As used in this article, the following definitions shall apply:

(a)   Customer - shall mean the utility service account holder of record, which shall always include the owner of the property.

(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 water service and sanitary sewer service.

(Code 2016)

(a)   The city may discontinue or refuse a particular utility service to any customer, without notice or hearing, for any of the following reasons:

(1)   When the customer so requests;

(2)   When it is determined by an employee of 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 a particular utility service to any customer, whether at the property where unpaid service was provided or any other property owned or occupied by the customer subsequent to the unpaid billing period, following compliance with the notice and hearing requirements of section 15-1A04, for any of the following reasons:

(1)   Nonpayment of utility bills and charges as provided in section 15-1A04.

(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 a particular 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 after such hearing the hearing officer finds In favor of the customer the hearing officer may order connection or reconnection of the service 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.

(Code 2016; Ord. 23-04; Code 2025)

Utility billings shall be mailed on approximately the 3rd day of each month for the previous month serviced. All billings for utility services shall be due and payable at the office of the city clerk upon receipt and must be paid in full not later than the 27th day of the month. Should the 27th day fall on a weekend or holiday then the due date shall be the following Monday or non-holiday. Payment for utility service not received prior to the 27th day of the month, weekend or holidays excepted, shall be delinquent. A delinquent charge of fifteen percent (15%) will be added to each delinquent utility bill.

(Code 2016; Ord. 18-01)

(a)   An account delinquency and service discontinuance notice shall be issued in writing following delinquency 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 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.

b)    The notice of account delinquency and service discontinuance 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 charge.

(4)   Notice that utility service shall be terminated upon failure to pay the delinquent billing within ten (10) days of the date of the mailing of the notice or the day following the hearing, whichever last occurs.

(5)   Notice that the customer has the right to appear and be heard at a hearing on the hearing date set by the city.

(6)   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)   Any utility customer receiving a notice of account delinquency and service discontinuance shall have the right to a hearing prior to disconnection. The hearing shall be held not less than five days after the request made by the customer. The governing body shall appoint the city clerk, the city utility superintendent, or such other suitable person or persons to conduct such hearing. At such hearing, the customer and the city shall each have the right to present such evidence as is pertinent to the issue, may be represented by counsel, and may examine and cross-examine witnesses. Formal rules of evidence shall not apply. The hearing officer(s) shall promptly make his or her findings and shall enter bis or her order accordingly. Unless otherwise ordered by the bearing officer, utility service shall be discontinued the date after the date that the order of discontinuance is issued by the hearing officer. Extension 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 hearing officer’s order shall be filed by the city clerk, and a copy thereof shall be provided to the customer in the same manner as set forth in subsection (a) above.

(Code 2016; Ord. 18-01)

City utility departments are hereby authorized to discontinue and disconnect utility services to any customer pursuant to the procedure set out in this article. Customers shall remain responsible for refurnishing the city with the correct address for billing purposes.

(Code 2016)

In the event any person shall neglect, fail or refuse to pay within 10 days following notice of discontinuance the utility billings due the city, such 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 Jefferson 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. A lien shall not attach to the real property served by the connection to the utility services provided above when that utility service has been contracted for by a tenant and not by the landlord or owner of the property for which service is provided.

(Code 2016)

Owners and occupants of leased premises served by the utilities furnished by the city are jointly liable for payment of the cost of any utilities furnished by the city to such premises, whether such utility service is furnished upon the application and request of the owner or the lessee of the premises. The owner of any leased premises, or the owner’s agent if leasing is through an agent, shall be notified of the delinquency of the occupant of the leased premises in the same manner as notice is provided to customers pursuant to section 15-1A04 and at the same time of notice to the lessee-customer.

(Code 2016)

Prior to reconnecting a utility service disconnected pursuant to section 15-1A02 or 15-1A04, the customer shall pay to the city the entire balance due and owing to the city at the time of reconnection together with a reconnection charge which shall be established by a vote of the governing body and listed on the most current Fines, Fees, and Bonds Schedule. Additionally, the customer shall be required to provide a deposit in an amount established by the most current Fines, Fees, and Bonds Schedule.

(Code 2016)

(a)   At the time of making application for utility service, the property owner or customer shall make a cash deposit to secure payment of accrued bills or bills due on discontinuance of service. Receipt thereof shall be issued to each such depositor.

(b)   The deposit(s) required by subsection (a) shall be established by vote of the governing body, passed by ordinance and listed on the most current Fines, Fees and Bonds Schedule and shall not exceed an amount equal to the expected average bill for a three month period for such utility service(s). At its discretion, the city may require a single utility deposit to be paid by the property owner or customer. If a single deposit is requested, the total amount of the deposit shall not exceed an amount equal to the expected average bills for a three month period for all such utility services provided by the city.

(c)   The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated as the “utility deposit fund”.

(d)   Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt thereof together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto or it may be credited towards the payment of the final bill rendered to the customer.

(e)   Any security deposit not refunded within three years after discontinuance of service shall be deposited in the utility fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(Code 2016)

(a)   Each new customer making application for utility service shall make a cash deposit to the city to serve as a guaranty for the payment of service thereafter furnished to the customer’s premises.

(b)   The deposit(s) required by subsection (a) shall be established by vote of the governing body, passed by ordinance and listed on the most current Fines, Fees and Bonds Schedule and shall not exceed an amount equal to the expected average bill for a three month period for such utility service(s). At its discretion, the city may require a single utility deposit to be paid by the property owner or customer. If a single deposit is requested, the total amount of the deposit shall not exceed an amount equal to the expected average bills for a three month period for all such utility services provided by the city.

(c)   In the event that utility service shall be disconnected or discontinued for failure to pay any bill due the city for such utility, such cash deposit shall be applied as a credit against all amounts due from the customer to the city, and if there shall remain any surplus of such deposit, the same shall be returned to the customer.

(d)   Deposits collected pursuant to this article shall be governed by the provisions of K.S.A. 12-822 as amended.

(Code 2016)