City of Maryville, MO
Nodaway County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[R.O. 2008 §705.010; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
For the purpose of this Chapter, the following words and terms shall have the meanings respectively ascribed:
CUSTOMER
A purchaser of utility service.
DEPARTMENT
Utility Service Billing Department.
DIRECTOR
The Director of the Finance Department for the City of Maryville.
ESTIMATED BILL
A bill for utility services calculated using one (1) or more estimated meter readings for the billing period.
NEW CUSTOMER
A purchaser of utility service not currently receiving service.
RENDITION OF BILL BY THE CITY
The actual date on which the bill was mailed by the City.
UTILITY SERVICES
Water service, sewer service or combination thereof.
[R.O. 2008 §705.020; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Within sixty (60) days after receiving official notice, the owner of any house, building or structure used for human occupancy, employment or recreation located in the City shall install all necessary piping and plumbing and shall connect the same to the utility service system of the City in accordance with the provisions of this Code.
B. 
Without advance written authorization from the City, no customer or other person shall sell or offer for sale at a profit any utility service purchased from the City.
C. 
Any customer reselling utility service shall furnish evidence that the resale is in compliance with this Code and shall install submeters and maintain records at the customer's expense for such purpose as required by the City.
[R.O. 2008 §705.030; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Customers shall apply for utility service at the location designated by the City Manager or his/her designee.
B. 
Each customer shall complete either the application for utility service or the application for transfer of utility service, as applicable.
C. 
Prior to receiving utility service, a separate application must be filed for each service address and the following conditions shall be met:
1. 
A permanently assigned address number shall be obtained from the City and be displayed in a visible location on the property.
2. 
Utility service shall be delivered only upon the City determining that it is practical to render utility service at such location and that the customer's application for service has been approved.
D. 
At the time of the filing of the application, the customer shall fully satisfy all applicable deposits and fees, including meter charges, main contribution charges, tapping fees, security deposits, connection fees and deposits, utility service initiation fees and transfer fees.
E. 
No customer shall be refused service because of race, gender, creed, national origin, marital status, number of dependents.
[R.O. 2008 §705.040; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Service Initiation Fee. At the time of the application for new utility service, the customer shall pay a twenty-five dollar ($25.00) service initiation fee. This provision shall only be applicable to the initiation of service at a new construction site or service by a new customer.
B. 
Transfer Fee. Any existing customer requesting a transfer of utility service to a utility service location which currently receives utility service shall pay a fifteen dollar ($15.00) transfer fee which shall be paid prior to the transfer of the service.
[R.O. 2008 §705.050; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009; Ord. No. 7343 §§1 — 2, 7-25-2011]
A. 
Requirement. For water and/or sewer service, prior to connection, reconnection or delivery of utility service, each customer shall pay a security deposit as a condition of receiving utility service, which deposit shall not bear interest.
B. 
Single-Family Use Deposit. A request for utility services for a single-family dwelling or single-family residential unit within a larger residential building shall include a utility service deposit for water and sewer service of one hundred twenty-five dollars ($125.00) service deposit fee for a sewer only, single-family residential dwelling shall be fifty-five dollars ($55.00).
C. 
Multiple Residential Unit Deposit. A request for utility services for a multiple residential rental unit complex by a single landlord shall include a security deposit based upon the following schedule:
Number of Units
Amount of Security Deposit
1 to 25
$20.00 per unit or $350.00, whichever is greater
26 to 199
$10.00 per unit or $1,000.00, whichever is greater
200 or more
$3,000.00
D. 
Non-Residential Service Deposit. Any request for utility services shall be based on the meter size for the facility serviced as follows:
Meter Size
(inches)
Amount of Deposit
3/4 inch
$150.00
1 inch
$200.00
1 1/2 inch
$275.00
2 inch
$350.00
4 inch
$450.00
6 inch
$550.00
E. 
Deposits For Property Owners Of Multiple Properties. The City shall have sole discretion to negotiate a reasonable deposit fee on property owners who own multiple properties which transfer frequently in a short time frame. The City Manager or his/her designee shall have final approval of this deposit amount and manner of structuring the fee.
F. 
Portable Water Meters. If a portable water meter is requested, the customer shall pay a utility service deposit consistent with the actual cost of the meter.
