[CC 1974 §24-3; Ord. No. 147 §1, 2-10-1982]
A.
Any
resident of the City over seventeen (17) years of age desiring water
service at a residence shall complete and submit to the utility a
"Residential Water Service Application and Agreement". The application
and agreement shall request the following information:
1.
The name and signature of the applicant;
2.
The residential address to be supplied water service;
3.
The prior residential address of the prospective residential customer;
4.
The name and signature of the prospective residential customer, if
different than the applicant's; and
5.
The desired date for commencement of water service.
B.
The
application and agreement form shall also contain the following:
1.
Written assurance to the prospective residential customer that the
customer shall receive, upon request, a copy of this Section and all
regulations promulgated under it;
2.
Written acknowledgment by the prospective residential customer that,
as the residential customer, he/she is responsible for the timely
and complete payment of all water charges and all installments and
surcharges arising from water service supplied to the residence identified
in the application and agreement form;
3.
Written agreement by the prospective residential customer that if
the residential customer is delinquent in the payment of his/her water
bill and the delinquency is referred to an attorney for collection,
the residential customer agrees to pay, in addition to the delinquent
water bill, the cost of collecting the delinquency, including reasonable
attorney's fees.
C.
Water
service shall not be supplied to any prospective residential customer
if that person has any outstanding and unpaid water charges and/or
installments and surcharges arising from prior water service to this
prospective residential customer.
[CC 1974 §24-4; Ord. No. 99 §6, 11-11-1970; Ord. No. 147 §1, 2-10-1982; Ord. No. 302 §2, 11-12-2003; Ord. No. 531, 12-12-2018[1]; Ord. No. 541, 5-8-2019]
A.
All existing water customers who do not satisfy their outstanding water account within forty-five (45) days of billing shall be required to deposit two hundred fifty dollars ($250.00) as a water security deposit to continue water service. Failure of a water customer to deposit the two hundred fifty dollars ($250.00) as a security deposit pursuant to this Section and to fully satisfy any outstanding balance within twenty (20) days after billing for such security deposit, shall be deemed to be a delinquent billing and the provisions of Sections 700.080 and 700.100 with regard to termination of service and residential customer's disputes shall apply. Water deposits with the City may be used to satisfy any outstanding balance of the water customer thirty (30) days after billing. Any deposit or portion thereof used to satisfy an account must be deposited by the customer within twenty (20) days of billing or the customer and his or her account shall be deemed to be a delinquent billing. Notwithstanding the above, each customer as described herein that shall have service shut off or disconnected, and shall, at reconnection, be deemed to be a new customer as set forth below.
B.
All new customers (including connection for new or additional service by existing customer) shall be required to pay two hundred fifty dollars ($250.00) as a water service deposit, prior to the connection or reconnection of water service. The said deposit shall be made payable to the City of Lake Waukomis and delivered to City Hall. Failure of the residential customer who owns or rents the residence to maintain a deposit two hundred fifty dollars ($250.00) as a security deposit pursuant to this Section, after billing for such security deposit, shall be deemed to be a delinquent billing and the provisions of Sections 700.080 and 700.100 with regard to termination of service and residential customer's disputes shall apply.
C.
Prior to the issuance of a rental agreement permit pursuant to Section 520.020, the proposed lessee under the rental agreement is required to become a new customer under Subsection (B) hereof and the water account shall be in the name of the lessee. The lessor in such rental agreement shall continue to have liability to the City to the extent of Section 250.140, RSMo.
D.
All
water deposits shall be retained by the City until used to pay outstanding
balances, or, services have been terminated as provided in these ordinances,
provided all water charges have been fully paid by the customer. In
the event there are remaining water and service charges, the deposit
shall be used to pay said charges, and any additional charges due
pursuant to these ordinances; and the amount remaining from said deposit,
if any, after the said charges have been paid shall be refunded to
the customer.
[1]
Editor's Note: Ord. No. 531 also changed the title of this
Section from "Deposits — Owners of Residences" to "Deposits
— Water Customers."
