For
purposes of this article utility services shall include water, sewer,
and the collection or disposal of refuse, trash, garbage and other solid waste
and other utility services provided by the city.
(Code 1990)
Unless
otherwise provided, water, 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 1990)
(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 within three working days following receipt of the request.
(Code 1990)
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 1990)
A
petty cash fund in the amount of $50 is established for the use of the city
utilities department, for the purpose of paying postage, freight, temporary
labor, and other emergency expenses, including refund of deposits made to
secure payment of accounts.
(Code 1990)
The
petty cash fund shall be deposited in the regular depository bank of the city
and paid out on the order of the city clerk by check which shall state clearly
the purpose for which issued.
(Code 1990)
Whenever
the petty cash fund becomes low or depleted, the city clerk shall prepare
vouchers covering expenses as have been paid from the petty cash fund and shall
submit such vouchers together with the paid checks to the governing body for
review and allowance of the amounts from the regular funds of the utilities. Warrants
issued therefor shall be payable to the petty cash fund and shall be deposited
therein to restore said petty cash fund to its original amount.
(Code 1990)
In
the event any person shall neglect, fail or refuse to pay within 10 days
following notice of discontinuance the utility billings and delinquency charges
due the city, such billings and charges 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 Butler 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.
(Ord. 444)