Services deemed furnished both to occupant and owner ofpremises--payment delinquency, notice of termination sent to bothoccupant and owner of premises--applicability--unapplied-for utilityservices, defined.
250.140. 1. Sewerage services, water services, or water and sewerageservices combined shall be deemed to be furnished to both the occupant andowner of the premises receiving such service and, except as otherwiseprovided in subsection 2 of this section, the city, town, village, or sewerdistrict or water supply district organized and incorporated under chapter247, RSMo, rendering such services shall have power to sue the occupant orowner, or both, of such real estate in a civil action to recover any sumsdue for such services less any deposit that is held by the city, town,village, or sewer district or water supply district organized andincorporated under chapter 247, RSMo, for such services, plus a reasonableattorney's fee to be fixed by the court.
2. When the occupant is delinquent in payment for thirty days, thecity, town, village, sewer district, or water supply district shall make agood faith effort to notify the owner of the premises receiving suchservice of the delinquency and the amount thereof. Notwithstanding anyother provision of this section to the contrary, when an occupant isdelinquent more than ninety days, the owner shall not be liable for sumsdue for more than ninety days of service; provided, however, that in anycity not within a county and any home rule city with more than four hundredthousand inhabitants and located in more than one county, until January 1,2007, when an occupant is delinquent more than one hundred twenty days theowner shall not be liable for sums due for more than one hundred twentydays of service, and after January 1, 2007, when an occupant is delinquentmore than ninety days the owner shall not be liable for sums due for morethan ninety days. Any notice of termination of service shall be sent toboth the occupant and owner of the premises receiving such service.
3. The provisions of this section shall apply only to residences thathave their own private water and sewer lines. In instances where severalresidences share a common water or sewer line, the owner of the realproperty upon which the residences sit shall be liable for water and sewerexpenses.
4. Notwithstanding any other provision of law to the contrary, anywater provider who terminates service due to delinquency of payment by aconsumer shall not be liable for any civil or criminal damages.
5. The provisions of this section shall not apply to unapplied-forutility services. As used in this subsection, "unapplied-for utilityservices" means services requiring application by the property owner andacceptance of such application by the utility prior to the establishment ofan account. The property owner is billed directly for the servicesprovided, and as a result, any delinquent payment of a bill becomes theresponsibility of the property owner rather than the occupant.
(L. 1951 p. 638 § 12, A.L. 2002 S.B. 932, A.L. 2005 H.B. 58 merged with S.B. 210)
Services deemed furnished both to occupant and owner ofpremises--payment delinquency, notice of termination sent to bothoccupant and owner of premises--applicability--unapplied-for utilityservices, defined.
250.140. 1. Sewerage services, water services, or water and sewerageservices combined shall be deemed to be furnished to both the occupant andowner of the premises receiving such service and, except as otherwiseprovided in subsection 2 of this section, the city, town, village, or sewerdistrict or water supply district organized and incorporated under chapter247, RSMo, rendering such services shall have power to sue the occupant orowner, or both, of such real estate in a civil action to recover any sumsdue for such services less any deposit that is held by the city, town,village, or sewer district or water supply district organized andincorporated under chapter 247, RSMo, for such services, plus a reasonableattorney's fee to be fixed by the court.
2. When the occupant is delinquent in payment for thirty days, thecity, town, village, sewer district, or water supply district shall make agood faith effort to notify the owner of the premises receiving suchservice of the delinquency and the amount thereof. Notwithstanding anyother provision of this section to the contrary, when an occupant isdelinquent more than ninety days, the owner shall not be liable for sumsdue for more than ninety days of service; provided, however, that in anycity not within a county and any home rule city with more than four hundredthousand inhabitants and located in more than one county, until January 1,2007, when an occupant is delinquent more than one hundred twenty days theowner shall not be liable for sums due for more than one hundred twentydays of service, and after January 1, 2007, when an occupant is delinquentmore than ninety days the owner shall not be liable for sums due for morethan ninety days. Any notice of termination of service shall be sent toboth the occupant and owner of the premises receiving such service.
3. The provisions of this section shall apply only to residences thathave their own private water and sewer lines. In instances where severalresidences share a common water or sewer line, the owner of the realproperty upon which the residences sit shall be liable for water and sewerexpenses.
4. Notwithstanding any other provision of law to the contrary, anywater provider who terminates service due to delinquency of payment by aconsumer shall not be liable for any civil or criminal damages.
5. The provisions of this section shall not apply to unapplied-forutility services. As used in this subsection, "unapplied-for utilityservices" means services requiring application by the property owner andacceptance of such application by the utility prior to the establishment ofan account. The property owner is billed directly for the servicesprovided, and as a result, any delinquent payment of a bill becomes theresponsibility of the property owner rather than the occupant.
(L. 1951 p. 638 § 12, A.L. 2002 S.B. 932, A.L. 2005 H.B. 58 merged with S.B. 210)
Services deemed furnished both to occupant and owner ofpremises--payment delinquency, notice of termination sent to bothoccupant and owner of premises--applicability--unapplied-for utilityservices, defined.
250.140. 1. Sewerage services, water services, or water and sewerageservices combined shall be deemed to be furnished to both the occupant andowner of the premises receiving such service and, except as otherwiseprovided in subsection 2 of this section, the city, town, village, or sewerdistrict or water supply district organized and incorporated under chapter247, RSMo, rendering such services shall have power to sue the occupant orowner, or both, of such real estate in a civil action to recover any sumsdue for such services less any deposit that is held by the city, town,village, or sewer district or water supply district organized andincorporated under chapter 247, RSMo, for such services, plus a reasonableattorney's fee to be fixed by the court.
2. When the occupant is delinquent in payment for thirty days, thecity, town, village, sewer district, or water supply district shall make agood faith effort to notify the owner of the premises receiving suchservice of the delinquency and the amount thereof. Notwithstanding anyother provision of this section to the contrary, when an occupant isdelinquent more than ninety days, the owner shall not be liable for sumsdue for more than ninety days of service; provided, however, that in anycity not within a county and any home rule city with more than four hundredthousand inhabitants and located in more than one county, until January 1,2007, when an occupant is delinquent more than one hundred twenty days theowner shall not be liable for sums due for more than one hundred twentydays of service, and after January 1, 2007, when an occupant is delinquentmore than ninety days the owner shall not be liable for sums due for morethan ninety days. Any notice of termination of service shall be sent toboth the occupant and owner of the premises receiving such service.
3. The provisions of this section shall apply only to residences thathave their own private water and sewer lines. In instances where severalresidences share a common water or sewer line, the owner of the realproperty upon which the residences sit shall be liable for water and sewerexpenses.
4. Notwithstanding any other provision of law to the contrary, anywater provider who terminates service due to delinquency of payment by aconsumer shall not be liable for any civil or criminal damages.
5. The provisions of this section shall not apply to unapplied-forutility services. As used in this subsection, "unapplied-for utilityservices" means services requiring application by the property owner andacceptance of such application by the utility prior to the establishment ofan account. The property owner is billed directly for the servicesprovided, and as a result, any delinquent payment of a bill becomes theresponsibility of the property owner rather than the occupant.
(L. 1951 p. 638 § 12, A.L. 2002 S.B. 932, A.L. 2005 H.B. 58 merged with S.B. 210)
