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CHAPTER 81
ELECTRICAL SYSTEMS
ARTICLE I
General Provisions
ᄃ 81-1. Town Superintendent as Electrical Inspector.
ᄃ 81-2. Access of Electrical Inspector to buildings for testing appliances.
ᄃ 81-3. Removal of defective wires and appliances.
ᄃ 81-4. Appeals to Council.
ARTICLE II
Electric Light and Power System
ᄃ 81-5. Supervision and control.
ᄃ 81-6. Permit for connecting wires or cutting on current.
ᄃ 81-7. Application for permit
ᄃ 81-8. Issuance and refusal of permit.
ᄃ 81-9. Records.
ᄃ 81-10. Supervision of connections and current cut ons.
ᄃ 81-11. Separate connections and meters for individual residences.
ᄃ 81-12. Unauthorized taking of electricity.
ᄃ 81-13. Consumer supplying electricity to others restricted.
ᄃ 81-14. Discontinuance of service; liability for damage.
ᄃ 81-15. Injuring electrical apparatus; tampering with meters;
unauthorized use of town electricity.
ᄃ 81-16. Short-circuiting fuse plugs.
ᄃ 81-17. Metering of electrical current furnished by town.
ᄃ 81-18. Defective meters.
ᄃ 81-19. Collection charges for electric current supplied.
ᄃ 81-20. Schedule of charges; rules and regulations; posting.
ᄃ 81-21. Meter reading and billing procedures; hearings for disputes.
ARTICLE III
Poles and Wires
ᄃ 81-22. Placement in streets and public places.
ᄃ 81-23. Use of rejected or condemned poles prohibited.
ᄃ 81-24. Relocation of poles.
ᄃ 81-25. Removal of unsafe poles.
ᄃ 81-26. Removal of dead wires.
ᄃ 81-27. Pruning or removal of interfering trees.
ARTICLE IV
Enforcement
ᄃ 81-28. Violations and penalties.
ARTICLE I
General Provisions
§ 81-1. Town Superintendent as Electrical Inspector.
Unless otherwise provided by the Council, the Town Superintendent shall be the Electrical Inspector of the town.
§ 81-2. Access of Electrical Inspector to buildings for testing appliances.
The Electrical Inspector may, in the discharge of his or her duties, enter any building or manhole or climb any pole, for the purpose of examining and testing the electrical appliances therein or thereon contained. For that purpose, the Electrical Inspector shall be given prompt access to all public or private buildings, and shall also be given prompt access to all manholes or poles on application to the individual or company owning or in charge of same.
§ 81-3. Removal of defective wires and appliances.
Whenever an electric wire or appliance is found to be defective through improper or insufficient insulation, or for any other reason, the Electrical Inspector shall at once cause the removal of such defect at the expense of the owner of such wires or appliances.
§ 81-4. Appeals to Council.
Any person may appeal to the Council from a decision of the Electrical Inspector.
ARTICLE II
Electric Light and Power System
§ 81-5. Supervision and control.
The electric light and power system of the town shall be under the immediate supervision of the Town Superintendent, who shall exercise immediate control of the electric light and power system, under the general supervision of the Committee on Electric Power.
§ 81-6. Permit for connecting wires or cutting on current.
It shall be unlawful for any person to connect any wires with the town electrical system or cut on electric current, whether within or without the corporate limits of the town, without first having obtained a permit from the Electrical Inspector.
§ 81-7. Application for permit.
Any person desiring a permit, as required by § 81-6, shall file an application therefor with the Electrical Inspector. Such application shall be in such form and contain such information as may be required by the Electrical Inspector, including a statement as to the location of the building or place in question.
§ 81-8. Issuance and refusal of permit.
- A. Subject to the Subsection B of this section, the Electrical Inspector shall, upon the filing of an application, as provided in § 81-7, issue, in writing, the permit applied for.
