Public Utilities – Article 6. Utility Collection Policy

Section 19-65. Utility Service Deposits.

Every potential customer or consumer making an application for utility service with the Town of Tryon shall make a deposit as prevailed for in Section 194 hereof. There shall be a deposit made for every application for service and for each separate premises, except as may be otherwise specified herein.

Section 19-66. Exempt Status.

Federal, state, and local governmental agencies shall be exempt from making deposits with the Town. Public schools and churches shall also be classified as exempt from making deposits.

Section 19-67. Termination of Service.

When a consumer elects to terminate service, the consumer shall promptly notify the Town of Tryon, in person, by telephone, or in as to the proposed effective date and hour of such termination in order for the customer or consumer to avoid liability for payments for subsequent services at that service address. The Town may disconnect service at any time after 8:00 a.m. on the day for which discontinuation is requested. If service has been disconnected in accordance with the customer’s previously stated request, but the customer subsequently requests the service to be temporarily re-connected for any reason, an additional ten dollars ($10.00) service call charge must be paid in cash and a new disconnect date must be re-scheduled prior to the re-connection of service.

The Town of Tryon will read the appropriate meter(s) on the date for which termination of service is requested, and may, at its option, disconnect the service. A final bill will be prepared as a result of the final reading. The deposit will be applied to the final bill as provided in Section 19-23.

The Town will not be held responsible for any error or omission in of service if such a request is not made in person.

Section 19-68 Occupancy Without Application or Deposit.

If the Town leaves the service connected to vacant premises, it does not constitute consent by the Town of Tryon for any new occupant of such premises to use the service without making a proper application for said service. Occupants using service without a deposit and application shall be liable to the Town of Tryon for the deposit amount, as well as payment for all services received, which will be billed at the prevailing rates for all services available to the premises. Said occupant 3vill be required to show a lease or document specifying when occupancy began and will be billed back to the reading nearest to the date of the lease, or if such document is not available, back to the date of the last tenant moving out. The owner of any residential or commercial rental property shall be responsible for placing all connections to the rented properties in the name of the renter or tenant. In those cases where the tenant does not place his or her name on the utility billing or make proper application and deposit; the owner shall be responsible for the payment of any utility charges upon said property.

Failure to make an application and deposit will result in immediate termination of service.

Section 19-69. Delivery of Utility Bills.

The Town of Tryon may mail a bill for service to the consumer at the address at which service is taken or such other address as designated by the customer; however, the Town reserves the right to adopt other methods for delivery of bills.

Delivery is deemed to have taken place when, according to the town’s records, a bill or any notice containing billing or past due information has been properly delivered to the U.S. Postal System.

Failure to receive a bill shall in no way exempt a customer from liability for payment of services.

Section 19-70. Late Payment Charge.

A late payment charge in an amount equal to five dollars ($3.00) shall be added to the bill in the event that the bill is not paid on or before the tenth (15th) day of each month.

Section 19-71. Discontinuation of Utility Service.

Charges for utility services shall be due and payable monthly according to dates to be determined by the Town of Tryon. Each monthly bill shall have the due date printed thereon. In addition to the assessment of any late payment charge, if a monthly bill is not paid by the due date indicated therein, the account shall be subject to disconnection for non-payment. Utility service shall be discontinued for any customer who owes any past due amount of utility services or any part of the charge for utility services, including late payment charges.
The Town of Tryon may disconnect utility service to a customer for the reason set forth below. Disconnection may take place at any time during normal working hours on the day designated for disconnect. Notification of impending discontinuation of service shall be given at the premises, either by letter, “door knocker” or such other notification as the Town of Tryon deems necessary and appropriate and shall include notification of the customer’s right to request a hearing as provided for in Section 19-72 hereto. Failure to accept or acknowledge notification shall not be cause for delay of the disconnection.
1. Nonpayment of a bill, or any portion of a bill, including any bill for services rendered by the city to the consumer at any premises for any utility service.
2. Refusal by the consumer to provide the Town of Tryon reasonable access to its equipment upon the consumer’s premises in accordance with these terms and conditions.
3. Violation of any rule or regulation of the Town of Tryon or noncompliance with any applicable federal, state, municipal, or other local laws, rules, or regulations.
4. Violation of or noncompliance with an approved rule of service of the Town of Tryon, including these terms and conditions.
5. Failure of the consumer to make the application and place a deposit for service.
6. Failure of the consumer to make an application for utility service in the true name of the consumer for the purpose of avoiding payment of any unpaid obligation for utility service provided.
7. Returned checks.
8. Failure of the consumer, upon request, to provide the city with a deposit.
The Town may discontinue utility service without advance notice to a consumer for any of the reasons set forth below, but notice will be posted at the premises at the time of discontinuance of service indicating the reason for the disconnection.
1. Existence of a dangerous or defective condition of equipment on consumer’s premises.
2. Fraudulent use of municipal utility services.
3. Tampering with the Town’s regulating and measuring equipment or other property.
4. Expiration of any temporary service agreement
5. Failure to comply with the terms of any extension agreement.

