Chapter 13.105
UTILITY RATES AND BILLING PROCEDURE*
Sections:
13.105.010 Establishing of rates—Review.
13.105.040 Responsibility for billing.
13.105.045 Application of payments.
13.105.050 Minimum monthly charge.
13.105.080 Budget payment plan.
13.105.090 Multiple real property ownership.
13.105.100 Adjustment of utility bills.
13.105.110 Lien on property for delinquent accounts.
13.105.120 Termination of water service.
* Prior ordinance history: Ords. 95-769, 98-003, 98-008 and 99-025.
13.105.010 Establishing of rates—Review.
The city shall establish the rates to be charged for each utility. The city staff shall review the utility rates on an annual basis and submit recommendations to city council. Recommendations shall be reviewed and the rate may be amended by the city council on all utility rates to allow for inflation, change costs or any other lawful consideration if it deems advisable. (Ord. 00-028 § 4 (part), 2000)
13.105.020 Rate information.
Rates and connection charges and systems development charges shall be kept on file by the city finance director at City Hall and made available to the public upon request. (Ord. 11-10 § 1 (part), 2011: Ord. 02-009 § 66, 2002: Ord. 00-028 § 4 (part), 2000)
13.105.030 Billing.
A. All utility bills for water, sewage, and storm drainage shall be rendered monthly and shall be called city utilities in this title. The city shall charge a service fee, set by resolution, for setting up each utility account when it is established and when changed from time to time.
B. All utility bills are due and payable on the twentieth day of the following month of the billing and if the twentieth falls on a weekend or holiday the bills are due and payable the following work day. If payment is not received in a timely manner, the unpaid bill shall become delinquent and a termination notice shall be given, informing the customer that termination of service shall occur no sooner than ten days from the date of mailing of the notice of termination of service. Water service may be terminated when any portion of the utility bill is unpaid and delinquent. A late charge shall be levied against any customer who becomes delinquent, which shall be ten percent of the delinquent amount but not less than ten dollars.
C. A notice of hearing shall be included on the termination notice given to the customer, as required by BGMC 13.105.120. In those cases where billing is sent to an occupant not a property owner, termination notice shall be sent to the property owner as well as the tenant. If a hearing is requested by the utility customer within five business days of mailing of the notice, the hearing shall be arranged in accordance with BGMC 13.105.120. Service shall not be terminated until after the date of any hearing. A service charge as set by resolution shall be levied for termination notices which must be paid, prior to reconnection. If service personnel are required to go to the premises for the purpose of reconnecting the service for nonpayment after hours, a fee shall be assessed in accordance with the fee schedule adopted by resolution.
D. Utility services will not be made available to any person or property for which delinquent payments are owed until said payments are made or arrangements satisfactory to the city are documented in writing.
E. If only sewer service is provided to a customer, the service may be terminated if notice of termination is given as provided in this section and notice of hearing is given as provided, upon breach of ordinance or agreement. (Ord. 11-10 § 1 (part), 2011: Ord. 03-004 § 1, 2003; Ord. 00-028 § 4 (part), 2000)
13.105.035 Enterprise funds.
A separate special fund shall be maintained for each utility and designated as an “enterprise fund” for each of said utilities. Such utilities consist of water, sewer, and storm drainage. (Ord. 11-10 § 1 (part), 2011: Ord. 00-028 § 4 (part), 2000)
13.105.040 Responsibility for billing.
All utility bills, including water, sewer, and storm drainage billings, shall be the responsibility of the property owner for purposes of liens which may be assessed by the city of Battle Ground as provided in this chapter. However, duplicate utility billings may be sent to the tenants or residents of commercial or residential property under the following conditions but do not relieve the property owner from liability for charges incurred:
A. Upon the request of the owner of the real property, billing may be sent to the tenant or to an agent of the owner; provided, that a current address of the owner of real property is maintained with the city of Battle Ground, which is the responsibility of the owner, and any changes in the residents or tenants of the property are made known to the city by the owner.
B. Such billing, once sent to the tenant or agent, will become the responsibility of the tenant or agent as well as the property owner, and each can be held jointly and severally liable for such billing.
C. The owner and tenant, or agent, shall sign an application form, giving their consents for the utility service to be billed as provided in this section, and giving the address of each. A copy of such form shall be provided to both the owner of the real property and the tenant or resident of the real property, and such form shall also contain notification of the right of hearing on termination of utilities. (Ord. 11-10 § 1 (part), 2011: Ord. 00-028 § 4 (part), 2000)
13.105.045 Application of payments.
Payments, when received, shall be applied by date in the following sequence: penalties, fees, storm drainage, sewer, water. (Ord. 11-10 § 1 (part), 2011: Ord. 00-028 § 4 (part), 2000)
13.105.050 Minimum monthly charge.
Unless a utility is abandoned under BGMC 13.103.040, the minimum monthly charges for all services will apply. A minimum monthly fee will be charged for each utility. The minimum monthly charge is designed to pay for the overall city utility infrastructure with consumption charges funding use of the infrastructure. (Ord. 11-10 § 1 (part), 2011: Ord. 00-028 § 4 (part), 2000)
13.105.055 Deposits.
The city may require a deposit for the purpose of guaranteeing payment in case of delinquency or an outstanding balance at time of account closure.