- B. The Electrical Inspector may refuse to issue a permit as required in § 81-6 if, in his or her opinion, the building or place referred to in such application is not properly wired or is not wired strictly in accordance with the Virginia Uniform Statewide Building Code as adopted in Chapter 59, Building Construction, Article I, Statewide Building Code.
The Electrical Inspector shall keep in the town office a permanent record of each permit issued as provided in § 81-8.
§ 81-10. Supervision of connections and current cut ons.
All connections made under a permit as required in § 81-6 and all current cut on under such permit shall be made or cut on only under the supervision of the Electrical Inspector and by a duly authorized agent or employee of the town.
§ 81-11. Separate connections and meters for individual residences.
Each individual residence shall have a separate connection with the electric light and power system of the town and shall also have a separate meter.
§ 81-12. Unauthorized taking of electricity.
It shall be unlawful for any person to take electricity from the electric light and power system of the town except through a meter or as otherwise provided for in this article or from any premises not owned by him or her, without the permission of the Electrical Inspector.
§ 81-13. Consumer supplying electricity to others restricted.
A consumer of electricity furnished or supplied by the town may use it for any and all purposes on his or her premises as contracted for, but shall not supply electricity to any person or premises without the consent of the Council.
§ 81-14. Discontinuance of service; liability for damage.
- A. Electric service may be discontinued by the town without notice for any of the following reasons:
- (1) For repairs.
- (2) For want of supply.
- (3) For any fraudulent representation in relation to the consumption of current.
- (4) For violation of contract or any rules or regulations or ordinance applying at any time to the consumer's service.
- (5) On account of riots, strikes, insurrections, government, state or municipal authorities, or acts of God.
- B. The town shall not be liable for damage to any person for such discontinuance of service.
- § 81-15. Injuring electrical apparatus; tampering with meters; unauthorized use of town electricity.
It shall be unlawful for any person to remove, injure or destroy any pole, wire, lamp, transformer, meter or other apparatus or equipment belonging to the town and used by it in connection with the town electrical system or used by it in connection with its electrical system. It shall be unlawful for any person to tamper with an electric meter so as to injure the same, or to prevent or interrupt the proper and accurate registering by it of the quantity of electricity used or supplied. No person shall divert electric current from any wire connected with the electric system of the town nor shall any person otherwise unlawfully use or cause to be used without the consent of the town any electricity manufactured or distributed by the town.
§ 81-16. Short-circuiting fuse plugs.
It shall be unlawful for any person to short-circuit fuse plugs by the use of any metal or otherwise, on their property or anywhere on the town electrical system.
§ 81-17. Metering of electrical current furnished by town.
All electricity furnished by the town shall be measured by meters furnished, located and installed by the town for that purpose, such meters to remain the property of the town; provided, however, no meters shall be required for windows, outside decorative lighting or transient consumers, if in the opinion of the Electrical Inspector such service is equipped with a proper device or other method whereby a true measure can be taken of the electricity sold, nor shall a meter be required when a special contract is entered into with the consumer for a temporary period that would make the installation of meters impracticable. All meters shall be installed outside of the buildings where they will be easily accessible for the reading of same.
§ 81-18. Defective meters.
- A. In the event a meter is found defective, it shall be immediately changed or repaired. In the event such a meter ceases to register, the kilowatts consumed will be estimated, at the direction of the Electrical Inspector, either by the average of a correct meter or by the kilowatts consumed during the previous corresponding or like period.
- B. Upon the making of a complaint to the Electrical Inspector that a meter is defective, the Electrical Inspector shall cause the meter in question to be checked for accuracy in measurement and if the meter is defective, it shall be either repaired or replaced; provided, however, that if the meter in question should prove to be accurate, then the costs of having the meter checked shall be bore by the consumer who made the complaint.
- § 81-19. Collection charges for electric current supplied.
The Town Treasurer shall collect all charges made for electric current furnished and supplied by the town to its consumers.
§ 81-20. Schedule of charges; rules and regulations; posting.
