§ 403-8. Involuntary Shutoff.  


Latest version.
  • (a)

    No public utility company shall discontinue gas service for nonpayment of gas bill or bills without giving the customer in default, whether or not such customer be a landlord, owner or others, at least seven calendar days prior written notice; such notice shall contain a written warning to such customer advising that it is such customer's duty to warn an occupant of each household unit affected by such termination. Any notice required by this section shall include the notice identified in paragraph (f) of this section.

    (b)

    Within 24 hours after receipt of such notice from the public utility company, such customer in default shall cause to be delivered to an occupant of each household unit affected by such termination, by physical delivery or by mailing, a notice that such gas service will be terminated and the indicated date of such termination, or by posting such notice in the common hallways on each floor of said dwelling.

    (c)

    For purposes of this section, "household unit" is defined as one room, or a suite of two or more rooms, with sanitary facilities in a dwelling, designed for or used by a family for living and sleeping purposes, with or without cooking facilities. For purposes of this section, "family" is defined as an individual, or any number of individuals who live together in a single household unit.

    (d)

    Any such customer responsible for the payment of charges for gas service, who causes the discontinuance of that service by failure to pay the charges for past service, or who willfully causes services to be disconnected, except while repairs are in progress or during temporary emergencies, shall be liable for compensatory damages to any tenant who is denied benefits of gas service so disconnected.

    (e)

    If the customer in default is a landlord responsible for payment of gas charges for tenant, the tenant may ensure continuation of gas service by paying the full amount of the customer's current bill. The tenant shall have the right to deduct the amount of such payment from any future payment of rent.

    (f)

    Written notice to customers prior to termination of gas service for reason of nonpayment shall contain the following notice:

    IF YOU ARE A LANDLORD, PLEASE NOTE

    If the company is aware that you have tenants living in the premises affected by this final notice on your account, the company will notify these tenants that they may assure continued service by payment of your current bill. Depending on local law, these tenants may deduct amounts paid toward your bill from their rent payment, and you may be liable for civil remedies or criminal penalties if you fail to notify tenants of impending loss of service.

(C.M.C. 403-8; ordained by Ord. No. 573-1972, eff. Jan. 19, 1973; a. Ord. No. 74-1979, eff. Mar. 2, 1979; a. Ord. No. 184-1979, eff. May 9, 1979; a. Ord. No. 205-1981, eff. May 28, 1981)