A. Customer/Owners. Applications for water, sewer or storm drainage service by a customer who is the owner or owner’s agent of the service property and who has previously been delinquent in paying for such service shall be accompanied by deposit equal to twice the largest bill at the service address applied for the prior two years.
B. Rental Tenants. Applications for service made by the tenant of a rented or leased residential or commercial premises who has previously been delinquent in paying for such service shall be accompanied by a deposit equal to twice the amount of the largest bill at the service address applied for or at the tenant’s previous service address for the prior two years unless the tenant can provide satisfactory payment history as required by the city.
Deposits shall not bear interest. Upon termination of service to the customer/owner or rental tenant, the amount of the deposit shall be applied against any water, sewer, storm drainage or other utility charges then due or to become due from the customer/owner or rental tenant, including any late penalties or fees, and shall be remitted to the appropriate fund. If the amount of the deposit is not sufficient to pay the total unpaid charges, remittance shall be made to the appropriate fund or funds pursuant to BGMC 13.105.060. If there is a balance remaining on the deposit after all charges, such balance shall be refunded, less a city processing fee as adopted by resolution.
In the event the finance director determines based on rules and criteria that a deposit is no longer needed to ensure payment prior to termination of services to the customer, the deposit may, with customer consent, be applied to current utility charges.
Nothing in this section shall prevent the city from requiring new or additional deposits should the condition so warrant. (Ord. 11-10 § 1 (part), 2011)
13.105.060 Proration.
If a total period of service of utilities is less than one month for opening and closing bills, opening and closing bills will be prorated on a daily basis. Water meters will be read by the city on the day a notice of change of tenancy or ownership is delivered to the city or as close as possible to such day. Each customer about to vacate any premises with water service by the city shall give notice of their intended removal at least two days prior thereto, specifying the date change in ownership actually occurred; otherwise, they will be responsible for all water supplied to the premises until the city has notice of such removal. (Ord. 11-10 § 1 (part), 2011: Ord. 00-028 § 4 (part), 2000)
13.105.070 Meter reading.
Meters will be read at appropriate intervals for the preparation of regular bills and at intermediate dates as required for the preparation of opening, closing or special bills. For customers who request for meter reads not resulting from the sale or transfer of property, there is an initial charge for the first read and an additional charge for each additional meter read as adopted by resolution. (Ord. 11-10 § 1 (part), 2011: Ord. 00-028 § 4 (part), 2000)
13.105.080 Budget payment plan.
The finance director is authorized to create and implement a budget plan in accordance with state law for low income customers eligible under the state’s program for low income home energy assistance. Such plan shall permit the authorized customer to make payments of utility charges on an annual averaged basis rather than on a per billing cycle basis with at least one annual adjustment to ensure that the amount paid by the customer on an annual basis reflects the actual amount incurred. (Ord. 11-10 § 2 (part), 2011)
13.105.090 Multiple real property ownership.
In the case of multiple real property ownership, one person shall be designated by the property owners to receive the water, sewer and storm drainage bill. Such person may be an association or managing group. If the owners do not make a designation, the city may do so. (Ord. 11-10 § 1 (part), 2011: Ord. 00-028 § 4 (part), 2000)
13.105.100 Adjustment of utility bills.
A. The city manager, or his designee, is empowered to resolve billing disputes upon receipt of request to do so from a city utility customer. Upon receipt of such notice from the customer, the city manager, or his designee, shall review the bill with the customer to see if the amount is justly owed. The customer shall have the right to have a meeting to bring forth reasons and evidence why such bill should not be due and owing.
B. When any customer, in any given billing period, has used according to the water meter a quantity of water which is more than double the average amount of water used on such premises in similar billing periods in prior years, and the water consumption is solely caused by a broken water pipe on the user’s premises, then the customer may make an application to the finance director in writing for reduction of the billing. If the application states there was a broken pipe on the customer’s premises which caused a large consumption of water, the existence of a broken pipe shall be verified by inspection by public works employees. If it is established by receiving documentation that such broken pipe has been repaired and approved by the city, a reduction of the bill to an amount that is one-half of the difference between the monthly average for a similar time period and the existing disputed bill. The reduction provided for in this section shall not be allowed if such excess water consumption is due to a customer’s neglect or failure to repair the broken pipe. A reduction in billing shall not be permitted if such excess consumption is due simply to leaky faucets or other plumbing fixtures. The city may discontinue service to any premises if the owner refuses to make necessary repairs to avoid waste of water. If after reasonable efforts to contact the owner it is observable that water is being lost through leakage, the city at its option may terminate water service and shall leave a written notice as to its action and the reason therefor.
