As used in this article, the following definitions shall apply:
(a) Customer shall mean the utility service account holder of record.
(b) Person shall mean natural persons and all corporations, partnerships, associations, and all other types and kinds of organizations, and entities, without limitation.
(c) Utility Services shall mean sanitary sewer service, water service, and trash hauling.
(Ord. 516; Code 2013)
15-102. Discontinuance of utility services.
(a) The City may discontinue or refuse all utility service to any customer, without notice of hearing, for any of the following reasons:
(1) When the customer so requests.
(2) When it is determined by the City Utility Department, Fire Department, or Police Department that the continuance of a particular utility service constitutes a dangerous condition presenting a likely immediate threat to health or safety of persons or to property on or near the customer’s premises.
(b) The City may discontinue or refuse all utility service to any customer, following compliance with the notice and hearing requirements of Section 15-104, for any of the following reasons:’
(1) Non-payment of utility bills and charges as provided in Section 15-104.
(2) When the customer misrepresents his or her identity or otherwise intentionally provides false information for the purpose of obtaining utility services from the City.
(c) The City may discontinue or refuse any utility service to any customer, following notice to the customer, for any of the reasons set out in this subsection. The customer shall have the right to a hearing within a reasonable time, not to exceed 10 days, following termination or refusal of service. If after such hearing the hearing officer finds in favor of the customer the hearing officer may order connection or reconnection at no cost to the customer.
(1) When the customer refuses to grant employees of the City’s Utility Department access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement.
(2) When the customer violates any rule, regulation or ordinance of the City pertaining to utility services, which violation adversely affects the safety of the customer or other persons, or the integrity of the City’s utility services/delivery system.
(3) When the customer attempts, causes or permits unauthorized interference, diversion, theft, tampering, damage or use of utility services or the utility services’ delivery system situated or delivered on or about the customer’s premises.
(Ord. 516; Code 2013)
(a) Utility billings shall be mailed on approximately the 1st day of each month for the previous month serviced. All billings for utility services shall be due and payable at the City Office on the 10th day of the month and must be paid in full by the 25th of the month. Failure to make payment before the 25th day of the month shall result in the mailing of an account delinquency and service discontinuance notice.
(Ord. 516; Code 2013)
(a) An account delinquency and service discontinuation notice shall be issued in writing on the 25th day of the month with respect to any delinquent and unpaid utility service bill. Notice shall be sent by U.S. mail, first class, to the customer (and a copy also sent by U.S. mail, first class, to the occupant of the premises served if the occupant of the premises served if the occupant is not the customer) at the last known address of the customer as shown on the records of the City. Written notice may also be provided by personal service upon the customer by an employee of the City Utility Department, or by any City law enforcement officer, or by such City posting the written notice upon a door of a building upon the property serviced.
(b) The notice of account delinquency and service discontinuation shall provide the following information:
(1) Name of customer and address where service is being provided.
(2) Account Number.
(3) Amount past due plus delinquency charges.
(4) Notice that utility services shall be terminated upon failure to pay the delinquent billing plus delinquency charges within 10 days of the date of the mailing(s), delivery, or posting of the notice, as hereinbefore authorized.
(5) Notice that the customer has the right to appear and be heard at a hearing, the request for which must be made by the customer in writing, no later than three (3) working days before the date of discontinuance. Such hearing will be conducted by the City Clerk, or the designee of the City Clerk.
(c) The notice of account delinquency and service discontinuation shall be substantially in the following form:
NOTICE OF ACCOUNT DELINQUENCY AND SERVICE DISCONTINUANCE TO: ________________ your (sanitary sewer and/or water and/or trash) bill in the amount of $_____ which was due the __ day of _____, _____ , remains unpaid and is now delinquent. The delinquency charges added to your bill is $_____. You are hereby notified that the City intends to terminate your services on the __ day of _________, ____ , at _____:00 (a.m./p.m.), unless you pay the amounts due as above stated or unless good cause be shown why such service should not be terminated for non-payment of charges. You have the right to appear and be heard at a hearing to be conducted by the City Clerk, or designee of the City Clerk, provided your written request for a hearing is made no later than three (3) working days before the date of discontinuance, and in such event the City Clerk, or designee of the City Clerk, shall schedule such hearing as soon as is reasonably possible. Dated the __ day of ___________, _______, City of Plains, Kansas. By _________________.