Monthly charges for electric current furnished and supplied by the Town of Elkton shall be as set forth in schedules of rates and charges promulgated and fixed by the town Council, and subject to rules and regulations adopted therewith, and a copy of all current schedules of rates and charges and a copy of the rules and regulations shall be maintained in the Treasurer's office of the Town of Elkton available for public inspection.
§ 81-21. Meter reading and billing procedures; hearings for disputes.
- A. All meters for measurement of electric current furnished and supplied by the town to its consumers shall be read monthly, weather permitting, and the bills for such current shall be due on the day of reading. If any such bill is not paid by the 26th day of the month in which such bill is rendered, or within 10 days of the date such bill is mailed, whichever comes later, a penalty of 10% shall be added. [Amended 12-17-1990]
- B. It is the policy of the town to discontinue electric service to customers by reason of nonpayment of bill only after notice and a meaningful opportunity to be heard on disputed bills. If any bill is not paid by the date specified in Subsection A, a second bill will be mailed containing a cutoff notice that if the bill is not paid within five working days of the mailing of the second bill, service will be discontinued for nonpayment. [Amended 1-16-1995]
- C. Any customer disputing the correctness of the bill shall have a right to a hearing at which time he or she may be represented in person and by counsel or any other person of his or her choosing and may present orally or in writing the complaint and contentions to the Town Treasurer at the Treasurer's office in the Municipal Building, Elkton, Virginia, during regular working hours. The Town Treasurer is authorized to order that the customer's service not be discontinued and to make a determination of the customer's complaint. Request for delays and waiver of payment will not be entertained; only questions of proper and correct billing will be considered. The decision of the Town Treasurer may be appealed within five working days to the Electric Committee, in writing, and the Electric Committee is authorized to make a final determination of the customer's complaint. [Amended 2-19-19961]
- D. Notice of the customer's right to a hearing and appeal for the purpose of disputing the correctness of a bill as herein provided shall be given to all new customers applying for electric service and shall be sent by regular mail with second bills and cutoff notices, which notice shall indicate the address and telephone number of the Town Treasurer whereby a hearing may be requested.
Poles and Wires
§ 81-22. Placement in streets and public places.
It shall be the duty of the Electrical Inspector to so direct the placing of poles and wires in the streets, alleys and public places of the town that the same shall cause as little obstruction as possible, either to public travel on such thoroughfares or to the private use and enjoyment of adjacent property.
§ 81-23. Use of rejected or condemned poles prohibited.
It shall be unlawful for any person to erect or use in the streets, alleys and public places of the town, any poles rejected or condemned by the Electrical Inspector.
§ 81-24. Relocation of poles.
No person owning and using any poles in any street, alley or public place in the town shall fail or refuse, after five days' notice from the Electrical Inspector, to relocate any pole the location of which the Electrical Inspector shall require to be changed.
§ 81-25. Removal of unsafe poles.
It shall be the duty of the Electrical Inspector to compel the removal of unsafe, superfluous or improperly located poles in the streets, alleys or public places of the town. No person owning and using any such poles shall fail or refuse, after five days' notice from the Electrical Inspector, to remove any pole or poles deemed by such Electrical Inspector to be unsafe, unsuitable or improperly located.
§ 81-26. Removal of dead wires.
The Electrical Inspector shall cause all wires that have not been used for 30 days, and which are known as dead wires, to be removed at once at the expense of the owners of such wires; provided, however, that all dead wires of telephone companies shall be detached from the buildings with which they have been connected.
§ 81-27. Pruning or removal of interfering trees.
It shall also be the duty of the Electrical Inspector to compel the pruning or removal of trees interfering with poles or wires.
ARTICLE IV Enforcement
§ 81-28. Violations and penalties.
It shall be an offense for any person to fail to abide by this chapter, and any person found guilty thereof shall be subject to a fine not to exceed $2,500 or imprisonment for a period not to exceed 12 months, or both. Each day any violation of this chapter shall continue shall constitute a separate offense.
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