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 include water, electrical, sewer, and the collection or disposal of refuse, trash, garbage and other solid waste and other utility services provided by the city.
(d) Past due balance shall mean the customer’s total account balance less current charges.
(Ord. 640; Code 2019)
(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 Police Department that the continuance of a particular utility service constitutes a dangerous condition presenting a likely 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 15-105 for any of the following reasons:
(1) Nonpayment of utility bills and charges as provided in Section 15-105.
(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 ten 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 refuses 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 or 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 services delivery system.
(3) 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.
(Ord. 640; Code 2019)
(a) Each customer making application for an account for utility service shall make a deposit in advance with the City Clerk in the amount equal to the expected average bill for a three month period for such utility services or $250.00, whichever is the lower; except that homeowners making application for utility service shall make a deposit in advance with the City Clerk in the amount equal to the expected average bill for a three month period for such utility services or $150.00, whichever is the lower. This deposit shall serve as a guaranty for payment of service thereafter furnished to the premises.
(b) If the new utility customer has established at least one year of prior satisfactory payment history with the City of Haven, or can provide a verified statement from another gas, water, or electrical utility that said customer has a history of satisfactory payment, no deposit will be required. A satisfactory payment history, as used in this article shall mean the customer has a payment record of at least twelve consecutive monthly billings with no more than one late payment.
(c) Such deposit shall be applied as a credit against all amounts due from the customer to the city in the event that utility service has been disconnected or discontinued for failure to pay any bill due the City for such utility AND either the utility has been given notice that the customer has vacated the premise, by the customer or the landlord, OR the utility has received no communication from the customer within fifteen days of disconnection. If there shall remain any surplus of such deposit, the same shall be returned to the customer.
(d) The deposit so made shall remain on deposit earning interest at the rate annually established by the Kansas Corporation Commission as the minimum interest rate to be paid by utilities on customer security deposits. Interest shall be payable yearly and credited to the customer’s account in January of each calendar year.
(e) The City Clerk shall refund the deposit of any depositor who is account holder of record for the premises wherein such utility service is being furnished and has not been delinquent in payment of any utility service charge during the past twelve consecutive months.
(f) Upon the discontinuance of service at the request of the depositor, the deposit shall be refunded 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.
(g) 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. 640; Code 2019)
Utility billings shall be mailed by the 15th day of each month for the previous month’s service. All billings for utility service shall be due and payable at the office of the City Clerk by the 4th day of the subsequent month and must be paid in full by the 10th day of the month. Failure to make payment before the 11th day of the month shall result in the mailing of an account delinquency and services discontinuation notice. Any written pay arrangements signed by the account holder and City Office staff supersede the account delinquency and services discontinuation notice.
(Ord. 640; Code 2019)
(a) An account delinquency and service discontinuance notice shall be issued in writing on approximately the 12th day of the month with respect to any delinquent and unpaid utility service bill. Notice shall be sent by U.S. Mail, first class, to the customer, at the last known address of the customer shown on the records of the City. Written notice may also be provided by personal service upon the customer by an employee of the City Utility Department or by any City law enforcement officer or by such city employee posting the written notice upon a door of a building upon the property served.
(b) The notice of account delinquency and service discontinuance shall provide the following information:
(1) Name of customer and address where service being provided.
(2) Account number.
(3) Amount past due, including the delinquency charge.
(4) Notice that the utility service shall be terminated, subject to the outcome of any hearing, as mentioned in subsection (b)(5), upon failure to pay the delinquent billing plus delinquency charges within ten (10) days of the date of the mailing of the notice, usually around the 22nd of the month;
(5) Notice that the customer has the right to appear and be heard at a hearing date set by the City.
(c) Any utility customer that has not established written pay arrangements signed by the Account Holder and City Office staff or paid the past due balance by the hearing date will have their utility services terminated. In all arrangements, the customer shall pay monthly no less than the total of current charges plus 1/11th of the past due balance at the time of signing the arrangement.