G. 
Deposit Or Refund. After a customer maintains at least three (3) consecutive years of continuous, timely payments of his/her utility service account, any security deposit previously paid shall be refunded as credit to the customer's utility service account. Any customer who so qualifies shall not be required to maintain a utility service deposit, but shall pay any applicable service initiation fee or service transfer fee. After the requirement for a security deposit is terminated as provided herein, if the utility service of the customer is disconnected for non-payment of a utility bill, the requirement for a security deposit shall be reinstated, and the applicable deposit shall be paid by the customer prior to reconnection or continuation of the utility service.
H. 
Utility service deposits may be transferred, waived, or applied to a new residence or location if the customer is in good standing as described in Subsection (G) above and relocates, completes the necessary application and satisfies the applicable fee for service initiation and/or service transfer fee.
I. 
Upon termination of utility service, any deposit shall be credited against the final utility service bill and the balance, if any, shall be returned to the customer.
J. 
The City shall maintain a record of all deposits received from customers, including the name of the customer, the date and amount of deposit, the location of the premises for which the deposit is initially made and each successive location to which the deposit is applicable.
[R.O. 2008 §705.060; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Except for final bills, utility service billing statements shall be rendered on the last working day of the month and shall be due and payable on or before the fifteenth (15th) day of the following month. All applicable taxes, including sales tax, shall be included in the utility service charges.
B. 
Except as otherwise provided, the billing statement shall reflect the customer's actual utility service usage and shall provide for billing in a reasonable, predictable manner.
C. 
Statements and notices shall be deemed to have been rendered when deposited in the United States mail addressed to the last known address of such customer as reflected by the records of the Department.
D. 
The City shall not be bound by utility service billing statements rendered under mistake as to either quantity and/or nature of service rendered.
E. 
In the event the customer pays by check, credit card or debit card which payment is thereafter rejected or not honored by the financial institution, the amount shall be deemed unpaid retroactive to the date the billing statement was initially rendered.
F. 
Charges for special services may be included on the same billing statement with the utility service charges if the charges for special services are separated from the utility charges.
G. 
The City may divide the service area into sections and/or divide customers into various classes for the purpose of rendering statements. Such sections or classes may be changed from time to time to meet the operating requirements of the City, but shall not affect the amount or rate of any bill.
[R.O. 2008 §705.070; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
A utility service billing statement may be rendered based upon estimated utility service usage when deemed reasonable by the City including, but not limited to, the following circumstances:
1. 
Reading of the utility service measuring device is prevented because of weather conditions, emergency or work stoppage.
2. 
The City determines that the customer has failed to provide safe and reasonable access to the customer's premises for the purpose of determining the actual utility service usage.
3. 
The City concludes that the meter or device measuring the customer's utility usage may provide an inaccurate reading for any reason including damage, tampering or modification of the device.
B. 
Each utility service statement shall clearly and conspicuously state if the amount due is based upon estimated utility service usage.
C. 
The City shall not use estimated utility service usage to render a final utility service statement.
[R.O. 2008 §705.080; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
In determining the date of payment of a utility service bill, the date shall be the date on which the Department posts the remittance.
B. 
All utility service statements shall be due and payable in full on or before the fifteenth (15th) day of the month following the date on which the statement was scheduled to be rendered.
C. 
Any utility service account not paid on or before the fifteenth (15th) of the month shall be deemed past due.
D. 
The City shall immediately assess a past due fee equal to ten percent (10%) of the portion of any utility service bill becoming past due, which additional amount shall immediately be due and payable.
E. 
If the fifteenth (15th) of the month falls on a weekend, holiday or other day when the Department is not open to the general public, the payment due date shall be extended to the close of business of the next day when the department is open to the general public.
[R.O. 2008 §705.090; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
If any portion of a past due utility service account remains unpaid as of close of business the first (1st) day of the month following the month in which the account became past due, said balance shall be declared delinquent.
B. 
Upon the utility service account becoming delinquent, the City shall assess a fifteen dollar ($15.00) delinquency fee, which additional amount shall immediately be due and payable.
C. 
