Chapter 13.74 - CUSTOMER SERVICE REGULATIONS*
Part of the Code of Ordinances of South Salt Lake, UT.
The text
Sections:
13.74.010 - General provisions.#
A.
Purpose. The purpose of this chapter is to establish and enforce uniform utility service practices and procedures governing eligibility, security deposits, account billing, termination, refusal to provide utility service, deferred payment agreements and dispute resolution.
B.
Policy.
1.
The policy of this chapter is to assure the adequate provision of utility service, to restrict unreasonable termination of or refusal to provide utility service, to provide functional alternatives to termination or refusal to provide utility service, and to establish and enforce fair and equitable procedures governing eligibility, security deposits, account billing, termination, deferred payment agreements and dispute resolution.
2.
Nondiscrimination. Utility service shall be provided to qualified persons without regard to employment, occupation, race, handicap, creed, sex, national origin, marital status, or number of dependents.
3.
Requirement of Good Faith. Every agreement or obligation within this chapter imposes an obligation of good faith, honesty, and fair dealings in its performance and enforcement on behalf of the customer and the city utility.
4.
Customer Information. The city utility shall provide all consumers with a consumer information pamphlet which clearly describes and summarizes the substance of this chapter. The city utility shall mail or deliver a copy of this pamphlet, or a summarized version to all customers annually in September or October. Copies of this pamphlet shall be prominently displayed in all utility business offices and furnished to consumers upon request. The city has a continuing obligation to inform its customers of significant amendments to this chapter.
The city utility shall inform its account holders of the third-party notification procedure at the time of application for service and at least once each year.
5.
Scope. This chapter shall apply to water and sewer utilities which are subject to the regulatory authority of the city.
6.
Customer's Statement of Rights and Responsibilities. When utility service is extended to an account holder, annually, and upon first notice of an impending service disconnection, the city utility shall provide a copy of the "customer is statement of rights and responsibilities." The statement of rights and responsibilities shall be a single-page document. It shall be prominently displayed in all utility business offices.
7.
Utility service shall be offered only to premises which is permanent improvement to real property.
(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))
13.74.020 - General definitions.#
For purposes of this chapter, the following definitions shall apply:
"Account holder" means a person, corporation, partnership, or other entity which has agreed with the city to pay for receipt of utility service and to which the city provides service. An account holder must be either the owner, owner's agent or actual tenant of the property.
"Applicant" means a person, corporation, partnership, or other entity which applies to the city for utility service.
"Budget billing" means monthly payment plan under which the customer's estimated annual billing is divided into twelve (12) equal monthly payments.
"City business day" means days excluding weekends and city holidays on which the city utility is open to the public.
"City utility" means the various departments of the city that provide water and sewer service to a residence.
"Deferred payment agreement" means an agreement to receive or to continue to receive utility service pursuant to Section 13.74.050 and to pay an outstanding debt or delinquent account owed to the city.
"Delinquent account" means a service bill which has remained unpaid beyond the statement due date.
"Fire line" shall include: private water lines which are connected to the water main and which serve a fire hydrant; and private water lines that extend off the water main to supply a building's fire protection system(s).
"Tampered fire line" means any use of, or connection to, a fire line for a purpose other than fire protection.
"Tampered meter" means any unauthorized reconnection of service, after disconnection by the city utility, shall be presumed to have been caused by the account holder and shall constitute a "tampered meter."
Termination of Service. The terms "termination," "disconnection," and "shutoff' as used in this chapter are synonymous and mean the stopping of service for whatever cause.
"Utility service" means water, fire line and/or sewer service provided by the city to a customer.
(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))
(Res. No. R2013-05, 3-27-2013)
13.74.030 - Deposits and eligibility for service.#
A.
Security Deposits and Guarantees.
1.
Every individual who applies for a new or a transfer of utility services for a nonowner occupied premises from the city shall be required to pay a security deposit equal to an average sixty (60) day billing period at his/her service locations, if available (the average will be calculated based on the most recent fifteen (15) month history of consumption), or the standard utility deposit rate as established in the consolidated fee schedule, whichever is greater.
