Chapter 13.18
UTILITY SERVICE PAYMENT RESPONSIBILITY, SUSPENSION OF SERVICE, APPEALS
Sections:
13.18.010 Owner responsibility – Liens, deposits, duplicate bills, senior and/or disabled discount.
13.18.020 Payment of service – Late penalty.
13.18.030 Service subject to suspension or revocation.
13.18.035 Denial of utility service.
13.18.040 Notice of suspension of service.
13.18.050 Suspension of service – Reinstatement – Reconnection.
13.18.060 Appeals from suspension decision.
13.18.070 Customer complaints.
13.18.080 City manager – Authority to modify.
13.18.010 Owner responsibility – Liens, deposits, duplicate bills, senior and/or disabled discount.
In accordance with the provisions of Chapter 35.21 RCW, cities and towns owning their own waterworks or electric light or power plants shall have a lien against the premises to which water, electric light, or power services were furnished, and Chapter 35.67 RCW, cities and towns owning their own sewer systems shall have a lien for delinquent and unpaid rates and charges for sewer service.
A. Owner Responsibility. Regardless of the occupancy, if a premises and/or structure is served by the water, sewer, storm water, and/or electric systems, the owner shall be responsible for payment of all utility service charges and collection costs arising out of provision of such service to the owner/occupant’s premises/structure. Unpaid charges shall constitute a continuing lien upon the property until such charges have been paid in full.
B. Deposits. Under this chapter, deposits for water, sewer, storm water and/or electric systems will not be required by the city with the following exception: Security deposits shall be required in accordance with United States Code Title 11, Section 366, as adopted and amended, where a business has filed under Title 11 and wishes to continue utility service. The deposit shall be based on the two highest usage months within a 24-month period.
C. Billing.
1. For premises/structures served by water, sewer, storm water, and/or electric systems, the property owner shall receive and be responsible for the bill.
2. The property owner may request that the bill be sent to the property owner in care of the tenant. The property owner shall be responsible for paying all costs associated with this request. Sending bills to a tenant is a courtesy and can be denied or revoked by the city at any time.
3. Duplicate bills will be mailed to the property owner and the occupant upon written request of the property owner. The property owner shall be responsible for paying all costs associated with this request.
4. Except in the case where a title company may request billing information for the purpose of escrow, the property owner shall be responsible for prorating of utility charges. If the property owner requests the utility billing division to provide meter reads, the property owner will be billed per call-out as provided in the unified fee schedule with one rate for call-outs during normal business hours and a higher rate for call-outs after hours, holidays and weekends.
5. Failure to receive the utility bill or delinquency notice through the mail shall not be a valid defense for failure to pay the bill, delinquent charges/penalties and/or reinstatement fees by the associated due date.
6. All water, sewer and storm water charges will be billed to the same account.
D. Senior and/or Disabled Discount.
1. “Residential low-income seniors” are defined as those customers 62 years of age or older with income level classifications below those published annually by the federal Department of Housing and Urban Development (which establishes the 80 percent level of median income adjusted by family size and location).
2. “Residential certified disabled” is defined as any customer who is certified as unable to be gainfully employed, regardless of age, and with income level classification below those published annually by the federal Department of Housing and Urban Development.
3. Customers must complete an application form, with proof of income, to qualify initially for the senior and/or disabled discount rate. The finance department will perform the determination of eligibility from the information given with the application. The city, in its discretion, may require any customer paying the utility discounted rates to produce updated proof of qualification and income at any time. A customer paying the discounted rate must promptly notify the city if he or she no longer meets the criteria for receiving the discounted rates.
