Chapter 17.02
Uniform Utility Billing and Collection Procedure
Sections:
17.02.010 Authorized officers designated.
17.02.040 Bills--Preparation--Delivery--Payment.
17.02.041 Bills--Administrative appeal.
17.02.050 Bills delinquent before next bimonthly billing.
17.02.060 Payment delinquent--Service discontinued.
17.02.070 Notice of delinquent account.
17.02.080 Payment delinquency--Enforcement actions.
17.02.090 Deferred payments arrangements--Penalty assessed.
17.02.100 Delinquent account--Refusal of other City services.
17.02.110 Service charge for returned payments.
17.02.120 Disconnection/reconnection of utility services.
17.02.130 Service discontinuance--For other than payment failure.
17.02.140 Liability for charges.
17.02.160 Utility lien foreclosure--Authorized when.
17.02.170 Enforcement--Alternative method.
17.02.180 Meter diversion--Billing procedure.
17.02.190 Meter diversion--Administrative appeal.
17.02.200 Meter diversion--Penalty fee.
17.02.210 Meter diversion--Intent to deprive rebuttable presumption.
17.02.010 Authorized officers designated.
(a) For the purposes of this chapter, the term “Director” shall mean the Finance Director or their designee.
(b) The Director or their staff shall keep an account for water and stormwater service used or received by any person, business, or other entity within the City. Such services shall be paid for by every utility account within the City.
(c) The Director or their staff shall place against these accounts all charges for water and stormwater service that are to be paid by every utility account, when these services are used or received by such person, business, or other entity. Any service charges or other charges that are connected with the provision of utility services shall likewise be placed against these accounts. All charges shall be made in accordance with the terms establishing the rates and fees for such services. (Ord. 483 § 1, Aug. 24th, 1993; Ord. 10-907 § 2; Ord. 24-1137 § 1).
17.02.020 Creation of Accounts--Deposits on renter-occupied premises.
Repealed by Ord. 04-773. (Ord. 483 § 2, Aug. 24th, 1993).
17.02.030 Billing generally.
There shall be one uniform billing and collection procedure for all City utility services, including, but not limited to, water and stormwater service. (Ord. 483 § 3, Aug. 24th, 1993; Ord. 10-907 § 3).
17.02.040 Bills--Preparation-Delivery--Payment.
(a) The City shall cause a single utility bill, covering all utility services that are furnished by or through the City during the preceding two-month period, to be prepared and rendered once every two months to each customer of utility service.
(b) Once prepared, this bill shall be delivered to the customer by (1) depositing it in the United States mail, addressed either to the address shown on the application for utility service or to any change of address that has been submitted by the customer or postal service to the City, or (2) by any electronic format as may be authorized and made available by the City and selected by the customer.
(c) Such bill shall be due and payable by the twentieth day of the month from and after the date of delivery as provided above.
(d) Generally, all billings should be paid in full. Should partial payments be received, they shall be applied first in the following order:
(1) Turn on/account set up fees;
(2) Outstanding penalties;
(3) Outstanding delinquent charges;
(4) All stormwater/surface water charges; and
(5) All water charges. (Ord. 483 § 4, Aug. 24th, 1993; Ord. 10-907 § 4).
17.02.041 Bills--Administrative appeal.
(a) Within 10 days of deposit of the notice of regular billing in the United States mail or by any electronic format as may be authorized and made available by the City and selected by the customer, the recipient may file a written notice of appeal contesting the amount of the bill. The notice of appeal shall state the reasons why the recipient is contesting the regular billing.
(b) The administrative appeal shall be decided by the Director within 20 days of the date of receipt of the notice of appeal.
(c) The amount of the regular bill shall remain on the recipient’s utility bill but shall not be collected by the City until final determination of the appeal.
(d) If the determination on appeal is adverse to the recipient, the City shall proceed to collect the full amount of the regular bill from the date the original bill should have been paid had no appeal been filed. (Ord. 10-907 § 5).
17.02.050 Bills delinquent before next bimonthly billing.
If the bill rendered as provided is not paid when due, it shall be considered delinquent as of the first day of the month following the billing due date. At such time, a penalty fee as provided for in the most current version of the City fees and charges schedule as adopted by resolution or ordinance of the DuPont City Council shall be added to the delinquent account and a delinquency notice stating the penalty charges and pending meter shut off date shall be delivered to the customer. The pending meter shut off date shall be not less than 30 days from the date of the delinquency notice. (Ord. 483 § 5, Aug. 24th, 1993; Ord. 10-907 § 6).
