Chapter 15.02
RATES – REVENUES – BILLING – PERMIT FEES*
Sections:
15.02.030 Establishment of revenues, rates, fees, and charges.
15.02.040 Water service charges.
15.02.060 Sanitary sewer service charges.
15.02.080 Stormwater utility charges.
15.02.110 Terminating of service – Continuance of charges.
15.02.120 Consumer’s accounts – Keeping.
15.02.130 Date payment of bills due – Delinquency – Penalties.
15.02.140 Lien for nonpayment of utility service.
15.02.150 Shutoff – Continuation of service.
15.02.160 Water loss – Adjustment of charges.
15.02.180 Finance department – Combined billing.
15.02.190 Termination of water service – Rented dwellings.
15.02.200 Delinquent utility account – Rentals – Special cases.
15.02.210 Notices prior to shutoff – Metered dwellings.
15.02.230 Remedies not limited.
*For the statutory provisions authorizing cities and towns to control the rates and charges for the use of water systems; provided, that rates charged are uniform for the same class of customers or service, see RCW 35.92.010.
*For the statutory provisions authorizing cities and towns to control the rates and charges for the use of sewer systems; provided, that rates charged are uniform for the same class of customers or service, see RCW 35.67.020.
*For the statutory provisions authorizing cities and towns to control the rates and charges for the use of stormwater utilities; provided, that rates charged are uniform for the same class of customers or service, see Chapter 35A.80 RCW.
15.02.010 Definitions.
“Utility” or “utilities” means city water, sewer and/or stormwater either singly or in any combination. (Ord. 3533 § 1, 2024).
15.02.020 Revenues.
(1) All water system revenue collected pursuant to this chapter shall be credited and deposited in the water fund established pursuant to Chapter 3.22 LMC and used only for those purposes and expenditures allowed by law. Fees shall not be transferred to any other funds of the city except to pay for expenses attributable to the water utility.
(2) All filter plant revenue collected pursuant to this chapter shall be credited and deposited in the filter plant fund established pursuant to Chapter 3.23 LMC and used only for those purposes and expenditures allowed by law. Fees shall not be transferred to any other funds of the city except to pay for expenses attributable to the filter plant.
(3) All sewer system revenue collected pursuant to this chapter shall be credited and deposited in the sewer fund established pursuant to Chapter 3.24 LMC and used only for those purposes and expenditures allowed by law. Fees shall not be transferred to any other funds of the city except to pay for expenses attributable to the sewer utility.
(4) All stormwater system revenue collected pursuant to this chapter shall be credited and deposited in the stormwater fund established pursuant to Chapter 3.65 LMC and used only for those purposes and expenditures allowed by law. Fees shall not be transferred to any other funds of the city except to pay for expenses attributable to the stormwater utility.
(5) The director of the city’s department of finance shall provide for the billing of utility services and the financial administration and enforcement of utility accounts. The finance director is authorized to promulgate rules, procedures, and financial policies that are consistent with this chapter, applicable laws, and regulations, and generally accepted accounting principles as established by the state of Washington. The finance director may designate individuals to assist in administering this chapter. (Ord. 3533 § 1, 2024).
15.02.030 Establishment of revenues, rates, fees, and charges.
(1) Water and Sewer Utilities.
(a) The rates to be charged for water and sewer service (base rate) and consumption (based on metered water consumed) shall be fixed from time to time by resolution of the city council, and shall be adequate to provide for ordinary maintenance, bond redemption, and operation costs of the system, and for:
(i) A replacement reserve to be used to replace the present system, or parts thereof, as the same become worn out or obsolete.
(ii) A betterment reserve to provide for extensions and additions to the system not otherwise provided for in this chapter.
(2) Stormwater Utility.
(a) All real property in the city shall be charged for stormwater utility services; provided:
(i) Undeveloped parcels shall not be subject to such charges;
(ii) Charges for new development shall be imposed upon establishment of water/sewer service, or certificate of occupancy for developments without water/sewer service.
(b) The rates and charges to be imposed for all stormwater utility services shall be uniform for all classes of real property as defined in Chapter 15.94 LMC.