If the first (1st) of the month falls on a weekend, holiday or other day when the Department is not open to the general public, the payment due date shall be extended to the close of business of the next day when the department is open to the general public.
D. 
In addition to assessing the delinquency fee, the City shall commence notification to the customer of the City's intent to terminate utility service to the customer.
[R.O. 2008 §705.100; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
If a customer makes a partial payment on a utility service account, the payment amount shall first (1st) be credited against any past due or delinquent utility service balance.
[R.O. 2008 §705.110; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
In the event a customer requests termination of an existing utility service, the City shall issue a final bill which shall include all amounts due on that account and all amounts owed by the customer to the City on that account shall be payable in full.
B. 
Bills for voluntarily terminated utility service accounts shall be rendered and be considered past due fifteen (15) days after the date the bill was rendered and shall be considered delinquent thirty (30) days after the bill was rendered.
[R.O. 2008 §705.120; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
For utility service provided to a residence that has its own private water and sewer lines, such services shall deem to be furnished to both the customer and owner of the premises receiving such service.
B. 
When the customer 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.
C. 
The City shall have the power and authority to sue the customer or the owner of such real estate or both in a civil action to recover any sums due for services less any deposit that is held by the City plus a reasonable attorney's fee to be fixed by the court.
D. 
When a customer's utility service account is delinquent for more than ninety (90) days, the customer shall be liable for the entire bill, but the owner of the real estate, if other than the customer, shall not be liable for sums due for more than ninety (90) days of service.
E. 
To assist in the collection of any delinquent utility service account, the City may engage the services of third (3rd) parties including a collection agency, locator service or attorney. All additional collection or litigation fees incurred by the City, including all court costs and attorney's fees, shall be paid by the customer.
[R.O. 2008 §705.140; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Except for authorized employees or agents of the City, no person shall disconnect, modify or tamper with any meter or utility service measuring instrument, connect to any meter or disturb utility service lines without advance written permission from the City.
B. 
In the event of any act which has the potential effect of rendering actual utility use readings inaccurate or of allowing receipt of utility service without proper payment, upon posting notice on the residence or location receiving the service or delivering notice to the customer, the City shall be authorized to immediately disconnect the utility service and remove City property from the customer's premises.
C. 
The City may elect to continue utility service or reconnect utility service at the location of the tampering upon the customer's compliance with the City Code including payment by the customer whose measurable demand, usage or bill was affected by such tampering of all applicable fees or deposits as determined by the City. In addition to any other amounts required by other provisions of this Chapter, the customer shall pay the following as determined by the City Manager or his/her designees:
1. 
The actual expenses incurred by the City in replacing and/or repairing City equipment or materials as a result of the tampering including the meter or service lines, the making of any connection and the actual employee costs or contracted expenses incurred; and
2. 
The amount of any City revenue lost attributable to such tampering, as determined by the City Manager or his/her designee;
3. 
The payment of the applicable utility service deposit, if any.
[R.O. 2008 §705.150; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
The City may discontinue utility service to a customer for any legitimate business reason including, but not limited to, the following:
1. 
Non-payment of a delinquent account.
2. 
Failure to post any required security deposit.
3. 
Failure to comply with the terms and conditions of a settlement agreement relating to a current or prior utility account.
4. 
Failure or refusal to grant access at reasonable times for the purpose of inspection, meter reading, maintenance or replacement of equipment installed on the premises of the customer.
[R.O. 2008 §705.160; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Prior to disconnection of utility service for any reason other than tampering, failure or refusal to grant access to equipment or failure to provide correct name of the customer, the City shall provide five (5) business days' notice of its intent to disconnect utility service. Notice may be provided either by mailing written notice to the utility service customer at their address as maintained in the Department or by posting written notice on the exterior door of the building or residence receiving the utility service to be disconnected.
B. 
Such notice shall provide a telephone number and address at which such disconnection may be contested.
C. 
When charges for sewer services are in arrears for more than three (3) months and after the City sends notice to the customer by certified mail, the City may disconnect the customer's sewer line or request in writing that the private or public water company discontinue water service until such time as the sewer charges and all related costs are paid.
D. 
Service shall not be disconnected on a day when the offices of the Department are not available to the public for the purpose of reconnecting service.
