For purposes of this article utility services shall include water and sewer and other utility services provided by the city.

(Ord. 436; Code 2024)

The utility bills to consumers for water and sewer maintenance fees shall be due and payable by the tenth of each month. A penalty of ten percent (10%) will be added to any utility bill not paid by the tenth of the same month, and interest shall accrue thereon if not paid by the tenth day of the following month at the rate of twelve percent (12%) per annum.

(Ord. 436)

Any utility disconnected or discontinued for nonpayment of delinquent utility bills shall be reconnected only upon payment of the delinquent bills, interest and penalty thereon, and the sum of ______ for water service, and such reconnection shall be made between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday.

(Ord. 436)

The city may discontinue or refuse utility services to any customer for any of the following reasons:

(a)   When the customer requests.

(b)   When a dangerous condition exists on the customer’s premises as determined by the Utility Superintendent.

(c)   When the customer misrepresents his or her identity for the purpose of obtaining utility services.

(d)   When the customer refuses to grant the City’s utility services personnel access to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance or replacement.

(e)   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.

(f)   When the City complies with the notice requirements and procedure for non-payment of bills provided in Section 15-105.

(Ord. 436)

(a)   In the event that any statement of charges for utility services shall remain unpaid in whole or in part after the tenth day of the month in which the unpaid statement was due, it shall be the duty of the City Clerk to mail immediately to the customer, at the last known address as shown on the City records, a notice of delinquency and discontinuance.

(b)   The notice of delinquency and discontinuance shall provide the customer with the following information:

(1)   The amount due plus delinquency charge and interest;

(2)   The type of utility service;

(3)   The date on which utility services will be discontinued’ if the amount due is not paid, or if the customer fails to appear at a hearing on the hearing date set by the city.

(c)   The notice of delinquency and discontinuance shall be substantially in the following form:

NOTICE OF DELINQUENCY AND DISCONTINUANCE

To: ___________________________________

Your (water and/or sanitary sewer) bill, in the amount of $____ which was due _____________on date hereof, remains unpaid and is now delinquent.  The delinquency charge to be added to your bill is $_______ You are hereby notified that the City intends to terminate your service on ____________at ______o’clock am/pm, unless you pay the amounts due as above stated or unless good, cause be shown why such service should not be terminated.

You are further notified that you are to appear in the Mound City City Hall on the ____day of_______ at ______ o’clock a.m./p.m., then and there to show good cause, if any you have, as to why your above service should not be terminated for non-payment of charges and should you in any way fail therein, then you are notified that, immediately thereafter, such services will be cut off and terminated.

(d)   At the hearing the customer and the City may present such evidence as is relevant to the issue, be represented by counsel, examine witnesses, and cross-examine witnesses, PROVIDED, HOWEVER, that formal rules of evidence shall not be followed.

(e)   In the event the Mayor or such other hearing officer finds utility services should not be discontinued, he or she shall so order and advise the City thereof.

(f)   In the event the Mayor or such other hearing officer finds utility services should be discontinued, he or she shall so order and advise the City thereof. Utility services shall be discontinued on the date that the order of discontinuance is issued by the Mayor or such other hearing officer, PROVIDED, HOWEVER, that 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 customer shall be given notice of order of discontinuance in person, by mail or by posting said notice on the premises to which the utility service was provided.

(g)   In making a determination of whether discontinuance should be ordered, the Mayor or other such hearing officer 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 residents of the premises; the weather; and the medical conditions, ages or disabilities of the customer, family or residents of the premises.

(Ord. 436)

(a)   Each new customer making application for utility service shall make a cash deposit of $125 to the city to serve as a guaranty for payment of service thereafter furnished to the customer’s premises.

(b)   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.

(c)   The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated as the “meter deposit fund.” Interest shall be payable at the rate determined by the state corporation commission yearly and credited to the customer’s account January 1st of each calendar year.

(d)   On the second interest payment date following the deposit required above, the city clerk shall refund the deposit of any depositor who is owner of the premises wherein such utility service is being furnished and has not been delinquent in payment of any utility service charge during the past year. Interest due and accrued shall not draw interest.

(e)   Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt therefor 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.

(f)   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.

(Ord. 580; Code 2024)

(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 15-102:105. 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:

(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.

(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.

(K.S.A. 12-808c; Code 2024)

(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.

(K.S.A. 12-808c; Code 2024)