E. Tenants on Life Support and/or Life-Threatening Circumstances. In instances where the city has been notified by a physician in writing that a tenant is either on life support or has a life-threatening illness that would be affected by disconnection of the utilities, the city will not disconnect the utilities for nonpayment. This notification shall be on a city form (see Attachments A and B, attached to Ordinance No. 2522 and available in the utility billing office), and will include a site visit by the fire department. The city shall notify the owner and supply the owner with a copy of the physician’s notification, if requested. If the tenant does not pay the utility charges, the owner shall be responsible for the utility charges, reinstatement fees and/or lien fees, as applicable. (Ord. 2935 § 2 (Att. A), 2019; Ord. 2870 § 1 (Exh. A), 2015; Ord. 2820 § 2 (Exh. A), 2012; Ord. 2750 § 12, 2009; Ord. 2746 § 7, 2009; Ord. 2522 § 1, 2002; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2360 § 1, 1998; Ord. 2183 § 1, 1995)
13.18.020 Payment of service – Late penalty.
A. Payment of service is due and payable on the first day of the month succeeding the month in which service is furnished, and must be paid by the fifteenth. If payment is not received by the close of City Hall on the twentieth, late penalties as provided in the unified fee schedule shall be added and collected on any account with a balance of $25.00 or more for electric, water, sewer, and storm water service.
B. All customers engaged in purchase of utilities for resale as a governmental entity or pursuant to authority derived as a regulated utility within the state shall pay a penalty of 10 percent of each month’s gross billing unless paid within 30 days of the billing date, and the authority for suspension of service shall apply. (Ord. 2820 § 2 (Exh. A), 2012; Ord. 2746 § 7, 2009; Ord. 2556 § 1, 2003; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2183 § 1, 1995)
13.18.030 Service subject to suspension or revocation.
Utility services shall be subject to revocation and/or cutoff by the city manager or designee without obligation upon the city to refund or repay any consideration which may have been given for the granting of such service and without any obligation upon the city whatsoever for any one or more of the following reasons:
A. Failure to comply with this chapter and/or the applicable rules and regulations of the city of Blaine;
B. Use of utility system for purposes not authorized by the city;
C. Nonpayment involving two or more users from one line. Where two or more users are supplied with a utility from the same service line, if any of the users fails to pay the utility service charges when due or fails to comply with any ordinance or policy of the city, the city reserves the right to suspend all service until such charges are paid or until the code or policy is strictly complied with. No claims may be made against the city by any user whose utility charges have been paid or who has complied with the codes and policies of the city because of such turnoff. It is expressly stipulated that the necessity for such turnoff shall be deemed to be the joint act of all served through such service;
D. Any emergency requiring the interruption of service as determined by the city manager or designee or the responsible department head. (Ord. 2820 § 2 (Exh. A), 2012; Ord. 2746 § 7, 2009; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2183 § 1, 1995)
13.18.035 Denial of utility service.
The city reserves the right to deny service to any party who has an outstanding unpaid utility account with the city of Blaine. This applies to landlords and tenants, owners and occupiers. (Ord. 2820 § 2 (Exh. A), 2012; Ord. 2746 § 7, 2009; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2274 § 1, 1996)
13.18.040 Notice of suspension of service.
A. Written notice of a proposed suspension of service for nonpayment shall be mailed to the last known address of the property owner as shown on the finance department’s utility billing records, and a notice shall also be mailed to the property to which service is being supplied. Said notice shall include:
1. Notification that utility service shall be suspended on the date specified in the notice, which date shall be no sooner than seven calendar days commencing on the date of mailing of the notice;
2. The reason(s) for suspension of service;
3. Notice that this is the final notice.
B. Utility service shall be suspended due to nonsufficient funds (NSF) when a payment is returned from the bank or charges are reversed by the credit card company. Notification shall be in the form of a hang tag at the property and will state that utilities will be disconnected by noon on the next business day if payment for utilities, bank fees, delinquency fees/penalties, and/or reinstatement fees in the form of cash, credit card, cashier’s check, or money order is not received. (Ord. 2820 § 2 (Exh. A), 2012; Ord. 2746 § 7, 2009; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2183 § 1, 1995)
13.18.050 Suspension of service – Reinstatement – Reconnection.
A. The owner/occupant may request, within five calendar days of receiving a suspension notice, a conference before a utility billing division representative. The purpose of the conference shall be to provide the owner/occupant with an opportunity to explain why the service should not be suspended or terminated. If a conference is not requested and payment of delinquent charges has not been made or if the utility billing division representative finds that other reasonable cause still exists for suspension prior to 3:00 p.m. on the date specified in the notice, utility service shall be suspended and shall not be reinstated until the cause for suspension has been cured. Prior to reinstatement of service to the premises, all charges due, including reinstatement charges, shall be paid in full.