C. The application by the customer shall be on the forms provided by the city. (Ord. 11-10 § 1 (part), 2011: Ord. 02-009 § 67, 2002: Ord. 00-028 § 4 (part), 2000)
13.105.110 Lien on property for delinquent accounts.
A. All delinquent rates and charges for sanitary sewage disposal service furnished and for a connection with the sewerage system, including the penalties thereon as provided in BGMC 13.105.030, shall become a lien upon the property to which such sewerage service is furnished or such connection is made, superior to all other liens or encumbrances except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for enforcement of the same and for delinquent sewerage service charges, as provided in RCW 35A.21.150 and Chapter 35.67 RCW. The sewerage lien provided in this section shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor.
B. The city shall have a lien for all delinquent and unpaid charges and fees for storm drainage purposes, including without limitation service charges and system development charges, assessed against all premises to which service was furnished, which lien shall have the superiority established by RCW 35.67.200 and shall be foreclosed in the manner provided in RCW 35.67.220 et seq.
As an additional and concurrent method of enforcing its lien upon any premises for delinquent storm drainage charges, the utility is authorized, in accordance with law and in the manner provided by BGMC 13.105.030, to terminate water service to such premises for so long as any delinquent fees or charges remain unpaid.
C. All delinquent rates and charges for water furnished and for a connection to the water system together with the penalties and interest thereon as provided in BGMC 13.105.030 shall become a lien upon the property to which such water service is furnished or such connection made, superior to all other liens or encumbrances except those for general taxes and special assessments. Enforcement of such lien or liens shall be in a manner authorized under RCW 35A.21.100 and 35A.21.300. (Ord. 11-10 § 1 (part), 2011: Ord. 00-028 § 4 (part), 2000)
13.105.120 Termination of water service.
As an additional and concurrent method of enforcing the lien of the city for the charges referred to in BGMC 13.105.110(A) or any other sewer charges, the city may terminate the water service from the premises to which such services were furnished or remove that water meter thereon, and such water service shall remain terminated until all such charges plus penalties and fees thereon, together with the charges provided for in the water rate schedule, for turning the water off and turning the water on or reinstalling such water meter shall have been paid.
A. Termination of Water Service to Rental Dwellings. Except in cases involving public health or safety, or as otherwise provided in this chapter, the city will terminate water service to a residential tenant occupying a rented dwelling pursuant to RCW 35.21.290 and 35.21.300 for a delinquent bill only when (1) the bill was incurred by a current occupant; or (2) the dwelling is vacant. When a rented dwelling is occupied by a tenant who has opened an account in their name, no termination or threat of termination will occur because of the tenant’s landlord or the obligation of the prior occupant of the premises not currently residing therein; provided, however, the term “threat of termination” shall not include the notices authorized by this chapter.
B. Customer Disputes. Customers disputing their utility services termination shall use the following procedure:
1. If requested by the customer as provided in BGMC 13.105.030, a hearing by the city manager or his designee shall be held not more than five business days after receipt of the request from the customer. The customer shall have the right to come to said hearing and evidence why such utilities should not be terminated.
2. Any hearing under this chapter shall be conducted during normal business hours, on an informal basis. A record of the hearing, including the date of hearing, who was present, and the findings made as to whether or not the bill was justly owing and the reasons therefor shall be made in writing. The written findings shall be filed with the finance director.
3. Whenever notice of termination is required under this chapter for utility termination, such notice shall inform the customer of his or her right to a hearing, the current phone number and address of City Hall where a hearing may be requested, the normal business hours to phone in for a hearing, and the time periods involved if the hearing is requested as to utility termination.
C. Tampered Meter. If the meter had been tampered with and/or the lock removed, the charge for resumption of service shall be increased by an additional fee. If the service is found wrongfully or illegally reconnected after being disconnected for nonpayment, the charge for resumption of service shall be increased by an additional fee.
D. Voluntary or Temporary Termination. Customers may request a discontinuation of utility services when it is anticipated no one will be occupying their residence for an extended period of time. The monthly minimum bill is still required while the service is turned off as well as the city requires the meter be locked during the period of time and will charge a one-time fee for locking the meter and restoring the service. (Ord. 11-10 § 1 (part), 2011: Ord. 02-009 § 68, 2002: Ord. 00-028 § 4 (part), 2000)
13.105.125 Service calls.
For starting or restoring service at the customer’s request, the charge shall be no charge for the first such request during regular working hours, and a fee for each request outside of regular office hours.
There shall be a fee for customers who miss an appointment for which a city employee is dispatched to the service address unless the service call is cancelled by the customer twenty-four hours prior to the appointment.
For emergency services, no termination charge shall be made if service is cut off to meet an actual emergency. (Ord. 11-10 § 2 (part), 2011)