City of Peculiar, MO Chapter 700 Utility Service

Section 700.005 Scope.

[Ord. No. 101607 §2, 10-16-2007]

This Chapter relates to all water and sewer services provided by the City of Peculiar and is intended to complement Chapters 705 and 710 of the City ordinances.

Section 700.010 Utility Service — Cash Deposit and Connection Fees.

[Ord. No. 110590A §1, 11-5-1990; Ord. No. 051694B §1, 5-16-1994; Ord. No. 090898A §1, 9-8-1998; Ord. No. 070505B §1, 7-5-2005; Ord. No. 101607 §1, 10-16-2007; Ord. No. 021511A §1, 2-15-2011; Ord. No. 12192011C §§I — II, 12-19-2011; Ord. No. 09102012 §I, 9-10-2012; Ord. No. 08192013§I, 8-19-2013; Ord. No. 02022015 §I, 2-2-2015; Ord. No. 06192017, 6-19-2017; Ord. No. 03192018A, 3-19-2018; Ord. No. 03012021, 3-1-2021; Ord. No. 08072023A, 8-7-2023]

A. A security deposit shall be required for all permanent or temporary utility service connections and security for payment of bills per the following schedule. Deposits can be paid with cash, credit/debit card (subject to processing fee), or money order. Deposits can also be paid via check if collected from current customers with an account in good standing. Deposits are held in perpetuity for the life of the utility account.

1. A deposit of one hundred fifty dollars ($150.00) for owner dwellings seeking water and/or sewer, and trash service shall be paid prior to service inception.

2. A deposit of two hundred dollars ($200.00) for rental dwellings seeking water and/or sewer, and trash service shall be paid prior service inception.

3. A deposit of three hundred dollars ($300.00) for commercial businesses seeking water and/or sewer shall be paid prior to service inception.

4. A deposit of one hundred dollars ($100.00) for dwellings seeking only trash services shall be paid prior to service inception.

5. For any customer who is setting up service which has been found to have a previous balance with the City's Utility Department, the deposit for said service will be multiplied by two (2).

B. Security deposits shall be applied to cover any unpaid utility bill immediately following the termination of service.

C. If a deposit is utilized by the City to cover any portion of an unpaid amount, service will not be reconnected for the applicant until the requisite security deposit is again provided to the City.

D. Fire Hydrant Meter Rentals. Rental of a City-owned fire hydrant meter requires the completion of a hydrant meter application from a deposit of one thousand dollars ($1,000.00). Additional terms of the fire hydrant rental include:

1. Hydrant meter rental is subject to a daily rental fee and charges for all water consumed.

2. Metered activity is to be reported to the City's Utility Department for monthly billing.

3. A fire hydrant meter shall be subject to the established business water rates as well as all applicable fees for service.

4. The renter of a fire hydrant meter shall be held liable for any and all damages to the meter as well as for any and all registered and unregistered water loss.

E. All required fees shall be set up by separate resolution approved by the Board of Aldermen and shall be paid in accordance with the schedule of fees on file in the City Planning Department.

Section 700.011 Identity And Mailing Address For Applicant And Owner.

[Ord. No. 08072023A, 8-7-2023]

A. Persons applying for utility services through the City of Peculiar must provide the full legal name and mailing address of the applicant and, if different from the applicant, the owner(s) of the property to be provided utility service. If the applicant's occupancy at the property is for residential purposes and is subject to a written lease, a copy of the written lease shall also be submitted with the application. The applicant and the owner of the property have a continuing duty to inform the City Utility Department of any changes in ownership of the property or changes to the mailing address of the owner of the property. All notices shall be sent to the last known addresses provided to the City.

B. Persons signing up for utility services through the City of Peculiar must provide a copy of a valid/current government-issued ID to the Utility Office for inclusion in the customer's utility file.

1. Accepted government-issued IDs include driver's license, military ID and/or passport.

C. Persons signing up for utility services through the City of Peculiar who are subject to a lease agreement must be a named party on the lease agreement provided to the City for inclusion in the customer's file.

Section 700.015 General Permits, Fees and Other Services.

[Ord. No. 02022015 §II, 2-2-2015; Ord. No. 08072023A, 8-7-2023]

A. Meter Availability Fee.

1. There is hereby established a meter availability fee. This fee is to cover the principal and interest amounts for the City's current bonded indebtedness for water and wastewater revenue bonds.

2. Meter availability fee charges are for a residential/commercial/industrial service user and/or property owner that will not be using water or wastewater service for four (4) months or longer.

3. The meter availability fee charged and collected by the City of Peculiar, Missouri, for water and/or wastewater service(s) furnished by the waterworks and/or wastewater system(s) of the City or by contracted entities for water and/or wastewater service(s) shall be approved by the Board of Aldermen by resolution and adjusted as necessary through budget amendments.