(d) Any utility customer receiving a notice of account delinquency and service discontinuance who requests in writing a hearing no later than three (3) working days before the date of discontinuance, along with the City, shall have the right at such hearing to present such evidence as is pertinent to the issue, may be represented by counsel, and may examine and cross-examine witnesses, however, formal rules of evidence shall not be followed. In the event the City Clerk, or designee of the City Clerk, finds utility service(s) should be discontinued, the City Clerk, or the designee of the City Clerk, conducing such hearing shall so order and advise an employee of the City Utility Department to discontinue service. Unless otherwise ordered by the City Clerk, or the designee of the City Clerk, utility service(s) shall be discontinued on the date that the order of discontinuance is issued by the City Clerk, or the designee of the City Clerk. Extensions of the date of discontinuance may be granted to enable the customer to make arrangements for reasonable installment payments, or for other good cause shown. The customer shall be given notice of order of discontinuance in person, or by certified mail. In making a determination of whether discontinuance should be ordered, the City Clerk, or the designee of the City Clerk, shall consider, but not be limited to the following factors: Whether discontinuance is dangerous to the health of the customer, the customer’s family or any other residents of the premises affected; the weather; unforeseen financial hardship of the customer; and the medical conditions, ages, or disabilities of the customer, the customer’s family, or other residents of the premises.
(Ord. 516; Code 2013)
(a) City Utility Departments are hereby authorized to discontinue and disconnect all utility services to any customer for non-payment of any utility billings pursuant to the procedure set out in this article. Customers shall remain responsible for furnishing the City with the correct address for billing purposes.
(Ord. 516; Code 2013)
(a) In the event any person shall neglect, fail or refuse to pay within 10 days following notice of discontinuance, the utility billings shall constitute a lien upon the real property served by the connection to the utility service, and shall be certified by the City Clerk to the County Clerk of Meade County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.
(b) The lien described in subsection (a) shall not attach to property for unpaid utility fees or charges when:
(1) The utility service(s) have been contracted for by a tenant and not by the landlord or the owner of the property, or the agent of such person, to which the utility service is provided; or,
(2) The utility services are owed by the United States or the state of Kansas.
(c) 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.
(Ord. 516; Code 2013)
(a) Owners of premises served by utility service under this article shall be liable for payment of the costs of any utility service account delinquency arising from service provided to such premises, regardless of whether the utility service was furnished upon the application and request of the owner or lessee of the premises. This provision shall also apply when the premises are leased by or through an agent or other representative of the owner.
(b) In the event that a delinquency arises involving leased premises, in addition to the tenant, the owner or owner’s agent shall be notified in writing of the delinquency of the lessee by first class regular mail within 10 days after the billing to the lessee becomes delinquent. Notice shall be sufficient if mailed to the last known address of the owner or owner’s agent known to city personnel responsible for said mailing, after reasonable inquiry.
(c) If utility service is furnished to a leased premises on the application or 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.
(d) The city may collect the amount of the unpaid bill for utility services by any lawful means. Provided, however, that in no event may the city place a lien, as provided in subsection (b) of 15-106, on real estate of the lessor.
(Ord. 516; Code 2013)
(a) Late payment charges. All bills delinquent after the 25th day of the month of billing shall be subject to a 10 percent penalty.
(b) Reconnection charges. Prior to reconnecting a utility service disconnected following a delinquency, the customer shall pay to the City the entire balance due and owing to the City at the time of reconnection. The customer shall also pay a reconnection charge of $15.00 for reconnection of water service during regular City business hours, and in the event the service is reconnected after regular City business hours, an additional charge of $45.00 will be added to the amount due.
(Ord. 516; Code 2013)
(a) A new deposit shall be required for reconnection equal to the highest monthly billings during the prior 12 months plus $60.00.
(Ord. 516; Code 2013)