[1]
Editor's Note: Former Section 700.050, Deposits — Renters,
which derived from CC 1974 §24-5; Ord. No. 147 §1, 2-10-1982; Ord. No. 302 §2, 11-12-2003, was repealed 5-8-2019 by Ord. No. 541. See now Section 700.040(C).
[CC 1974 §24-6; Ord. No. 99 §3, 11-11-1970; Ord. No. 100 §1, 11-11-1970; Ord. No. 127 §1, 7-23-1978; Ord. No. 143 §1, 6-10-1981; Ord. No. 148 §1, 5-12-1982; Ord. No. 176 §1, 6-13-1990; Ord. No. 184 §1, 11-13-1991; Ord. No. 268 §1, 10-23-2000; Ord. No. 270 §1, 3-14-2001; Ord. No. 275 §1, 6-13-2001; Ord. No. 351 §I, 11-14-2007; Ord. No. 368 §I, 2-11-2009; Ord.
No. 491, 5-11-2016; Ord. No. 503, 5-10-2017; Ord. No. 514, 5-9-2018; Ord.
No. 539, 5-8-2019; Ord. No. 555, 4-17-2020; Ord. No. 562, 4-14-2021; Ord.
No. 573, 5-11-2021]
The water rates charged by the City of Lake Waukomis shall be
as follows:
Up to 1,000 gallons: $31.32 (Plus current monthly sewer charges
of $52.76 plus $56.00 user fee; $35.00 of the user fee to sunset in
2 years which would be June 1, 2024).
Next 1,001 — 2,000 gallons: $21.19.
Next 2,001 — 3,000 gallons: $12.81.
Next 3,001 — 4,000 gallons: $11.06.
Above 4,000 gallons: $10.88 per 1,000 gallons.
[CC 1974 §24-7; Ord. No. 99 §§2, 4, 5, 11-11-1970; Ord. No. 147 §1, 2-10-1982; Ord. No. 544, 6-12-2019]
A.
Owner, occupant and/or customer shall reasonably maintain the water pit in which the water meters are located so to allow the City to safely read, service and maintain the meters. Failure to maintain the water pit may cause a termination of water service pursuant to Section 700.080.
B.
Water
meters serving all residences shall be read monthly and as close as
possible to the twentieth (20th) day of the month. Bills for the water
service shall be processed and mailed to the residential customer
as close as possible to the twenty-fifth (25th) day of the month.
All residential customers will be given until the twentieth (20th)
day of the following month after the meter is read in which to pay
the bill without penalty. Penalty in the amount of ten percent (10%)
of the amount of the delinquent bill shall be applied to all water
service bills remaining unpaid after the twentieth (20th) day of that
month and the penalty will be added to that account.
[CC 1974 §24-8; Ord. No. 99 §7, 11-11-1970; Ord. No. 147 §1, 2-10-1982; Ord. No. 179 §2, 9-12-1990; Ord. No. 469, 3-11-2015; Ord. No. 544, 6-12-2019]
A.
If
the water pit in which the water meter is located is not maintained
so as to allow the City to safety read and service the meter, notice
of such failure and of termination shall be mailed to the customer
by First Class Mail at the address shown on the application or personally
served upon the customer giving the following information:
1.
The condition which needs to be corrected or repaired.
2.
The date of the notice of termination.
3.
Notice that unless the Water Department’s inspection shows
that the condition has been corrected or repaired, prior to the date
of termination, water service shall be terminated.
4.
The date of termination, which shall be no sooner than ten (10) days
from the date of the notice of termination.
B.
If payment is not received for a delinquent water billing by the
time of the customer's next monthly billing, notice of the unpaid
billing and of termination shall be mailed to the customer by First
Class Mail at the address shown on the application or personally served
upon the customer within three (3) days after the payment date. The
notice of termination shall contain the following:
1.
The amount to be paid.
2.
The date of the notice of termination.
3.
The date of termination, which shall be ten (10) days from the
date of the notice of termination.
4.
Notice that unless the Water Department receives complete payment
of the amount shown prior to the date of termination, water service
shall be terminated.
