For purposes of this article utility services shall include water, sewer, solid waste (refuse) and other utility services provided by the city.
(Code 2005)
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 this article.
(Code 2005; Code 2016)
All bills are due and payable on or before the 20th day of each month following and if not so paid a penalty of 10% (TEN percent) shall be added commencing the 21st day each month said bill is due or commencing the first business day after the 20th day of each month.
(Ord. 2010-15-228; Code 2016)
The City will mail reminder notices to those residents whose accounts have an outstanding balance of more than Ten dollars ($10.00). Said notices shall be mailed first class mail at their last known address. Said notices shall be mailed to the residents on the 21st of each month or the first business day following the 21st of each month.
The Notice as described herein shall state:
(a) The subject property whose account is delinquent;
(b) The amount due plus any delinquency charge;
(c) A notice that service will be terminated if the amount due is not paid by the second Tuesday of the following month, with a specific date provided;
(d) Notice to the individual(s) that should they disagree with the Notice of Delinquency/Termination, they have a right to request a hearing before the designated hearing officer/committee;
(e) Notice to the individual(s) that any request for hearing must be in writing and filed with the City Clerk of Nortonville, Kansas no later than three (3) days prior to the date designated for termination of service;
(f) That upon a proper receipt of a request for hearing, the City Clerk shall advise the individual(s) of the date, time and place for hearing which shall be held within three (3) working days following receipt of said request for hearing;
(g) That there shall be a twenty-five dollars ($25.00) reconnect charge once the service has been terminated and upon full payment of all past due amounts, late fees, late charges, disconnection fees, return check fees and/or reconnection fees associated with resident’s account, the City shall restore water services to the resident.
(Ord. 2010-15-228; Code 2016)
Should payment not be made before the last business day of the month after reminder notices are sent, said account shall become delinquent and the following fees shall apply:
(a) $10.00 (ten dollar) late charge applied to delinquent accounts with an outstanding balance of more than ten dollars ($10.00). Further, a letter shall be sent to said resident, by first class mail, to the residents last known address indicating said account is delinquent that if payment in full is not received by the second Tuesday of the following month, water services shall be terminated.
(b) If payment is not received by the second Tuesday pursuant to the notice, water services shall be terminated and a twenty-five dollar ($25.00) disconnect fee shall be added to said residents account.
(c) Upon full payment of all past due amounts, late fees, late charges, disconnection fees, return check fee and/or reconnection fees associated with resident’s account, the City shall restore water services to the resident.
(Ord. 2010-15-228; Code 2016)
If a hearing is timely and properly made in accord with this article, said hearing shall be conducted by a hearing officer or committee appointed by the City Commission of the City of Nortonville, Kansas. Following a hearing, should the hearing officer/committee find the City has not sustained their burden of proof, then notice of such finding shall be presented and filed by the City Clerk. Should the hearing officer/committee find that the City has sustained their burden of proof, then said hearing officer/committee shall issue an Order, filed with the City Clerk, finding that service shall be terminated five (5) days after said Order is filed. The individual(s) requesting said hearing shall be notified of the hearing officer/committee decision in person, if present at said hearing, or by certified mail, return receipt requested. If said Order is made at the hearing in the presence of the individual(s), no further notice need be given. The hearing officer/committee may grant a continuance of the requested hearing for a period not to exceed ten (10) days for good cause shown. If said hearings are conducted by a committee, then a simple majority rule shall apply to render an Order. The burden of proof shall be by a preponderance of the evidence.
(Ord. 2010-15-228; Code 2016)
Upon full payment of all past due amounts, late fees, late charges, disconnection fees, return check fee and/or reconnection fees associated with resident’s account, the City shall restore water services to the resident. The customer or duly authorized representative thereof, shall be present when service is reinstated. Should the customer or duly authorized representative not be present when service is reinstated, the City of Nortonville shall not be held responsible for any water loss or water damage caused by open water lines, line breakage or any other damage that may occur during reinstatement of service.
(Ord. 2010-15-228; Code 2016)
(a) New installations - Water. Charges for water connection to the City of Nortonville shall be Two thousand dollars ($2,000.00) for a ¾ inch tap. Charges for water connection to the City of Nortonville for taps larger than ¾ shall be Two thousand dollars ($2,000.00) plus any additional charges for materials.
(b) New installation - Sewer. Sewer connections to the City of Nortonville shall be One thousand dollars ($1,000.00) plus the cost of equipment for digging and attaching to the sewer, payable at the time of making application for the permit.
(c) Reconnect fee for disconnect services for late payment of services. Before the City of Nortonville, Kansas, shall make a reconnection of service for the disconnection of service due to late payment of services there shall be paid a fee to the City of Nortonville for said services at the rate of $25.00.
(d) Return check charge shall be Thirty dollars ($30.00).
(e) Home owners shall pay a deposit to have water service turned on/connected (existing meter) in the amount of One hundred dollars ($100.00). This deposit will be refunded to homeowners City utility account after the City has received 12 consecutive timely utility payments to the City. Interest per the Kansas Corporation Commission shall be applied to these accounts/deposits yearly starting the following January after the homeowner has moved in to the home.
(f) Renters shall pay a deposit to have water service turned on/connected (existing meter) in the sum of One hundred fifty dollars ($150.00). Interest per the Kansas Corporation Commission shall be applied to these accounts/deposits yearly starting the following January after the renter has moved in to the home. The deposit for renters shall be returned in the following manner. After the renter has moved out of the property, the deposit shall first be applied directly to the renter’s utility account. If there is any credit balance remaining, the same shall be delivered to the renter, via first class mail, at renters last known address.
(Ord. 2010-15-228; Code 2016; Ord. 2019-003)
The City will review the user charge system at least every two years and revise rates as necessary to ensure that the system generates adequate revenues to pay the costs of operation and maintenance including replacement and that the system continues to provide for the proportional distribution of operation and maintenance including replacement costs among users and user classes.
(Ord. 2010-15-228; Code 2016)
The City will notify each user at least annually, in conjunction with a regular bill, of the rate being charged for operation, maintenance including replacement of the treatment works.
(Ord. 2010-15-228; Code 2016)
(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 this article. 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.
(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 15-111, on real estate of the lessor.
(K.S.A. 12-808c; Code 2016)