4. Meter availability fees for utility services are assessed monthly in accordance with the Schedule of Utility Rates maintained at City Hall located at 250 S. Main Street, Peculiar, MO 64078.

B. Real Estate Home Inspection Fee.

1. To allow for temporary connection of utility services for the purpose of third-party inspections of the exterior and interior water and sanitary sewer service lines, the City requires applicants complete a utility application and provide a security deposit at the owner rate, per section 700.010.

a. For the purposes of this Section, a temporary connection is one that lasts seven (7) business days or less.

2. Services for these properties will be limited to water and sewer charges will be based on consumption. Trash services will not be activated for temporary connections.

3. Deposits will be applied to amounts due to the City after the appropriate billing periods and any remainder will be refunded to the responsible party.

C. Outside Meter Testing.

1. The removal of the water meters for outside meter testing and inspection may be requested by the service user and/or property owner served by the meter.

2. All requests by a service user and/or property owner for outside meter testing must be made to the Utility Department or Director of Public Works.

3. Outside meter testing shall be performed by a third-party testing facility.

4. All outside residential meter testing shall be subject to a non-refundable administrative fee of sixty-five dollars ($65.00).

5. Fees for testing:

a. Residential meter five-eighths (5/8) inch by three-fourths (3/4) inch: thirty-five dollars ($35.00).

b. Commercial meter or meters one (1) inch and larger: cost determined by Public Works Director.

c. If a meter so removed by the service user and/or property owner's order is found by test to be in error by less than two percent (2%), the cost of such removal, tests and replacement shall be borne by the service user and/or property owner.

d. If a meter so removed by the service user and/or property owner's order is found by tests to be in error by more than two percent (2%), the cost of such removal, tests and replacement shall be borne by the City. An account adjustment will be made to compensate for the inaccurate meter. At no point will an adjustment exceed the previous two (2) billing periods.

6. Fees Assessed For Returned Payments.

a. Payments returned for any reason made via check or ACH by the City's financial institution will be assessed a fee of eighteen dollars ($18.00) per instance.

b. Upon receipt of a returned payment, the Utility Department will notify the customer by mail of the amount due, including fees, and that payment in full is due within five (5) days or the account is subject to shut-off for non-payment.

c. Upon receipt of three (3) returned payments, the customer's check writing and/or ACH privileges will be suspended indefinitely and moving forward all payments must be made with cash, money order, or credit/debit card (subject to applicable processing fees).

D. Definitions. As used in this Section, the following terms shall have the meanings indicated:

OUTSIDE METER TESTING

Any testing performed at a location outside of the City of Peculiar and performed by a third party.

Section 700.020 Billing Period.

[Ord. No. 110590A §2, 11-5-1990; Ord. No. 051694B §2, 5-16-1994; Ord. No. 060595 §1, 6-5-1995; Ord. No. 090898A §2, 9-8-1998; Ord. No. 101607 §1, 10-16-2007; Ord. No. 050410 §1, 5-4-2010; Ord. No. 08072023A, 8-7-2023]

All meters shall be read each month, weather permitting, and bills for utility service shall be rendered monthly. Such bills shall be due and payable on or before the 15th day of each month. The customer has the responsibility for contacting the Utility Department if they do not receive their bill by mail. The City of Peculiar does not accept responsibility for the timeliness of the United States Postal Service delivery or payments left in the available drop box.

Section 700.030 Delinquent Payment — Notice — Disconnection For Non-Payment — Reconnection Fees and Deposit.

[Ord. No. 110590A §§3 — 6, 11-5-1990; Ord. No. 051694B §§3 — 6, 5-16-1994; Ord. No. 060595 §2, 6-5-1995; Ord. No. 090898A §3, 9-8-1998; Ord. No. 022001B §§1 — 2, 2-20-2001; Ord. No. 021902B §1, 2-19-2002; Ord. No. 041502A §1, 4-15-2002; Ord. No. 070505B §3, 7-5-2005; Ord. No. 101607 §1, 10-16-2007; Ord. No. 010808A §1, 1-8-2008; Ord. No. 050410 §1, 5-4-2010; Ord. No. 02022015 §III, 2-2-2015; Ord. No. 01042021, 1-4-2021; Ord. No. 08072023A, 8-7-2023]

A. Utility bills are issued on the first business day of the month and payments for utility services are due on/or before the 15th day of each month.

1. If a customer disputes a bill, the service shall not be disconnected until the customer has had the opportunity to voice the basis of the dispute to a City official with the authority to correct a mistake. Such an opportunity may be by telephone. In the event that no other person is otherwise so authorized, the City Administrator shall have the authority to resolve all billing disputes.

