Chapter 17.04 UNIFORM UTILITY BILLING AND COLLECTION SYSTEM

(a) The city manager, or authorized designee, shall keep an account for water, sewer and stormwater service used by any person, business, or other entity within the city service area. Such services shall be paid for by every utility account within the city’s service area.

(b) The city manager, or authorized designee, shall place against these accounts all charges for water, sewer and stormwater service that are to be paid by every utility account, when these services are used 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 of those ordinances of the city establishing the rates and fees for such services. (Ord. 1591 § 1, 2016; Ord. 1299 § 1, 2001; Ord. 1225 § 1, 1999; Ord. 966 § 1, 1990).

17.04.005 Creation of accounts – Deposits on renter-occupied premises.

At the time an account for either residential or commercial renter-occupied premises is requested and before it is authorized, the city manager or his/her designee shall require that the person requesting services deposit with the city a sum of money, for each service provided, as follows:

Water:	$45.00
Sewer:	$175.00
Stormwater:	$40.00

This provision does not in any way affect the property owner’s liability for charges or the lien rights of the city against the premises to which the services are furnished as provided in FMC 17.04.080. Nothing in this chapter shall prevent the city from requiring additional or new deposits, when the conditions so warrant. (Ord. 1594 § 1, 2017; Ord. 1307 § 1, 2002; Ord. 1070 § 1, 1994; Ord. 966 § 2, 1990).

17.04.007 Account set-up fees.

At the time a new account is requested to be established, there shall be an additional assessment to the account holder for recovering the costs of establishing said account for each requested utility as follows:

$6.50 for water service;

$2.50 for stormwater service;

$2.50 for sewer service. (Ord. 1352 § 1, 2004).

17.04.010 Billing generally.

There shall be one uniform billing and collection procedure for all city utility services, including but not limited to water, sewer, and stormwater. (Ord. 1591 § 2, 2016; Ord. 1299 § 2, 2001; Ord. 1225 § 2, 1999; Ord. 966 § 3, 1990; Ord. 643 § 1, 1972).

17.04.020 Bills – Preparation, delivery.

(a) The city shall cause a single utility bill, covering all utility services that are furnished by or through the city during the preceding month or accounting period, to be prepared and rendered on a bimonthly basis to each customer of utility service either within or outside the city limits.

(b) Such bill shall be due and payable by the last day of the month from and after the date of mailing.

(c) Once prepared, this bill shall be delivered to the customer by either depositing it in the United States mail and/or by electronic means, 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 to the city.

(d) Deposit in the United States mail or electronically made available pursuant to subsection (c) of this section shall be deemed full and complete notice to the customer of the nature and amount of any particular utility billing. (Ord. 1591 § 3, 2016; Ord. 1299 § 3, 2001; Ord. 1194 § 1, 1998; Ord. 966 § 4, 1990; Ord. 643 § 2, 1972).

17.04.025 Budget payment plan.

The city manager, or authorized designee, is hereby authorized to create and implement a budget payment plan in accordance with state law. Such a plan shall permit the authorized customer to make payments of utility charges on an annual averaged basis rather than on a bimonthly basis, with at least one annual adjustment to ensure that the amount paid on an annual basis reflects the actual charges incurred. (Ord. 1299 § 4, 2001; Ord. 966 § 5, 1990).

17.04.027 Leak adjustments.

When excessive water meter registration is caused by broken or leaking water service pipes within or abutting upon the premises without the knowledge of the customer, an adjustment may be made upon written application for one month only in the case of monthly billing and for two months in the case of bimonthly billing during a 12-month period and after repairs have been made. The basis for adjustment shall be the normal consumption under similar operating conditions. (Ord. 1307 § 2, 2002).

17.04.030 Bills delinquent.

If the bill rendered as provided in FMC 17.04.020 is not paid when due, it shall be considered delinquent 10 days after the due date and a penalty fee of 10 percent of the outstanding balance on all accounts with an outstanding balance greater than $10.00 shall be added to the delinquent account. (Ord. 1307 § 3, 2002; Ord. 1299 § 5, 2001; Ord. 966 § 6, 1990; Ord. 643 § 3, 1972).

