12-808c.   Municipalities; lien for utilityservices.(a) Except as provided in subsection (b), if any person,firm, corporation,organization, political or taxing subdivision of the state or other entityother than the state of Kansasand the federal government residing, occupying, using or operating on propertyto which is providedutility services by a utility owned or operated by a municipality, neglects,fails or refuses to pay thefees or charges for such service, the unpaid fees or charges shall constitute alien upon the propertyto which such utility service is provided. The amount of the unpaid fees orcharges shall be certifiedby the governing body of the municipality to the county clerk of the county inwhich such propertyis located, to be placed on the tax roll for collection, subject to the samepenalties and collected inthe same manner as other taxes are collected by law. The governing body mayrefuse the deliveryof such utility service as otherwise permitted by law until such time as such charges are fully paid.

      (b)   A lien shall not attach to property for unpaid utility fees or charges,when the utilityservice has been contracted for by a tenant and not by the landlord or owner ofthe property to whichsuch service is provided.

      (c)   Except as provided by this subsection, no municipality which providesutility services shall refuse to contractwith a tenant forprovision of such services to property occupied by such tenant.A municipality shall not be required to contract with any person if such personhas outstanding or unpaid charges for utility services provided by suchmunicipality.

      (d)   A municipality may require a single deposit to be paid by a customer forall utility services, except that such deposit shall not exceed an amount equalto the expected average bills for a three month period for such utilityservices.

      (e)   When used in this section:

      (1)   "Municipality" means any city, county, township, water district,improvement district orother political or taxing subdivision of the state or any agency orinstrumentality of a municipalitywhich provides utility servicesbut does not include any rural water district organized pursuant to K.S.A.82a-612 et seq., and amendments thereto.

      (2)   "Utility services" means refuse, trash, garbage or other solid wastecollection anddisposal, sewer, water, gas and electric power services.

      History:   L. 2006, ch. 95, § 1; July 1.