[R.O. 2008 §705.170; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
In the event the applicant has failed to use the applicant's correct name, has placed the application in the name of a minor when applying for utility service or has refused to grant access to equipment, the City may disconnect service immediately.
[R.O. 2008 §705.180; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
The notice of disconnection shall contain the following information:
1. 
Name and address of the customer.
2. 
Statement of the reason for the discontinuance.
3. 
Date after which service shall be discontinued unless action is taken by the customer.
4. 
Terms under which connection may be avoided by the customer and cost of reconnection.
5. 
A telephone number and address where the disconnection can be contested.
[R.O. 2008 §705.190; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Notwithstanding any other provisions of this Chapter, the City shall postpone the discontinuance of utility service to a residential customer for a period not to exceed twenty-one (21) days if the City determines that the disconnection will aggravate an existing medical emergency of the customer, of a member of the customer's family or other permanent resident of the premises where service is rendered.
B. 
If the City is advised prior to the date of discontinuance that any portion of the utility service bill is in dispute, the Department shall record the date, place and time the complaint was made and enter into the resolution process with the customer.
[R.O. 2008 §705.200; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
If the provisions of this Chapter have been met, the City may disconnect utility service at the customer's delinquent service address.
B. 
Immediately prior to the disconnection of service, the individual designated to perform such function shall place a notice upon the premises to be disconnected or deliver such notice to a responsible person then upon the premises, giving notice of action about to be taken, the reason for action and address and phone number where inquiries may be made.
C. 
A disconnection fee of fifteen dollars ($15.00) shall be charged to the customer's utility service account upon the dispatch of an employee or designee to disconnect the customer's utility service for any involuntary reason even if disconnection does not occur.
[R.O. 2008 §705.210; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Upon the customer's request, the City shall promptly restore utility service if the cause for discontinuance of service has been eliminated, all fees and deposits have been paid including applicable restoration charges and, if required, satisfactory credit arrangements have been made.
B. 
In the event the customer seeks reconnection at a location following involuntary disconnection, a reconnection fee of fifteen dollars ($15.00) shall be satisfied.
C. 
A reconnection fee of fifty dollars ($50.00) shall be paid in advance by any customer when a utility service reconnection occurs at the customer's request on a weekend, a City holiday or any other time outside the regular working hours of the City personnel completing the reconnection. Reconnection outside of regular working hours shall be in the sole discretion of the City Manager or his/her designee and a utility service customer shall not be entitled to a reconnection outside of regular working hours without the consent of the City.
[R.O. 2008 §705.220; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
The City may at its option refuse to render utility service to any customer whose utility service has been disconnected until:
1. 
The customer has paid in full all applicable charges for all utility service previously provided by the City at the customer's premises and paid for all damage to water meters or property of the City;
2. 
The customer's water piping and service pipes at the customer's sole expense have been placed in a condition acceptable to the City;
3. 
The customer has provided reasonable access to read the meters;
4. 
The customer has paid all appropriate charges including all deposits and utility service fees.
[R.O. 2008 §705.230; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A customer shall give notice containing the address to which any final utility service refund is to be sent. Said notice shall be provided to the Department within sixty (60) days of the date utility service is terminated. In the event the customer fails to provide such notice, the deposit or portion remaining after satisfaction of any utility bills and fees shall be deemed to have been forfeited to the City.
[R.O. 2008 §705.240; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
Any water bill found to be in error may be adjusted by the City Manager or his/her designee as follows:
1. 
Faulty meters. If a meter is found to be in error, then the customer's utility service bill shall be adjusted to the corrected amount, whether said adjustment results in an increase or decrease of the total bill. Adjustment shall not be made to any bill for a utility service period more than sixty (60) days prior to the date of the meter removal and testing. Should the meter fail to register, the quantity of water used shall be by determining the amount used during the same period of the preceding year or the average amount for the three (3) month period immediately preceding the failure.
2. 
Hidden leaks.
a. 
If a utility service customer is the owner of the premises at which a hidden leak is discovered or has responsibility pursuant to contract to maintain water pipes at the premises and the customer verifies that the hidden leak was repaired within five (5) working days after being notified of or discovering the hidden leak, then the customer's water bill may be adjusted in accordance with the additional provisions of this Section.
b. 