(c) The rates to be charged for the stormwater utility shall be fixed from time to time by resolution of the city council, and shall be adequate to provide for ordinary maintenance, bond redemption, and operation costs of the system, and for:
(i) A replacement reserve to be used to replace the present system, or parts thereof, as the same become worn out or obsolete.
(ii) A betterment reserve to provide for extensions and additions to the system not otherwise provided for in this chapter.
(3) Water and sewer shall be billed by the CCF rounding to the nearest full unit.
(4) Stormwater shall be billed by the ERU rounding to the major fraction thereof.
(5) Charges and fees to be charged for water, sewer, stormwater, and related services provided by the city to residential, commercial, or industrial users within the service area along with fees for permitting services shall be as established from time to time by resolution of the city council.
(6) The city council may establish classifications of water, sewer, and stormwater customers or service based on criteria determined by the city council, using any method(s) authorized by law. If established, the classifications shall be denoted in the rates, charges, and fees resolution adopted pursuant to this section.
(7) The finance director, in consultation with the director, shall periodically evaluate rates, charges and fees and recommend adjustments based on revenue requirements necessary to cover all budgeted costs of the utility as guided by the financial policies and applicable bond covenants.
(8) Industrial water rates may be set by agreement or contract at the discretion of the director with concurrence from city council.
(9) The water rate for municipal or private fire protection service shall be as fixed from time to time by resolution of the city council. (Ord. 3540 § 1, 2024; Ord. 3533 § 1, 2024).
15.02.040 Water service charges.
(1) There is levied a monthly water service charge (customer rates) against all improved properties connected to the city water, said water service charge being in the amount as established from time to time by resolution of the city council.
(2) Customers outside of the Longview corporate limits shall be charged an additional amount, as provided by resolution of the city council, as shall be necessary to reimburse the city for existing facilities financed by the city as pumping stations, reservoirs and pressure reducing valves.
(3) All accounts for water service shall be kept in the name of the applicant for service. Water bills shall be mailed to the customer. If the customer chooses, water bills may be electronically delivered. (Ord. 3533 § 1, 2024).
15.02.060 Sanitary sewer service charges.
(1) There is levied a monthly sanitary sewer disposal service charge (customer rates) against all improved properties connected to the city sanitary sewer, said sewage disposal service charge being in the amount as established from time to time by resolution of the city council.
(2) Customers outside of the Longview corporate limits shall be charged an additional amount, as provided by resolution of the city council, as shall be necessary to reimburse the city for existing disposal facilities financed by the city as pumping stations, interceptor lines and treatment facilities.
(3) All accounts for sewer service shall be kept in the name of the applicant for service. Sewer bills shall be mailed to the customer. If the customer chooses, sewer bills may be electronically delivered to the customer.
(4) Notwithstanding the charges fixed by any such resolution, whenever any person shall discharge into the sanitary sewer system waste materials which, in the judgment of the director, require treatment more than that required for normal domestic sewage, such person shall pay high strength fees for sewage disposal service as shall be fixed by resolution of the city council.
(5) Any person having their own water supply, or a public water supply other than that of the city, but who uses the sanitary sewer system of the city for the disposal of sewage or waste materials, shall pay a monthly sanitary sewer disposal service charge equal to the residential sanitary sewer service charge, payable by other users of the sanitary sewer disposal service residing within the city, as fixed by any such resolution. Such sanitary sewer service charge shall be paid to the city through its finance department.
(6) If the customer has water service through the city, these rates and charges for sanitary sewage disposal service shall be due and payable with the water bill of the city and shall become delinquent at the same time the monthly city water bill becomes delinquent as provided by the present ordinances of the city and future amendments thereto. (Ord. 3533 § 1, 2024).
15.02.080 Stormwater utility charges.
All accounts for stormwater utility services shall be charged against the parcel to which such stormwater services are applicable, and such accounts shall be kept in the name of and billed as follows:
(1) Residential accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service for the single-family dwelling unit.