B. Bills not paid in full by 8:00 A.M. on the morning of the 16th of every month shall be considered delinquent. If an account is delinquent in payment, a penalty of ten percent (10%) shall be added to the delinquent bill on the 16th day of each month.

1. If the 15th falls on a Saturday, Sunday or recognized City holiday, payment must be received by the City before 8:00 A.M. the following business day to avoid any penalties.

C. Utility services may be terminated if the utility account balance exceeds twenty-five dollars ($25.00) prior to the 23rd day of the month. If the regular disconnection day should fall on Friday, Saturday, or a City-recognized holiday, said utility service may be disconnected the following business day.

D. City staff will not authorize an extension for paying a utility bill. Staff will give a list of known organizations to the service user and/or property owner that has helped service users and/or property owners pay utility bills in the past.

E. When an account becomes delinquent, the City shall notify, by regular mail at the last known address, the owner of the property and the occupant of the property receiving services, of the delinquency and the amount thereof, including penalties, and provide a number where the customer may call to dispute a bill as provided in Subsection (B) above. Said notices shall also inform the property owner, and the occupant, if applicable, of the potential for the termination of utility services in accordance with these ordinances.

F. For accounts that are disconnected for non-payment, services will not be fully restored until payment in full for all past due amounts has been received, along with applicable administrative fees. The administrative fee shall be assessed and paid regardless of the status of any actual disconnection of service. Following payment in full for all past due amounts, utility service will be restored as soon as possible. On the date of shut-off and the business day after, payments made prior to 5:00 P.M. will result in reconnection that day. On the third day after shut-off and thereafter, payments received after 3:00 P.M. will result in reconnection the next business day.

G. The administrative fee is fifty dollars ($50.00) unless the account has appeared on the shut-off list more than three (3) times within a twelve-month period. At that time, the administrative fee shall increase to one hundred fifty dollars ($150.00). City staff will not accept any payments in the field.

H. The City Administrator has the authority to waive the administrative fee one (1) time per account per calendar year.

I. If a builder owes on a delinquent account, no new account at a different address or any additional building permits will be issued until the delinquent accounts are paid in full.

J. For accounts that are thirty (30) days delinquent, City staff shall send a letter to the account holder that their account will be sent to collections if the balance is not paid. When accounts are ninety (90) days delinquent, City staff shall send said accounts to a collection agency who will perform collection attempts until said account is paid in full.

K. For accounts whose balance is three hundred dollars ($300.00) or greater, said accounts will be sent to collection at thirty (30) days delinquent instead of ninety (90) days.

Section 700.032 Special Billing Procedures During a Time of Emergency.

[Ord. No. 04062020A, 4-7-2020]

A. The provisions of Section 700.032 of this Code notwithstanding, the Mayor may when in the Mayor's sole discretion it is deemed to be appropriate to do so due to an emergency situation affecting the community at large, the Mayor may invoke the following powers when to do so would be in the best interests of the community.

1. To suspend the disconnection of utilities to any location for failure to pay. In addition, the Mayor may direct the reconnection of any utilities previously disconnected. The order to suspend disconnections or to reconnect utilities may be done on a case-by-case basis or for all users, or for any group of users; provided, however, that if the order is applied on a case-by-case basis or to a particular group only, then the City shall document the reasons for each individual or group and provide the same to the Board of Aldermen.

2. To waive any late fees, interest, or penalties, including any which have already accrued.

3. To provide deferred payment plans which may include no payments at all for a period of time and with no interest or penalties so long as the terms of the plan are complied with.

B. The Mayor's authority to exercise the powers provided herein shall be effective from the date of the Mayor's order and continuing for up to sixty (60) days unless such authority is extended by the Board by resolution. The Board may suspend this power at any time by resolution.

Section 700.035 Liability of Service User and/or Property Owner.

[Ord. No. 02022015 §IV, 2-2-2015]

A. A service user and/or property owner shall be jointly and severally liable to pay for the services rendered on their premises. As used in this Chapter, "services rendered" is defined as the utility service provided by the City of Peculiar in the form of metering and billing for water services and/or sewer services; as well as the utility service provided by the current contracted refuse disposal company in the form of weekly solid waste pickup. The City shall have the power to sue the service user and/or property owner in a civil action to receive any delinquent sums due for such services rendered, as well as administrative fees, late fees, and reasonable attorney fees; and/or to place a lien on the property. The service user and/or property owner shall not be liable for more than ninety (90) days of service.

B. If a service user subject to a lease agreement vacates the premises, utility service for the new occupant (new service user) will not be started until all amounts due and owing on the property have been paid in accordance with the terms detailed in Subsection (A) of this Section.

[Ord. No. 08072023A, 8-7-2023]

C. In the event a service user becomes chronically delinquent leaving unpaid utility bills, the City may decide to pursue other options along with Section 250.140 RSMo. or pursuant to the following.

