[Ord. No. 1220 §25, 9-13-1988; Ord. No. 1680 §1, 6-16-2004; Ord. No. 2117 §1 Sch. A, 6-26-2012]
A. All
bills for utility services furnished by the City shall be due and
payable prior to 5:00 P.M. on the fifteenth (15th) day of the month
following billing. After the fifteenth (15th) of the month, bills
are considered past due. There will be a late fee assessed on the
twentieth (20th) of the month if the bill is not paid.
B. In
the event of non-payment, the City has the right to disconnect water
service after the shutoff date (twentieth (20th) of the month) and
natural gas service based on outside termperatures per State Statute.
Natural gas service can be disconnected five (5) days after the initial
disconnect date if no payment or necessary arrangements have been
made. The City will continue the following services:
3. Sanitary sewer regardless of payment.
[Ord. No. 1779 §1, 1-11-2006]
The City shall apply all utility payments received proportionally
to each of the utilities provided except when such application is
not in accordance with State or Federal utility assistance regulations.
[Ord. No. 1220 §26, 9-13-1988]
In the event any consumer of utility services furnished by the
City shall fail to pay his bill and/or deposit as required therefor
when the same is due, a ten percent (10%) penalty shall be imposed.
[Ord. No. 1220 §27, 9-13-1988]
In the event bills for utility services and/or deposits and
penalties shall not be paid when the same become due, the City shall
have the right to disconnect and discontinue all utility services
furnished by the City to the consumer so in arrears.
[Ord. No. 1220 §28, 9-13-1988; Ord. No. 1680 §2, 6-16-2004; Ord. No. 2117 §1 Sch. A, 6-26-2012]
A. In
the event utility service is disconnected by the City for any reason,
the consumer shall have the right to have the same reconnected only
upon the payment of all bills, additional deposits and penalties due
thereon and in addition thereto shall pay a service charge of forty
dollars ($40.00) for the reconnection of water service or forty dollars
($40.00) for the reconnection of gas services. Customers with both
services shall only be charged the reconnection fee for one (1) service.
B. Upon
payment of the reconnection fee, the City shall reconnect services
within twenty-four (24) hours of payment except that the City shall
make every effort to prevent customers who pay the reconnect fee from
being without services for as few nights as possible following the
day of disconnection.
C. Customers
desiring reconnection on the same day as service is disconnected or
at any other time requiring reconnection crews to work after normal
business hours may at the customer's sole option choose to pay an
additional fee of forty dollars ($40.00). The City shall make every
reasonable effort to ensure that customers paying the reconnection
fee and the additional same day reconnection fee are reconnected prior
to 8:00 P.M. of the evening that payment is received. In the event
service cannot be restored prior to 8:00 P.M. of the day payment is
received (unless such failure is due to the absence of the customer),
the City shall refund the additional forty dollar ($40.00) same day
reconnection fee.
[Ord. No. 1890 §1, 11-15-2007]
The City Clerk shall not accept a personal check for utility
reconnection from any customer who has previously paid the City with
a personal check that has been returned for insufficient funds. Customers
who have previously tendered an insufficient funds check for reconnection
must pay with cash, cashier's check, certified check, money order,
credit card or other secured financial instrument. Further, the City
Clerk shall not accept a personal check for reconnection of utility
service from any other person residing at the same residence.
[Ord. No. 1220 §29, 9-13-1988; Ord. No. 1778 §1, 1-11-2006]
A. The
occupant and user of the premises receiving utility services from
the City and owner of said premises shall be jointly and severally
liable to pay for such services rendered on such premises and all
penalties and deposits thereon assessed except as limited and under
such conditions as established below:
1. If the occupant of the premises receives the billing, when the occupant
is delinquent in payment for thirty (30) days, the City shall make
a good faith effort to notify the owner of the premises receiving
such service of the delinquency and the amount thereof. Notwithstanding
any other provision of this Section to the contrary, when an occupant
is delinquent more than ninety (90) days, the owner shall not be liable
for sums due for more than ninety (90) days of service.
2. Any notice of termination of service shall be sent to both the occupant
and owner of the premises receiving such service, if such owner has
requested in writing to receive any notice of termination and has
provided the entity rendering such service with the owner's business
addresses.
3. The provisions of this Section shall apply only to residences that
have their own private City utility services. In instances where several
residences share a common utility or utilities connection, the owner
of the real property upon which the residences sit shall be liable
for utility expenses.
4. The provisions of this Section shall not apply to unapplied for utility
services. As used in this Subsection, "unapplied for utility services"
means services requiring application by the property owner and acceptance
of such application by the City prior to the establishment of an account.
The property owner is billed directly for the services provided and,
as a result, any delinquent payment of a bill becomes the responsibility
of the property owner rather than the occupant.
[Ord. No. 1687 §1, 7-14-2004]
The City Administrator and the City Clerk, acting on behalf
of the City, are hereby authorized to file a lien against real property
with delinquent utility bills. Such liens may be filed against properties
with delinquent utility bills upon public notice of tax or foreclosure
sale or upon the City becoming aware that the property with delinquent
utilities has been offered or placed for sale.
