As used in this article, the following definitions shall apply:

(a)   Utility services shall mean water service, sanitary sewer and refuse collection.

(b)   Persons shall mean natural persons and all corporations, partnerships, associations, and all other types and kinds of organizations and entities, without limitation. 

(c)   Owner shall mean the person in whose name a property is titled pursuant to the records of the Register of Deeds of the appropriate county.

(Ord. 1008; Code 1974, Chapter 13.24; Ord. 1039; Code 2014)

(a)   Owners of premises served by utility services under this ordinance 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, 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 become 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 leased premises on the application and request of the owner of the premises, then all billings for utilities furnished to such leased premises shall be made directly to the owner, and the owner 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.  In no event may the City place a lien on the real estate of the owner, except as may arise by operation of law.

(Ord. 1008; Code 1974, Chapter 13.24; Ord. 1039; Code 2014)

(a)   The City may discontinue or refuse a particular utility service to any owner, without notice or hearing, for any of the following reasons:

(1)   When the owner 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 presently a likely immediate threat to health or safety of persons or to property on or near the owner’s premises.

(3)   When the owner misrepresents his or her identity or otherwise intentionally provides false information for the purposes of obtaining utility services from the City.

(b)   The City may discontinue or refuse a particular utility service to any customer for any of the following reasons:

(1)   When the customer refuses to grant the employees of the city’s utility department access to equipment installed upon the premises of the owner for the purpose of inspection, meter reading, and 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 owner 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 utilities services or the utility services delivery system situated or delivered on or about the owner’s premises. 

(Ord. 1008; Code 1974, Chapter 13.24; Ord. 1039; Code 2014)

Utility billings shall be mailed the last business day of each month for the previous month serviced.  All billings for utility services shall be due and payable at the office of the city clerk on or before the 15th day of the month, or on the next business day if the 15th of the month shall fall on a weekend or holiday.  All bills unpaid after said due date shall be deemed delinquent.  After said due date, a penalty will accrue as provided in Section 15-605. 

(Ord. 1008; Code 1974, Chapter 13.24; Ord. 1039; Code 2014)

(a)   All bills delinquent after the 15th of the month of the billing shall be subject to a 10 percent late payment fee.

(b)   Reconnection Charges.  Prior to reconnecting a utility service disconnected following a delinquency, when reconnection is to take place during normal business hours of the City of Oakley, Kansas, the customer shall pay to the City the entire balance due and owing to the City at the time or reconnection.  In addition, the customer shall also pay a reconnection charge of $40, plus tax, for each service reconnected.

(c)   After Hours Reconnection Fee.  Prior to reconnecting a utility service disconnected following a delinquency, when reconnection is to take place outside of the normal business hours of the City of Oakley, Kansas, the customer shall pay to the City the entire balance due and owing to the City at the time of reconnection, and an after hour reconnection fee of $100, for each service reconnected.

(Ord. 1008; Code 1974, Chapter 13.24; Ord. 1039; Code 2014)

If utility service has been terminated to a customer for failure to pay the delinquent utility bill, no further utility services shall be furnished by the City to the customer until all billings for the utility services to said customer, interest, late charges, late payment charges, and reconnection fee have been in full. 

(Ord. 1008; Code 1974, Chapter 13.24; Ord. 1039; Code 2014)