If a utility service customer is not the owner of the premises at which a hidden leak is discovered and does not have responsibility pursuant to contract to maintain water pipes, in the event the customer verifies that notification of the owner of the premises occurred within forty-eight (48) hours of the discovery of the hidden leak, then the customer's water bill may be adjusted in accordance with the additional provisions of this Section.
c. 
As used in this Section, the term "hidden leak" shall be understood to be an underground leak from a water line occurring at a location between the meter set and the first (1st) connection to the wall of the residence or structure.
d. 
The amount of refund shall be calculated by reimbursing the customer for an amount equal to one-half (½) the customer's normal charge for the water usage. Said water bill adjustment shall be for a period not exceeding thirty (30) days prior to the repair of the leak in the case of the owner of the premises or for a period not exceeding thirty (30) days prior to the notification of the owner if the customer is not the owner of the premises.
e. 
The amount of refund shall be determined by computing the water usage at the premises for the immediately preceding ninety (90) days as an average monthly use. This average usage amount shall be deducted from the usage during the time period in question. Absent other information, the difference between these two (2) amounts shall be understood to be the amount lost as a result of the leak.
f. 
The maximum refund shall be four hundred fifty dollars ($450.00). Refunds shall be given as credit against the existing customer's utility service bill and the balance refunded by check, money order or other transfer of funds to the customer.
g. 
Adjustments shall not be made for hidden leaks at any structure more than once every twenty-four (24) months, notwithstanding any changes in ownership. As used in this Section, the word "structure" shall be understood to be the location receiving the water. However, in the case of duplexes or apartments, the entire building or complex shall be treated as one (1) structure.
[R.O. 2008 §705.250; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
The department shall cause to be established procedures which will ensure the prompt, efficient and thorough receipt, investigation and resolution of all customer inquiries, service requests and complaints regarding residential utility service and charges.
B. 
The department shall establish personnel procedures which, as a minimum, ensure that:
1. 
Qualified personnel shall be available and prepared at all times during normal business hours to receive and respond to all customer inquiries, service requests and complaints. The department shall make reasonable arrangements to ensure that customers unable to communicate in the English language receive assistance.
2. 
Qualified personnel shall be available during normal business hours to receive and initiate response to customer contacts regarding any discontinuance of service or emergency condition.
3. 
Qualified personnel responsible for and authorized to enter into such written agreements on behalf of the City shall be available at all times during normal business hours to respond to customer inquiries and complaints.
C. 
The complaint regarding utility service may be initiated in person, by telephone or in writing.
D. 
Upon making the complaint, the customer shall make payment in full of the non-disputed portion of the utility service bill, fees and deposits. In the event the customer fails to make payment of the non-disputed amount within three (3) business days from the date of registering the complaint, the customer shall have waived any right to continuance of service and discontinuance of service may proceed.
E. 
Failure of the customer to enter into negotiation with the department within the time period established by the City to resolve a dispute or enter into a settlement agreement shall constitute a waiver of the customer's right to continuance of service and the City may then proceed to discontinue service.
[R.O. 2008 §705.260; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
A. 
When the City Manager or his/her designee and a customer arrive at a mutually satisfactory settlement of any disputed amount or the customer does not dispute liability to the utility but claims inability to pay the outstanding bill in full, the City Manager or his/her designee and the customer may enter into a written settlement agreement. The decision to enter into a settlement shall be at the sole discretion of the City.
B. 
If a customer is in compliance with the terms and conditions of a settlement agreement, service shall not be discontinued for having a delinquent account.
C. 
If the customer fails to comply with the terms and conditions of a settlement agreement, service may be discontinued.
D. 
If a customer complaint or dispute involves the same question or issue presented in a prior complaint or dispute, the City Manager or his/her designee may utilize the facts found in the prior complaint or dispute in resolving the current dispute.
[R.O. 2008 §705.270; Ord. No. 6776 §§1 — 2, 8-22-2005; Ord. No. 7102 §§1 — 2, 4-13-2009]
Notwithstanding any other provisions of law to the contrary, in the event the City terminates service due to delinquency of payment by a customer, the City shall not be liable for civil or criminal damages.