(2) Multiple-occupancy residential accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service to the multiple-family parcel or multiple-family dwelling or to the record owner or owner’s agent of the parcel to which such stormwater services are rendered.
(3) Sole occupancy nonresidential accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service for the parcel to which such stormwater services are rendered.
(4) Multiple-occupancy nonresidential accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service to the premises or to the record owner or owner’s agent of the parcel to which such stormwater services are rendered.
(5) Mixed-use occupancy accounts shall be kept in the name of and billed to the person, firm or corporation shown as the recipient of water and/or sanitary sewer service or the record owner or owner’s agent of the parcel to which such stormwater services are rendered.
(6) Accounts that cease to be recipients of water and/or sanitary sewer service by reason of disconnection or termination of service shall be kept in the name of and billed to the person, firm or corporation shown as the record owner of the parcel to which such stormwater services are rendered, until such time as water and/or sanitary sewer service is restored.
(7) Account for parcels without water and/or sanitary sewer service shall be kept in the name of and billed to the person, firm or corporation shown as the record owner of the parcel to which such stormwater services are rendered.
In the event of delinquencies and the imposition of liens, the record owner of the parcel to which such stormwater utility services were provided shall bear ultimate responsibility for the payment of all charges for stormwater utility services to such parcel. (Ord. 3540 § 1, 2024; Ord. 3533 § 1, 2024. Formerly 15.02.090).
15.02.100 Deposits.
A utility deposit shall be required for all new utility accounts, with the exception of new accounts only being billed for stormwater utility charges. The amount of the deposit shall be set from time to time by resolution of city council.
Deposits shall be made to the utilities fund through the finance department of the city. No interest shall be paid on such deposit. Such deposit may be applied by the city, at any time, in whole or in part, to the payment of any delinquent amount due for such utility service.
(1) One deposit of the same dollar amount shall be collected by the city finance department regardless of number of city utilities on the account.
(2) Refund of Deposit. Deposits for city utility service which remain in good standing after three successive years shall be refunded to the customer in whose name such a deposit is credited. Such refund shall be affected only by applying such a deposit in partial payment of the city utilities bill or bills then next becoming due. After such a refund, a new deposit may be required.
(3) If a city utility customer’s account should become delinquent after such a refund, the finance director may require a new deposit to be made prior to reconnection or continuing of the utility service to such a customer.
(4) Service Termination. If a deposit remains, then upon the customer’s advising the department of finance of the city that such water service is no longer required by the applicant, and providing all service charges payable by the applicant are fully paid at said time, the city shall return the deposit to the applicant, and further water service shall not be furnished to the property for which the applicant had made such deposit until a new deposit is made with the city. (Ord. 3540 § 1, 2024; Ord. 3533 § 1, 2024).
15.02.110 Terminating of service – Continuance of charges.
Charges for utility service shall continue in the customer’s name and to the customer’s account until the customer serves notice to the city of their ceasing to occupy the premises to which a utility service is being rendered. (Ord. 3533 § 1, 2024).
15.02.120 Consumer’s accounts – Keeping.
It shall be the duty of the director of finance to keep accounts with all consumers of water and to enter on such accounts all charges and penalties. (Ord. 3533 § 1, 2024).
15.02.130 Date payment of bills due – Delinquency – Penalties.
(1) All money due the city for utilities for any customer shall be due and payable within 15 days of the billing date shown on each bill.
(2) Any money due the city for utilities for any customer shall be deemed delinquent if not paid on or before 15 days after the due date shown on each bill.
(3) Penalty Charges.
(a) A penalty, as fixed from time to time by resolution of the city council, shall be added to any utility bill which is not paid on or before 30 days after the billing date shown on each bill.
(b) An additional penalty, as fixed from time to time by resolution of the city council, shall be added to such unpaid utility bill for each successive 30-day period during which such bill, or any portion thereof, remains unpaid.
(c) No penalties shall be charged during the time that utility service to such customer is cut off in accordance with the provisions of LMC 15.02.140.