17.04.040 Payment delinquent – Service discontinued.

In the absence of any special arrangement or agreement with the city concerning payment, if a utility bill or any part thereof remains delinquent and unpaid a special notice to the effect that if the delinquent utility charges, together with the prior delinquent charges, are not paid in full within seven days from the date of mailing of the special notice, the city shall, within 48 hours thereafter, proceed to shut off and discontinue utility services to the premises until all utility charges are paid in full. (Ord. 1299 § 6, 2001; Ord. 966 § 7, 1990; Ord. 643 § 4, 1972).

17.04.045 Notice of delinquent account.

(a) Notice. If an account for utility service remains delinquent beyond seven days, the city shall notify the customer that service will be disconnected without further notice unless the delinquent account and all penalties are immediately paid in full, or special arrangements are made in accordance with FMC 17.04.050. Delivery of the notice shall occur in a way reasonably calculated to apprise the customer of the notice’s contents. Written notice shall be conspicuously attached to the premises to which service is furnished, and an additional fee of $9.00 shall be assessed to the account holder for providing personal service of this notice. The notice shall also inform the customer of the date on which service may be disconnected, which shall be not less than 48 hours following delivery of the notice. The notice of delinquent account shall further state that if the consumer has questions or disputes concerning the amount of payment due, he or she may appeal to the city manager, or authorized designee, whose address and telephone number shall be stated on the notice of delinquent account.

(b) Disconnection of Service. If no notice is made to the city that the bill is disputed prior to the time indicated in the customer’s notice as the date on which service may be disconnected, the city shall proceed by disconnecting water service to the delinquent customer’s premises. All reconnections of service shall be subject to the provisions and fees outlined in FMC 17.04.070. (Ord. 1307 § 4, 2002; Ord. 1225 § 3, 1999; Ord. 966 § 8, 1990).

17.04.050 Payment delinquency – Enforcement actions.

(a) The city manager, or his designee, is hereby authorized and directed to promulgate administrative policies and procedures for the implementation of this chapter.

(b) If the customer is unable to pay the full amount of utility charges because of temporary financial difficulties or other hardship, the city manager, or his designee, may permit the customer to make deferred payment arrangements upon written application; provided, however, that the city will 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.

(c) Failure to abide by the terms of the arrangement shall be cause for shut-off and discontinuance of utility services until the total utility charges that are due are paid in full. (Ord. 1307 § 5, 2002; Ord. 966 § 9, 1990; Ord. 643 § 5, 1972).

17.04.053 Deferred payments arrangements – Penalty, assessed.

If arrangements for deferred payments have been made, the city manager, or authorized designee, shall assess against such accounts the same penalty fees as set forth in FMC 17.04.030. (Ord. 1299 § 7, 2001; Ord. 966 § 10, 1990).

17.04.055 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. This section, however, shall not apply to the provision of water, sewer and stormwater service, but shall apply to connections, inspections, engineering and other like services furnished by the water, sewer and stormwater utilities. (Ord. 1591 § 4, 2016; Ord. 1299 § 8, 2001; Ord. 1225 § 4, 1999; Ord. 966 § 11, 1990).

17.04.057 Service charge for unpaid or dishonored payments.

A service charge of $35.00 shall be imposed upon any customer who, in full or partial payment of a city utility bill, tenders a payment drawn on or processed by a bank or other financial entity, which is thereafter returned to the city, for any reason, resulting in a dishonored payment to cover the additional costs to the city thereby entailed. (Ord. 1591 § 5, 2016; Ord. 1328 § 1, 2003; Ord. 1307 § 6, 2002; Ord. 966 § 12, 1990).

17.04.060 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, or for the fraudulent, illegal or unauthorized use or abuse of any utility service, 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. 966 § 14, 1990; Ord. 643 § 6, 1972).

17.04.070 Disconnection/reconnection of utility services.

Should a customer fail to pay a delinquent bill pursuant to FMC 17.04.030, the city manager, or his/her designee, shall immediately cause the particular utility’s services to be cut off from the premises. Such services shall be reconnected to the premises only upon full payment of all 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. In addition, one single reconnection fee of $25.00 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.

A charge of $155.00 shall be assessed for reconnections made at a customer’s request outside of regular working hours. After-hours reconnections shall only be performed after authorization is received from the city manager, or his/her designee. Failure to comply with any and all provisions made will result in termination of water services without further notice. (Ord. 1591 § 6, 2016; Ord. 1514 § 1, 2011; Ord. 1307 § 7, 2002; Ord. 966 § 13, 1990; Ord. 643 § 7, 1972).

