CHAPTER XV. UTILITIESCHAPTER XV. UTILITIES\ARTICLE 1. GENERAL ADMINISTRATION

The municipal water system and the municipal sanitary sewer system shall be combined for administrative purposes. Said combined system shall be operated and financed as provided by law. The officer who shall have immediate charge of the combined system shall be the Director of Public Works.

(Ord. 10-4602; Code 2001, 4-101)

The Director of Public Works shall be responsible for the general management, care, control, installation, maintenance, records management, and supervision of the municipal water and sanitary sewer systems.

(Ord. 10-4602; Code 2001, 4-102)

Application for water and sewer service, or either, shall be made to the City Clerk by the owner or the occupant of the property to be served.

(Ord. 10-4602; Code 2001, 4-103)

A Service Account Initiation Fee in the sum of Forty Dollars ($40.00) shall be paid to the City Clerk by each person, firm or corporation desiring a supply of water from the municipal water and municipal sewer system of the City. Said fee shall be paid at such time consumer requests water service prior to the supply of water from the municipal water system. Upon receipt of said fee, a service account shall be established and the City Clerk shall notify the Director of Public Works or his assistants of the authorization to supply water to consumer’s building, place or premises. The requirements of this subsection shall pertain to all consumers either within or outside the City limits and whether or not sewer service is required. The above fee shall not be transferable from one consumer’s service account to another consumer’s service account. The only exception may be granted by the City Administrator when service transfer is required due to the death of the service account holder.

(Ord. 08-4571; Ord. 10-4602; Code 2001, 4-104)

A landlord desiring water service on a temporary basis, solely for the purpose of cleaning and repairing the rental property or checking the water system for leaks, may apply to the City Clerk for temporary water service. A landlord service connection shall not be made if the property is occupied. The landlord will pay a Ten Dollar ($10.00) Landlord Account Initiation Fee to the City Clerk at the time of the application for water service. The account will be charged for usage in accordance with Section 15-301 and the current rate for 1,000 gallons of water consumed. Account billings and payments shall be made in accordance with Section 15-108 of this code. The landlord service collection will be discontinued at the landlord’s request, if the bill remains unpaid on the 21st of the month per Section 15-109, or if the City receives notification that said property becomes occupied. No trash or sewer service will be provided to the property.

(Ord. 10-4602; Code 2001, 4-105)

A customer desiring water service for any reason other than above, with consumption of less than five hundred (500) gallons of water per month with no sewer usage or trash service, may request a Special Service Connection from the City Council which has a rate of ten ($10.00) for 60 days of service. Usage over 500 gallons shall be charged in accordance with Section 15-301.

(Ord. 10-4602; Code 2001, 4-106)

Each consumer shall pay to the City Clerk when requesting a transfer of water or sewer system service to another location as specified by the consumer, a Service Transfer Fee of Fifteen Dollars ($15.00) for each such transfer. This provision shall apply to consumers both within and outside the city limits.

(Ord. 10-4602; Code 2001, 4-107)

Municipal water and sewer system billings shall be mailed on or before the 1st day of each month for the previous month’s service. Such bill shall be due and payable at the office of City Clerk and must be paid in full by the 10th day of each month. Failure to make payment in full before the 11th day of the month shall result in the mailing of an account delinquency and service discontinuation notice. After said due date has passed a penalty of ten percent (10%) of the unpaid balance shall be added to the original amount of said bill. All checks for payment to the City for such services which are rejected or returned due to insufficient funds in consumer’s checking account may be subject to a Thirty Dollar ($30.00) Returned Check Fee, per the procedures outlined in Resolution No. 07-51. If said fee is not paid as provided, consumer’s water service shall be discontinued as provided in Section 15-109.

(Ord. 10-4602; Code 2001, 4-108)

If said bill remains unpaid on the 21st day of the month, after said due date, water and sewer service may be discontinued and disconnected at the discretion of the city, provided that before any such service shall be discontinued for failure to pay said service charge, the user so defaulting in the payment of the service charge shall be given five (5) calendar days’ notice of the account delinquency and service discontinuation notice.

(Ord. 10-4602; Code 2001, 4-109)

If within said five (5) calendar days period, the user receiving such notice of intention to discontinue its water and sewer service, the user contests the intention to discontinue service, said user shall file with the City Administrator, a written notice stating that the user believes that there is a reasonable basis to dispute the assessment of said service charge. If the City Administrator finds the complaint of the aggrieved party is just, said Administrator may make such adjustment of said service charge as he/she deems equitable and just in premises. If the Administrator deems the complaint of the aggrieved party is without merit, then at the next regular meeting of the Governing Body after the receipt of said written notice, said aggrieved party may appear and present the grievance. If at said meeting the Governing Body finds that the complaint of the aggrieved party is just, said Governing Body may make such adjustment of said service charge as it deems equitable and just in the premises. If the Governing Body at said meeting deems the complaint of the aggrieved party is without merit, it may affirm the service charge of which said aggrieved party complained, and the finding of the Governing Body shall be final and binding upon all parties concerned.

(Ord. 10-4602; Code 2001, 4-110)

It shall be unlawful for any person, firm or corporation to reconnect a water or sewer service or system supply to any service line, or out of any building place or premises, or directly or indirectly cause the water or sewer supply to be reconnected after same has been disconnected by the Director of Public Works or his assistants, or by the direction of the City Administrator or his authorized agents or by order of the Governing Body of the City of Cherryvale. Any person violating this provision shall be guilty of a class C misdemeanor or to the furthest extent of applicable laws.

(Ord. 10-4602; Code 2001, 4-111)

(a)   Reconnection after Delinquent Account Disconnection. In the event water or sewer service shall be discontinued under the authority of this article, said water or sewer service shall not be restored until said delinquent account and a reconnection fee in the amount of thirty dollars ($30.00) has been paid by the user whose water or sewer service has been discontinued. Reconnection of water or sewer service shall be made between the hours of 8:00 a.m. and 3:00 p.m. the following business day for delinquent account reconnection and thereafter Monday through Friday, between the hours of 8:00 a.m. and 3:00 p.m. When disconnection occurs on a Friday (21st), City Hall will accept payments, plus reconnection fee, until 4:00 p.m. for reconnection on services on Saturday. After 4:00 p.m., no payments will be accepted for Saturday reconnection services. A list of those individuals who paid prior to the 4:00 p.m. deadline on Friday, will be turned back on Saturday morning, between the hours of 8:00 a.m. and 11:00 a.m. No reconnections shall be made on weekends or City Holidays.

(b)   Reconnection after Customer Requests Disconnection. Any service or utility disconnected or discontinued at the request of the customer shall be reconnected only upon payment of a twenty-dollar ($20.00) reconnection charge; and such reconnection shall be made between the hours of 8:00 a.m. and 3:00 p.m., Monday through Friday. No reconnection fee will be charged if a customer requests disconnection due to an emergency leak or repair situation. No reconnections shall be made on weekends or City Holidays.

(Ord. 10-4602; Code 2001, 4-112; Ord. 19-4708; Ord. 19-4717)

In the event any person shall neglect, fail, or refuse to pay following notice of a minimum of three (3) delinquent notices per Section 15-108, the bill may be turned over to outside collection, including the State of Kansas Set Off Program. All bills which are determined to be a bad debt and turned over for outside collection, including the State of Kansas Set-Off Program, shall be subject to an administrative fee of thirty percent (30%) of the total delinquent amount. This bad debt administrative charge shall be applied prior to referral for collection.

(Ord. 10-4602; Code 2001, 4-113; Ord. 11-4619; Ord. 17-4686)