Council of the City of Ukiah does hereby ordain as follows: SECTION ONE. ADDITION OF ARTICLES 1 THROUGH 5. CHAPTER 7 TO DIVISION 4 as follows: Articles 1 tlu'ough 5, Chapter 7, are hereby added to Division 4 of the Ukiah City Code to read CHAPTER 7 ELECTRIC UTILITY CUSTOMER SERVICE POLICIES ARTICLE 1: APPLICATIONS § 4000 APPLICATION FOR SERVICE: Each applicant for electric service shall be required to sign an application provided by the City, which will set forth the following: A. Identity of Applicant and all adult occupants B. Date of application C. Location of premises to be served D. Date applicant will be ready for service E. Whether the City has provided electricity to the premises in the past F. Purpose for which service is to be used G. Address to which bills are to be mailed H. Whether applicant is owner, tenant, or agent of the premises I. Rate schedule desired where optional rates are in effect J. Baseline eligibility information K. Such other information or agreements as the City may reasonably require Industrial or commercial contracts may be m'itten on a special form and shall contain such provisions necessary and desirable to protect the interest of both the City and the customer. § 4001 APPLICATION NOT BINDING FOR LONGER THAN RATE PERIOD: Applicants for utility service may terminate service at any time upon reasonable notice to the City, but shall pay for service at rates established from time to time by City Council resolution and comply with the provisions of this Chapter 7 and all other applicable rules and policies established by the City Council. An application may be denied, if the applicant or any lawful occupant of the premises has unpaid bills owing for utility services furnished at the same or other locations. § 4002 INDIVIDUAL LIABILITY FOR JOINT SERVICE: Two (2) or more parties who join in one application for service shall be jointly and severally liable for payment of bills and shall be billed by means of single periodic bills. 70 h~ every case the person signing the application shall be personally responsible for all charges incurred. Where the person signing indicates in the application that he/she is doing so as agent of other customers, acceptance of service by the named principal (customer) shall conclusively establish such agency and shall render such principal (customer) jointly and severally responsible with the person signing for all charges incurred. In the absence of a signed agreement or application for service, the delivery of service by the City, and its acceptance by the customer shall be deemed to constitute an agreement, and acceptance of the Customer Service Policies. If applicant(s) fails to pay for service in accordance with these policies, all adults with a lawful right to occupy the premises and who benefit from electric service provided to the premises shall be jointly and severally liable for the cost of service. § 4003 CHANGE OF OCCUPANCY: When a change of occupancy or of legal responsibility takes place on any premises being served by the City, notice of such change shall be given to the City within a reasonable time prior to such change. The outgoing customer will be held responsible for pa)~nent for all services supplied tmtii such notice has been received and the meter is read for the final billing by the City. § 4004 STANDARD MEDICAL BASELINE QUANTITY: An additional baseline allowance is applicable to a residential customer, who is a full-time resident of the household and who would qualify for a "Declaration of Eligibility for Standard Medical Baseline Quantity". The "Standard Medical Baseline Quantity" will be established by resolution that shall be adopted from time to time by the City Council. This baseline docs not guarantee continuance of service if the account becomes delinquent. ARTICLE 2: SERVICE § 4010 JOINT USE OF ELECTRIC SERVICE: from a single meter except: Not more than one dwelling shall be served In mobilehome parks, the City will render electrical service in accordance with the Mobilehome Parks Act (Division 13, Part 2.1 (conm~encing with Section 18200) of the California Health and Safety Code). § 4011 ROOMING AND BOARDING HOUSES: Rooming and boarding houses, licensed as a place or business, shall be served at the commercial rate. If not more than tlu'ee rooms are available for rent, it shall be recognized as a residence and the residential rate shall apply. A boarding house is defined in Chapter 2, Article 1, Ukiah City Code. §4012 DISCONTINUANCE FOR NON-PAYMENT OF BILLS FROM PREVIOUS LOCATION: A customer/occupant receiving electric service at a location with an unpaid bill for electric service furnished at a previous location served by the City, will be discontinued for non-payment of a bill for that prior service in accordance with Section 4036 § 4013 REFUSAL OR DISCONTINUANCE OF SERVICE FOR UNSAFE APPARATUS OR FOR PROHIBITION OF LAW: The City shall have the right to refuse or cease delivery of electricity to a customer if any part of the customer's service appliances or apparatus shall at any time be tmsafe, or if the utilization of electricity by means thereof shall be prohibited or forbidden under the authority of any law or municipal ordinance or regulation (until such law, ordinance, or regulation shall be declared invalid by a Court of a competent jurisdiction), and may refuse to serve until the customer has put such part in good and 71 safe condition and complied with ali the laws, ordinances, and regulations applicable thereto. § 4014 REFUSAL OR DISCONTINUANCE OF SERVICE DETRIMENTAL TO OTHER CUSTOMERS: The