For purposes of this article “utility services” shall include water, and sewer collection as provided by the city.
(Ord. 2012-3; Code 2023)
All utility service bills shall be due and paid at the Office of the City Clerk of Altoona, Kansas, City Hall, 715 Main Street, or by mail, P.O. Box 147; Altoona, Kansas 66710 on or before the end of business on the 10th day of the month following the month for which the service was billed. All bills unpaid after the due date shall be considered PAST DUE and subject to a $10.00 penalty. All bills not paid within five days of the-due date shall be considered DELINQUENT and subject to DISCONTINUATION OF SERVICE. Service for delinquent customers shall be discontinued if payment of all charges and penalties is not received according to this ordinance. Any property or customer with unpaid water service, sewer service, and/or residential solid waste service fees shall not be entitled to service until all items are paid in full which will include a $40.00 reconnection fee. Payment will only be accepted by the city clerk at the location described above.
(Ord. 2012-3; Code 2023)
Accounts are considered to be delinquent in accordance with section 15-102. Unless otherwise specified, water and sewer service shall be terminated for nonpayment of service fees or charges in accordance with section 15-104.
(Ord. 2012-3; Code 2023)
Unless otherwise specified, water utility service and sewer utility service shall be terminated for nonpayment of service fees or charges as follows:
(a) Notice: If a utility has not been paid on or before the due date as provided herein, the city utility billing clerk will provide notification of the delinquency to the delinquent account holder by regular mail at his/her last known address.
(b) Notice Contents. The notice shall state:
(1) Notice of delinquency
(2) Amount due plus delinquency charge
(3) Service will be terminated if the amount due is not paid by 12:30 p.m. on the 15th of the month unless that day shall be on a Saturday, Sunday or legal holiday in which event such notice will give the customer until 12:30 p.m. on the next business day on which to pay the charges.
(4) The customer/occupant/property owner has a right to a hearing before the city’s designated hearing officer; and
(5) The request for a hearing must be in writing on a Utility Bill Hearing Request form (which shall be available at the city office) and filed with the city clerk no later than three (3) days prior to the date of termination of service as stated in the notice.
(c) Hearing. Upon receipt of a request for a hearing, the city clerk shall advise the customer within 24 hours of the date, time and place of the hearing as well as the name of the hearing officer. This notice may be made by telephone and shall be followed by written confirmation.
(d) Hearing Officer. For the purpose of this ordinance, the hearing officer shall be the Altoona Council or other impartial person so designated by the city council.
(e) Rights of the Hearing Officer.
(1) Extension. The hearing officer has a right, for good cause, to grant an extension, not to exceed five (5) days for the termination of such services. Upon advice and consent of council this extension time may likewise vary for good cause.
(2) Repayment Schedule. The hearing officer has the right to establish a reasonable repayment schedule with the owner to include all late fees over a three (3) month period. Upon advice and with the consent of the Governing Body, this may vary for good cause.
(3) Misuse Fine. In order to prevent misuse of the right to hearing through frivolous complaints, the hearing officer has the right to levy an additional charge for the hearing which may be no less than $25.00 and no more than $100.00.
(f) Hearing Findings. Following the hearing, the hearing officer shall complete a utility billing hearing disposition form: If he finds that:
(1) Services should not be terminated, notice of such finds shall be presented to the city clerk with instruction as to repayment on the utility billing hearing disposition form.
(2) Services should be terminated, notice of such findings shall be presented to the city clerk. An Order to Terminate Utility Services form shall be issued by the city clerk to the Appropriate department superintendent terminating service five (5) days after the date of the hearing the customer shall be notified by mailing a notice of the Order to Terminate Utility Service to his/her last known address. However, if the order is made known at the hearing, in the presence of the customer/owner, then no further notice need be given to the party.
(g) Failure to Comply. The Hearing Order: In the event any person, firm, corporation or organization shall neglect, fail or refuse to pay the service charges fixed herein, such charges shall constitute a lien upon the real estate served by the connection to the water service, sewer service and/or residential solid waste service and shall be certified by the city clerk of the City of Altoona, Kansas, to the County Clerk of Altoona County, Kansas to be placed on the tax rolls for collection, subject to the same penalties and collected in like manner as other taxes are by law collectible.
(Ord. 2012-3; Code 2023)
(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) 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.
(Ord. 359; Code 2023)
(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 15-105, on real estate of the lessor.
(Ord. 359; Code 2023)