2.
The owner or owner's agent of a property may allow a tenant of the property to be the account holder; however, before a tenant may become the account holder, the property owner must agree in writing to be responsible for payment of any account balance that the tenant fails to pay. Before any new account for utility service to a property may be opened in the name of a tenant, all balances from prior accounts for service at the same location must be paid in full.
3.
The security deposit is due at the time of application; however, the city utility, at its discretion, may agree to allow the deposit to be billed in two monthly installments.
4.
No security deposit shall be used in lieu of a monthly payment to discharge a delinquency on the account unless service has been discontinued.
5.
Any account holder who has his/her utility service disconnected or executes a deferred payment agreement may be required to pay a security deposit under the terms of this section.
6.
Refusal by the city utility to offer service may be disputed through the process set forth in Section 13.74.040(H).
7.
Any customer filing bankruptcy shall be required to comply with the terms and conditions as set forth in Section 366 of the United States Bankruptcy Code.
B.
Eligibility for Service.
1.
Utility service is to be conditioned upon:
a.
Proof of ownership, proof of agency for owner or proof of tenancy with a signed agreement by the property owner or owner's agent;
b.
Payment of a security deposit if the applicant is not the owner of the property;
c.
Payment of all outstanding debts for past utility service which are owed by the applicant to the city;
d.
If the applicant is not the owner of the property, payment of all balances from prior accounts for services at the same location and a signed agreement by the property owner; and
e.
Proof that no condition exists which would be a cause for termination of service as described in Section 13.74.060.
f.
If the tenant or owner of a property receiving water service is required to hold a city business license or permit, it shall be an essential requirement of eligibility for service that the business license or permit be kept current and that all fees be paid when due.
2.
Applicants for service have a duty to provide accurate and honest information to the city utility. Application may be made only in the name of person who is either the owner, owner's agent or actual tenant of the property. When an account holder moves from the premises, the city utility must be notified within ten city business days of the change in the account information.
(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))
13.74.040 - Account billing.#
A.
Billing Cycle. All City utilities shall use a billing cycle which has an interval between regular periodic billing statements of twenty-eight (28) to thirty-two (32) days. This section applies to permanent continuous service customers, not to seasonal customers.
B.
Estimated Billing.
1.
Water Service. Water meters shall be read monthly beginning no later than March 1st and ending no earlier than October 31st.
2.
Fire Line Service. Fire line service, unless metered, will be billed at a standard monthly rate as established in the consolidation fee schedule.
C.
Periodic Billing Statement.
1.
City shall mail or deliver an accurate bill to the Account holder, for each billing cycle at the end of which there is an outstanding credit or debit balance for current service, a statement which the account holder may retain, setting forth each of the following disclosures to the extent applicable:
a.
The outstanding balance;
b.
The amount of all charges to the account during the current billing cycle;
c.
The amount of all payments made to the account during the current billing cycle;
d.
The amount of all credits other than payments to the account during the current billing cycle;
e.
The amount of all late payment charges to the account during the current billing cycle;
f.
The closing date of the current billing cycle and the outstanding balance due on that date;
g.
The date upon which payment is due;
h.
The percentage of interest which will be assessed against the account for late payment;
i.
A brief summary of the Account holder's right to dispute the bill, as permitted pursuant to Section 13.74.040(H) with the current number at which to contact the city utility; and
j.
The amount of water used during the billing cycle.
D.
Late Charge.
1.
Thirty (30) days after the statement date, a late charge not to exceed one and one-half percent per month shall be assessed against any unpaid balance in excess of new charges debited to the account during the current billing cycle.
E.
Statement Due Date. An Account holder shall have twenty (20) days from the date the current bill was prepared to pay the new balance, which date shall be the statement due date.
F.
Disconnect and Reconnect Fees—Water/Sewer Service.
1.
Disconnect Fee. Disconnect at request of owner, owner's agent, tenant, or landlord Account holder due to temporary vacancy: no charge.
