(a) An account delinquency and termination notice shall be issued in writing within five days after the delinquency occurs. Notice shall be sent by U.S. mail, first class, to the customer (and a copy also sent by U.S. mail, first class, to the occupant of the premises served if the occupant is not the customer) at the last known address of the customer as shown on the records of the city. Written notice may also be provided by personal service upon the customer by an employee of the City Utility Department or by any city law enforcement officer or by such city employee posting the written notice upon a door of a building upon the property serviced.
(b) The notice of account delinquency and service discontinuance shall provide the following information:
(1) Name of customer and address where service is being provided;
(2) Account number;
(3) Amount past due plus delinquency charges; and
(4) Notice that utility service shall be disconnected upon failure to pay the delinquent billing plus delinquency charges prior to 8:00 a.m. on the first Wamego City Office business day of the following month.
(c) The notice of account delinquency and disconnection shall be substantially in the following form:
NOTICE OF DELINQUENCY AND DISCONNECTION |
Name of Customer |
Service Address |
Account No. |
According to our records,_____________ is PAST DUE as of amounting to $_________. (This amount includes a delinquency charge.) |
We realize this is probably just an oversight on your part, however, service will be disconnected if the above amount is not paid in full prior to 8:00 a.m. on the first Wamego City Office business day of the next month. |
In the event service is disconnected, the above amount plus the charge established under §15-106(a) of the Wamego City Code must be paid before service is restored. |
OFFICE HOURS: 8:00 a.m. - 4:30 p.m. Monday thru Friday (excluding city designated holidays) |
A 24 hour depository is located at the north side of City Hall. |
If you have mailed your remittance since the date of this notice, please contact this office to verify that the payment has been received. |
Utilities will only be reconnected between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday (excluding city designated holidays) unless an emergency occurs. |
(d) At the hearing, the applicant customer and the city shall have the right to present such evidence as is pertinent to the issue, may be represented by counsel, and may examine and cross-examine witnesses; however formal rules of evidence shall not be followed. The hearing shall be conducted by the City Manager or such designated hearing officer as may be appointed by the City Manager with the consent of the governing body. In the event the hearing officer finds utility service(s) should not be discontinued, the hearing officer shall so order and advise the appropriate Utility Superintendent thereof. In the event the hearing officer finds utility service(s) should be discontinued, the hearing officer shall so order and advise the appropriate Utility Superintendent. Utility service(s) shall be discontinued upon the order of the hearing officer. Extensions up to ten days from the date of the order of discontinuance may be granted to enable the customer to make arrangements for reasonable installment payments or for other good cause shown. The customer shall be given notice of order of discontinuance in person or by certified mall. In making a determination of whether discontinuance should be ordered, the hearing officer shall consider, but not be limited to, the following factors: whether discontinuance is dangerous to the health of the customer, the customer’s family or any other residents of the premises affected; the weather; unforeseen financial hardship of the customer; and the medical conditions, ages or disability of the customer, the customer’s family or other residents of the premises.
(Ord. 1209, passed 8-16-1994; Ord. 1619, passed 10-1-2013; Ord. 1648, passed 6-16-2015; Ord. 1668, passed 11-1-2016)