City shall refuse to furnish electric service or may discontinue electric service to any premises where the use of that service thereon may be or is detrimental or injurious to the electric service furnished to other customers. § 4015 REFUSAL OR DISCONTINUANCE FOR FRAUD AND ABUSE: The City shall have the right to refuse or discontinue electric service to any premises if necessary to protect itself against fraud or abuse. § 4016 REFUSAL OR DISCONTINUANCE FOR NON-COMPLIANCE WITH RULES: The City shall discontinue electric service to a customer for noncompliance with any of these rules if the customer fails to comply witlfin five (5) days after receiving written notice of intention to discontinue service. The five (5) day notice requirement does not apply when a violation of this Article or other applicable rules and regulations poses an intoned§ate risk ofharn~ to persons or property, or a different notice requirement is imposed by State law or other rules, regulations or policies adopted by the City Council. The City shall refuse or discontinue service for violation of any provision of this Chapter for failure to pay charges for electric service when due, for violation of rate schedule or contract provisions, for theft, or illegal diversion of electricity. The discontinuance of service for any of these causes does not release the customer from his/her obligation to pay for energy, received, or charges specified in any existing agreement. The City may refuse to connect a service should its personnel determine that the customer's equipment may be in violation of current Building or Fire Codes or that the location of the meter or other City property, which requires reading or maintenance, is such that access posses a safety hazard to its employees. Approval from the City Building Official or Fire Marshal ma5' be required before service xvill be provided. In addition, the customer may be required, at customer's expense, to relocate City equipment in order to eliminate any access safety concerns. § 4017 DISCONTINUANCE AT CUSTOMER'S REQUEST; CUSTOMER'S LIABILITY WHERE NOTICE NOT GIVEN: The City reserves the right to read the meter for a final bill within three (3) working days from the date requested by the customer that the service be discontinued. The customer will be required to pay all charges incurred until the final meter reading by the City, but in no event, more than three (3) working days past the customer's discontinuance request date. Where notice to discontinue service is not given, the customer will be required to pay all charges incurred until the final meter reading by the City, but in no event, more fl~an three (3) working days after the City has -knowledge that the customer has vacated the premises or other, vise has discontinued electric service. § 4018 TEMPORARY SERVICE: Temporary service for electrical power and lighting installations shall be permitted during the period of construction, remodeling, repair or demolition of buildings, structures, equipment, or similar activities. Temporary Service shall be permitted for a period not to exceed 90 days for Christmas decorative lighting, carnivals, and similar purposes. If in its opinion the furnishing of such service will not impose an undue hardship upon the City or its customers, the City will furnish temporary service under thc conditions set forth in this Chapter. The applicant for temporary service shall be required to pay to the City in advance or otherwise as the City may elect, a sum equivalent to the utility connection charge for temporary service as established in a resolution adopted by the City Council. § 4019 RESALE OF ENERGY: No purchaser of electric energy shall connect his/her service with that of any other person, or in any way resell, re-bill or supply any other person or premises with electric current through his sen, ice, appliances or any apparatus for the purpose of profit. § 4020 SYSTEM DISTURBANCES: Electric service shall not be utilized in such a manner as to cause severe disturbances or voltage fluctuations to other customers of the City. In the event any customer uses equipment that is detrimental to the service of other customers of the City, such as welders, or large motor starting equipment, customer may be required to install, at his/her own expense, regulative equipment to control fluctuations. Where X-ray apparatus is separately served, it shall be classed as power equipment and service will be rendered in accordance with commercial rates, which are adopted and from time to time. Where single phase power is requked for special equipment and such service requires the installation by the City of special transformers to supply said single phase service, the City may charge a service fee established by City Council resolution. § 4021 INTERRUPTION OF SERVICE AND WAIVER OF LIABILITY FOR POWER FLUCTUATIONS OR INTERRUPTIONS BASED ON EXPRESS OR IMPLIED WARRANTY AND STRICT LIABILITY: Electrical service is subject to unforeseen interruptions and changes in the flow of current (surges and brosvn outs). Many electrical appliances, such as VCRs, televisions, refrigerators, freezers, air conditioners and especially computers and appliances using computer processors, may be damaged by current fluctuations or a sudden loss of power. Data stored in computer memory may be lost or altered as a result of these fluctuations or interruptions. Surge protectors, uninterruptible power supplies and other devices are available on the market that may reduce the risk of damage resulting from fluctuations and interruptions in the flow