Chapter 13.24
UTILITY BILLING AND COLLECTION

Sections:

13.24.010    Combined billing statement.

13.24.020    Delinquent accounts.

13.24.030    Utility billing.

13.24.040    Commercial – Definition for utility billings.

13.24.010 Combined billing statement.

Combined billing statements for water and sewer utility service provided by the city of Kittitas shall be sent to all customers monthly. The city shall charge a full month’s water and sewer rate for any portion of the month’s occupancy. All bills shall be mailed to the address of the owner of the property being served by the utilities, as the address appears in the records of the city utility department. The owner shall remain ultimately liable for payment of the bill, and the property shall remain subject to a utility lien for a delinquent account as provided below. (Ord. 13-006 § 1; Ord. 00-614 § 2).

13.24.020 Delinquent accounts.

All payments on the utility bills shall be applied first to the sewer account and second to the water account with billing for the most recent service receiving last priority. In the event that any fees or charges assessed for such services are not paid within 15 days after the first of the month, they shall be considered delinquent and subject to additional delinquent charges. Delinquent accounts automatically constitute a lien against the property to which the services were rendered. Such a lien, for up to four months of utility service charges, shall encumber the property and shall be the obligation of the owner of the property, its heirs, successors and assigns, until the same is paid in full. The city may enforce the lien by shutting off water and sewer service at 45 days past due (60 days from billing date) and until all delinquent and unpaid charges are paid in full.

(1) Utility charges shall be the responsibility of the property owner and shall be billed directly to the property owner or the address designated by the owner in writing. Payment for utility service for any property shall become due and payable on the fifteenth day of the month following the month within which the service was rendered; a late penalty of $5.00 shall be added to the utility account after this day. The city clerk shall give notice in writing to the owner or owner’s agent as officially listed in the city records, or the best address available to the clerk, of such delinquency, advising that the water service shall be discontinued at the expiration of 10 days thereafter unless the account is paid in full. Such notice shall indicate that the delinquent user may contact the city clerk or other responsible city official at City Hall during business hours to make arrangements to bring the account current.

(2) In the event the city should proceed to terminate water service to any property which has failed to bring its account current after mailing of written notice, the employee of the city dispatched to disconnect the water service shall make a reasonable effort to inform the user that water service is being terminated. In the case of an owner occupied single-family dwelling or commercial or industrial account, the mailing shall be followed by a 24-hour notice to terminate water service. The city shall make a reasonable effort to inform the user that water service is being terminated. This notice shall be delivered to any person at the premises or posted on or near the entrance to any dwelling or structure associated with the service. The charge for this posting shall be $30.00, which shall be added to the water service account. At the end of this 24-hour time period, again making reasonable effort to inform the user that water service is being terminated, the city shall deliver a 30-minute notice of termination of water service. The charge for this posting shall be $30.00 and shall be added to the water service account. The city employee may not accept payment of the delinquent amount from the user, but the employee shall not terminate water service to the property until the user has been afforded an opportunity of not less than 30 minutes in length to reach City Hall and arrange to bring the account current.

(3) Residential Rental Units and Tenant Accounts. In the event the city should proceed to terminate water service to any known residential rental property which has failed to bring its utility account current after mailing of written notice, the employee of the city dispatched to notify the tenants of the impending termination of water service shall make a reasonable effort to inform the users that water service is being terminated. The city shall deliver a notice to terminate water service with the same 30-minute opportunity to make payment at City Hall offered to anyone contacted at the property. The mailing shall be at least seven days prior to termination of water service. This is to allow time for the tenant or tenants to establish a “tenant account” as outlined in KMC 13.24.030(3). The charge for this posting shall be $30.00 and shall be added to the water service account. Included in all notices of proceedings to terminate water service shall be information that the lack of running hot and cold water is in violation of the Uniform Housing Code and is grounds for eviction from the premises. The city employee may not accept payment of the delinquent amount from the user.

(4) In the event the water supply is turned off, the same shall not be turned back on until all delinquent utility charges, late fees and penalties have been paid in full. The account shall be charged a water turn-on charge of $50.00.

(5) The city shall have lien against the property for unpaid utility charges as provided by state law for unified utility billings. (Ord. 22-013 § 1; Ord. 13-013 § 1; Ord. 13-006 § 1; Ord. 00-614 § 3).

13.24.030 Utility billing.

Utility bills may be in the name of the owner or tenant in accordance with the following policies:

(1) Commercial Accounts. Commercial ac-counts that are metered separately for each unit may be billed to the tenant. All other accounts are billed to the property owner. Final bills will be processed for tenants of commercial accounts. Billings made in the name of the tenant do not relieve the property owner of liability for payment of charges incurred by the tenant including delinquent charges.

(2) Residential Accounts. All utility billings to residential properties shall be billed to the property owner. The property owner shall be responsible for all billings including lien fees, delinquent charges and court fees.

(3) Tenant Accounts. Water service will be delivered to a single-family residential rental property at the request of the tenant if the tenant claims an owner/tenant dispute exists and the owner has allowed the water service account to become delinquent. If such a situation exists, a tenant may open an account for water/sewer/garbage utility service of the property to be served on the same terms and conditions as any other residential account.

(4) It is the property owner’s responsibility to notify the city of any change in billing procedure. (Ord. 13-006 § 1; Ord. 00-614 § 6. Formerly 13.24.050).

13.24.040 Commercial – Definition for utility billings.

“Commercial” means any establishment or business which is not single-family or multifamily residential. This includes hotels/motels, nonprofit organizations, federal, state and local government owned facilities. This does not include churches, which are considered to be residential for utility billing purposes. (Ord. 13-018 § 1).