(4) Any payment made that is returned for lack of sufficient funds or for any other reason will not be considered received until payment by certified check, money order, cash, debit, or credit of the original amount due, plus a “nonsufficient funds (NSF)” charge as set from time to time by resolution of the city council, is received by the finance department. (Ord. 3533 § 1, 2024).
15.02.140 Lien for nonpayment of utility service.*
(1) All utility rates shall be charged against the premises for which the utility service was installed. When charges for utilities become delinquent and remain unpaid, the city shall file a lien against the premises to which utilities has been furnished. The lien shall not be for more than four months’ charges due or to become due nor for any charges which have been due for more than four months. If charges for utilities become a lien against the premises and remain unpaid for 40 days after the billing date shown on each bill, the utility may be shut off until all unpaid charges for the utility are paid. Failure to enforce such lien by cutoff of utility service shall not be deemed to relieve the customer of the obligation to pay the amount billed and unpaid.
(2) If an account remains unpaid for 30 days on the delinquent utility account, an additional penalty, as fixed from time to time by resolution of the city council, shall be added to such account, regardless of whether the same is collected as a result of such demand for payment.
(3) If the utility is shut off for such reason, a charge, as fixed from time to time by resolution of the city council, shall be assessed for reconnecting the utility. In no case shall the utility be reconnected until all unpaid and delinquent charges for the utility, and other delinquent charges, have been fully paid.
(4) The right to enforce such lien may be exerted whenever and as often as such default occurs, and neither delay nor omission on the part of the city to enforce the same shall be deemed as a waiver of its right to enforce the same at any time within the period provided by law and this article so long as a default continues. (Ord. 3533 § 1, 2024).
*For the statutory provisions regarding liens for utility services and enforcement thereof, see RCW 35.21.290 and 35.21.300.
15.02.150 Shutoff – Continuation of service.
When an account holder ceases to occupy the premises to which utility service has been rendered, and has requested that the service be terminated, the unpaid charges for such utility services shall be determined, and the utility services to the property shall be shut off, except as follows:
(1) Upon payment for all service up to the time of service termination, as defined above, and with continuation of utility service to a new account holder; or
(2) Upon the written agreement of the account holder to transfer the unpaid charges to another city utility account, and the continuation of utility service in the name of an account holder; or
(3) Upon the written notice from the property owner or his agent, and the continuation thereafter of utility service in the name of an account holder.
(4) Upon submission of the appropriate form, an account may be suspended, and the water meter locked out for periods over 60 days. Water service will not be available until the account is reactivated. During this time, water and sewer base fees will continue, but water and sewer consumption fees will not be charged. A fee, as fixed from time to time by resolution of the city council, shall be charged to reactivate the account. (Ord. 3533 § 1, 2024).
15.02.160 Water loss – Adjustment of charges.
Whenever, in the judgment of the director, any water consumer suffers a loss of metered water without fault or neglect on the part of the consumer, the finance director may adjust the consumer’s water bill in accordance with the finance department policy, not to exceed a 50 percent reduction, and as supported by the particular facts and circumstances of the situation. (Ord. 3533 § 1, 2024).
15.02.170 Testing meters.
When any consumer makes a complaint that the bill for any month is excessive, the water department will, upon request, have such meter reread and the service inspected for leaks or other defects. Should the consumer then desire that the meter be tested, he or she shall be required to make a deposit as set in the master fee schedule to cover the cost of making such test. The meter will then be tested. Should such meter show an error of over three percent in favor of the city, the deposit will be refunded to the consumer. The meter will be corrected or replaced, and the bill adjusted. If the test of such meter should show an accurate measure of water or should show an error in favor of the consumer, the sum deposited will be retained by the city to cover the cost of such test. When it is determined that any meter has not been registering correctly, then an average bill may be rendered based either on the nearest three preceding months’ average use when the meter was in good order, or on the same month of the preceding year, if the use is seasonal. (Ord. 3533 § 1, 2024).
15.02.180 Finance department – Combined billing.
For convenience of the city, combined bills for solid waste collection, recycling collection, sanitary sewer service, water service and/or stormwater utility service may be prepared by the finance department of the city and submitted to customers of such services for payment. Such combined billings may also include all notices of delinquency and termination of service. (Ord. 3533 § 1, 2024).