of electric current. The City of Ukiah does not guarantee a constant or uninterrupted flow of current and will not assume responsibility for damages caused by fluctuations or interruptions, unless caused by the negligence of the City or its employees. The City will use reasonable diligence to provide adequate and uninterrupted supply of electrical energy at normal voltage, but if the supply shall be interrupted without notice for any cause, the City shall not be liable for personal injuries, loss or damages resulting therefrom, nor will such failure constitute a breach of any express or implied warranties or the agreement for service. In subnfitting an application for service or using the City's electrical service, the customer agrees that he/she will make no claims and seek no damages from the City for damages caused by fluctuations or interruptions in the flow of electric current, unless that fluctuation or interruption was caused by the negligence of the City or its employees. The customer agrees that the City's liability for damages is limited as provided herein. The City shall have the right to suspend temporarily the delivery of electric energy for the purpose of making repairs or improvements to its system. In all such cases, reasonable notice svill be given to the customer and the repairs or improvements will be conducted as rapidly as may be practicable. If practicable, the work ~vill be conducted at such time as svill cause the least inconvenience to the customers. However, the City shall not be liable for damages or injuries caused by such interruptions or by the customer's failure to receive notice of the interruption. § 4022 CUSTOMER POWER OUTAGE: If the customer's service fails, the customer shall endeavor to determine if customer owned equipment, protection devices or wiring is cause for 73 the failure before contacting the City. At the customer's request, the City will dispatch a service person to check and repair City-owned equipment to the designated service point, at no charge. Any failure of customer-owned equipment, protection devices or wiring is the responsibility of the customer. § 4023 NOTICE OF TROUBLE: In the event that service is interrupted or not satisfactory, or any hazardous condition is imown to exist, it shall be the obligation of the customer to notify the City of such condition. § 4024 CURTAILMENT OF ELECTRIC SERVICE: Should a serious power shortage develop and should it become mandatory that the City place into effect a curtailment program, the City reserves the right to limit the use of electricity during such hours as may become necessary. § 4025 ADDITIONAL ELECTRICAL LOAD: In the event the customer desires to change his/her electrical load materially, the customer shall notify the City sufficiently in advance so that the City may, if economically feasible, provide the facilities required. In the event that the customer fails to notify the City, and as a result the City's equipment is damaged, the customer shall be liable for the cost of such damage. § 4026 PHASE BALANCE: Except in the case of three-phase, four wire delta service, the City shall require that the current taken by each wire o£ the three-phase service shall be reasonably balanced at times ofmaximmn or near maximum load. The customer is responsible for maintaining the balance of the three-phase load. ARTICLE 3. BILLING AND COLLECTION § 4030 APPLICABLE RATE SCHEDULE ADOPTION BY RESOLUTION: The City Council may, by resolution, adopt and £rom time to time modify, amend or repeal any of the rates, fees or service charges to be levied, assessed, charged and collected for electric service. Applicable rate, fees and charge schedules shall be maintained in sufficient quantity for distribution to electric customers upon request. § 4031 BILLING PERIOD: Bills for electric service will be rendered monthly or by cycle billing based on geographical areas as otherwise provided in the rate schedules. If service is connected less than 10 days before the route reading date, a separate bill for this period will not be rendered, but these readings will be included with the readings of the next regular billing. § 4032 METER READINGS: Meters will be read at regular intervals for the preparation of regular bills and as required for the preparation of opening bills, closing bills, and special bills. The City will, as nearly as possible, read meters on the same cycle date, but because of holidays, Saturdays, Sundays, and the difference in the length of months, a five (5) day variation may occur. If for any reason a reading cannot be obtained for any particular period, the billing shall be based on an estimate of energy use and demand. It will be subject to later correction based on the next actual reading(s). The City will not estimate usage more than three (3) consecutive times. If the reading constraints are not removed, the City may discontinue service. § 4033 PAYMENT OF BILLS: Bills are due and payable on presentation and payment shall be made at the City's office or to an authorized collector. Failure of the customer to receive a bill will not release the customer from liability for pa~xnent. By resolution, the City Council may establish policies for extended payment terms for customers who experience financial hardship. § 4034 DISPUTED BILLS/CORRECTNESS OF BILLS: If a customer questions or disputes a bill, the City will respond in accordance with the procedure adopted by City Council resolution. If the bill is determined to be incorrect, the City xvill issue a corrected bill. Except as provided in Section 4049, if