Section 19-72. Notification of Discontinuance of Service.

A written notice stating the reason for such discontinuance shall be sent.by mail to the address of the customer as shown on the Town’s records. Said shall be delivered at least five (5) business days prior to the date shown on the notice as the date on or after which service shall be discontinued. Said notice shall notify the customer that should the customer disagree with the reasons for the discontinuance that the customer has the right to meet with the Town Clerk for the Town of Tryon and present any reasons that the customer may have that such notice is incorrect and in error. In the case of an error on the part of the Town, the Town Clerk shall have the power to revoke the notice of discontinuance.
The notification referred to herein shall further inform the customer that such customer shall have the right to request a hearing prior to such discontinuance of utility services. The notice shall state that such a hearing shall not be held unless requested by the customer. If a hearing is requested at any time within the five (5) days-notification period referred to herein above, such hearing shall be held as soon as possible but in no event later than five (5) business days after such request is received. If requested, the hearing shall be held by a panel consisting of the Mayor, the Town Clerk, and the Water Superintendent. Any person claiming to be aggrieved by the decision of such Hearing Panel shall have the right to appeal such decision to the Tryon Board of Trustees at its next regular or special meeting.
Prior to the day that service is to actually be discontinued, a “doorknocker” indicating the day on which service will be terminated, will be hung on or about the entrance of the service address for which is about to be discontinued. This will be done as a courtesy to the customer and any omission or error in delivery or subsequent removal by an unauthorized party or any other removal shall in no way be constructed to mean that discontinuance of service shall be delayed.

Section 19-73. Dishonored Checks.

In the event any customer should offer payment for any monthly bill, or portion thereof, by means of a check which is not honored on account of insufficient funds of the marker to pay same, or because the check is drawn on a closed account or on a non-existent account, or otherwise dishonored, a check service charge in the amount of fifteen dollars ($ 15.00) shall be charged and collected as a service charge for proper handling and administration.

Failure to replace the dishonored check with cash, certified check, or cashier’s check before 1:30 p.m. on the next working day after notification that the check has been returned will result in immediate disconnection of utility service.

In the event that two (2) such dishonored checks are made to the Town of Tryon for utility service within any last preceding twelve (12) month period, payment of each monthly bill such customer/consumer for the next twelve (12) month period of ensuing service shall be made and accepted only when tendered by certified or cashier’s check or cash.

Section 19-74. Extension of Time to Pay.

Two (2) 30-day extensions within a twelve (12) month period may be granted upon request of the consumer, provided that a utility payment extension agreement is completed and approved by the Town Clerk prior to notification at the residence that service will be cut off.

Four (4) notifications of past due balances/disconnect notices in a twelve (12) month period will exempt persons from the granting of extensions for one (1) year from the date of the fourth (4th) notice.

Failure to comply with any extension agreement will result in disconnection of service without further notice and no additional extension will be granted for one (I) year from the date of the broken agreement.

Section 19-75. Summary of Policies.

Business cut-off:
1. Weather does not affect the cut-off;
2. Payments of all past due amounts made before 1:30 p.m. of the day indicated for cut-off will stop cut-off; and
3. Bad checks are to be picked up with cash by 1:30 p.m. the first business day after contact is made.
Residential cut-offs:
1. No cut-offs when the temperature forecast is thirty-two (32) degrees Fahrenheit or below, or when the temperature is one hundred (100) degrees Fahrenheit or above;
2. Payment of all past due accounts made before 1:30 p.m. of the day indicated for cut-off will stop cut-off;
3. Bad checks are to be picked up with cash by 1:30 p.m. the first business day after contact is made:
4. No cut-offs on Friday; and
5. No cut-offs during the Christmas holidays (December 23 through January 1.)
Once service has been disconnected, payment of the entire balance on the account is required, together with the appropriate service call charge before service will be resumed.
When service is reconnected during normal working hours, a ten ($10.00) dollar service charge will be made. A twenty-five dollar ($25.00) charge will be made for reconnections made after normal working hours.
Cut-off and standby employees will be instructed to inform consumers of the immediate need to make contact with the Town Clerk to delay disconnection procedures. Disconnection will proceed if the employee can determine such contact has not been made.
Any extensions of time for payment must be approved by the Town Clerk.
If the cut-off is delayed because of inclement weather, service may be cut on the next working day without further notice. If there are further delays due to weather, a new cut-off day shall be established, and a second “Door-knocker” shall be hung indicating the new cut-off day.

Section 19-76. Collection Policies.

In the event any customer should fail to make payment on any monthly billing so that said bill is over fifty (50) days in arrears, the Town Clerk shall notify the customer/consumer at the address shown on the Town of Tryon records that the customer shall, within five (5) working days, contact the Town Clerk of the Town of Tryon to make satisfaction of said bill under the terms and conditions of Section 19-75 hereof. Should the customer/consumer fail to comply with Section 19-75, the Town Clerk shall be directed at his earliest opportunity to refer said customer’s bill for legal collection procedures.

Town of Tryon