B. Minimum Balance Subject to Suspension. Any past due account with a balance of $25.00 or more, prior to the current month’s penalties, shall be subject to suspension.
C. Reinstatement. A reinstatement charge shall be assessed for reinstatement of service to the city’s utility system by reason of a change in ownership or delinquent account. The reinstatement charge shall be assessed whether or not physical disconnection has been accomplished. This reinstatement charge shall be based on the following criteria:
1. During regular working hours, Monday through Friday (excluding holidays), if the city can access the meter to disconnect, the service charge shall be as specified in the uniform fee schedule.
2. All other hours causing a city of Blaine employee to be called to work at overtime pay or where additional equipment and staff are required shall be as specified in the uniform fee schedule.
3. Full payments on past due accounts, including utilities and reinstatement charges, received by 3:30 p.m. on a regular business day will be reinstated by 4:00 p.m. on that same day. For accounts with payments including reinstatement charges for subsection (C)(1) or (2) of this section, which are made after 3:30 p.m., reinstatement will occur on the next business day.
4. A city employee from the finance department may accept and process a customer’s credit card payment for the purpose of reinstating utilities after regular business hours. Once the payment is approved, utilities will be reinstated. Payments will not be accepted in the field.
5. Where there is a multifamily property with more than one meter at the same location, the reinstatement charge shall be within the range of fee per account specified in the uniform fee schedule.
6. The reinstatement charges shall be reviewed and changed as needed based on actual costs. No reinstatement charge shall be made for disconnection or reconnection when accomplished for the convenience of the city. (Ord. 2935 § 2 (Att. A), 2019; Ord. 2820 § 2 (Exh. A), 2012; Ord. 2746 § 7, 2009; Ord. 2556 § 1, 2003; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2183 § 1, 1995)
13.18.060 Appeals from suspension decision.
A. Any appeal from the decision of the utility billing division representative with respect to suspension of service shall be submitted in writing to the city manager or designee within 10 calendar days from the date of the utility billing division representative’s decision. The appeal shall set forth, with particularity, the reasons for the suspension. Notwithstanding such appeal, service shall remain suspended unless the appeal is accompanied by payment of the amount in dispute; this amount shall be specified in the utility billing division representative’s decision. The city manager’s decision shall be in writing and shall be delivered to the appellant via certified or registered mail.
B. The city council specifically vests with the city manager or designee the final authority to decide appeals. There shall be no additional administrative or legislative remedies. (Ord. 2820 § 2 (Exh. A), 2012; Ord. 2746 § 7, 2009; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2183 § 1, 1995)
13.18.070 Customer complaints.
Complaints regarding the municipal utility system shall be submitted in writing to the city manager or designee outlining in detail the basis of said complaints. The city manager or designee shall make such investigation as he/she deems appropriate and shall respond in writing to the complaining customer via certified or registered mail. (Ord. 2820 § 2 (Exh. A), 2012; Ord. 2746 § 7, 2009; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2183 § 1, 1995)
13.18.080 City manager – Authority to modify.
The city manager or designee shall be authorized to modify, adjust or amend any utility bill or account if he/she determines that the interests of the city shall not be adversely affected by such modification. This shall include, but shall not be limited to, the authority to waive late payment penalties. (Ord. 2820 § 2 (Exh. A), 2012; Ord. 2746 § 7, 2009; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2183 § 1, 1995)
13.18.090 Violations and penalties.
Repealed by Ord. 2750. (Ord. 2746 § 7, 2009; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2183 § 1, 1995. Formerly 13.18.100.)
13.18.100 Meter tampering – Fines.
Repealed by Ord. 2750. (Ord. 2746 § 7, 2009; Ord. 2472 § 1, 2000; Ord. 2447 § 1, 1999; Ord. 2425 § 1, 1999; Ord. 2335 § 1, 1997. Formerly 13.18.110.)