[Ord. No. 1220 §30, 9-13-1988]
Consumers wishing to discontinue the use of any utility service
furnished by the City shall give written notice thereof to the office
of the City Clerk, and failure to do so shall render such consumers
liable for the payment of all bills until such notice has been given.
[Ord. No. 1220 §31, 9-13-1988]
A. In
the event the City has the right under the provisions of this Chapter
for any reason to discontinue service to a consumer, the following
procedure shall be followed:
1. The City may terminate utility service to a consumer between the
hours of 8:00 A.M. and 5:00 P.M. on the date specified on the Notice
of Termination or a reasonable time thereafter. Service shall not
be discontinued on a day when utility personnel are not available
to re-connect the consumer's service or after 3:00 P.M. immediately
preceding such a day.
2. Utility service shall not be terminated for nonpayment within five
(5) days after said account becomes delinquent.
3. The City shall not terminate any utility service to any customer
unless:
a. Written notice is delivered to the consumer by personal service or
first class mail at least five (5) days prior to the date of termination.
b. The City shall maintain accurate written records of the date all
termination notices are mailed or personally served.
4. Written Notice of Termination shall contain:
a. The name and address of the consumer.
b. A clear and concise statement of the reasons for the proposed termination.
c. The exact amount of any delinquent account.
d. Other information not inconsistent herewith.
[Ord. No. 1220 §32, 9-13-1988]
A. A Time
Payment Plan will be available through the City Clerk for qualified
consumers whose accounts have become delinquent. To qualify for the
Time Payment Plan a consumer must:
1. Have become delinquent on account due to but not limited to, illness
or other personal disaster; and
2. Present to the City Clerk evidence of such illness, personal disaster
or other valid reason upon application for such Time Payment Plan;
and
3. Tender to the City Clerk at time of application for such Time Payment
Plan any sums assessed the consumer's delinquent account constituting
deposits and penalties; and
4. Make application for such Time Payment Plan prior to the date specified for termination in the Notice of Termination called for in Section
700.370 hereof.
B. Upon
qualification and appropriate application of a consumer the City Clerk
shall admit the consumer to said Time Payment Plan. Time payment shall
allow the consumer to pay the remaining arrears of his account in
five (5) equal installments. The first installment of said time payment
shall be due, along with the consumer's current account, on his next
regular monthly billing. Additional installments, along with current
bills, shall be paid with succeeding monthly billings until said consumer's
account is paid in full.
C. Failure
of the consumer to comply with the requirements of a Time Payment
Plan, or to pay current bills in full during the pendency of said
Time Payment Plan shall result in immediate termination of utility
service to the consumer by the City without additional Notice of Termination.
D. All
other provisions of this Chapter not withstanding, a consumer shall
not be eligible or qualified to enter into a Time Payment Plan if:
1. The consumer has failed to abide by a previous Time Payment Plan;
or
2. The City or any of its departments have reason to believe the consumer
is preparing to leave the corporate limits of the City of Plattsburg;
or
3. The City or its departments have reason to question the consumer's
identity or good faith in requesting an installment payment program.
[Ord. No. 1670 §1, 5-12-2004]
A. The
City shall accept credit cards for the payment of utility charges,
memberships, recreation fees, Municipal Court fines, reimbursements
and all other monies due to the City, except for those charges identified
as real or personal real property taxes or any other use prohibited
by State law.
B. The
type of cards and other service conditions shall be in accordance
with the credit card service agreement between the City and its authorized
credit card service provider.
C. The
City, at its sole option, may decline to accept a credit card payment
from any individual customer.
[Ord. No. 1220 §33, 9-13-1988]
A. All presently delinquent accounts with the City from usage by any consumer of any utility as defined herein shall be notified by the City of their present delinquency. Notice of said delinquency shall be delivered by personal service to the consumer or sent first class mail and shall advise said consumer that the consumer shall have ten (10) days from the date of delivery or from date of the posting of said notice to pay said delinquent utility account in full. Any consumer receiving said notice shall within the said ten (10) day period either pay said delinquent utility bill and accrued penalties in full; contact the City Clerk arranging to pay said delinquent account and penalties in full according to the Time Payment Plan provisions of this Chapter as specified in Section
700.380 hereof for which said consumer shall automatically qualify; or advise the City Clerk of their intention to protest the amount claimed due by the City.
B. If
a consumer shall elect to protest the amount claimed due by the City
the City Clerk shall thereupon instruct the consumer to reduce to
writing the nature of the protest and the consumer shall so execute
the written protest so filed. After the protest is so prepared the
City Clerk shall submit the written protest to the Utility Committee
of the City who shall consider the protest along with any records
of the City to determine the proper amounts of arrears, if any.
C. Upon reaching its decision the Utility Committee shall so notify the consumer and the City of their findings in writing by first class mail. If it shall be determined the consumer is in the arrears to the City, the consumer shall have ten (10) days from the date of mailing of the Committee's decision to pay the determined arrears in full or make application for the Time Payment Plan as specified in Section
700.380 of this Article.
D. Failure
of a consumer to comply with the provisions of this Section shall
result in termination of all utility service to the consumer.