17.04.080 Liability for charges.

All owners of property 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. 1225 § 5, 1999; Ord. 966 § 15, 1990; Ord. 643 § 8, 1972).

17.04.090 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 manager shall cause to be filed for record in the office of the county auditor of Pierce County a notice in substantially the following form:

Utility Lien Notice
City of Fircrest,	)
	)
v.	)
	)
	)
Reputed Owner.	)
	)
- - - - - - - - - - - - - - - - - - - - - - -
NOTICE IS HEREBY GIVEN that the City of Fircrest has and claims a lien for ________ charges against the following described premises situated in Pierce County, Washington, to wit:

(Here insert legal description of premises.)

Said lien is claimed for not exceeding six months charges and interest now delinquent, amounting to $_______, and is also claimed for future utility charges against said premises.

DATED this _____ day of _____, 20___.

CITY OF FIRCREST
By _______________.

(b) The lien notice shall be signed by the city manager. The lien notice shall be recorded as prescribed by law for the recording of mechanics’ liens. (Ord. 1307 § 8, 2002; Ord. 966 § 16, 1990; Ord. 733 § 1, 1979; Ord. 643 § 9, 1972).

17.04.100 Out-of-city service – Billing.

Repealed by Ord. 1591. (Ord. 1299 § 9, 2001; Ord. 1225 § 6, 1999; Ord. 966 § 17, 1990; Ord. 643 § 10, 1972).

17.04.110 Out-of-city service – Charge payment failure – Service discontinuance.

Repealed by Ord. 1591. (Ord. 1299 § 10, 2001; Ord. 966 § 18, 1990; Ord. 643 § 11, 1972).

17.04.120 Out-of-city service – Right of lien.

Repealed by Ord. 1591. (Ord. 966 § 19, 1990; Ord. 643 § 12, 1972).

17.04.130 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. 1307 § 9, 2002; Ord. 966 § 20, 1990; Ord. 733 § 2, 1979).

17.04.140 Utility lien foreclosure – Trial.

A utility lien foreclosure action shall be tried before the court without a jury. The court may allow, in addition to the delinquent charges, interest on the service charges at a rate not exceeding 12 percent per year from date of delinquency, costs and disbursements as provided by the statutes of the state of Washington and such attorneys’ fees as the court may adjudge reasonable. If the owners and parties interested in any particular tract default, the court may enter judgment of foreclosure and sale as to such parties and tracts and the action may proceed as to the remaining defendants and tracts. The judgment shall specify separately the amount of the utility charges, with interest, penalty and costs chargeable to each tract. The judgment shall have the effect of a separate judgment as to each tract described in the judgment and any appeal should not invalidate or delay the judgment except as to the property concerning which the appeal is taken. The judgment of the court shall order the tracts therein described sold at one general sale, and an order of sale shall issue pursuant thereto for the enforcement of the judgment. Judgment may be entered as to any one or more separate tracts involved in the action and the court shall retain jurisdiction of other properties. (Ord. 1307 § 10, 2002; Ord. 1299 § 11, 2001; Ord. 733 § 3, 1979).

17.04.150 Utility lien – Enforcement – Alternative method.

As an additional and concurrent method of enforcing the lien authorized under this chapter, the city of Fircrest 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 chapter except to enforce the payment of six months’ charges for which no lien notice is required to be recorded. (Ord. 1307 § 11, 2002; Ord. 966 § 21, 1990; Ord. 733 § 4, 1979).

17.04.160 Statutes adopted by reference.

(a) RCW 9A.61.010, 9A.61.020, 9A.61.050, 9A.61.060, and 9A.61.070 are hereby adopted by reference.

(b) RCW 80.28.240 is hereby adopted by reference. (Ord. 960 §§ 1, 2, 1990).

17.04.170 Amendments to statutes adopted.

The amendment, addition or repeal by the Washington State Legislature of any section of any of the adopted statutes shall be deemed to amend the ordinance codified in this chapter and the statutes contained herein which are adopted by reference in conformity with the amendment, addition or repeal, and it shall not be necessary for the legislative authority of this city to take any action with respect to such addition, amendment or repeal as provided by RCW 35.21.180. (Ord. 960 § 3, 1990).