5.
Notice that in lieu of paying the entire amount shown, a residential
customer, prior to the date of termination, may notify the Water Department
in writing that he/she disputes the correctness of all or part of
the amount shown if all or part of the amount shown was not subject
to previous dispute under this Section.
C.
The Water Department shall terminate water service provided to the
residential customer on the date of termination set forth in the notice
unless prior to that date:
1.
The Water Department’s inspection has determined that the condition which caused the notification under Subsection (A) above has been remedied; or
2.
The Water Department has received complete payment of the amount shown on the notice of termination pursuant to Subsection (B); or
3.
The residential customer has notified the Water Department it disputes
the substance of the City’s notice of termination.
[1]
Editor's Note: Former Section 700.090, Reinstatement of Water
Service, which derived from CC 1974 §24-9; Ord.
No. 99 §8, 11-11-1970; Ord. No. 147 §1, 2-10-1982, was repealed 9-16-2019 by Ord. No. 551.
[CC 1974 §24-10; Ord. No. 147 §1, 2-10-1982; Ord. No. 544, 6-12-2019]
A.
The
procedure for residential customer dispute shall be as follows:
1.
Before the date of termination, the residential customer shall notify
the Water Department in writing that he/she disputes the substance
of the facts giving rise to the Notice of Termination, stating as
completely as possible the basis for the dispute.
2.
If the Water Department determines the present dispute is untimely
or that the residential customer previously disputed the correctness
of all or part of the reason for the notice of termination shown,
the Water Department shall mail the customer another statement that
the dispute is untimely and invalid. The Water Department shall then
proceed as if the customer had not notified the Water Department of
the present dispute.
3.
If the Water Department determines that the present dispute is not
untimely, the Water Department, within three (3) business days after
receipt of the customer's notice, shall arrange an informal meeting
between residential customer and an official of the Water Department.
4.
Based on the Water Department's records or investigation, the customer's
allegations and all other relevant materials available to the official,
the official shall meet with the customer to attempt to resolve the
dispute and to give the customer a chance to have the water Department
consider any materials offered by the customer relevant to the dispute.
5.
Within five (5) days of the completion of the meeting, the official
shall mail to the customer a copy of his/her written decision regarding
the dispute.
B.
Utilization
of the dispute procedure shall not relieve a residential customer
of his/her obligation to timely and completely remedy undisputed reasons
for the notice of termination and pay all other undisputed water charges
and/or surcharges. Until the date of the water official's decision,
the utility shall not terminate the utility service at this residential
customer and shall not issue a notice of termination to him/her solely
for non-payment of the disputed amounts or the failure to remedy the
disputed condition of the water pit. If it is determined by the Water
Department official that the customer’s reason for the appeal
is not valid or approved, the Water Department decision endorsed by
the Mayor shall be promptly mailed to the customer by certified mail
at the address shown upon the customer's application, or personally
delivered to the customer, a notice of termination which shall contain
the following:
1.
The amount to be paid or the condition of the pit which needs to
be remedied.
2.
The date of the notice of termination.
3.
The date of termination which shall be ten (10) days after the date
of the notice of termination.
4.
Notice that unless the Water Department receives complete payment
of the amount shown or the condition remedied prior to the date of
termination, the utility service shall be terminated.
[Ord. No. 546, 7-10-2019]
A.
In
addition to the duties and powers set forth in other City Ordinances,
the Building Inspector shall have the powers and duties to do the
following:
1.
Supervise all inspections required or authorized concerning water meter pits and shall cause the Building Inspector to make such inspections and perform all the duties required of him/her. Upon receiving a complaint or report from any source that a water meter pit exists in the City that is not compliant with Section 700.070(A) in that it’s condition does not allow the City to safely read, maintain and/or service the water meter contained therein, the Building Inspector shall cause an inspection to be made forthwith. If the Building Inspector deems it necessary to the performance of his/her duties and responsibilities imposed herein, the Building Inspector may request an inspection and report be made by any other City department or retain the services of an expert whenever the Building Inspector deems such service necessary. If the Building Inspector or the report indicates that a water meter pit is not compliant with Section 700.070(A) in that the condition of the pit does not reasonably allow the City to safety read, service and/or maintain the water meter located within said water pit, (in addition to any remedy available to the City) the Building Inspector shall cause a notice to be sent to the owner and occupant (if not the owner) of the property by regular mail giving the owner and/or occupant fifteen (15) days from the date of mailing the notice to complete the work of bringing the water meter pit into compliance.