17.02.060
Payment delinquent--Service discontinued.
(a) If a utility bill or any part thereof remains delinquent and unpaid when the next utility bill is prepared and rendered in the usual course of operations, then a special notice shall be issued indicating that if the prior delinquent charges are not paid in full within two days from the date of issuance of the special notice, the City shall, within 24 hours thereafter, proceed to shut off and discontinue utility services to the premises. Utility services which are discontinued for nonpayment pursuant to this chapter shall not be restored until all utility charges, current and delinquent, are paid in full, except as otherwise required by law or at the discretion of the Director to restore services to a delinquent account prior to full repayment of the delinquent amount for good cause.
(b) Utility services for a delinquent account shall not be discontinued if on the day scheduled for the discontinuance the National Weather Service has issued or announces it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, or an excessive heat watch if the City of DuPont is within the affected area of the National Weather Service announcement. Once a heat-related alert has expired, been withdrawn, or is otherwise no longer in effect, services may be discontinued pursuant to subsection (a) of this section.
(c) The account holder or occupant of a residence where service is currently discontinued as a result of a delinquent account may request reconnection of service if the National Weather Service has issued or announces it intends to issue a heat related alert, such as an excessive heat warning, a heat advisory, or an excessive heat watch if the City of DuPont is within the affected area of the National Weather Service announcement. Upon receipt of request, the City shall promptly make a reasonable attempt to reconnect service. Once a heat-related alert has expired, been withdrawn, or is otherwise no longer in effect, services may be discontinued pursuant to subsection (a) of this section.
(d) Continued connection of utility services or reconnection of utility services for the duration of a heat-related warning as provided in subsections (b) and (c) of this section shall be charged the normal utility fees and added to the current account. (Ord. 483 § 6, Aug. 24th, 1993; Ord. 10-907 § 7; Ord. 24-1137 § 1).
17.02.070
Notice of delinquent account.
(a) The notice of delinquent account shall be on a form approved by the Director and shall include the following information: (1) amount delinquent and necessary to pay the account in full; (2) the pending utility disconnection date which shall be not less than 30 days from the date of the notice of delinquent account; (3) information on how to appeal a notice of delinquent account; (4) information on how to contact the City to request reconnection of service in the event of a National Weather Service heat-related alert pursuant to this chapter; (5) any additional, relevant information as determined by the Director.
(b) Appeal of a notice of delinquent account shall follow the same process provided at DMC 17.02.041 or as amended or redesignated; such appeal shall be made within 10 days of deposit of notice of delinquent account. (Ord. 483 § 7, Aug. 24th, 1993; Ord. 24-1137 § 1).
17.02.080 Payment delinquency--Enforcement actions.
(a) If a customer is unable to pay the full amount of utility charges because of temporary financial difficulties or other hardship, the Director may permit the customer to make deferred payment arrangements; provided, however, that the City shall be under no obligation to enter into any deferred payment agreement with any customer who has not fully and satisfactorily complied with terms of any previous agreement. Any such arrangements shall be in writing and signed by the customer and the City, and the customer shall pay the delinquent amount owing in full within 60 days of the original shut off date.
(b) Failure to abide by the terms of the arrangement shall be cause for shutoff and discontinuance of utility services until the total utility charges that are due, including current and delinquent charges, are paid in full. (Ord. 483 § 8, Aug. 24th, 1993; Ord. 10-907 § 8).
17.02.090 Deferred payments arrangements--Penalty assessed.
If arrangements for deferred payments have been made, the Director shall assess against such accounts the same penalty fees as set forth in DMC 17.02.050. (Ord. 483 § 9, Aug. 24th, 1993; Ord. 10-907 § 9).
17.02.100 Delinquent account--Refusal of other City services.
If a bill becomes delinquent, no officer, agent, or employee of the City may authorize or permit any further City service or process any application for a permit from the City, when such application has been requested by the person in whose name an account stands delinquent; this requirement shall remain in effect until the delinquent account is paid in full with interest. This section, however, shall not apply to the provision of water and stormwater service, but shall apply to connections, inspections, engineering and other like services furnished by the water and stormwater utilities. (Ord. 483 § 10, Aug. 24th, 1993; Ord. 10-907 § 10).
