Chapter 15 · Utilities

Article 1. General Provisions

Sections 15-101 to 15-111 · 11 sections

15-101 Definition.

For the purposes of this article utility services shall include water, electrical, sewer, solid waste (refuse) and other services provided by the city.

(Ord. 1951, Sec. 1; Code 2010)

15-102 Delinquent accounts.

Unless otherwise provided, water, electric, sewer, solid waste (refuse) or other utility service shall be terminated for nonpayment of service fees or charges in accordance with section 15-103.

(Ord. 1951, Sec. 1; Code 2010)

15-103 Notice; hearing.

(a)If a utility bill has not been paid on or before the due date as provided in this chapter, a delinquency and termination notice shall be issued by the city within five days after the delinquency occurs and mailed to the customer at his or her last known address. A copy also shall 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 delinquency charge;

(2)Notice that service will be terminated if the amount due is not paid within ten days from the date of the notice unless the date on the notice to pay the charges due shall be on a Saturday, Sunday or legal holiday, in which event such notice will give the consumer until 8:00 a.m. of the next business day in which to pay the charges;

(3)Notice that the customer has the right to a hearing before the designated hearing officer.

(Ord. 1951, Sec. 1; Code 2010)

15-104 Adjustment of bills.

Administrative and Hook-up Errors. An adjustment, refund or back-billing shall be made for any overcharge or undercharge resulting from incorrect reading of the meter, incorrect application of the rate schedule, incorrect meter connection, or other similar reason.

(a)Overcharges. The amount of the overcharge will be refunded or credited to the customer. The time period for which the utility will adjust, refund, or credit the customer’s bill shall not exceed two years.

(b)Under charges. The bills will be recalculated back to a period not to exceed one year for commercial customers and a period not to exceed six months for residential customers. Back-billing will be completed within six months of the discovery of the error. If the back-billing creates customer hardship, a reasonable agreement to pay shall be offered.

(c)Illegal connections. This section does not apply to under charges caused by an illegal action or illegal hookup.

(Ord. 1951, Sec. 1; Code 2010)

15-105 Billing consolidated.

It is hereby deemed necessary by the governing body to consolidate its billing to utility customers in and upon one statement. The statement shall show clearly on the face thereof, the amount of the separate charge for each such utility service.

(Code 1975, 20-119; Code 1991, 14-221)

15-106 Billing; Area No. 1.

The city clerk shall bill all customers located in Area No. 1, on the 15th day of each month. Such bills shall be due and payable on or before the 27th day of the month following such billing.

(Code 1975, 20-122; Code 1991, 14-224)

15-107 Billing; Area No. 2.

The city clerk shall bill all customers located in Area No. 2, on the 31st day of each month. Such bills shall be due and payable on or before the 12th day of the month, following such billing.

(Code 1975, 20-123; Code 1991, 14-225)

15-108 Delinquent bills; reconnecting fee; Area No. 1.

Should any customer of water or electric service or both located in Area No. 1 fail, refuse or neglect to pay any bill on or before the 27th day of the month following such billing, a penalty of five percent of such bill shall be added. The city clerk shall notify in writing any customer who has filed, refused or neglected to pay any bill on or before the 27th day of the month following such billing, of the intention of the city to discontinue service unless the bill be paid within 10 days after the mailing of the notice. Should such customer fail to pay the bill or request a hearing within 10 days following such notice, the city shall disconnect such service or services. Before any such service or services may be restored, the customer shall pay all past due bills plus fees to cover the cost to the city in disconnecting and reconnecting such service or services. The fees for disconnecting and reconnecting services will be established by Resolution of the Governing Body of the City of Augusta, Kansas.

(Code 1975, 20-124; Ord. 1489, Sec. 2; Code 1991, 14-226)

15-109 Delinquent bills; reconnecting fee; Area No. 2.

Should any customer of water or electric service or both located in Area No. 2 fail, refuse or neglect to pay any bill on or before the 12th day of the month following such billing, a penalty of five percent of such bill shall be added. The city clerk shall notify in writing any customer who has failed, refused or neglected to pay any bill on or before the 12th day of the month following such billing of the intention of the city to discontinue service unless the bill be paid within 10 days after the mailing of the notice. Should such customer fail to pay the bill or request a hearing within the 10 days after the mailing of the notice, the city shall disconnect such service or services. Before any such service or services may be restored, the customer shall pay all past due bills plus fees to cover the cost of the city in disconnecting and reconnecting such service or services. The fees for disconnecting and reconnecting services will be established by Resolution of the Governing Body of the City of Augusta, Kansas.

(Code 1975, 20-125; Ord. 1489, Sec. 2; Code 1991, 14-227)

15-110 Delinquent accounts; notice; hearing; finding; liability.

Water service shall be terminated for nonpayment of service fees or charges as provided in this Article.

(Code 1991, 14-228; Code 2010)

15-111 Landlord liability.

(a)Owners of premises served by utility service under this article 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, 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. If the delinquent billing, interest and penalty are not paid within 15 days of the mailing, the affected utility service may be discontinued and no further such service 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, if applicable, is paid in full.

(c)If utility service is furnished to leased premises on the application and 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.

(Code 2010)