CHAPTER XVI. UTILITIESCHAPTER XVI. UTILITIES\ARTICLE 6. GENERAL PROVISIONS

As used in this article, the following definitions shall apply:

(a)   Customer - shall mean the utility service account holder of record.

(b)   Person - shall mean natural persons and all corporations, partnerships, associations and all other types and kinds of organizations and entities, without limitation.

(c)   Utility Services - shall mean electrical service, gas service, sanitary sewer service and water service.

(Code 1990)

(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 immediately threat to health or safety of persons or to property on or near the customer’s premises.

(b)   The city may discontinue or refuse a particular utility service to any customer, following compliance with the notice and hearing requirements of section 16-604 of this article, for any of the following reasons:

(1)   Nonpayment of utility bills and charges as provided in section 16-604 of this article.

(2)   When the customer misrepresents his or 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 a particular 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 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 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.

(Code 1990)

Utility billings shall be mailed on approximately the 1st day of each month for the previous month serviced. All billings for utility services shall be due and paid in full at the office of the City clerk by the 10th day of the month. Failure to make payment before or on the 10th day of the month shall result in the mailing of an account delinquency and service discontinuation notice, provided written payment arrangements have not been made or requested.

(Ord. 2696, Sec. 11; Ord. 2779; Ord. 2815; Code 2016)

(a)   An account delinquency and service discontinuation notice shall be issued in writing at the 10th day of each month with respect to any delinquent and unpaid utility service bill. A 10% penalty shall be charged to the delinquent utility account prior to the mailing of the account delinquency and service discontinuation notice. 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. A copy shall also be sent by U.S. Mail, first class, to the occupant of the premises serviced by the utilities if the occupant is not the customer. 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 services.

(b)   The notice of account delinquency and service discontinuation notice shall contain the following information:

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

(2)   Account number.

(3)   Amount past due plus all current delinquency charges.

(4)   Notice that utility services shall be terminated upon failure to pay the delinquent billing ulus all delinquency charges or failure to set up written arrangements for the payment of the delinquent billing plus all delinquency charges within three days after the date of the mailing of the notice.

(c)   Extensions of the date of discontinuance may be granted by the city clerk or his/her designated agent to enable the customer to make arrangements for reasonable installment payments or for other good causes. Possible causes for consideration include, but are not limited to, the following examples: whether discontinuance is dangerous to the health of the occupant of the premises, the occupant’s family, or any other resident of the premises affected; the weather; unforeseen financial hardship of the customer; and the medical condition, ages, or disabilities of the occupant of the premises, the occupant’s family, or any other resident of the premises affected.

(Ord. 2696, Sec. 12; Ord. 2779; Ord. 2815; Code 2016)

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

(Code 1990)

In the event any person shall neglect, fail or refuse to pay within 10 days following notice of discontinuance the utility billings and delinquency charges due the city, such billings and charges shall constitute a lien, upon the real property served by the connection to the utility service, and shall be certified by the city clerk to the county clerk of Harper County, Kansas, to be placed on the tax roll for collection, subject to the same penalties and collected, subject to the same penalties and collected in like manner as other taxes are by law collectible.

(Code 1990)

The city also requests the landlords inform the city when they are aware one of their tenants has vacated the premises.

(Ord. 2696; Sec. 13; Code 2007)

(a)   Late Payment Charges. All bills delinquent after the 10th day of the month of the billing shall be subject to a 10% penalty.

(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. The customer shall also pay a reconnection charge for reconnection of electric service and for reconnection of water service plus labor cost and service vehicle costs if after working hours.

(Ord. 2696, Sec. 14; Code 2007)

An additional $1.50 surcharge is established per utility billing within the corporate limits of the City of Anthony; to begin with the City of Anthony billing which is due April 1, 2010, to be collected as a City of Anthony Swimming Pool Improvement Fee.

An Anthony Swimming Pool Improvement Fund will be used to deposit this additional Anthony Swimming Pool Improvement Fee collected and such revenue to be used to pay for a Bond Issue to fund this renovation project.

(Ord. G-2762; Code 2016)