Utility bills are rendered on the fifth day of the month following the month of meter readings and are payable by the 20th day of the billing month. Any utility bill paid after the 20th of the month, will be assessed a late fee in the amount of ten (10) percent. The late fee may be amended from time to time by simple resolution, which shall be kept on file at all times with the city clerk.

(Ord. 315, Sec. 2:3; Ord. 399, Sec. 6; Code 2004; Ord. 689; Code 2019; Ord. 704)

In the event, that any utility bill remains unpaid after the last day of the billing month, water or other city utility service will be discontinued after a minimum of seven days prior notice of intent to discontinue service has been given. Written notice delivered to or attached to the place or residence of the user shall be deemed sufficient notice. In addition, any utility bill remaining unpaid after the last day of the billing month will also incur a non-payment fee of $25 for the first nonpayment per calendar year and a $75 fee each month thereafter. The non-payment fee may be amended or waived by the City Administrator for reasonable cause.

(Code 1985; Ord. 689; Code 2019; Ord. 704)

(a)   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 shall also 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 late payment charge

(2)   Notice that service will be terminated if the amount due is not paid by the due date listed on such notice.

(3)   Notice that the customer has the right to a hearing before the governing body or its designated representative.

(4)   Notice that the request for a hearing must be in writing and filed with the city clerk no later than the due date of the delinquency or termination notice.

(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 at the subsequent council meeting.

(Code 1985; Ord. 689; Code 2019; Ord. 704)

Following the hearing, if the governing body or representative shall find that service should not be terminated, then notice of such finding shall be presented to the utility superintendent. If the governing body 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 certified mail return receipt requested, to his or her last known address. However, if the order is made at the hearing in the present of the customer, then no further notice need be given. The governing body has a right, for good cause, to grant an extension, not to exceed 15 days, for the termination of such service.

(Code 2004; Ord. 689; Code 2019; Ord. 704)

(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.

(K.S.A. 12-808c; Code 2004; Code 2019)

(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. 310; K.S.A. 12-808c; Code 2004; Code 2019)

(a)   The City shall take readings from the master meter monthly.

(b)   Every manufactured home park consisting of more than four licensed lots having water supplied by the City of Towanda Water System shall have in place one master meter to measure total water usage.

(c)   Total utility costs shall be the responsibility of the park owner(s) and shall be billed by the City's Utility Department as such.

(d)   Billing Rates shall be set by resolution and may be amended from time to time.

(e)   The maintenance of all water and sewer infrastructure on the manufactured home park property shall be the responsibility of the park owner(s).

(Ord. 710)