1. If the City is required to submit unpaid bills to the property owner more than two (2) times in one (1) calendar year, then the property owner may be required to put the service in his/her name. This will include a deposit. After one (1) calendar year, the property owner may request a review by the City to consider allowing the utility service to be put back in a service user's name.

2. If the City is required to submit unpaid bills to the property owner for more than one-third (1/3) of a single complex unit more than two (2) times in one calendar year, then the City may require the property owner to put the total complex utility services in his/her name. This will include deposits for each unit in the complex. After one (1) calendar year, the property owner may request a review by the City to consider allowing the utility service to be put back in a service user's name.

3. If the property owner has multiple complex rental units and there are consistent unpaid problems, then the City may require all of his/her rental property to be put in the property owner's name. The property owner will be required to pay individual deposits for individual units and be billed for the individual units. After one (1) calendar year the property owner may request a review by the City to consider allowing the utility service to be put back in a service user's name.

Section 700.040 (Reserved) [1]

[1] Editor's Note: Former Section 700.040, Liability of City for Damage, adopted and amended 11-5-1990 by § 7 of Ord. No. 110590A; 5-16-1994 by § 7 of Ord. No. 051694B; and 5-4-2010 by §1 of Ord. No. 050410, was repealed 2-2-2015 by § IV of Ord. No. 02022015.

Section 700.050 Termination of Service.

[Ord. No. 110590A §8, 11-5-1990; Ord. No. 051694B §8, 5-16-1994; Ord. No. 101607 §1, 10-16-2007; Ord. No. 050410 §1, 5-4-2010]

A. The City shall have the right to disconnect or refuse to connect or reconnect any utility service for the following reasons:

1. Failure to meet the applicable provisions of law;

2. Violations of the rules and regulations pertaining to utility service;

3. Failure to pay utility bills in full prior to the twenty-third (23rd) day of each month;

4. Failure to pay a judgment related to a delinquent bill (including attorney fees and interest);

5. Willful or negligent waste of service due to improper or imperfect pipes, fixtures, appliances or otherwise;

6. Damages to any meters, seals or other equipment controlling or regulating the supply of utility service;

7. Theft or diversion and/or use of service without payment therefore.

Section 700.055 Utility Service Debt Write Off Procedure.

[Ord. No. 01042021, 1-4-2021]

A. Each year during the annual budget process, City staff will gather any and all utility accounts with balances deemed uncollectible after a period of five (5) calendar years for write off.

B. The total of the amount to be written off will be included in the resolution language adopting the annual budget for the City.

C. Upon approval of the annual City budget, City staff is authorized to proceed with writing off the utility account balances deemed uncollectible.

Section 700.060 Primacy Fees.

[Ord. No. 060606A §1, 6-6-2006; Ord. No. 08072023A, 8-7-2023]

A. The City of Peculiar hereby approves and adopts the primacy fee required by HB 1149.

B. Primacy fees will be assessed annually in accordance with the schedule set forth by the Missouri Department of Natural Resources. A copy of the Schedule of Primacy Fees by meter size is included with the Schedule of Utility Rates available at City Hall located at 250 S. Main St. Peculiar, MO 64078.

C. Customers served by multiple connections shall pay annual user fees in accordance with the schedule set forth by the Missouri Department of Natural Resources, except that no single facility served by multiple connections shall pay a total of more than five hundred dollars ($500.00) per year.

D. These fees shall become effective August 28, 2006, and shall be collected by the City of Peculiar beginning September 1, 2006, and shall continue until such time they are revised by the State of Missouri. Fees are reviewed annually by the State of Missouri. The schedule at City Hall will be updated accordingly after review.

Section 700.070 Use of Well Water.

[Ord. No. 08062012 §I, 8-7-2012; Ord. No. 08072023A, 8-7-2023]

A. The drilling and/ or use of individual water wells within the City limits is allowable for "agricultural" use only and must conform with the Rules of Missouri Department of Natural Resources: Division 23 — Well Installation. The term "agricultural," as used in this Section, shall mean for the purpose of watering livestock, poultry, and/or irrigation.

B. Any operational water well must be registered with the City of Peculiar. There is no registration fee. Any such well may continue in use so long as the well is regularly operated and maintained. Any existing water well that ceases to be used for a period of thirty (30) days shall be deemed abandoned, no longer utilized, and closed within thirty (30) days in accordance with the Missouri Department of Natural Resources regulations.

C. Under no circumstances may any well be connected to the plumbing of any structure that is currently served by the City of Peculiar waterworks system. If it is found that a connection has been made to such plumbing, the City will sever connection to the property until the well has been disconnected.

D. Under no circumstances may any well be connected to the plumbing of any structure that is currently served by the City of Peculiar wastewater system.