As used in this Chapter, the following words shall have the definitions set out herein:

CUSTOMER — The utility service account holder of record.

NON-PAYMENT OF A UTILITY BILL — A customer’s failure to pay the full amount of a utility bill for all of the City’s services provided to a customer.

PERSON — Natural persons and all corporations, partnerships, associations and all other types and kinds of organizations and entities, without limitation.

UTILITY BILL — A bill issued by the City monthly for all the City’s utility services provided to a customer.

UTILITY SERVICES — Water service, wastewater/sewer service, refuse service and wastewater management services.

(Prior Code 2016 §720.010; Ord. 2617; Code 2021)

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

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

(b)   The City may discontinue or refuse utility service to any customer, following compliance with the notice and hearing requirements of Section 15-104, for any of the following reasons:

(1)   Non-payment of utility bills and charges as provided in Section 15-104.

(2)   When the customer misrepresents his/her identity or otherwise intentionally provides false information for the purpose of obtaining utility services from the City.

(c)   The City may discontinue or refuse utility service to any customer, following notice to the customer, for any of the reasons set out in this Subsection. The customer shall have the right to a hearing within a reasonable time, not to exceed ten (10) days, following termination or refusal of service. If after such hearing the hearing officer finds in favor of the customer, the hearing officer may order connection or reconnection of the service at no cost to the customer.

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

(Prior Code 2016 §720.020; Ord. 2617; Code 2021)

Utility billings shall be mailed on approximately the last working day of each month for the City of Paola employees for the previous month serviced. All billings for utility services shall be due and payable at the office of the City Clerk on the fifteenth (15th) day of the month and must be paid in full by the tenth (10th) of the following month. Failure to make payment before the last working day of each month for City of Paola employees, shall result in the mailing of an account delinquency and service discontinuance notice.

(Prior Code 2016 §720.030; Ord. 2617; Code 2021)

(a)   On the next regular monthly billing date, an account delinquency and service discontinuance notice shall be issued in writing with respect to any delinquent and unpaid utility service bill. Notice shall be sent by U.S. mail, first class, to the customer at the last known address of the customer as shown on the records of the City. Written notice may also be provided by personal service upon the customer by an employee of the City Utility Department or by any City Law Enforcement Officer or by such City employee posting the written notice upon a door of a building upon the property serviced.

(b)   The notice of account delinquency and service discontinuance shall provide the following information:

(1)   Name of customer and address where service is being provided.

(2)   Account number

(3)   Amount past due plus delinquency charges.

(4)   Notice that utility service shall be terminated upon failure to pay all the delinquent billing plus all the delinquency charges within ten (10) days of the date of the mailing of the notice.

(5)   Notice that the customer has the right to appear and be heard at a hearing on the hearing date set by the City.

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

       NOTICE OF ACCOUNT DELINQUENCY AND SERVICE DISCONTINUANCE. Your (water, wastewater/sewer service, refuse service and wastewater management services) bill in the amount of $____ which was due _____, 20__ remains unpaid and is now delinquent.

       You are hereby notified that the City intends to terminate your service on ______ ___, 20__ at __:00 (A.M.), unless you pay the amounts due as above stated or unless good cause be shown why such service should not be terminated. You are further notified that you are to appear in the Paola City Hall on the ___ day of ______, 20__ at __:00 (A.M.), then and there to show good cause as to why your service should not be terminated for non-payment of charges. Should you fail to attend the hearing or fail to request at least twenty-four (24) hours prior to the above hearing date that the hearing be rescheduled, then you are notified that immediately following the hearing date such service or services shall be discontinued. Dated ____ __, 20__. City of Paola, Kansas. By: ________.

(d)   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 counsel, and may examine and cross-examine witnesses, however formal rules of evidence shall not be allowed. The hearing shall be conducted by the City Manager, or City Clerk, or Building Inspector or such other hearing office as may be appointed with the consent of the governing body. In the event the hearing officer finds utility services should not be discontinued, the hearing officer shall so order and advise the City thereof. In the event the hearing officer finds utility services should be discontinued, the hearing officer shall so order and advise the City thereof. Unless otherwise ordered by the hearing officer, utility services shall be discontinued on the date that the order of discontinuance is issued by the hearing officer. 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 customer 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 officer 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 disabilities of the customer, the customer’s family or other residents of the premises.

(Prior Code 2016 §720.040; Ord. 2617; Code 2021)

City Utility Departments are hereby authorized to discontinue and disconnect utility services to any customer pursuant to the procedure set out in this Chapter. Customers shall remain responsible for furnishing the City with the correct address for billing purposes.

(Prior Code 2016 §720.050; Ord. 2617; Code 2021)

(a)   Late Payment Charges. All bills delinquent after the fifteenth (15th) day of the month of the billing cycle shall be subject to a late penalty fee of ten percent (10%).

(b)   Reconnection Charges. Prior to reconnecting a utility service disconnected following a delinquency, the customer shall pay to the City the entire balance due and owing to the City at the time of reconnection and any applicable reconnection fees. The Governing Body from time to time may establish fees, hours and other such procedures related to reconnection of services as necessary. Such fees and procedures are to be adopted by motion and vote of the Governing Body.

(c)   Reconnection Fees:

(1)   During regular working hours: $25.00

(2)   After regular working hours: $70.00

(d)   Unauthorized Turn-On fee: Service restored without authorization or by damaging a lock that was placed on a meter will be charged $250.00.

(Prior Code 2016 §720.080; Ord. 2617; Ord. 2844; Ord. 2850; Code 2021; Ord. 3186)

(a)   Qualification. Residential units within the corporate limits of the City that meet the following requirements shall meet the definition of a qualified residential unit:

(1)   Are occupied by two (2) or fewer persons;

(2)   The person responsible for the household is sixty-five (65) years or older;

(3)   Have a total combined gross annual income of twenty thousand dollars ($20,000.00) or less for all residents living at the unit;

(4)   Provide proof of qualification to the City Clerk.

(b)   Rates.

(1)   Water rates. Qualified residential units shall have the metered volume rates and service charges “frozen” at the then current rates in effect for residential services as follows:

(A)  Future increases in metered volume rates and service charges associated with the construction of the Marais des Cygnes Public Utility Authority water treatment plant, as determined by the City Council, shall not be assessed to qualified residential units.

(B)  Service and volume charge increases associated to increased operational costs of the water plant, as determined by the City Council, shall be assessed to qualified residential units.

(2)   Sewer rates. Qualified residential units shall have the monthly service charges and volume charges “frozen” at the then current rates in effect for residential services as follows:

(A)  Future increases in service and volume charges associated with the construction of the wastewater treatment plant in 2005 — 2006, as determined by the City Council, shall not be assessed to qualified residential units.

(B)  Service and volume charge increases associated to increased operational costs, as determined by the City Council, shall be assessed to qualified residential units.

(3)   Trash rates. Qualified residential units shall be charged five dollars ($5.00) per month.

(Prior Code 2016 §720.090; Ord. 2911; Code 2021)