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Topeka utilities to mail 694 delinquency notices totaling $566,342 ahead of proposed lien ordinance; residents press staff for alternatives
Summary
Deputy utilities director Nicole Mowat told the council the utility department will mail 694 30-day notices covering $566,342 in delinquent balances and return May 5 for a lien-ordinance vote; public commenters and several council members urged more outreach and internal enforcement before liens are imposed.
The utilities department plans to mail 694 30-day notice letters to property owners with delinquent utility accounts totaling $566,342 and will return to the governing body on May 5 for consideration of an assessment (lien) ordinance, Utilities Deputy Director Nicole Mowat said on March 17.
Mowat said the accounts on the draft list are delinquent at least 90 days and that since the agenda was posted, staff removed 63 accounts (about $36,000) because customers paid, arranged payments, or ownership changed. She said liens can be assessed only when the account holder is also the recorded property owner and described liens as a more cost-effective collection method that assesses only past-due amounts (no additional fees or interest compared with collection-agency routes).
Public commenters urged caution. Danielle Twemlow, who said she’d reviewed contracts and related documents, urged stronger internal enforcement of contractor obligations and claimed the city could recover money by enforcing contract provisions. Pat Delap questioned legal exposure, warned liens could harm residents’ credit, argued some previous consultant recommendations were incorrect, and called the approach “greed.”
Council members asked for more detail about the size of accounts being targeted (some in the $800–$900 range and others smaller), and staff explained amounts vary by timing and whether accounts include base-readiness charges plus stormwater. Several council members emphasized outreach: Council Member Ortiz urged staff to emphasize the availability of payment plans and to be compassionate for accounts involving deceased owners or other extenuating circumstances. Council Member Valdivia Alcala said she would not support the ordinance as proposed and called for an independent audit of utility practices.
Next steps: Staff will mail the 30-day notices, continue to accept payments or arrangements that will remove accounts from the list, and return to the governing body on May 5 with an ordinance for adoption. If adopted, staff said the county would begin entering assessments on June 1.
Why it matters: The lien process could affect hundreds of property owners; council members and public commenters framed the issue as a mix of revenue collection and consumer-protection questions.
