ARTICLE 1. GENERAL PROVISIONS
15-101. DEFINITION.
For purposes of this article "utility services" shall include water, sewer, solid waste (refuse) and other utility services provided by the city.
(Code 2008)
15-102. DELINQUENT ACCOUNTS.
Unless otherwise provided, water, sewer, solid waste (refuse) or other utility service shall be terminated for nonpayment of service fees or charges in accordance with sections 15-103:104. (Code 2008)
15-103. NOTICE; HEARING.
(a) If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the City Clerk within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall be mailed to the occupant of the premises if the occupant and the customer are not the same person.
(b) The notice shall state:
(1) The amount due, plus delinquency charge;
(2) Notice that service will be terminated if the amount due is not paid within 10 days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to pay the charges;
(3) Notice that the customer has the right to a hearing before the designated hearing officer;
(4) Notice that the request for a hearing must be in writing and filed with the City Clerk no later than close of business on the fifth day from the date of the notice, unless that date shall be on a Saturday, Sunday, or legal holiday, in which event such notice will give the consumer until the close of the next business day in which to file the request.
(c) Upon receipt of a request for hearing, the City Clerk shall advise the customer of the date, time and place of the hearing, and that the customer shall have an opportunity to appear at such hearing in person or by attorney.
(d) The hearing shall be held on the fourth Thursday of each month at City Hall at the time specified by the Hearing Officer.
(1) The Hearing Officer Position shall be held by an individual Council Member each month, the council, at its discretion, will determine the appointment scheduled of its members.
(2) The appointed Hearing Officer shall notify the City Clerk the time at which the meeting will occur on the fourth Thursday of the month they are serving.
(3) Hearings shall only be granted for legitimate disputes over billing amounts or financial hardship issues.
(4) Utility customers shall be granted no more than 1 hearing per 3 month cycle.
(Ord. 2011-04)
15-104. SAME; FINDING.
(a) Following the hearing, the Hearing Officer shall indicate his/her findings concerning the delinquent account on the Water Hearing Record Form.
(1) If the Hearing Officer shall find that service should not be terminated, the agreed upon payment schedule shall be indicated on the Water Hearing Record Form, which shall be signed by both the Hearing Officer and the customer.
(2) If the Hearing Officer finds that the customers billing was in error and an adjustment to the balance due is required, the adjustment payment schedule shall be indicated on the Water Hearing Record Form, which shall be signed by both the Hearing Officer and the customer.
(3) If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the Hearing. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good course, to grant an extension, not to exceed 10 days, for the termination of such service.
(b) Upon conclusion of the Hearing, the Water Hearing Record Form shall be presented to the City Clerk so the appropriate action on the customer’s account may be taken.
(c) The customer can appeal the decision made by the Hearing Officer before the entire council at the next council meeting. (Ord. 2011-05)
15-105. UTILITY SERVICE FEE.
(a) Each new customer making application for utility service shall pay a non-refundable fee of $50 for water, sewer, trash and applicable tax. (Ord. 2000-06, Sec. 2; Code 2008)
15-106. DELINQUENT ACCOUNTS; REFUSAL OF SERVICE; TERMINATION OF SERVICE; LIEN AGAINST PROPERTY.
(a) In the event that any person, except the United States or the state of Kansas, shall fail to pay the fees or charges for such utility services(s), utility service shall be terminated as provided in sections 15-102:104. The governing body may refuse the delivery of utility service(s), as permitted by law, until such time as the fees and charges are paid in full.
(b) In the event that any person, except the United States or the state of Kansas, residing, occupying, using or operating on property to which utility service(s) furnished by the city is not paid, the unpaid fees or charges shall constitute a lien upon the property to which the utilities are furnished. The amount of the unpaid fees or charges shall be certified by the governing body to the county clerk of the county in which the property is located, to be placed upon the tax roll for collection, subject to the same penalties and collected in the same manner as other taxes are collected by law.
(c) The lien, described in subsection (b) of this section, shall not attach to property for unpaid utility fees or charges when the utility service(s) have been contracted for by a tenant and not by the landlord or owner of the property to which the utility service is provided.
(d) If at the time of application for utility service the applicant has an outstanding balance or unpaid fees or charges for utility services provided by the city, the application shall not be accepted until all fees or charges are paid in full.
(e) If utility service is furnished to leased premises on the application and request of the lessor of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the lessor, and the lessor shall be fully liable for the cost of service furnished.
(Code 2008)