Chapter 13.02
UTILITY SERVICE RULES AND REGULATIONS
Sections:
13.02.010 Liens—Owner responsibility.
13.02.040 Payment of service—Late penalty.
13.02.050 Denial of utility service.
13.02.060 Service subject to disconnection.
13.02.070 Notice of disconnection of service.
13.02.080 Disconnection of service—Service fee.
13.02.090 Reconnection of service.
13.02.100 Informal conference and payment arrangements.
Prior legislation: Ords. 1541, 1605, 1678 and 1810.
13.02.010 Liens—Owner responsibility.
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. Regardless of the occupancy, if premises and/or structures are served by the water, electric, storm and surface water, and/or sewer systems, the owner shall be responsible for payment of all utility service charges arising out of provision of such service to the owner’s premises/structures. Unpaid charges shall constitute a continuing lien upon the property until such charges have been paid in full. The city may enforce the lien by shutting off and not restoring water, electric, storm and surface water, and/or sewer until all delinquent and unpaid charges are paid in full. The city may also employ other legal remedies such as collection agencies, small claims court or superior court to collect the unpaid amount from the property owner. (Ord. 2408 § 1, 2018: Ord. 2092 § 1 (part), 2002).
13.02.020 Deposits.
A. Deposits for water, electric, storm and surface water, and/or sewer systems are not required by the city with the following exception:
Utility security deposits shall be required in the case of an owner’s bankruptcy and continuation of utility services is desired. The deposit shall be based on the two highest usage months within a twenty-four-month period.
B. The absence of a city required utility deposit does not preclude a property owner from requiring their tenant to make a deposit with the city. Such deposit shall be non-interest bearing and retained in a separate account designated as the “utility deposit account.” Any such deposit will be applied to the final bill with any amount remaining refunded. Regardless of deposits, the city shall have a lien against the property as described in CMC 13.02.010. (Ord. 2408 § 2, 2018: Ord. 2092 § 1 (part), 2002).
13.02.030 Billing.
For premises/structures served by water, electric, storm and surface water, and/or sewer systems, the property owner shall receive and be responsible for the bill. Upon written application, a property owner may request that the city establish a utility billing account for their tenant. Bills sent to the tenant are for the convenience of the owner and in no way alter the city’s lien against the property as described in CMC 13.02.010. (Ord. 2408 § 3, 2018: Ord. 2092 § 1 (part), 2002).
13.02.040 Payment of service—Late penalty.
All billings for water, electric, storm and surface water, and/or sewer shall be on a monthly basis and are due and payable when issued. Failure to receive the utility bill for any reason shall not be a valid defense for failure to pay the full amount due. If payment in full is not received by the close of business on the date specified on the bill, a penalty of ten percent of the current amount due will be added. (Ord. 2408 § 4, 2018: Ord. 2092 § 1 (part), 2002).
13.02.050 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. (Ord. 2092 § 1 (part), 2002).
13.02.060 Service subject to disconnection.
Utility services shall be subject to disconnection 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 applicable rules and regulations of the city;
B. Use of the 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 fail to pay the utility service charges when due, the city reserves the right to suspend all services until such charges are paid. No claims may be made against the city by any user whose utility charges have been paid because of such disconnection. It is expressly stipulated that the necessity for such disconnection 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. 2092 § 1 (part), 2002).
13.02.070 Notice of disconnection of service.
Delinquent accounts are mailed disconnect notices, with copies to property owners for rental property, stating the amount due and date by which payment in full must be received to avoid disconnection. No further notice will be provided.
Utility service will be disconnected due to non-sufficient funds (NSF). Notification shall be in the form of a door hanger at the property and will state that utilities will be disconnected by noon on the next business day if payment in full in the form of cash, cashier’s check or money order is not received. (Ord. 2092 § 1 (part), 2002).
13.02.080 Disconnection of service—Service fee.
If a past-due account is not paid in full by the close of business on the date specified on the disconnect notice, a disconnect service order will be issued and utilities will be disconnected as soon as possible. City of Centralia employees are not authorized to accept payment at the service address in lieu of disconnection. Additional service fees will be charged to the account if it becomes necessary to disconnect and restore services. A minimum service fee of twenty-five dollars will be charged during regular working hours. Regular working hours for city light are defined as seven a.m. to three-thirty p.m. Monday through Friday, not including holidays. A minimum service fee of one hundred fifty dollars will be charged for all other hours. Regardless of time of service, if the city cannot access the electric meter for the purpose of disconnecting and/or servicing it at the meter, the city will perform the work at the supply or service point using additional equipment and staff. If this occurs, the customer will be charged actual costs, with a minimum service fee of one hundred fifty dollars. The service fees shall be reviewed and changed as needed based on actual costs. No service fee shall be charged for disconnection or reconnection when accomplished for the convenience of the city. (Ord. 2246 § 1, 2010: Ord. 2092 § 1 (part), 2002).
13.02.090 Reconnection of service.
Utilities disconnected will be reconnected upon payment in full of the delinquent amount and all service fees. Payment in full on disconnected accounts received by three-thirty p.m. on a regular business day will be reconnected on that same day. Payment in full on disconnected accounts received between three-thirty p.m. and five p.m. will be reconnected on the next business day unless the additional all other hours service fee is paid. (Ord. 2130 § 1, 2004: Ord. 2092 § 1 (part), 2002).
13.02.100 Informal conference and payment arrangements.
Anyone who disputes the amount of their bill, or believes that service should not be disconnected, shall have the right to an informal conference with a designated employee of the city. The conference may be held in person at the customer service center or via telephone on any business day prior to the date indicated for disconnection. All payment arrangements must be approved prior to the date indicated for disconnection. (Ord. 2130 § 1, 2004: Ord. 2092 § 1 (part), 2002).