[Ord. No. 536 § 1, 5-24-2016; Ord.
No. 536, 12-14-2021]
Every property owner shall be responsible for any utility charges
or fees left unpaid by any tenant of the premises served by the water
or sewer utility. Further, where the landlord or property owner fails
to pay the utility charges, the City may refuse to provide any water
service to the property with the delinquent charge even in the name
of a subsequent tenant or new owner of the property.
[Ord. No. 536 § 2, 5-24-2016; Ord.
No. 536, 12-14-2021]
When a tenant 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. Any notice of termination of service shall be sent to both
the occupant and owner of the premises receiving such service. When
an occupant is delinquent more than thirty (30) days, the owner shall
not be liable for sums due for more than thirty (30) days of service.
[Ord. No. 536 § 3, 5-24-2016; Ord.
No. 536, 12-14-2021]
This Chapter shall be in full force and effect upon its passage
and approval, except that landlords will not be liable for unpaid
delinquent utility bills incurred before the effective date of this
Chapter, unless the utility customer remains a tenant of the landlord
for thirty (30) days past the effective date of this Chapter. The
provisions of this Chapter are severable, as provided in Section 1.140,
RSMo. Those provisions of this Chapter which establish an offense
are subject to the general penalty provisions provided by law, that
is a penalty of zero dollars ($0.00) to five hundred dollars ($500.00)
or zero (0) to ninety (90) days in jail or both a fine and a jail
sentence.
[Ord. No. 536 § 4, 5-24-2016; Ord.
No. 536, 12-14-2021]
A.
To assist landlords in determining that their tenants have responsibly
paid their obligations, the City offers property owners the following
options, which a landlord may select, provided he does so in writing
sent directly to the City Hall. In the absence of a written exercise
of any of these options, the City shall continue its present billing
and collection practices.
1.
Deposit. The City normally charges a utility deposit of one
hundred twenty-five dollars ($125.00). Any landlord may require that
the deposit for his tenants be increased by one hundred percent (100%)
to two hundred fifty dollars ($250.00) or by two hundred percent (200%)
to three hundred seventy-five dollars ($375.00) and that utility service
not be provided until the entire deposit is paid. (If the City should
raise its utility deposit in the future, the one hundred percent (100%)
or two hundred percent (200%) increases would be adjusted accordingly).
If the City should fail to follow this instruction, the landlord shall
be relieved of that portion of the charge that would have been paid
if the correct deposit had been charged.)
2.
The City normally permits a delinquent utility account to accumulate for weeks or even months past the due date, if it appears that the customer is making a reasonable effort to pay the account. Any landlord may request that any or all of his tenants be immediately disconnected from utility service upon failure to pay an account by the due date. If the City should fail to follow this request, the failure will not relieve the landlord of his obligation to pay the delinquent account. However, the landlord may elect the option in Subsection (A)(3) below, and determine for himself that the City has followed his direction and notify the City of any failure.
3.
Duplicate billing. Normal City practice is to only bill the
tenant for the utility service provided. Upon written request the
City will send a duplicate bill each month to the landlord, so the
landlord can determine to his satisfaction that the bill is paid.
It is the responsibility of the landlord to notify the City if this
direction is not being followed. In absence of a prior complaint of
no duplicate billing, the landlord shall not be excused from liability
if the tenant fails to pay.
4.
Written introduction of tenants. The City normally accepts oral
instructions from a tenant directing that utility service be turned
on at a landlord's property. Any landlord may instruct that no
utility service will be provided unless the landlord sends with the
tenant a written introduction and instruction to turn on the utility
service.
