For the purpose of this ordinance, “utility services” shall include city-provided services for water, sewer and solid waste disposal.

(Ord. 492, Sec. 1; Code 2014)

(a)   No water from the City water supply shall be turned on for service into any premises or structure by any person unless application therefore has been made at the city office. Upon the filing of said application, the City shall cause to be installed a service line from the water main to the property line of the applicant and shall connect said line to the service line of the premises.

(b)   All water furnished by the City shall be measured by gallons. The City’s responsibility stops at the meter or curb stop. The customer shall be responsible for the care of the meter with the meter box or vault and the appurtenant connections and appliances installed upon his or her service connection for any accidental or willful injury thereof , whether by his own act, or that of others not in the employ of the City, and shall at all times when any meter is installed, protect said meter from freezing and from damage from heat, hot water or steam. In the event of any accidental or willful injury by frost or freezing of any meter or injury by hot water, heat or steam as aforesaid, the customer shall promptly notify the city office employees or city superintendent, who shall arrange to have the necessary repairs made and charge the cost of repairs to the customer.

(c)   Authorized employees of the City may enter upon any premises at reasonable hours for the purpose of reading the meter or servicing or inspecting meters or waterlines. Meters shall be installed in a location which will be easily accessible.

(d)   Meters shall be tested before being set and at any other time thereafter when they appear to be measuring incorrectly. If a test is requested by the customer and the meter is found to be accurate within 2%, the meter will be deemed correct and a charge of $50.00 will be made to the customer.

(e)   The quantity of water recorded by the meter shall be conclusive evidence on both the City and the consumer as the quantity to figure and the cost to the consumer, except when the meter has been found to be defective or has ceased to register. In such case, the quantity of water shall be determined by the daily registration shown by the meter when working properly.

(f)   It shall be unlawful for any person to break the seal of any meter to alter the register of the mechanism of any meter, to turn on any meter which has been turned off by the city or to make any outlet or connection in any manner so that water supplied by the City may be used or wasted without being metered. Violation of this section shall be an unclassified misdemeanor and result, upon conviction, in a minimum fine of $50.00 plus court costs and any costs of the city in repairing or correcting the meter.

(g)   No meter shall be removed or repaired except by employees or authorized agents or contractors of the City.

(h)   The City does not guarantee the delivery of water through any of its mains and connecting services at any time except and only when its mains, pumping machinery, and power service connection are in good working order and the supply of water is sufficient for the usual demands of its consumers.

(i)    The City reserves the right to interrupt water service for the purpose of making repairs or extensions to waterlines or equipment.

(j)    Water users shall prevent unnecessary waste of water and shall keep sprinklers, hydrants, faucets and all apparatus including the service line leading from the property to the meter in good condition at their expense. No allowance under any circumstances will be made for water used, lost or wasted through leaks, carelessness, neglect or otherwise after the same has passed through the meter.

(k)   The City reserves the right to restrict or prohibit the use of water and to specify the purposes for which it may be used whenever the governing body determines the public exigency so requires. Whenever the governing body determines that water used must be restricted or prohibited, it shall forthwith issue a proclamation of emergency through the news media and use other appropriate methods of making public the proclamation.

(l)    No person, firm or corporation shall make or permit to be made a cross connection whereby a private, auxiliary or emergency water supply other than the regular public water supply of the City may enter the supply or distribution system of the City of Inman.

(m)  The City Clerk or other designated employees shall figure all consumer bills and shall post all meter readings and amounts consumed in suitable record books; they shall likewise make out monthly bills and supervise collections. City utilities will be billed from the 16th of the month to the 15th of the following month and will be mailed to the customer during the last week of the month. City utility bills are due and owing from the 1st to the 10th of each month; a 10% penalty will be added to any utility bill payment received after closing on the 10th of the month. A grace period for payment will extend to the 25th day of the month at closing, after which time service will be terminated. If the 26th day of the month falls on a Saturday, Sunday or legal holiday, the customer will be given until the close of the next business day to pay the charges.  The exception to this would be if the Monday following the 26th is the last day of the month. In that case, the following Monday would be the date of termination of service. Before service is resumed, the customer will pay a $25.00 reconnect fee and all sums and penalties then due and owing.

(Ord. 492, Sec. 2; Code 2014)

Owners or tenants of premises served by utility services under this chapter shall be required to apply for and carry such services in their name. A non-refundable connect fee of $50.00 will be charged at that time.

(Ord. 492, Sec. 3; Code 2014)

(a)   If a utility bill has not been paid on or before the due date, a delinquency and termination notice shall be issued by the city office within ten (10) days after the delinquency occurs and mailed to the customer applicant at the address provided to the city. A copy also shall be mailed to the owner of the property as provided below.

(b)   The notice shall state:

(1)   The amount due, plus delinquency charge;

(2)   Notice that service will be terminated if the amount due is not paid by closing time on the 25th day of the month unless the 26th day of the month shall be on a Saturday, Sunday, or legal holiday, in which event such notice will give the customer until the close of the next business day in which to pay the charges. The exception to this would be if the Monday following the 26th is the last day of the month. In that case, the following Monday would be the date of termination of service.

(3)   Notice that the owner has the right to a hearing before the designated hearing officer;

(4)   Notice that the request for a hearing must be in writing and filed at the city office no later than three (3) days prior to the date for termination of service.

(c)   Upon receipt of a request for hearing, the city office shall advise the customer of the date, time, and place of the hearing which shall be held within three (3) working days following receipt of the request.

(Ord. 492, Sec. 4; Code 2014)

Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such findings shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service two (2) days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her billing address and/or the premises, return receipt requested. However, if the order is made at the hearing in the presence of the customer, then no further notice need be given. The hearing officer has a right, for good cause, to grant an extension, not to exceed ten (10) days, for the termination of such service.

(Ord. 492, Sec. 5; Code 2014)

(a)   If service has been terminated to the premises for failure to pay the delinquent utility bill, no further utility services 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 of $25.00, are paid in full.

(b)   If the bill remains unpaid, and the customer owns the premises, the delinquent utility account charges shall constitute a lien upon the real estate served, and shall be certified by the city office 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. If the bill remains unpaid and the customer does not own the premises, the delinquent bill will be referred for collection.

(c)   Authorized employees of the city may enter upon any premises at reasonable hours for the purpose of reading meters, servicing or inspecting meters, waterlines, sewer lines, or trash carts.

(d)   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.

(Ord. 492, Sec. 6; Code 2014)

(a)   Owners of premises served by utility service under this chapter 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 15-106, on real estate of the lessor.

(Code 2014)