2.
Reconnect Fee.
a.
Reconnect fee to reinstate Utility service to the same Account holder after nonpayment disconnection:
i.
Between eight a.m. and three p.m. on City business days: the amount established in the consolidated fee schedule plus balance of the account.
ii.
Between three p.m. and ten p.m. on weekdays, and from eight a.m. and ten p.m. on Saturdays, Sundays, and holidays recognized by city: the amount established in the consolidated fee schedule plus balance of the account.
b.
Reconnect at request of owner, owner's agent, tenant, or landlord Account holder, due to temporary vacancy: an amount to be established in the consolidated fee schedule plus any outstanding balance of the account.
c.
Reconnect fee to provide Utility service to a new Account holder after disconnection of service to a former account holder for nonpayment: the amount established in the consolidated fee schedule.
3.
Tampered Meter Fee. Upon discovery by the City utility of a tampered meter, the amount established in the consolidated fee schedule as the tampered meter fee must be paid before service will be reconnected.
4.
Tampered Fire Line Fee. Upon discovery by the City utility of a tampered fire line, the amount established in the consolidated fee schedule as the tampered fire line fee must be paid before service will be reconnected.
5.
Service of Notice Fee. After an Account holder has been served with a notice of disconnection, if the City is required to serve a notice of disconnection one or more additional times within the same twelve-month period, a service fee will be assessed to the account holder in an amount sufficient to cover the city's cost of service each time such service is performed. The service fee will be set forth in the consolidated fee schedule.
G.
Fees must be actually paid to receive the requested disconnect or reconnect service.
H.
Disputes.
1.
Account holders may only dispute billing errors, the accuracy of meter readings, the accuracy of the meter, refusal by the City utility to offer service or the City utility's basis for termination of service other than termination for nonpayment. Transportation Utility Fee Account holders may only dispute the accuracy of property measurement, user type, or exemption status.
2.
Technical errors such as misspellings, inaccurate dates that do not affect the bill, etc. are not subject to dispute. Inability to pay does not render a bill in dispute.
3.
For any of the reasons set forth in subsection (H)(1) of this section, an Account holder may dispute the action of the City utility by setting forth the reason for the dispute in writing, dated and signed by the Account holder and delivered to the City utility:
a.
Within ten days after the due date of the bill for the disputed period when the dispute is regarding the amount of payment owed;
b.
Within ten days after a refusal by the city utility to offer service;
c.
Within ten days after the initial notice of termination of service for any reason other than nonpayment.
4.
A designated representative of the City utility will review the dispute and send a written decision to the Account holder by mail within ten days of receiving the dispute.
5.
Reserved.
6.
An Account holder may appeal an adverse decision by the City utility regarding a dispute. To appeal, Account holders must pay the administrative appeal fee set forth in the consolidated fee schedule and submit a request for an appeal in writing, dated and signed by the Account holder, clearly setting forth the nature of the dispute and attaching a copy of the adverse decision from the City utility. Only matters first reviewed by the City utility pursuant to subsections (H)(3) and (H)(4) of this section may be appealed. The appeal shall be delivered to the city recorder within ten days of the adverse decision by the City utility.
7.
An administrative hearing shall be held in accordance with the provisions outlined in Chapter 2.22 of this Code.
I.
Rate to be Charged Upon Failure of Meter. When, for any reason, the meter fails to register, operate or otherwise does not function properly, there is a presumption that use of Utility services during the billing period for which the meter malfunctioned is equivalent to the following:
1.
If the Account holder has had twelve (12) months continuous service prior to the failure of the meter, the account shall be charged the amount as for the same billing period of the month of the previous year. The amount charged shall be based on the average daily consumption multiplied by the number of days in the current billing period; or
2.
If the Account holder has not had continuous service of twelve (12) months, the amount charged to the account shall be based on the average consumption for the history of the account multiplied by the number of days in the current billing period; and
3.
The Account holder shall be notified by the City utility of the meter malfunction and given an explanation of the formula used to determine use of utility services during the billing period as part of the billing statement for any such periods; and
4.
