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

(Code 2014)

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.

(Code 2014)

(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 before the 21st of each month unless the 21st falls 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 the 3rd Monday of the month by 4:00 p.m.

(c)   Upon receipt of a request for hearing, the city clerk shall advise the customer that the City Council will review their request on the 3rd Monday of the month at 7:00 p.m. at the regular Council meeting.

(Code 2014)

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 a right, for good cause, to grant an extension, not to exceed 10 days, for the termination of such service.

(Code 2014)

(a)   Connection fee.

(1)   A non-refundable connection fee of $50.00 total shall be charged at the time a customer requests and is granted water, sewer, solid waste, or any combination thereof.  The full amount of the connection fee shall be paid to the City Clerk before any service connection shall be made.

(2)   If a customer requests a temporary suspension to any utility, a $25.00 fee will be required to reinstate the utility.

(3)   No connection or reinstatement shall be made for any customer who owes an unpaid balance to the city for prior or existing service at any location.

(b)   Transfer and transfer fee.

(1)   Should an existing customer move to another address in the City’s service area, utilities may be established at the new address without paying the full connection fee provided the following are met:

(A)  The customer cannot have been disconnected due to failure to pay during the past 24 months;

(B)  The customer must have a good payment record which is defined as no more than one late payment in a 12 month period;

(2)   A transfer fee of $25.00 will be required to transfer the utilities.

(3)   Connection fees cannot be transferred from one customer to another.

(4)   Service at the previous address must be closed out or transferred within 60 days.  If the prior service is still in effect after 60 days, full connection fees will be assessed to the new address account.

(Code 2014; Ord. 479)

(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)   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.

(c)   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.

(K.S.A. 12-808c; Code 2014)