17.02.110 Service charge for returned payments.
A service charge as provided for in the most current version of the City fees and charges schedule as adopted by resolution or ordinance of the DuPont City Council shall be imposed upon any customer who, in full or partial payment of a City utility bill, tenders payment, which is thereafter returned to the City as a result of non-payment by the financial institution. (Ord. 483 § 11, Aug. 24th, 1993; Ord. 10-907 § 11).
17.02.120
Disconnection/reconnection of utility services. Should a customer fail to pay a delinquent bill pursuant to DMC 17.02.060, the Director shall immediately cause the particular utility services to be cut off from the premises in compliance with this chapter and applicable State and federal laws. Such services shall be reconnected to the premises only upon full payment of all current and delinquent utility charges, and correction of any fraudulent, illegal, or unauthorized use or abuse of any utility service, applicable to the particular premises, irrespective of who may have incurred the charges or who may have been responsible for the fraudulent, illegal, or unauthorized use or abuse of utility services or as otherwise provided for in this chapter. In addition, a single reconnection fee as provided for in the most current version of the City fees and charges schedule as adopted by resolution or ordinance of the DuPont City Council shall be charged and paid prior to the reconnection of any utility service that was actually shut off and discontinued and that will require such reconnection to be made during regular working hours, Monday through Thursday 9:00 a.m. to 4:00 p.m. (Ord. 483 § 12, Aug. 24th, 1993; Ord. 10-907 § 12; Ord. 24-1137 § 1).
17.02.130 Service discontinuance--For other than payment failure.
In addition to nonpayment of a utility bill, the City may shut off and discontinue any or all utility services to a customer for failure to pay connection charges for any utility service furnished to such customer by the City, or for the fraudulent, illegal or unauthorized use or abuse of any utility service furnished by the City, or the failure or refusal of the customer to comply with all rules, regulations or ordinances pertaining to the receipt and use of utility services furnished by the City. (Ord. 483 § 13, Aug. 24th, 1993; Ord. 10-907 § 13).
17.02.140 Liability for charges.
The Director shall prescribe the requisite form to be used by property owners who desire to enter into written agreements with their tenants or other occupants of the premises, whereby the utility charges are placed in the name of the person(s) occupying such premises. All owners of property, however, shall remain ultimately and legally liable for the payment of any and all utility charges to the premises, regardless of whether such property is used for single-family, multiple-dwelling or commercial purposes and regardless of the fact that the billings are made in the name of a tenant or other occupant of the premises. Such billings are for personal convenience only and shall not in any way affect the lien rights of the City against the premises to which the services are furnished. (Ord. 483 § 14, Aug. 24th, 1993; Ord. 10-907 § 14).
17.02.150 Right of lien.
(a) In addition to the right herein provided to shut off and discontinue utility service, the City shall have a lien for delinquent and unpaid utility charges, including late charges, against the premises to which such utility service has been furnished or is available. The lien shall be effective for a total of not to exceed six months’ delinquent charges without the necessity of any writing or recording. In order to make such lien effective for more than six months, the City shall cause to be filed for record in the office of the county auditor of Pierce County a notice in substantially the following form:
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Utility Lien Notice |
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City of DuPont, |
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___________________ |
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Reputed Owner. |
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NOTICE IS HEREBY GIVEN that the City of DuPont has and claims a lien for __________ charges against the following described premises situated in Pierce County, Washington, to-wit: |
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(Here insert legal description of premises.) |
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Said lien is claimed for exceeding six months' charges and interest now delinquent, amounting to $____, and is also claimed for future utility charges against said premises. |
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DATED this ___ day of _________, 20__. |
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CITY OF DuPONT |
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By_______________ |
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(b) The lien notice may be signed by the Director. The lien notice shall be recorded as prescribed by law for the recording of liens. (Ord. 483 § 15, Aug. 24th, 1993; Ord. 10-907 § 15).
