Chapter 13.12
WATER RATES AND CHARGES
Sections:
13.12.030 Responsibility for payment.
13.12.070 Delinquency – Date – Collection.
13.12.080 Delinquency – Penalties and costs imposed.
13.12.090 Delinquency – Shutoff penalty.
13.12.100 Delinquency – Restoration of service.
13.12.110 Delinquency – Ownership or occupancy changes.
13.12.010 Monthly rates.
The rates and charges for water furnished by the city are established by ordinance. (Ord. 762 § 9, 1992; Ord. 705 § 9, 1988; Ord. 703 § 1, 1987; Ord. 684 § 1, 1986; Ord. 665 § 1, 1985; Ord. 655 § 1, 1985; Ord. 648 § 1, 1984)
13.12.020 Turn-on charge.
A. When any water service is turned off at the request of the owner of the property, or the tenant thereof, or by the city for nonpayment of service charges, the charge for turning the water on again to be established by ordinance, if service is requested to be performed during normal working hours of the city water department employees.
B. When a turn-on is ordered for weekends, holidays or outside the normal working hours on weekdays, a special service fee established by ordinance will be charged.
C. A new account fee as established by ordinance will be charged when there is a change in account name. (Ord. 762 § 9, 1992; Ord. 705 § 9, 1987; Ord. 648 § 2, 1984)
13.12.030 Responsibility for payment.
The person who owns the premises served by the water system shall be responsible for payment of the water user charge for that property, notwithstanding the fact that the property may be occupied by a tenant or other occupant who may be required by the owner to pay the charges. All statements shall be mailed to and billed in the name of the property owner. At the property owner’s written direction, monthly statements may be directed to the tenant or to a property manager, but in any case the account shall remain in the name of the property owner and the property owner shall be responsible for the account. In the event that the property owner desires a copy of the statement to be sent to another address, they shall contact the city and complete the necessary paperwork provided by the city to effect such copy of the statement being sent to another address. (Ord. 1222 § 1, 2023; Ord. 850 § 1, 1997; Ord. 648 § 3(a), 1984)
13.12.040 Billing frequency.
Billings for water service shall be sent on a monthly basis for services rendered to the property owner pursuant to the provisions of OMC 13.12.030. (Ord. 850 § 2, 1997; Ord. 648 § 3(b), 1984)
13.12.050 Date of billing.
The date of billing shall be the first day of the month following the month for which the user charge is calculated. (Ord. 648 § 3(c), 1984)
13.12.060 Due date.
User charges shall be due and payable to the city clerk-treasurer no later than 12 days after the date of billing. (Ord. 648 § 3(d), 1984)
13.12.070 Delinquency – Date – Collection.
User charges levied in accordance with this chapter shall be a debt due to the city. If this debt is not paid within 40 days after it is due and payable, it shall be deemed delinquent and may be recovered by civil action in the name of the city against the property owner, the person or both. (Ord. 1222 § 1, 2023; Ord. 648 § 3(e), 1984)
13.12.080 Delinquency – Penalties and costs imposed.
A penalty in an amount to be established by ordinance shall be imposed upon all accounts not paid within 40 days after the date said account is due and payable. In addition, as a condition of reinstatement of such account, the city shall be reimbursed for all its costs associated with performing disconnection and restoring of services as established by ordinance, except as outlined in the provisions of OMC 13.12.100. The city clerk-treasurer is authorized to waive all, or a portion of, penalties assessed in the event of extreme hardship or account delinquency through no fault of their own. The penalty provision of this section shall not apply to accounts for service to the United States Government, the state or political subdivisions of the state. (Ord. 1222 § 1, 2023; Ord. 1014 § 1, 2005; Ord. 880 § 1, 1999; Ord. 648 § 3(f), 1984)
13.12.090 Delinquency – Shutoff penalty.
In the event of failure to pay the user charges after they have become delinquent, the city shall have the right to cut off water service to the premises, unless a heat-related alert, warning, watch or advisory for the area in which the user resides has been issued by the National Weather Service or they have announced their intention of such an alert. In the event of a heat-related event occurring, water cut off will be completed once the heat related alert, warning, watch or advisory has expired if the balance is still due and owing. The expense of such discontinuance, as well as the expense of restoring service, shall be a debt due to the city and may be recovered by civil action in the name of the city against the property owner, the person or both. In the event that for any reason the city is unable to cut off water services or declines to cut off water service to a delinquent account, the city may, in its discretion, impose a penalty in lieu of the expense which would be incurred by the city had water service to the subject premises been cut off and later restored. This penalty may be recovered by civil action in the name of the city against the property owner, the person, or both. (Ord. 1222 § 1, 2023; Ord. 881 § 1, 1999; Ord. 648 § 3(g), 1984)
13.12.100 Delinquency – Restoration of service.
Services shall not be restored until all charges, including interest accrued and other penalties charged have been paid unless a special condition applies. A special condition shall apply if the National Weather Service has issued or intends to issue a heat-related alert, warning, advisory or watch and the user who has been disconnected requests reconnection of service. In that event, the user will be required to enter into a repayment plan as allowed by state law, which will be designed both to pay the past due bill, and to pay for continued utility service. (Ord. 1222 § 1, 2023; Ord. 648 § 3(h), 1984)
13.12.110 Delinquency – Ownership or occupancy changes.
Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. (Ord. 648 § 3(i), 1984)