(d) Failure to adhere to written pay arrangements will result in termination of services without further notice and revoke the customer’s privilege to make pay arrangements with the City. This means in order to then be reconnected the customer would have to pay all charges posted to his or her account, including any reconnect fee.
(e) Agreements for payment may only be made in writing. In no case will bills be allowed to go unpaid beyond the tenth day of the month following the billing month. Failure to pay according to an agreement will result in shutoff as written pay arrangements signed by the account holder and City Office staff always supersede any account delinquency and service discontinuance notice. Attempts to further extend agreements will not be allowed.
(f) At the utility hearing, the applicant customer and the City shall have the right to present such evidence as is pertinent to the issue, may be represented by legal counsel and may examine and cross examine witnesses, however formal rules of evidence shall not be followed. The hearing shall be conducted by such Hearing Officer as may be appointed by the Mayor with the consent of the governing body. In the event the Hearing Officer finds utility services should not be discontinued, the Hearing Officer shall so order and advise the City thereof. In the event the Hearing Officer finds utility services should be discontinued, the Hearing Officer shall so order and advise the City thereof. Unless otherwise ordered by the Hearing Officer, utility services shall be discontinued on the date that the order of discontinuance is issued by the Hearing Officer. The customer shall be given notice of the order of discontinuance in person, via door hanger, or by U.S. mail. In making a determination of whether discontinuance shall be ordered, the Hearing Officer shall consider but not be limited to the following factors: Whether discontinuance is life-threatening to the customer, the customer’s family or any other residents of the premises affected; and the weather. In regard to weather, services shall remain on until the current temperature and forecasted overnight temperature are above 35 degrees.
(Ord. 640; Code 2019)
City utility departments are hereby authorized to discontinue and disconnect utility services to any customer pursuant to the procedures set out in this article. Customers shall remain responsible for furnishing the City the correct address for billing purposes.
(Ord. 640; Code 2019)
(a) In the event any customer shall neglect, fail or refuse to pay within then (10) days following notice of discontinuance, the billing and delinquency charges due the City, such billing and charges shall constitute a lien upon the real property served by the connection to the utility services and shall be certified by the City Clerk to the County Clerk of Reno 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 collectable.
(b) A lien shall not attach to property for unpaid utility fees or charges, when the utility service has been contracted for by a tenant and not by the owner of the property to which such service is provided.
(c) Except as provided by Section 15-102, the City shall not refuse to contract with a tenant for provision of utility services to property occupied by such tenant. The City shall not be required to contract with any person if such person has outstanding or unpaid charges for utility services provided by the City.
(Ord. 640; Code 2019)
(a) Late payment charges. All bills delinquent after the 4th day of the month of the billing shall be subject to a five percent (5%) penalty.
(b) Reconnection charges. Prior to reconnection of a utility service disconnected following a delinquency, the customer shall pay to the City 50% of the entire account balance and establish written payment arrangements for the remainder. In all arrangements, the customer shall pay monthly no less than the total of current charges plus 1/11th of the past due balance at the time of signing the arrangement. The customer shall also pay a reasonable charge of $50.00 RESIDENTIAL, $100.00 COMMERCIAL, for the reconnection of electrical services, $50.00 RESIDENTIAL, $100.00 COMMERCIAL, for reconnection of water services.
(Ord. 640; Code 2019)
(a) All Utility Meters which meter utility services provided by the city shall be installed in public ways and/or shall be readily accessible to city employees for repair, removal or reading.
(b) It shall be unlawful for any person to obstruct access to any meter by city employees.
(1) Maintaining a utility meter inside a house, basement, porch, or other structure shall be deemed “obstruction of access” as that phrase is used in this article.
(2) “Obstruction of access” shall not be limited to those circumstances described in this article but shall also include any activity by the utility customers which prevents city employees access to the meter.
(c) Any person convicted of violating the provisions of this section shall be deemed guilty of a misdemeanor and be fined in a sum not less than Twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). Each day such obstruction continues shall be a separate offense.
(Ord. 485; Code 2019)