Absent evidence to the contrary offered by the Account holder, in the context of a timely dispute made pursuant to subsection H of this section, the Account holder shall be charged and responsible to pay according to the terms of this subsection.
J.
Waiver of Fees.
1.
At the request of a property owner who is called to active duty with a branch of the armed forces of the United States, the city will waive fees for public utilities provided by the city to the owner's residence up to the amount provided in the consolidated fee schedule.
2.
This waiver applies only to owner-occupied residences in the city, and in order for the waiver to go into effect the owner must certify that he or she will not collect rental income from the property while he or she is deployed.
3.
Proof of active deployment is required in order to qualify for the waiver. Proof may be provided by presenting deployment papers to the city.
4.
The waiver will continue as long as the owner is on active deployment, but will automatically expire at the end of the deployment period indicated in the papers. If a property owner's deployment is extended, then it is incumbent upon the property owner to notify the city of that extension, or to bring satisfactory proof of the extended deployment upon his or her return.
5.
The provisions of this section do not apply to rental units occupied by the person on active deployment.
6.
In cases not constituting forgery, any person who provides false information to the city in order to obtain a waiver shall be guilty of a class B misdemeanor.
(Ord. No. 2008-19 (part): Ord. No. 2004-21: Ord. No. 2003-07 (part): Ord. No. 2003-05 (part))
(Ord. No. No. 2009-16, 12-2-2009; Ord. No. 2026-01, § 1(Exh. B), 1-14-2026)
13.74.050 - Deferred payment agreement.#
A.
Deferred Payment Agreement.
1.
A customer who is unable to pay for utility service may be eligible to enter into a deferred payment agreement with the city for the payment of the delinquent utility account if done prior to termination of service for nonpayment. A deferred payment agreement may be executed provided that at the time of the execution of the agreement the following standards are satisfied:
a.
All sums under three hundred dollars ($300.00) shall be repaid within a six-month period of time from the date of execution of the deferred payment agreement;
b.
All sums in excess of three hundred dollars ($300.00) shall be paid within a twelve (12) month period of time from date of execution of the deferred payment agreement;
c.
At the time of the execution of the deferred payment agreement, one-sixth of the delinquent balance shall be paid;
d.
A deferred payment agreement shall contain language to the effect that the customer must keep his then current balance paid on a current basis when due;
e.
Customer shall not be entitled to execute more than one deferred payment agreement within any eighteen (18) consecutive months period of time; and
f.
The account holder shall have the right to prepay the outstanding balance due under a deferred payment agreement at any time during the term of the agreement.
2.
The terms of the deferred payment agreement shall be set forth in a written agreement, a copy of which shall be provided to the customer.
3.
A deferred payment agreement shall include a finance charge of one and one-half percent per month. The deferred payment agreement shall contain notice of such charge.
B.
Breach. If an account holder breaches any condition or term of a deferred payment agreement, the city utility may treat that breach as a delinquent account and shall have the right to terminate service pursuant to the procedures set forth in this chapter and the account holder shall not have the right to a renewal of the deferred payment agreement. Renewal of deferred payment agreements after a breach shall be at the option of the city.
(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))
13.74.060 - Termination.#
A.
Delinquent Account.
1.
When an account is a delinquent account, the city utility shall issue a written late notice to inform the account holder of the delinquent status and the risk of termination of service. A late notice or reminder notice must include the following information:
a.
A statement that the account is delinquent, that it is at risk of termination and the date upon which the delinquent balance must be paid to avoid termination; and
b.
The account holder's ability to obtain a deferred payment agreement pursuant to the terms of Section 13.74.050.
2.
Service will not be terminated at any time during which an account holder has a timely and proper dispute pending pursuant to provisions of Section 13.74.040(H) as long as any amounts due which are not in dispute have been paid.
B.
Reasons for Termination.
1.
Utility service may be terminated for the following reasons:
a.
Nonpayment of a delinquent account where the delinquent account balance is more than ten dollars ($10.00) or an account balance of less than ten dollars ($10.00) if the balance is more than two months delinquent;
b.
