For purposes of this article utility services shall include water, electrical, sewer, solid waste, capital improvement fees, storm sewer utility fees, and other utility services provided by the City.

(Ord. 988; Code 2015)

Unless otherwise provided, water, electric, sewer, solid waste (refuse) capital improvement fees, storm sewer utility fees and other utility services shall be terminated for nonpayment of service fees, or charges in accordance with sections 15-103 and 15-104.

(Ord. 988; Code 2015)

(a)   If a utility 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 clerk 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 charges;

(2)   The reconnection fee due for reconnection of utilities if utilities are terminated;

(3)   Notice that service will be terminated if the amount due is not paid within 10 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 the close of the next business day in which to pay the charges;

(4)   Notice that the customer has the right to a hearing before the designated hearing officer;

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

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

(Ord. 988; Code 2015; Ord. 1035)

(a)   Following the hearing, if the hearing officer shall find that service should not be terminated, then notice of such finding shall be presented to the city clerk. If the officer finds that service should be terminated, an order shall be issued terminating service five days after the date of the order. The customer shall be notified either in person or by mailing a letter to his or her last known address by certified mail, 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 1O days, for the termination of such service.

(b)   Designating Mayor as hearing officer.

(1)   The Mayor is hereby designated as the hearing officer for purposes of Chapter 15 of the Code of the City of St. John, Kansas.

(2)   As the hearing officer, the Mayor shall make findings of fact in any decision rendered as part of the hearing officers duties pursuant to Chapter 15 of the Code of the City of St. John, Kansas.

(Code 1991; Ord. 1030)

At the time of making application for utility services, whether for existing property or new construction, the customer shall pay the following Utility Service Connection Fees for the providing of the following city utilities:

(a)   For the connection of city water and sewage services: $125.00

(b)   For the connection of city electrical utility services: $125.00

(c)   For temporary utility connections of three months or less: $25.00

(d)   Existing city utility customers transferring city utilities to a new address shall pay a transfer fee of $25.00 in lieu of the Utility Service Connection Fee.

(e)   The provisions of this article shall not be applicable to customers who have one serve and are requesting service by an additional meter or meters at an adjoining or contiguous property or building.

(f)   Existing utility deposits. Existing utility deposits held by the city shall be applied as follows:

(1)   Deposits, including applicable interest, held for greater than twelve (12) months shall be applied to the customer’s utility bills following adoption of this ordinance and shall be applied to successive utility bills, as necessary, until the customer’s deposit funds held by the city are depleted.

(2)   Deposits, including applicable interest., held for less than twelve (12) months shall be applied to the customer’s utility bills as provided in (f)(l) starting with the utility bill on the one year anniversary of the deposit’s payment to the city.

(Ord. 903; Ord. 979; Ord. 981; Ord. 1047)

(a)   The City may discontinue or refuse utility services for any of the following reasons:

(1)   When the customer requests it;

(2)   When the utility bill becomes delinquent, after proper notice and the opportunity for a hearing has been provided pursuant to Section 15-103;

(3)   When detrimental conditions exist on or near the customer’s property, such as a serious leak in the water line from the main water line in and/or through the customer’s property or a down power line on or near a customer’s property;

(4)   When the customer fails to provide credit information, or a security deposit as required by the city;

(5)   When the customer misrepresents his or her identity for the purpose of obtaining utility services;

(6)   When the customer misrepresents that they are a resident of or has an interest in the property receiving utility services;

(7)   When the customer requests utility services and a current resident or interest owner of the property has a delinquent account for utility services provided to the property;

(8)   When the customer requests utility services for the purpose of assisting another individual or customer in avoiding to pay on a delinquent utility account;

(9)   When the customer refuses to grant city personnel access, during normal working hours, to equipment installed upon the premises of the customer for the purpose of inspection, meter reading, maintenance, or replacement;

(10) When the customer violates any rule of the utility, which violation adversely affects the safety of the customer or other persons, or the integrity of the water delivery system;

(11) When the customer causes or permits unauthorized interferences with, or diversion or use of, water service situated or delivered on or about the customer’s premises.

(b)   None of the following shall constitute sufficient cause for the utility to discontinue service:

(1)   The failure of a customer to pay for special charges;

(2)   The failure of the customer to pay for service received at a separate metering point, residence or location. In the event of discontinuance or termination of service at a separate metering point, residence or location in accordance with these rules, the utility may transfer any unpaid balance to any other service account with the customer’s written consent;

(3)   The failure of a customer to pay a bill which is in dispute; provided, however, that the customer pays that portion of the bill not in dispute.

(Ord. 1058)

(a)   It is hereby declared to be the policy of the City of St. John that a person must not be allowed to leave a utility bill in the name of a deceased person.

(b)   It shall be the responsibility of the current resident, or family member of the deceased person or executor of his or her estate, to notify the utility department within 30 days of the passing of the resident.

(c)   If an account is in the name of someone who passes away, the City of St. John may give the individual living there 30 days following the date of death to put it in their name, or utility will be subject to disconnect.

(d)   Failure to transfer the account name to the current resident, or to that person responsible for paying the bill, may result in charging said person with fraud or identity theft. Failure to transfer the utility (if not a surviving spouse) within 30 days will result in disconnection of the utilities, and utility service will not be reinstated until the bill is paid in full, along with a $30 delinquency fee. If at any time service has been disconnected due to non-payment, the bill must be paid in full, and a $30 delinquency fee, and the connection fee must be paid before service is reinstated.

(e)   Failure to transfer the account name to the current resident, or to that person responsible for paying the bill, may result in criminal prosecution.

(Ord. 1092-24)