City of Kanopolis Ordinance for collection fee on delinquent water bills

(First Published in the Ellsworth County Independent/
Reporter, December 22, 2016)

ORDINANCE NO. 2016-O-03

BEING AN ORDINANCE REPEALING AND REPLACING SECTIONS 15-122 AND 15-124 OF THE CODE OF THE CITY OF KANOPOLIS PROVIDING FOR A COLLECTION FEE
ON DELINQUENT WATER BILLS IN THE CITY
OF KANOPOLIS, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF KANOPOLIS, KANSAS:

Section 1. That Section 15-122 of Article 1 of Chapter XV Utilities, of the Code of the City of Kanopolis, Kansas be repealed and that the following be adopted in its place to wit:
PAYMENT OF BILLS.  All water bills for the previous month’s water service shall be paid on or before the 16th day of the month following the service.  For any billing not paid when due, a delinquency charge of ten percent will be added to the bill.  Any bill still unpaid past the disconnect date which then necessitates the physical presence of a city employee on the delinquent property in order to continue collection efforts or to pull the meter shall be assessed an additional collection fee in the amount of $25.00.   
Section 2. That Section 15-124 of Article 1 of Chapter XV Utilities, of the Code of the City of Kanopolis, Kansas be repealed and that the following be adopted in its place to wit:
NOTICE; HEARING. (a) If a water bill has not been paid in accordance with section 15-222, 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 charge;
(2)    Notice that services 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;
(3)    Notice that a $25.00 collection fee will be charged if the amount is not paid by the disconnect date and the physical presence of a city employee on the delinquent property is necessary;
(4)    Notice that the customer has the right to a hearing before the water committee or other designated hearing officer;
(5)    Notice that the request for 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.
Section 3. All ordinances and parts of ordinances conflicting with the provisions of this ordinance are hereby expressly repealed.
Section 4. This ordinance shall take effect and be in force from and after its publication once in the Ellsworth County Independent Reporter.  
ADOPTED AND APPROVED by the Governing Body, this 13th day of December, 2016.

CITY OF KANOPOLIS
By:  /s/ Russell Bunch, Mayor

(SEAL)    

ATTEST:

Yvonne E. Stoppel, City Clerk

1t 12/22