17.02.160 Utility lien foreclosure--Authorized when. The City may foreclose its utility lien in an action in the Superior Court. All or any of the tracts subject to the lien may be proceeded against in the same action, and all parties appearing of record as owning or claiming to own, having or claiming to have any interest in or lien upon the tracts involved in the action shall be impleaded in the action as parties defendant. An action to foreclose a utility lien pursuant to a lien notice filed as required by this chapter must be commenced within two years from the date of filing thereof. An action to foreclose a six months’ lien may be commenced at any time after six months subsequent to the furnishing of the utility service for which payment has not been made. The service of summons and all other proceedings except as provided specifically under this chapter, including appeal, order of sale, sale, redemption and issuance of deed shall be governed by the statutes of the State of Washington now or hereafter in force relating to the foreclosure of mortgages on real property. The terms “judgment debtor” or “successor in interest” in the statutes of the State of Washington governing redemption when applied under this chapter shall include an owner or a vendee. All sales shall be subject to the right of redemption within one year from date of sale. At any time after deed is issued to it pursuant to a foreclosure of a lien, the City may lease or sell or convey the property conveyed thereunder at public or private sale for such price and on such terms as may be determined by the resolution of the City Council. (Ord. 483 § 16, Aug. 24th, 1993).
17.02.170 Enforcement--Alternative method. As an additional and concurrent method of enforcing the lien authorized under this section, the City of DuPont may shut off and discontinue any or all utility services to the premises to which such utility service was furnished after the charges become delinquent and unpaid, and until the charges are paid. The right to enforce the lien by cutting off and refusing utility services shall not be exercised after two years from the date of the recording of the utility lien notice provided under this section except to enforce the payment of six months’ charges for which no lien notice is required to be recorded. (Ord. 483 § 17, Aug. 24th, 1993).
17.02.180 Meter diversion--Billing procedure.
The purpose of this section is to provide more effective methods and remedies for dealing with cases of tampering with, and diverting around, utility meters and other City equipment and to thereby protect the financial resources of the City and the rate-paying public.
(a) Any customer, owner, or person in control of premises receiving unmeasured or unauthorized utility services is responsible for paying the full amount of said services, as reasonably determined by the City to have been obtained either by diversion around the meter or by unmetered or unauthorized use as a result of meter tampering, alteration or replacement.
(b) Any customer, owner or person in control of premises who receives utility services, for which payment, consumption or other utility records have been falsified, is responsible for paying the full amount of utility services, as reasonably determined by the utility to have been obtained.
(c) The City, becoming aware of the fact that particular utility services have been obtained without full payment either through tampering, alteration, bypass, or falsification of records, shall bill the recipient for the full amount of said services; such amount shall reasonably be determined by said utility in good faith, after using the best known estimating methods.
(d) The recipient of utility services that have been obtained without full payment either through tampering, alteration, bypass, or falsification of records, shall also be responsible and billed for the costs incurred by the City as a result of investigation, damages, repair, and bookkeeping.
(e) Notice of a supplemental bill shall be sent to the recipient of unauthorized or unmetered utility services. The supplemental bill shall be added to the next regular utility bill and shall be collected under the normal collection procedures. The notice of a supplemental billing shall consist of the following:
(1) Billing amount for unauthorized or unmetered utility services under subsection (a) of this section;
(2) Related costs pursuant to subsection (d) of this section;
(3) A penalty fee, pursuant to DMC 17.02.200; and
(4) Notice apprising the recipient of the right to an administrative appeal pursuant to DMC 17.02.190.
(f) Deposit in the United States mail or by any electronic format as may be authorized and made available by the City and selected by the customer, shall be deemed full and complete notice of the nature, amount, and right to appeal the supplemental billing.
(g) Liability for the supplemental billing shall be in addition to, and notwithstanding, any charge, conviction or acquittal under DMC 17.02.200.
(h) The supplemental billing shall be placed on the next forthcoming utility bill and shall be collected under the normal collection procedures as set forth in DMC 17.02.040. (Ord. 483 § 18, Aug. 24th, 1993; Ord. 10-907 § 16).
17.02.190 Meter diversion--Administrative appeal.
(a) Within 10 days of deposit of the notice of supplemental billing in the United States mail or by any electronic format as may be authorized and made available by the City and selected by the customer, pursuant to DMC 17.02.180(f), the recipient may file a written notice of appeal. The notice of appeal shall state the reasons why the recipient is contesting the supplemental billing.
(b) The administrative appeal shall be decided by the Director within 20 days of the date of receipt of the notice of appeal.
(c) The amount of the supplemental bill shall remain on the recipient’s utility bill but shall not be collected by the City until the final determination of the appeal.
(d) If the determination on appeal is adverse to the recipient, the City shall proceed to collect the full amount of the supplemental bill from the date the original bill should have been paid had no appeal been filed. (Ord. 483 § 19, Aug. 24th, 1993; Ord. 10-907 § 17).