Section 393.555

Title XXV INCORPORATION AND REGULATION OF CERTAIN UTILITIES AND CARRIERS

Chapter 393

Effective - 28 Aug 1986   

  393.555.  Denial of access, filing of affidavit, contents — initial access order, procedure, becomes final order of access, when. — 1.  Upon any denial of access, the utility company may institute an action to acquire access to the utility meter by filing with the associate circuit court of the county in which the residence is located, an affidavit stating:

  (1)  The name of the utility customer in default;

  (2)  The address of the residence in which the utility meter is located;

  (3)  That the utility company is the owner of the utility meter involved;

  (4)  That an access demand notice has been mailed or delivered to the utility customer in default, and attaching thereto a verified copy of such access demand notice; and

  (5)  That there has been a denial of access to the utility meter.

  2.  Upon the filing of the affidavit required by subsection 1 of this section by the utility company, the court shall issue an initial access order requiring the utility customer in default to deliver access to the utility meter to the sheriff, and requiring the sheriff to provide the utility company with access to the utility meter.  Such initial access order must be entered within seven days of the filing of the affidavit.  A copy of the initial access order shall be delivered to the sheriff or court officer, who shall, within five days after its issuance by the court, serve a copy of the initial access order on the utility customer in default and file a return with the court showing that service has been made.  In addition to such attempted personal service, the utility company may request, and thereupon the judge, before whom the proceeding is commenced, shall forthwith make an order directing that the sheriff or court officer shall also immediately serve the same by securely affixing a copy of such initial access order in a conspicuous place at the residence for at least ten days, and by also immediately mailing a copy of the initial access order to the utility customer in default at his last known address by ordinary mail and by certified mail, return receipt requested, deliver to addressee only.  If the sheriff or other court officer shall return that the utility customer in default is not found, or that he has absconded or absented himself from his usual place of abode in this state, and if proof be made of the notice and of the mailing of notice by ordinary mail and certified mail by affidavit of some competent witness, the judge shall immediately proceed with the matter as if there had been personal service of the initial access order.  Each initial access order shall notify the utility customer in default of the right of such utility customer in default to post a bond and request a hearing pursuant to section 393.557.  The court may allow for a period of time from the time of service, which period shall not exceed ten days, in which the utility customer in default may post the bond required by section 393.557.  If no such bond is posted within the period thus established by the court, then the initial access order shall automatically become a final order of access at the close of business on the last day of such period.

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(L. 1986 H.B. 1422 § 3)