CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 10. NON-PAYMENT AND TERMINATION OF SERVICE

(a)   All bills and accounts for water, sanitary sewer, and electrical utility services shall be due and payable by no later than the date shown on the bill or invoice (or, in the event no date is shown, by the 10th day of each calendar month). If full payment is not received by the due date, then such bill or invoice shall be delinquent, in which event a late payment fee of 10% shall be added to the delinquent bill and shall also be due and payable. If full payment, excluding the late payment fee, is not received within 10 days after the due date (or, the 20th day of each calendar month, if no due date is shown), then the city may disconnect or discontinue the applicable utility service in accordance with this article. The city shall provide a summary of the delinquency and termination procedures on the monthly bill or subsequent communications.

(b)   Any utility customer who is aged 65 years or older and dependent on Social Security may request that fees for late payment be waived. Such a customer must submit to the city clerk’s office a letter from the Social Security Administration stating the date on which the customer’s monthly payment is sent or scheduled to be received. If that date falls after the due date provided above, then the city may grant a waiver of such late payment fees; provided, that if full payment is not received within 10 days after the due date (or, the 20th day of each calendar month, if no due date is shown), then the city may still disconnect or discontinue the applicable utility service in accordance with this article.

(Ord. 954, Sec. 4)

(a)   If full payment, excluding the late fee, has not been received as provided in section 15-1001 above within 10 days after the due date (or, the 20th day of each calendar month, if no due date is shown), then the city may place a door hanger at the address for which service payment is delinquent, or otherwise provide the utility customer with written notice, advising that the applicable utility service may be disconnected or discontinued as set forth below.

(b)   If the city provides a disconnection notice, then an additional administrative fee, to be set by resolution of the governing body from time to time, shall be added to the delinquent bill and shall also be due and payable.

(c)   The disconnection notice shall indicate:

(i)    the amount due, including late fees and disconnection notice fees;

(ii)   that on the 12th day after the original due date (or, the 22nd day of each calendar month, if no due date is shown), the applicable utility service may be disconnected if full payment, including any late fees and administrative fees, is not received by such disconnection date;

(iii)  that the customer may request a due process hearing with a member of city staff authorized to administer and correct utility billing matters by filing a written notice with the city clerk’s office, during the city office’s regular business hours, by no later than 8:00 am on the termination date indicated in the notice.

(d)   If no hearing is timely requested, then the city may immediately disconnect the applicable utility service. If a timely request for a hearing is received, then the city shall schedule the hearing within three (3) business days thereafter. The applicable utility service shall not be disconnected prior to the date of the hearing. At the hearing, the customer shall have a reasonably opportunity to be heard by the city, the customer and the city may present such evidence as is pertinent to the issue, and they may be represented by counsel, but formal rules of evidence shall not be followed.

(e)   If the city disconnects the applicable utility service, then service shall not be reconnected unless and until the customer pays the full amount of any outstanding bills, including late fees and administrative fees, and an additional reconnection fee, to be set by resolution of the governing body from time to time.

(Ord. 954, Sec. 4; Code 2016)

Notwithstanding the foregoing, it is the policy of the city that disconnection for non-payment of utility bills will be postponed until the outside temperature is above 32 degrees Fahrenheit for one continuous 48-hour period.

(Ord. 954, Sec. 4)

Notwithstanding the foregoing, utility customers with proven life supporting medical needs or equipment may receive allowed two (2) medical extensions from disconnection per year, in accordance with the following requirements:

(a)   In each request for a medical extension, the customer must have requested a disconnection hearing in accordance with section 15-1002 above, and specified therein that a request for a medical extension is being made.

(b)   Within 10 days after the hearing request, the customer must submit a letter to the city signed by a licensed physician in the State of Kansas, and dated within such 10-day period, stating that the customer has been prescribed the use of life preserving medical equipment and that the disruption of the applicable utility service will be life threatening. Notwithstanding the date of the hearing, the applicable utility service shall not be disconnected prior to the date on which such letter must be received. If the letter is not received within such 10 days, then the city may disconnect the applicable utility service.

(c)   If a valid letter is timely received, then the city shall grant an extension for a period not to exceed 30 days after the date the applicable utility could otherwise have been disconnected. If full payment of the applicable utility bill, including late fees and administrative fees, is not received by the extension date, then the city may disconnect or discontinue the applicable utility service without further notice.

(d)   If the city disconnects the applicable utility service, then service shall not be reconnected unless and until the customer pays the full amount of any outstanding bills, including late fees and administrative fees, and an additional $25.00 reconnection fee.

(Ord. 954, Sec. 4)