For purposes of this article utility services shall include water, electrical, sewer, solid waste (refuse) and other utility services provided by the city.

(Code 2012)

(a)   Unless otherwise provided, water, electric, 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.

(b)   No payment shall be accepted on utility bills except for the full amount billed for all services.

(Ord. 832; Code 2012)

(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 three days prior to the date for termination of service.

(c)   Upon receipt of a request for hearing, the city clerk shall advise the customer of the date, time and place of the hearing which shall be held as soon as possible, but within 10 days following the receipt of the request.

(Code 2012)

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. 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 authority, for good cause and with the approval of the city administrator, to grant an extension or in the event of a water leak may grant an allowance up to one-half of the excess amount owed and adjust the sewer rate accordingly with proof that the leak has been fixed by a licensed plumber and that there are no indications of negligence by the customer or property owner.

(Code 2012)

All new accounts shall pay a connection fee in accordance with the city’s fee schedule. Landlords opening an account at a property previously occupied by a tenant with service shall not be charged the connection fee unless the service was disconnected. All accounts transferring to another property shall pay the transfer fee in accordance with the city’s fee schedule – the connection fee shall not apply unless service at the new location was disconnected and has to be reconnected.

(Code 2012)

(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. Under such conditions, the city may not place a lien upon the property of the landlord.

(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 2012)

For new accounts at an address that has an outstanding balance or has been disconnected, the customer must provide a copy of the lease or rental agreement and photo identification. If the customer’s name is associated with an unpaid balance from the past, the unpaid balance must be paid prior to establishing new service. After a termination, service will be restored only to customers identified in the lease or rental agreement and whose current and past accounts are paid in full. After termination of service for customers who own the property, new accounts will not be established to avoid paying the unpaid balance associated with the property.

(Code 2012)