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Legislation #: 951420 Introduction Date: 10/19/1995
Type: Ordinance Effective Date: 11/12/1995
Sponsor: None
Title: Amending Chapter 78 of the Code of Ordinances, City of Kansas City, Missouri, by enacting a new Section 78.15.1, which section shall provide that both the owner and occupant of land receiving water and/or sanitary sewer services shall be deemed to have received such service, authorizing the Director of Water Services to file with the recorder of deeds notices of delinquency for the non-payment of water and/or sanitary sewer charges, said notices to be liens upon the lands receiving such services, providing for administrative review of such liens, and providing for the release or removal of such liens.

Legislation History
DateMinutesDescription
10/19/1995

Prepare to Introduce

10/19/1995

Referred City Operations Committee

10/25/1995

Do Pass

10/26/1995

Assigned to Third Read Calendar

11/2/1995

Passed


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ORDINANCE NO. 951420

 

Amending Chapter 78 of the Code of Ordinances, City of Kansas City, Missouri, by enacting a new Section 78.15.1, which section shall provide that both the owner and occupant of land receiving water and/or sanitary sewer services shall be deemed to have received such service, authorizing the Director of Water Services to file with the recorder of deeds notices of delinquency for the non-payment of water and/or sanitary sewer charges, said notices to be liens upon the lands receiving such services, providing for administrative review of such liens, and providing for the release or removal of such liens.

 

WHEREAS, the statutes of the State of Missouri require that any city issuing revenue bonds for water or sewer services shall collect charges sufficient to maintain and operate the system as well as to pay the principal of and the interest on such bonds; and

 

WHEREAS, the Kansas City Charter and the statutes of the State of Missouri authorize the City to impose liens upon the land receiving water or sewer services if the payment of charges for such services is delinquent; and

 

WHEREAS, the Kansas City Water Services Department desires to utilize this tool as an additional method to collect and enforce the collection of such charges; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section A. That Chapter 78 of the Code of Ordinances, City of Kansas City, Missouri, is hereby amended by adding a new Section 78.15.1, which section shall read as follows:

 

Sec. 78.15.1. Property owner liability for water and sewer services; delinquent charges - liens.

 

(a) Water and sanitary sewer services shall be deemed to be furnished to both the occupant and the owner of the land receiving either or both of such services. Any such delinquent charges incurred by the occupant, if not the landowner, shall be chargeable against any deposit held by the Water Services Department for service to such land.

 

(b) Any charges for metered water service pursuant to this Chapter or levied for sanitary sewer service pursuant to Chapter 60 shall, if not paid by the due date, become delinquent and shall bear interest from the date of delinquency until paid. Delinquent charges shall be a lien upon the land so charged for such service or services, upon the filing of a notice of delinquency with the recorder of deeds in the county where the land is situated. The lien hereby created may be enforced by suit or foreclosure.

 

(c) The Director of Water Services is authorized to file, on behalf of the City, the notice of delinquency as provided in subsection (b) of this section, subject to the following limitations:

 

(1) for one- and two-family residences, if the account is six (6) months delinquent

or the total amount of such delinquency is five hundred dollars ($500.00) or more;

 

(2) for all other service classifications, if the account is three (3) or more months

delinquent, or the total amount of such delinquency is one thousand dollars ($1,000.00) or more.

 

The limitations provided by this subsection shall not prohibit the Director of Water Services, or the Council, from pursuing any other remedies provided by statute or ordinance.

 

(d) Upon the written request of any owner whose land has become subject to a lien as provided in subsection (b) of this section, the Director of Water Services, or a person designated by the Director, shall hold a hearing to ascertain all facts in the matter. The owner requesting such hearing shall be entitled to all rights applicable to a contested case under state administrative review and procedure law. The Director, or his designee, shall prepare written findings and conclusions determining whether the amount of the charges was properly computed, whether such charges were delinquent, or whether the lien should be removed or released for any factual or legal reason. If, after hearing, the Director, or his designee, finds and concludes that the lien should be removed or released, the Director shall take any necessary action to remove or release the lien from the property.

 

(e) When, subsequent to the filing of a notice of delinquency under subsection (b) of this section, the amount of delinquent charges, plus interest and any recording fees or attorneys' fees, have been paid in full, the Director of Water Services shall file with the appropriate recorder of deeds a notice that the delinquency has been satisfied.

 

___________________________________________________________________

 

Approved as to form and legality:

 

 

 

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Assistant City Attorney