[Ord. No. 101607 §2, 10-16-2007]
[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.
[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.
[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.
OUTSIDE METER TESTING
Definitions. As used in this Section, the following terms shall have
the meanings indicated:
Any testing performed at a location outside of the City of
Peculiar and performed by a third party.
[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.
[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.
[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.
[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.
[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.
[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.
[Ord. No. 12182023, 12-18-2023]
A.
To reduce the number of active utility accounts where service(s) has been disconnected for non-payment in accordance with City Code Section 700.050, Termination of Service, the City shall have the authority to administratively disconnect and/or inactivate any individual utility account where payment to reinstate said disconnected utility service(s) has not been received by the City within nine (9) calendar days of the date of the account disconnect.
1.
When an account is administratively disconnected as detailed above, the customer's deposit will be applied to any outstanding bills. A new deposit will be required to re-establish a disconnected account in accordance with City Code Section 700.010, Utility Service — Cash Deposit and Connection Fees.
[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.
[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.
[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.
[Ord. No. 12182023, 12-18-2023]
A.
Conditions
And Qualifications For Adjustments.
1.
To qualify for a Utility Leak Adjustment under this Section, the
following conditions must be met:
a.
Customer water usage must exceed twenty thousand (20,000) gallons
within the month the water leak, break or other issue was identified;
and
b.
Water usage in leakage month must be more than double (at least 200%)
of a customer's average monthly usage over the past twelve (12) months
or over the life of the account if service has been in the customer's
name for less than twelve (12) months.
2.
Customer needs to also submit a Utility Leak Adjustment Form to the
City within thirty (30) days of the billing date of the water/sewer
bill to be considered for adjustment under this Section.
a.
Exceptions to this timeframe are limited and subject to both proof
of the extraordinary mitigating circumstances and also the discretion
of City staff.
3.
Utility Leak Adjustment Maximums.
4.
No Utility Leak Adjustments will occur if any of the following exist:
a.
Excessive use is the result of customer's usage decisions, some examples
include but are not limited to: watering/seasonal use, filling of
swimming pools/spas, gardening.
(1)
See City Code Section 705.230(D), Monthly Rates for the Sod Credit exception to this Section of the City Code.
b.
Excessive use is the result of a third party that the customer can
recover said costs from. Examples include theft, vandalism, construction
damage, etc.
B.
Utility
User Responsibilities.
1.
Upon repair completion, a Utility Leak Adjustment Form (available
online and at City Hall) must be completed in full and submitted to
the City's Utility Clerk at City Hall. This form is to detail information
regarding the abnormal situation or conditions that resulted in the
water loss including cause, identification date, and actions taken
to remediate the issue (i.e., repairs).
2.
To accompany the Utility Leak Adjustment Form, users must provide
evidence of a leak repair to support the assertion that repairs were
both permanent and of a quality nature. Support, includes, but not
limited to:
3.
The service user and/or property owner shall bear the responsibility
for necessary repairs to eliminate the issue causing the water loss.
C.
City
Staff Responsibilities
1.
City staff shall follow this Section of the City Code when a utility
customer has incurred water/sewer utility charges as the result of
a water leak, break, or other problem on the customer's side of the
water meter resulting in the loss of metered water.
2.
City Staff shall review the Utility Leak Adjustment Form provided
by the customer and shall determine if the excess water usage was
of such a nature and at such a location to not have been discovered
with the customer's reasonable diligence, or has occurred as a result
of a condition beyond normal and reasonable control of the customer
or other parties responsible for the use, care, and maintenance of
fixtures and devices that are a part of the customer's water service
system.
3.
Although the City shall review all incidents, the City does not have
a duty to adjust a customer's utility account when the customer's
water usage has been metered properly.
a.
The City shall have discretion to share the cost of the customer's
excess usage charges, but ultimately, it is the City's desire to encourage
customers to make prompt and permanent repairs to the water meter
as necessary.
4.
City staff will not take action to adjust any utility charges that arise from carelessness or a lack of due diligence on the part of the customer. Per City Code Section 710.070, Installation — Responsibility of Occupant or User for Proper Use of Water Service, "The user of each premises receiving water service from the waterworks system shall be held responsible for the proper use thereof."
D.
Adjustment
Procedure.
1.
Upon City staff receipt of the completed Utility Leak Adjustment
Form and accompanying repair documentation as detailed in Subsection (B)(a)
above, City staff will evaluate the water loss situation and appropriateness
of provided support. Should the provided information be deemed insufficient
upon discretion of City staff, City staff will contact the customer
to explain the reason the adjustment was declined. Should the provided
information be sufficient upon discretion of City staff, utility adjustments
will be calculated with the following guidelines:
2.
Water.
a.
Water usage charges will be calculated at the customer's regular
water rate on all water volume used up to two (2) times the customer's
average monthly water usage for the property over the past twelve
(12) months or over the life of the account if service has been in
the customer's name for less than twelve (12) months. Any remaining
water usage volume above that specified volume will be charged at
the City's wholesale water purchase rate.
b.
If the property is vacant at the time of the water loss, the City
average for utility usage will be used in lieu of the customer's average
monthly water use in the calculation of the leak adjustment.
3.
Sewer.
a.
Sewer usage will be calculated at two hundred percent (200%) of the
customer's average monthly sewer usage for the property over the past
twelve (12) months or over the life of the account if service has
been in the customer's name for less than twelve (12) months. Any
remaining sewer usage volume above that specified volume will be charged
at 75% of the customer's volumetric rate.
b.
If the property is vacant at the time of the water loss, the City
average for utility usage will be used in lieu of the customer's average
monthly water use in the calculation of the leak adjustment.
4.
All Utility Leak Adjustments under this Section shall require the
authorization of the Finance Director before a leak adjustment is
made to the customer's account.
a.
Upon authorization of the leak adjustment, a member of the Utility
Department staff will contact the customer with the amount of the
credit and revised account balance.
b.
Leak credit adjustment documentation will be saved in the customer's
file at City Hall until it is subject to destruction in accordance
with the City's Record Retention Policy.
