As used in this chapter, 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 water, refuse and sewer.

(Ord. 353; Code 2018)

(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 pol ice- 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, 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 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. If 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 refused 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 of 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 service delivery system.

(3)   when the customer at tempts, causes or permits unauthorized interference, diversion, theft tampering, damage or use of utility services or the utility service delivery system situated or delivered on or about the customer’s premises.

(Ord. 353; Code 2018)

Utility billings shall be mailed by the end of the month for the previous month serviced. All billings for utility service shall be due and payable at the office of the city clerk. All billings for utility service must be paid in full by the 15th day of the month. Failure to make payment before the 16th day of the month shall result in additional late fees. The service disconnect day will be listed on the bottom of the utility bill and no further service discontinuation notice will be sent.

(Ord. 353; Code 2018; Ord. 2019-03)

(a)   A service discontinuance date shall be posted on the bill with respect to what day and time service discontinuance will be.

(b)   There shall be no more than two (2) extensions past the disconnect date granted per calendar year on a past due amount.

(c)   If a past due amount is still owed after the date and time listed on the water bill then services cannot be reconnected without first paying the whole balance due, including the current bill, and a reconnect fee as listed below.

(1)   For each calendar year

(A)  The first disconnection of the calendar year will be charged a fifty dollar ($50.00) reconnect fee.

(B)  The second disconnection of the calendar year will be charged a seventy-five dollar ($75.00) reconnect fee.

(C)  The third disconnection of the calendar year will be charged a hundred dollar ($100.00) reconnect fee.

(D)  Each disconnection of the calendar year thereafter will be charged an additional fee of twenty-five dollars ($25.00) consecutively of the last charge for a reconnect fee.

(Ord. 353; Ord. 453; Ord. 552; Code 2018; Ord. 2022-03)

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 furnishing the city with the correct address for billing purposes.

(Ord. 353; Code 2018)

(a)   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.

(b)   The lien, described in subsection (a) of this section, 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. 353; K.S.A. 12-808c; Code 2018)

(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 (a) of 15-106, on real estate of the lessor.

(Ord. 353; K.S.A. 12-808c; Code 2018)