15.02.190 Termination of water service – Rented dwellings.
When a delinquent water bill is owed by the tenant/account holder occupying a rented dwelling, water service may be terminated pursuant to LMC 15.02.140. (Ord. 3533 § 1, 2024).
15.02.200 Delinquent utility account – Rentals – Special cases.
(1) When a delinquent water bill is owed by the owner or landlord for a rented dwelling which is occupied by a tenant, no termination of service will occur unless:
(a) The tenant is first provided an opportunity to place the account in their own name; and
(b) Without incurring any liability for the owner’s or landlord’s delinquent bill.
(2) When a delinquent water bill is owed for a rented dwelling which is occupied by a tenant, and the delinquent bill is in a previous tenant’s name, no termination of service will occur unless:
(a) The tenant is first provided an opportunity to place the account in their own name; and
(b) Without incurring any liability for the previous tenant’s delinquent bill.
In both cases, the current tenant must make application in person at the Longview City Hall during business hours (unless this is unreasonable because of a physical handicap or disability, in which event other arrangements must be made between the applicant and the finance department of the city) and complete any forms required by the finance department to place service in their name.
(3) Arrangements for continued service cannot be made by telephone.
(4) Such applicant will be required to present personal identification, a copy of his or her rental agreement or lease, if any, and to provide the name and mailing address of the landlord, owner of the premises or the agent of such owner.
(5) If water service is terminated before a tenant has exercised the privilege to have the account placed in their own name, the tenant may have the water restored without liability for the delinquent bill by applying to place the account in his or her own name for future service, and by paying the usual and required reconnect charges.
(6) In individually metered multiple-family dwelling units, if a majority of the tenants elect to place the account for future water service into their names, they must agree to pay:
(a) Appropriate transfer-of-account charges.
(b) Reconnection charges if service has been terminated before the tenants have exercised the right to have the account placed in their names.
(c) All future water bills coming due during their occupancy of the premises.
(d) They must post the required deposit. (Ord. 3533 § 1, 2024).
15.02.210 Notices prior to shutoff – Metered dwellings.
The city finance department will not terminate water service to single-family dwellings or individually metered multifamily dwellings because an account is delinquent, unless the following procedures are carried out:
(1) If payment of the amount owing on a water or other utility account has not been received by the thirtieth day after the bill date, the finance department will send, by mail, a past due notice to the service address, to the mailing address of the property owner if known to the city finance department, and to the mailing address of the property owner’s rental agent or property manager if known to the city finance department. This notice will advise that payment is past due and will alert the recipient of water and/or other utility services, the property owner, and the property owner’s agent (if any) that water and/or other utility service will be terminated in 10 days unless payment is received or arrangements acceptable to the city finance department have been made. A statement describing “tenant’s rights” as provided in this section will be printed on the back of the past due notice, or included therewith, and will be referred to on the face of said past due notice.
(2) If payment of a water or other utility account has not been received by the fortieth day after the bill date, then service will be terminated in less than 48 hours unless payment is made, or unless other arrangements satisfactory to the finance director have been made.
(3) The statement of tenant’s rights included with the past due notice shall be substantially in the following form:
NOTICE OF TENANT’S RIGHTS
IF YOU ARE A TENANT RESIDING AT THE SERVICE ADDRESS AND WATER IS PRESENTLY BEING DELIVERED TO YOUR HOME: You are not responsible for water bills incurred by a previous tenant who moved out before you moved in and you are not responsible for water bills incurred by your landlord.
If this bill is the obligation of a prior tenant who no longer occupies the premises, or the obligation of your landlord, you have the right to obtain continued water services by contacting the Finance Department and having the account placed in your name. If you do place the account in your name, services will not be disconnected because of an unpaid bill for which you are not responsible. You will be responsible for future bills coming due during your tenancy, and you will be required to pay a deposit.
