[Ord. No. 364, 2-20-2019]
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. However, 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. 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. 364, 2-20-2019]
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 ninety (90) days, the owner shall
not be liable for sums due for more than ninety (90) days of service.
[Ord. No. 364, 2-20-2019]
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
(2-20-2019), unless the utility customer remains a tenant of the landlord
for ninety (90) days past the effective date of this Chapter (2-20-2019).
The provisions of this Chapter are severable, as provided in Section
1.140 of the Revised Statutes of Missouri. 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. 364, 2-20-2019]
A.Â
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/she 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.Â
The City may permit a delinquent utility account to accumulate past
the due date if it appears that the customer is making a reasonable
effort to pay the account. Notwithstanding the foregoing, any landlord
may request that any or all of his/her tenants be immediately disconnected
from utility service upon failure to pay an account by the due date.
Notice, in writing, to the City of Warsaw shall be sufficient to exercise
this option.
2.Â
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/her 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.
3.Â
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.