2.
Upon receipt of a report from the Building Inspector indicating failure
by the owner and/or occupant, to complete the work of bringing the
water meter pit into compliance within the time specified in the notice,
hold a hearing giving the affected parties full and adequate of a
hearing on the matter as described in this Section.
3.
The Building Inspector shall give written notice of said hearing,
either by personal service or by certified mail, return receipt requested,
or if service cannot be had by either of those modes of service, then
by publication in a newspaper qualified to publish legal notices,
at least ten (10) days in advance of the hearing date, to the owner
as shown by the land records of the Recorder of Deeds of Platte County
and occupant, who may appear before the Building Inspector on the
date specified in the notice to show cause why the water meter pit
should not be repaired with the statement of particulars set forth
in the Building Inspector's notice as provided herein. Any party may
be represented by counsel and all parties shall have an opportunity
to be heard.
4.
The Building Inspector shall make written findings of fact from the evidence offered at said hearing as to whether or not the water meter pit in question is non-compliant with Section 700.070(A).
5.
If the evidence supports a finding based upon competent and substantial evidence that the water meter pit is non-compliant with Section 700.070(A), the Building Inspector shall issue an order based upon its findings of fact commanding the owner as shown by the land records of the Recorder of Deeds of Platte County and/or occupant to repair the water meter pit and make it compliant with Section 700.070(A), to prevent the acquiring by the City of the lien against the land where the water pit is located. If the evidence does not support a finding that the water meter pit is non-compliant with Section 700.070(A), no order shall be issued.
6.
If the owner and/or occupant fails to comply with the order to make
repairs within thirty (30) days, the Building Inspector may cause
such water meter pit to be repaired. If the Building Inspector or
other designated officer or officers issues an order whereby the water
meter pit is repaired by the City, the cost of performance shall be
certified to the City Clerk or officer in charge of finance who shall
cause a special tax bill or assessment therefor against the property
on which the water meter pit is located to be prepared and collected
by the City Collector or other official collecting taxes. The tax
bill from the date of its issuance shall be deemed a personal debt
against the property owner and shall also be a lien on the property
until paid. Said tax bill or assessment shall bear interest at a rate
of eight percent (8%) per annum until paid.
B.
The remedies available to the City pursuant to Section 700.105(A) shall be in addition to any other remedy available to the City including but not limited to those set forth in Sections 700.080 and 700.100.
[Ord. No. 301 §§1 —
6, 11-12-2003]
A.
Occupants
will be billed for utility services to a residence after paying required
security deposits and completing an application for services.
B.
If
the occupant moves from the residence, owing a utility bill, the occupant
will, when possible, be billed for the unpaid utility bill of the
City.
C.
If
the debt for unpaid utilities is not paid by the occupant within thirty
(30) days, the owner of the residence will be required to pay the
outstanding debt to ensure service to the residence.
D.
Pursuant
to Section 250.140(1) RSMo., the City shall, if necessary, sue the
occupant or owner or both of such residence in a civil action to recover
any sums due for such services plus a reasonable attorney fee.
E.
If
the occupant of the residence receives the billing, any notice of
termination of service shall be sent to both the occupant and owner
of the residence receiving such service, if such owner has requested
in writing to receive any notice of termination and has provided the
City with the owner's business addresses.
F.
If
the owner requests that services be continued after an occupant is
no longer residing at the residence for cleaning purposes, the owner
will be billed no less than a minimum monthly service. If the owner
does not request the continuation of service under these conditions,
the water shall be turned off until the next occupant completes the
application process.