billing has been made based on incorrect information, the City shall issue a corrected bill. If an over charge has occurred, the City shall issue a refund based on the corrected information, not exceeding six (6) months. If an undercharge has occurred, the City shall render a bill, based on the corrected information, not exceeding three (3) months, unless it can be sho,~ that the error was due to some cause, the date of which can be fixed. In this case, the correction shall be computed back to, but not beyond such date. § 4035 COLLECTION OF BILLS: The collection cycle in which past due, delinquent, final, and disconnection notices are determined and the related fees, will be established by resolution that may be adopted from time to time by the City Council. § 4036 COLLECTION OF DELINQUENT ACCOUNTS: In collecting delinquent accounts or tern~inating utility service, the City shall comply with applicable procedures required by any resolution of the City Council or by iaxv, including Public Utilities Code Sections 10009 - 10011, as those Sections now read or may be amended in the future. § 4037 RETURNED CHECKS: If a check is returned due to insufficient funds, or for any other reason the funds are not available, the City shall terminate service in accordance with Section 4036. The fee for returned checks xvill be established by City Council resolution that may be adopted from time to time. If more than txvo (2) checks in 12 consecutive months are returned unpaid, the City shall have the right to request cash or money order only for payment on such account(s). § 4038 CLOSING BILLS: Closing bills, where service is to be discontinued, will be due and payable on presentation, and collection may be made at any time after presentation. § 4039 Council. SERVICE CHARGES: Service charges shall be as set forth from time to time in the applicable schedule of rates, fees and service charges, as adopted by resolution by the City § 4040 AFTER HOURS CONNECTION SERVICE: After hours co~mection service will be available to customers provided they pay the actual cost for connection as established from time to time by resolution of the City Council. ARTICLE 4. METERS § 4045 METERS: Meters xvill be installed by the City as provided in this Chapter. All meters xvill be sealed by the City at the time of installation, and no seal shall be altered or broken except by one of its authorized employees or agents. § 4046 METER LOCATIONS: Meters shall be installed on the outside of buildings, or service structures, unless otherxvise specifically authorized and approved by the City. Meters shall not be installed in places difficult to access: over open pits, moving machinery, hatchways, in the path of water from eaves or rain spouts, or areas subject to live steam or corrosive vapors. It shall be the responsibility of the customer to maintain clear working space of not less than 36" wide by 36" deep at the face of the meter, along with a suitable permanent, substantial platform directly below the meter equal to the clear working space. The space required by this section shall not be used for storage or any other purpose. At least one entrance of 24" wide by 6-1/2' tall shall be provided to give access to the electrical equipment. Meters shall be located not more than 75" and not less than 48''~ above the ground or standing surface when installed outdoors. When meters are enclosed in a cabinet or indoors in a meter room, the minimum height may be reduced to 36". The meter height shall be measured to the horizontal center line of the meter. Where meters are recessed in a wall or building, a space of not less than an eight (8) inch radius circle from the center point of the meter base shall be provided to permit access of City test equipment. § 4047 SEPARATE METERS; READINGS NOT COMBINED: Each meter on a customer's premises will be read and billed separately. § 4048 SEPARATE METER FOR EACH CLASS OF SERVICE: When the customer desires to use electricity for purposes classified under different rates, separate meters must be installed to measure the energ3~ supplied at each rate, and the use of electricity registered by each meter will be charged at prices specified in the applicable rate schedule. § 4049 METER TESTS: The City will, at its oxvn expense, make tests and inspections as required on its meters to insure accuracy. The City shall have the right to test any meter at any time. Any meter found to exceed a 2% plus or minus tolerance will be replaced without charge. Upon a customer's request, the City xvill, at no charge, perform one meter test per meter in a 5 year period. Additional tests at the customer's request will be made, and if the meter is found to register within the 2% plus or minus tolerance, the customer shall pay a test fee as set by resolution of the City Council. If the meter is found to exceed the 2 % limit plus or minus tolerance, no charge will be made for the testing. A report giving the result of the test will be supplied to the customer after completion of the test. § 4050 ADJUSTMENT OF BILLS BASED ON FAULTY METERS: When, as the result of any test, a meter is found to be more than 2 % fast, the City shall refund to the customer the overcharge, based on the corrected meter readings for the period in which the meter xvas in use, not exceeding six (6) months, unless it can be shown that the error was due to some cause, the date of which can be fixed. In this case, the overcharge shall be computed back to, but not beyond, such date. If the meter is found to be slow, the City will not bill the customer for the