Nonpayment of a security deposit;
c.
Failure to comply with the terms of a deferred payment agreement or a final order;
d.
Unauthorized use of or diversion of utility service or tampering with wires, pipes, meters, or other equipment owned by the utility;
e.
Any deception or false information offered for the purpose of obtaining utility service;
f.
Failure to provide access to meter during the regular route visit to the premises after reasonable notification by the city utility. For this purpose, twenty-four (24) hours advance notification is presumed to be reasonable;
g.
Failure to make good a dishonored check which was tendered for payment within forty-eight (48) hours of notice;
h.
An unsafe condition that has been verified by a city building inspector or health department official. Service will only be restored when the unsafe condition is remedied by the customer to the satisfaction of the city building inspector or health department official; or
i.
Failure to timely notify the city utility of a change in the name of the account holder.
j.
Failure of a tenant or owner of a property receiving water service who is required to hold a city business license or permit, to keep the license or permit current and to timely pay all associated fees.
3.
The following shall be insufficient grounds for termination of service:
a.
Cohabitation of a current account holder with a delinquent account holder as long as the delinquent account holder's balance relating to the same premises has been paid in full;
b.
Where the delinquent account balance is less than ten dollars ($10.00), unless no payment has been made for two months; or
c.
Failure to pay any amount in bona fide dispute presently before the hearing officer.
C.
Restrictions Upon Termination During Serious Illness.
1.
An account holder is entitled to one thirty (30) day extension of time to make payment during any twelve (12) month period of time under either of the following conditions:
a.
If prior to termination of service the city receives satisfactory documentation that a person residing in a home receiving city water service has a serious illness that will be aggravated by the loss of water service; or
b.
If after termination of service the city receives satisfactory documentation that a person residing in a home receiving city water service has a serious illness that will be aggravated by the loss of water service, water service will be restored for a period of thirty (30) days from the date service was first terminated.
D.
Termination Without Notice. The city may terminate utility service without notice where, in its judgment, a clear emergency or serious health or safety hazard exists for as long as such condition exists, or where there is unauthorized use of or diversions of utility service or tampering with wires, pipes, meters, or other equipment owned by the utility. The utility shall immediately attempt to notify the customer of the termination and explain the reasons.
E.
Notice of Proposed Termination.
1.
At least ten calendar days prior to a proposed termination of utility service, the city utility shall give written notice of disconnection to the account holder. The ten-day time period is computed from the date the notice is postmarked. The notice shall be given first class mail or delivery to the premises and shall contain a summary of the following information:
a.
A statement of the customer's rights and responsibilities under this chapter;
b.
The approved policy on termination;
c.
The availability of deferred payment agreements and sources of possible alternative assistance;
d.
The process by which an account holder may dispute the grounds for termination other than for nonpayment;
e.
Specific steps that may be taken by the customer to avoid termination (to be printed in a conspicuous fashion); and
f.
The date on which payment arrangements must be made to avoid termination.
2.
At least forty-eight (48) hours prior to the time when termination of service is scheduled, the city utility shall notify the account holder by leaving a copy of the notice attached to the entrance of the property at which service is provided.
a.
If termination of service is not accomplished within fifteen (15) days following the forty-eight (48) hour notice, the utility will follow the above procedures for another forty-eight (48) hour notice.
3.
The city utility shall mail duplicate copies of the ten-day termination notice to the owner of the property.
F.
Termination. Upon expiration of the notice of termination, the city utility may terminate utility service.
G.
Restrictions upon Termination Practices. The city shall not employ termination practices other than those set forth in this chapter. The city shall have the right to employ or pursue all legal methods to ensure collection of obligations due it.
(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))
13.74.090 - Appeal procedure.#
A.
Right of Appeal. Appeals from an adverse decision on a dispute with the city utility shall be made using the administrative hearing process outlined in Chapter 2.22 of the city code. A hearing request shall be in writing and must be received no later than ten days following such actions.
(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))