For the purpose of this article, utility services shall include water, sewer and residential solid waste (refuse) collection as provided by the city.

(Ord. 1395; Code 2021; Ord. 1821)

All utility service bills shall be due and paid at the Office of the City Clerk of Riley, Kansas, City Hall, 222 S. Broadway, online, via phone, or by mail to P.O. Box 314, Riley, Kansas 66531, on or before the 10th day of the month following the month for which the service was billed. All bills unpaid after the due date shall be considered PAST DUE and subject to a 10% penalty. All bills not paid by noon the day of the shut-off date listed on the late notice shall be considered DELINQUENT and subject to DISCONTINUATION OF SERVICE. Service for delinquent customers shall be discontinued if payment of all charges and penalties is not received according to this article. Any property or customer with unpaid water service, sewer service, and/or residential solid waste service fees shall not be entitled to service until all items are paid in full which will include a $100.00 reconnection fee. Reconnection will only occur once payment has been received by the office, and during business hours.

(Ord. 1241; Ord. 1294; Ord. 1312; Ord. 1345; Ord. 1369; Ord. 1395; Ord. 1463; Code 2021; Ord. 1821)

Accounts are considered to be delinquent in accordance with section 15-102. Unless otherwise specified, water, sewer, and, residential solid waste collection shall be terminated for nonpayment of service fees or charges in accordance with sections 15-104 and 15-105.

(Ord. 1395; Code 2021; Ord. 1821)

Unless otherwise specified, water utility service, sewer utility service, and residential trash collection service shall be terminated for nonpayment of service fees or charges as follows:

(a)   Notice: If a utility has not been paid on or before the due date as provided in this article, the city utility billing clerk will provide notification of the delinquency to the delinquent account holder via the same method that bills are sent, to his/her last known address. A copy shall also be mailed or emailed to the property owner or owner's representative/agent if the customer (occupant) and the owner of the property are not the same person and they have requested notification.

(b)   Notice Contents. The notice shall state:

(1)   Notice of delinquency

(2)   Amount due plus delinquency charge

(3)   Service will be terminated if the amount due is not paid by noon on the shut-off date, which shall be at least ten (10) days from when late letters are mailed/otherwise sent.

(4)   The customer/occupant/property owner has a right to a hearing before the city's designated hearing officer; and

(5)   The request for a hearing must be in writing on a Utility Bill Hearing Request form (available upon request) and filed with the city clerk no later than three (3) days prior to the date of termination of service as stated in the notice.

(c)   Extension. Short extensions may be granted in the office, so long as balances are to be paid on or prior to the first business day of the following month. Extensions will be granted in office as many times as necessary, provided that previous commitments have been followed. If an extension is not granted in office, individuals may still request a hearing.

(d)   Hearing. Upon receipt of a request for a hearing, the city clerk shall advise the customer within 24 hours of the date, time, and place of the hearing as well as the name of the hearing officer. This notice may be made by telephone and shall be followed by written confirmation.

(e)   Hearing Officer. For the purpose of this article, the hearing officer shall be the Riley City Council or other impartial person so designated by the city council.

(f)   Rights of the Hearing Office.

(1)   Extension. The hearing officer has a right, for good cause, to grant an extension, not to exceed ten (10) days for the termination of such services. Upon advice and consent of the council, this extension time may likewise vary for good cause.

(2)   Repayment Schedule. The hearing officer has the right to establish a reasonable repayment schedule with the owner to include all late fees over a (3) three month period. Upon advice and with the consent of the Governing Body, this may vary for good cause.

(3)   Misuse Fine. In order to prevent misuse of the right to hearing through frivolous complaints, the hearing officer has the right to levy an additional charge for the hearing which may be no less than $25.00 and no more than $100.00.

(g)   Hearing Findings. Following the hearing, the hearing officer shall complete a utility billing hearing disposition form. If it is found that:

(1)   Services should not be terminated, notice of such findings shall be presented to the city clerk with instruction as to repayment on the utility billing hearing disposition form.

(2)   Services should be terminated, notice of such findings shall be presented to the city clerk. An Order to Terminate Utility Services form shall be issued by the city clerk to the appropriate department superintendent terminating service five (5) days after the date of the hearing. The customer shall be notified by mailing a notice of the Order to Terminate Utility Service to his/her last known address. However, if the order is made known at the hearing, in the presence of the customer/owner, then no further notice need be given to the party.

(h)   Failure to Comply with the Hearing Order: In the event that the person, firm, corporation, or organization named on the utility billing application shall neglect, fail, or refuse to pay the service charges fixed herein, such charges shall be reported to the State of Kansas Department of Administration Setoff Program for collection.

(K.S.A. 12-808c; Ord. 1395; Code 2021; Ord. 1821)

(a)   Owners of premises served by utility service shall be liable for payment of the cost of any utility service account delinquency arising from service provided to such premises only if a utility application has not been submitted by the tenant and services remain in the landlord's name.

(b)   In the event a delinquency arises involving leased premises, notice shall be effected and process taken according to section 15-104.

(K.S.A. 12-808c; Ord. 1395; Code 2021; Ord. 1821)

(a)   Application must be made to the city clerk, and a permit obtained before any consumer of water or sewer service shall connect with or use water or sewer service from the city water supply or to the sewer system for any purpose. Such application must be made to the city clerk by the owner or agent in charge of the property for which the service is requested. The application shall be in writing, and shall state the location and address of the property for which the service is requested, the purpose for which the service is to be used, the size of the tap requested, and the separate premises, dwelling units, or service lines to be supplied.

(b)   Before such permit shall be issued by the city clerk, a fee shall be paid to the city clerk therefore, as follows: For all taps, including appropriate meter and pit for water service, the fee shall be $200 plus the equivalent of all necessary costs of labor, equipment and materials necessary to properly install any such tap. These amounts shall be billed to the applicant after installation of the tap. Such fees shall not include the service from the tap or meter to the applicant's building.

(Ord. 1333; Code 2021; Ord. 1722)