resulting under charge, but will correct the meter inm~ediately. ARTICLE 5. EQUIPMENT § 4060 CUSTOMER'S WIRING AND EQUIPMENT: It shall be the customer's responsibility to provide suitable protective equipment such as fuses, circuit breakers and relays adequate to protect his/her equipment. If three-phase equipment is used, it shall be the customer's responsibility to protect it against phase failure, also under and over voltage. The City will take all reasonable precautions to prevent 76 phase failure or abnormal voltage variation, but cannot guarantee that such conditions may not occur, due to circumstances beyond its control. The customer's wiring shall be in accordance with the editions of the National Electric Code presently adopted and in force as part of the Ukiah City Code and such revised, modified or subsequent editions thereof which may from time to time be adopted. The City reserves the right to refuse or discontinue service to customer's equipment or to where such equipment is in hazardous condition, or not in conformity with lawful codes and local regulations. The customer shall be solely responsible for the maintenance and safety of his/her wiring and equipment and the City shall not in any way be liable for accident, or damages, occurring to the customer or to third parties because of contact with or failure of any portion of the customer's installation. § 4061 EQUIPMENT LIABILITY: The City does not assume the duty of inspecting the customer's service appliances or apparatus or any part thereof and assumes no liability therefor. In the event that the customer finds the City's electrical equipment and/or service to be defective, the customer shall notify the City of the defect immediately. § 4062 CITY EMPLOYEES ONLY TO INSTALL CONNECTION: Only duly authorized employees or agents of the City will be permitted to install a service connection from the City's distribution line to the customer's premises. § 4063 OWNERSHIP: The sen, ice co~mections, meters, and other facilities furnished by the City and located wholly or partially upon the customer's premises are and shall remain the property of the City, which has and shall have the right to repair, replace, and remove them. § 4064 MAINTENANCE: The City will not be responsible for the installation and maintenance of the electrical lines beyond the end of the City's service com~ection point or meter. § 4065 RIGHT OF SAFE ACCESS: The City, through its authorized employees, shall have safe access to its equipment at all reasonable times for the purpose of reading meters and testing, repairing or replacing any equipment wlfich is the property of the City. If such equipment is located where locks are required, the City shall be supplied with and retain keys to all locks giving access to City equipment. If such equipment is located where an electronic security system is required, the City shall be supplied with codes or electronic keys giving access to City equipment. § 4066 INSPECTION OR RECOMMENDATIONS WITHOUT CHARGE OR LIABILITY: The City will not charge or assume any liability for any inspection work or recommendations made by the City or its agents in connection with the City's electrical service or related equipment whether that inspection results from a complaint or any other cause. § 4067 CUSTOMER'S RESPONSIBILITY FOR CITY'S PROPERTY: It shall be the responsibility of the customer to take all reasonable and proper precautions to prevent damage to the City's property on his/her premises. Such property shall include meters, instruments, transformers, services, and connections, and any other equipment installed by and remaining the property of the City. In the event that the City's property is damaged because of the customer's negligence, the City may collect from the customer the cost of repairs or replacement. 77 § 4068 RIGHT-OF-WAY: The City will install electric utility facilities only along public roads and highways and upon public lands or private property across which satisfactory rights-of-way or utility easements may be obtained without cost to the City. Facilities to be located on public lands or private property across wThich the City carmot obtain a right-of-way or utility easement under conditions satisfactory to the City must be built, owned and maintained by the applicant or applicants, and constructed to conform to the effective rules for electrical construction regularly adopted by the Public Utilities Conm~ission of the State of California. § 4069 SERVICE ENTRANCE LOCATIONS: New service entrance locations shall be authorized and approved by the City prior to installation. 78 SECTION TWO. PUBLICATION AND EFFECTIVE DATE This Ordinance shall be published as required by law and shall become effective thirty (30) days after its adoption. SECTION THREE. APPLICATION OF ORDINANCE The provisions of this ordinance shall apply to all customers of the Electric Utility, regardless of when they become customers, and upon its effective date replaces all other customer service policies adopted prior thereto. Introduced by title only on January 18, 1995, by the following roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and Mayor Schneiter. NOES: None ABSENT: Councilmember Wattenburger ABSTAIN: None Amendment approved by Council February 1, 1995. Second amendment approved by Council March 15, 1995 PASSED AND ADOPTED this 5t__hh day of April , 1995 by the following roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor Sclmeiter NOES' None ABSENT: None ABSTAIN: None Fred Schneite~ l~ath-3/l~cffay, City Cl,~k B:ORD CUSTOMER.POL