To place service in your own name you must go to City Hall, 1525 Broadway, Longview, Washington during normal business hours and make application in person for continued service. You will be required to present personal identification and your current Rental Agreement, if you have one. You also will be required to identify your landlord and his or her current address.
If service is disconnected before you have contacted the Finance Department, a reconnection fee will be charged before service is restored.
You may pursue a dispute concerning the responsibility for past due water or other utility bills or the right to have the service placed in your name with the City Finance Department. Water and other utility service will not be disconnected or discontinued until such dispute is resolved by the Finance Director or his or her designee.
(Ord. 3533 § 1, 2024).
15.02.220 Notices prior to shutoff – Multiple dwelling meter (nonmetered individual dwellings and spaces).
The city finance department will not terminate water service to multiple-family dwelling units, mobile home spaces, trailer spaces or other occupancies that are not individually metered and which are billed to the owner, manager or agent thereof because of delinquency in the payment of water bills unless the following procedures are carried out:
(1) If payment on a water or other utility account has not been received by the thirtieth day after the bill date, the finance department will send, by mail, a past due notice to all tenants of said multiple-family dwelling units, mobile home spaces, trailer spaces or other occupancies that are not individually metered. Such notice will advise that payment is past due and will alert such tenants that service will be terminated in 10 days unless payment is received or arrangements acceptable to the city have been made. A statement describing “tenant’s rights – nonmetered units” as provided herein will be printed on the back of the past due notice and will be referred to on the face of the past due notice.
(2) If payment on a water or other utility account has not been received by the fortieth day after the bill date, a duly authorized employee of the city will physically deliver to the service address, to the address of the owner, manager, or agent thereof, and to each dwelling unit or space a disconnection notice. Such notice shall advise that the account is past due, and that service will be terminated not less than 48 hours after such delivery or posting of the notice unless payment is made, or unless other arrangements satisfactory to the finance director have been made. A statement describing “tenant’s rights – nonmetered units” will be printed on or attached with the disconnection notice.
(3) The statement of “tenant’s rights – nonmetered units” included with the past due notice and the disconnection notice shall be substantially in the following form:
NOTICE OF TENANT’S RIGHTS
– NONMETERED UNITS
IF YOU ARE A TENANT RESIDING AT THE SERVICE ADDRESS AND WATER IS PRESENTLY BEING DELIVERED TO YOUR HOME: You are not responsible for water bills incurred by the owner or manager of the premises or their agent. You may be affected, however, by the failure of the owner, manager, or their agent, to pay in a timely fashion, all water and other utility bills relating to the premises occupied by you as your home.
A majority of the tenants occupying the premises constituting the multiple-family dwelling structure or complex, mobile home park, trailer park or other occupancy the individual dwelling or space units of which are not separately metered, may have the utility account placed in their collective names and assume responsibility for future payment of water and other utility service provided to the service address. If you do so, you will be responsible for future bills coming due during your occupancy of the premises, and a majority of the occupants or tenants must continue to be responsible for such payment at all times. You will be required to pay a deposit equal to two months’ estimated water and other utility service charges to the premises.
To place service in your own names you must all go to City Hall, 1525 Broadway, Longview, Washington during normal business hours and make application in person for continued service. You will each be required to present personal identification and your current Rental Agreement or lease if you have one. You will each also be required to identify the owner, manager, or their agent, and his or her current address.
If service is disconnected before you have contacted the Finance Department, a reconnection fee will be charged before service is restored.
You may pursue a dispute concerning the responsibility for past due water or other utility bills or the right to have the service placed in your name with the City Finance Department. Water and other utility service will not be disconnected or discontinued until such dispute is resolved by the Finance Director or his or her designee.
(Ord. 3533 § 1, 2024).
15.02.230 Remedies not limited.
Nothing set forth in LMC 15.02.180 through 15.02.220 shall be construed to limit the right of the city to proceed either by judicial process or by the remedies prescribed by LMC 15.02.140 or RCW 35.21.290 or 35.21.300, to the extent that such actions do not interfere with a tenant’s rights as provided in LMC 15.02.180 through 15.02.220. (Ord. 3533 § 1, 2024).
Article II. Sewers