Chapter 13.06
COLLECTION OF
DELINQUENT SEWER CHARGES – HEARING PROCEDURE
Sections:
13.06.010 Failure to comply with regulations or pay charges.
13.06.020 Delinquent accounts – Procedure.
13.06.040 Discontinuance of service.
13.06.010 Failure to comply with regulations or pay charges.
On the failure of any owner or consumer to comply with the rules and regulations provided in this chapter, or upon violation of any of the provisions of this chapter, by any owner or consumer or sewer system user, or on the failure to pay the charges established for the use of said sewer system required by any applicable city ordinance or resolution established in the rates that the user or consumer may be for the use of said system, the city sewer service of any such owner, consumer or sewer system user may be discontinued by the authorized representative or any other person designated by the common council of the city, subject to the rules and regulations set out in CMC 13.06.020(A). [Ord. 1953 § 1, 1996.]
13.06.020 Delinquent accounts – Procedure.
A. A sewer account is delinquent when it is not paid within 30 days following the date of billing of said account.
B. A second notice shall be mailed to all past due accounts on or about 30 days following the original billing date. The second notice shall state that sewer service may be discontinued after the fifteenth day following the date of the second notice.
C. At least 24 hours prior to the discontinuance of sewer service for delinquency, a delinquency notice shall be left at the premises receiving sewer service, or if unable to reasonably access premises, notice shall be mailed to the customer. The delinquency notice shall state when sewer services shall be turned off unless all delinquent amounts and charges are paid. An administrative charge set by city council resolution shall be added to the account if the account has not been paid and a delinquency notice has been mailed to the customer or left at the premises receiving sewer services.
D. In all instances where sewer service has been discontinued because of a delinquency, a restoration fee set by council resolution shall be collected in addition to the delinquent amount prior to restoration of service.
E. The city recorder or his or her agent, in the case of extreme hardship or by prior arrangement with the customer, shall have the discretion not to discontinue service to a delinquent account upon acceptance of a valid plan for payment of all past due charges.
F. If the customer disputes the amount due on the account, the customer shall have 15 days from the date of the second notice within which to file a written request to have the account reviewed by the city recorder or the city council. The request shall state the reasons why the customer believes the amount to be in error.
1. Any customer seeking timely review of a sewer bill in writing shall be heard before discontinuation of sewer service. The hearing shall be held by the city recorder or other person so designated by the city council and may include a hearing in front of the city council. The decision by the city recorder, the person designated by the city council, or the city council itself, shall be final.
2. After the hearing, if the city recorder or the city council’s designate, or the city council finds in favor of the customer, any or all of the appropriate charges may be returned to the customer or credited to the customer’s account based upon the findings made at the hearing. If the city finds that the customer owes the city any money, the customer shall pay the amount due within the time ordered by the city. If the amount is not paid, sewer service shall be discontinued pursuant to the 15-day notice set out in subsection B of this section.
G. Final bills are due and payable upon receipt. After 30 days the account shall be rebilled. If the account is not paid after an additional 60 days, the account shall be turned over to a collection agency or at its option, the city may file, perfect and foreclose upon a lien filed against the real property for which the service was furnished pursuant to ORS 454.225.
H. In cases where termination of service for a delinquent account may cause severe hardship or loss of life, the city may initiate other collection procedures against the customer. This action may include the use of a court of competent jurisdiction. [Ord. 1953 § 1, 1996.]
13.06.030 Service of notice.
A. Notices required to be given by the city will normally be given in writing and may be delivered personally or mailed to the address for which the sewer service is rendered.
B. Notice from a customer or customer’s agent may be given to the city orally in writing presented at City Hall. [Ord. 1953 § 1, 1996.]
13.06.040 Discontinuance of service.
Service may be discontinued for the following reasons:
A. Nonpayment of bill;
B. A customer’s sewer service may be discontinued if the sewer bill is not paid in accordance with procedures as listed in CMC 13.06.010;
C. Noncompliance. The city may, unless otherwise provided, discontinue sewer service to a customer for noncompliance with any of these regulations any time after five days of giving of written notice to the customer of the city’s intention to discontinue service. If such noncompliance affects matters of health or safety or other conditions that warrant such action, the city may discontinue sewer service immediately;
D. Customer Requests for Service Discontinuance. A customer may have sewer service discontinued by notifying the city reasonably well in advance of the desired date of discontinuance. The customer shall pay all sewer charges until the date of such discontinuance. If notice is not given, the customer will be required to pay for the sewer service until the date the city has learned that the customer has vacated the premises or otherwise has discontinued services. Any temporary discontinuance of service requested by the customer for repairs or maintenance to the customer’s system may be done for a charge set by city council resolution. This charge may be waived due to an emergency situation which is not controlled or caused by the customer or where the service is discontinued by request or direction of the city or discontinued due to no fault of the customer. [Ord. 1953 § 1, 1996.]