For purposes of this article utility services shall include water, gas, sewer, solid waste (refuse) and other utility services provided by the city.

(Ord. 150-1984-011, Sec. 1; Code 1990)

Unless otherwise provided, water, gas, 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 in writing by the city clerk on the 15th day of the month 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 of account delinquency and service discontinuance shall provide the following information:

(1)   The name of the customer and address where service is being provided;

(2)   The account number.

(3)   The amount due, plus delinquency charge;

(4)   Notice that service will be terminated if the amount due is not paid by the 25th day of the month unless the 25th 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;

(5)   Notice that the customer has the right to a hearing before the designated hearing officer;

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

LATE NOTICE.  We have not received payment on your current bill and a late penalty has been added to your account balance.  This notice reflects the past due balance.  Please give this notice your utmost attention and pay immediately.

       If you feel that you have received this notice in error, call the City of Hesston office.

       Please disregard this notice if payment has already been made.

CUT-OFF NOTICE.  Failure to pay the past due amount prior to 9:00 am on the 25th of this month will result in your utility services being terminated WITHOUT FURTHER NOTICE.  Reconnection of services will require payment of the entire past due amount, PLUS a $20.00 reconnection charge And an additional deposit.

(Ord. 150-1984-011; Sec 4; Code 2007)

Any utility customer receiving a notice of account delinquency and service discontinuance shall have the right to a hearing prior to disconnection.  At such 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 council and may examine and cross-examine witnesses, however formal rules of evidence shall not be followed.  The hearing shall be conducted by a hearing board appointed by the mayor, with the consent of the governing body.  In the event the hearing board finds utility service(s) should not be disconnected the hearing board shall so order and advise the city thereof.  Unless otherwise ordered by the hearing board, utility service(s) shall be discontinued on the date that the order of discontinuance is issued by the hearing board.  Extensions 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 customers shall be given notice of order of discontinuance in person, or by certified mail.  In making a determination of whether discontinuance should be ordered, the hearing board 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 any other residents of the premises affected; the weather; unforeseen financial hardship of the customer; and the medical conditions, ages or disability of the customer, the customer’s family or other residents of the premises.

(Ord. 150-1984-011, Sec. 4)

(a)   Each new business owner making application for utility service shall make a deposit based on anticipated usage and each non-owner of real property (tenants of apartments, mobile home owners, and renters) shall make a cash deposit in the amount set by the governing body to secure payment of accrued bills or bills due on discontinuance of service. Receipt thereof shall be issued to each such depositor.

(b)   Cash deposits for residential utility services shall be in the following amounts:

(1)   Gas Service - $100.00;

(2)   Water Service - $50.00;

(c)   The deposit so made shall be kept by the city clerk in a separate account and deposited in a fund designated as the “utility deposit fund.” Interest shall be payable at the rate determined by the state corporation commission yearly as a credit in the February 1st utility billing of each year. Interest accrued shall be payable in cash upon demand by the account holder depositing the same or it may be credited on the payment of any bill rendered; provided, that at the third interest payment date following the deposit required above, the city clerk may refund the deposit of any residential depositors who is the account holder wherein such water and/or gas service is being furnished and has not been delinquent in payment of any utility service charge during the past two years. Interest due and accrued shall not draw interest.

(d)   Upon the discontinuance of any service at the request of the depositor, the deposit shall be refunded upon surrender of the original receipt therefore together with the accrued interest thereon less any amount due and owing the city for services furnished prior thereto.

(e)   Any security deposit not refunded within three years after discontinuance of service shall be deposited in the water fund of the city upon compliance with the provisions of K.S.A. 12-822 as amended.

(Ord. 150-1987-016; Ord. 110-1987-048, Ord. 110-2011-072)

(a)   Owners of premises served by utility service under this article shall be liable for payment of the cost 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 the 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 a delinquency arises involving leased premises, 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.  If the delinquent billing, interest and penalty are not paid within 15 days of the mailing, the affected utility service may be discontinued and no further such service shall be furnished by the city to the premises until all billings for the utility service to said premises, interest, late payment charges and a reconnection charge, if applicable, is paid in full.

(Code 1990)

(a)   If utility service is furnished to leased premises on the application and 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.

(b)   Such charges shall constitute a lien upon the real estate served, and shall be certified by the city clerk to the county clerk, to be placed on the tax roll for collection, subject to the same penalties and collected in like manner as other taxes collectible by law.

(Code 1990)