Chapter 13.09
BILLING AND COLLECTION OF UTILITY CHARGES
Sections:
13.09.010 Combined utility billing.
13.09.020 Application for service.
13.09.050 Owner responsible for utility charges.
13.09.060 Utility charge liens.
13.09.070 Billing and collection.
13.09.080 Payment arrangements.
13.09.010 Combined utility billing.
Any combination of water service charges, sanitary sewer service charges, and transportation utility charges authorized by the Hubbard city council and imposed on users of utility services shall be billed in conformance with the provisions of this chapter. (Ord. 281-2005 § 1)
13.09.020 Application for service.
Application for utility service shall be made in writing by the owner of the premises to be served, or the owner’s agent, on forms furnished by the city giving the location of premises to be served, the date the applicant desires service to begin, purpose for which service is to be used, the address for mailing the bills and such other information as the city may reasonably require. Rules and regulations established by the city shall be part of the contract between the city and the applicant. All rules and regulations are subject to change or modification by the council at any time. The filing of an application for the use of city utilities shall be considered as consent by the applicant to be bound thereby. If an application is not properly completed and filed with the city within 10 days of a new service account being established, unless other arrangements have been made with the city administration department staff, the account may be terminated and the water disconnected to the premises. (Ord. 308-2010 § 1; Ord. 281-2005 § 1)
13.09.030 Billing tenants.
A property owner may authorize that city utility charges be billed directly to a tenant on the application for service. Property owners are to notify the city within 24 hours of any billing customer change. Water service will be turned off and the meter locked between tenants unless otherwise instructed by the owner. Property owners will be responsible for vacancies between tenants or any time period which the city was not notified of a change of occupancy. (Ord. 308-2010 § 1; Ord. 281-2005 § 1)
13.09.040 Deposits.
At the time application for city utility service is made, any customer who is not the owner of the property being served shall pay a utility deposit in the amount of $90.00 to the city. Unless a property owner authorizes in writing the waiver of the deposit requirement, the utility account shall continue to be billed to the property owner until the deposit is paid in full. The deposit shall be held by the city until service is discontinued, and then will be applied toward the final bill, with any extra being refunded. (Ord. 281-2005 § 1)
13.09.050 Owner responsible for utility charges.
Responsibility for payment of city utility charges shall be that of the person who owns the property. The responsibility for payment to the city does not pass to the tenant or other occupants, notwithstanding the fact that tenants or other occupants may be required by the property owner to pay the charges. The city shall provide information to the owner regarding the status of a tenant’s account upon request. (Ord. 281-2005 § 1)
13.09.060 Utility charge liens.
City utility charges shall be a lien against the premises served from and after the date of billing and entry on the ledger or other records of the city pertaining to the utility system, and such ledger or other records shall remain accessible for inspection by anyone interested to ascertain the amount of such charges against the property. Whenever a bill for utility service remains unpaid 60 days after it has been rendered, the lien thereby created may be foreclosed in a manner provided by ORS 223.610, or in any other manner provided by law or city ordinance. (Ord. 281-2005 § 1)
13.09.070 Billing and collection.
(1) Water meters shall be read at regular intervals for the preparation of city utility bills and as required for the preparation of opening and final bills. The city reserves the right to estimate meter readings in cases where actual meter readings are not available and to adjust consumption when actual readings are obtained. Opening and closing bills representing less than a full billing cycle shall be prorated using the actual days of use. Utility charges shall be billed monthly or bimonthly, at the discretion of the city. All bills are due and payable 10 days after the billing date, and are delinquent if not paid within 15 days after the billing date. The billing date shall be presumed to be the mailing date of the utility bill correctly addressed to the premises to which the utility service was furnished.
(2) When a bill is delinquent, written notice shall be mailed to customers prior to disconnecting water service for nonpayment. All accounts mailed a delinquency notice shall have a penalty in the amount of $10.00 charged to the account on the date of mailing the notice. If payment is not made by the date designated on such notice, the water service to the premises may be disconnected and the water shall not again be furnished thereto until all outstanding city utility charges have been paid in full, together with an additional sum of $50.00, which will be charged for disconnection of water service. The fee shall not be charged to customers that had their water disconnected for the first time due to nonpayment of a delinquent bill. An additional sum of $50.00 will be charged for each and every time the water has to be disconnected because it was turned on by an unauthorized person(s). In addition, the actual cost of repairing any damage caused by such person will be charged to the owner’s account and the owner or responsible person may be cited in a court of law.
(3) As a condition to providing water services to any property, agents of the city must have free access to the meter serving the property for the purpose of reading, repair, lock-out or any other reason related to providing service to the property. (Ord. 336-2013 § 1; Ord. 308-2010 § 1; Ord. 281-2005 § 1)
13.09.080 Payment arrangements.
The city administration department staff may enter into a payment arrangement with a customer to facilitate the payment of delinquent utility charges in order to have water service restored. Such agreements shall not exceed the term of six months. However, if the customer fails to comply with the terms of the agreement, then the water may be shut off and not turned on again until the outstanding charges are paid in full. (Ord. 308-2010 § 1; Ord. 281-2005 § 1)
13.09.090 Final bills.
A customer shall notify the city reasonably well in advance of the date service is to be discontinued. If notice is not given, the customer will be required to pay for service until the date the city has learned the customer has vacated the premises or otherwise has discontinued service. Final bills are due and payable upon receipt. Final bills of tenants which remain unpaid 10 days after the final billing date shall be submitted to the owner for payment. If a final bill remains unpaid 30 days after the final billing date, the city may disconnect water service to the premises, notwithstanding if a subsequent customer has established a new service. (Ord. 308-2010 § 1; Ord. 281-2005 § 1)
13.09.100 Meter test.
A customer may request the city to test the accuracy of the water meter serving the customer’s premises. The customer shall pay a deposit to cover the cost of testing the meter. The deposit shall be returned to the customer if the test reveals the meter to over-register more than five percent under conditions of normal operation; otherwise, the deposit shall be forfeited to the city. When, upon test, a meter is found to be over-registering more than five percent under normal operating conditions, the city will refund to the customer the full amount of the overcharge, based on corrected meter readings, not exceeding six months that the meter was in use. (Ord. 281-2005 § 1)
13.09.110 Appeal procedures.
A utility user who feels their fee is unjust or inequitable, as applied to their premises, may make a written appeal within 20 days of the billing date to the city council requesting a review of the fee or charge. Review of the request shall be made by the finance director, who shall determine if it is substantiated or not, including recommended action to the council if necessary. The customer shall continue to comply with the provisions of this chapter during the appeal process. If the city council substantiates the request, the fee or charge for that user shall be recomputed as directed by the city council. The council shall have the final responsibility for determining equitability of charges where special circumstances are found, and for the adjusting of such charges in a consistent and equitable manner. (Ord. 281-2005 § 1)