Chapter 13.80
UTILITY BILLING
Sections:
13.80.020 Utility service accounts.
13.80.040 Account maintenance.
13.80.060 Delinquent accounts.
13.80.130 Tenant billing procedures.
13.80.010 Purpose.
This chapter provides for the establishment of a utility billing and receipting system for reimbursement of the costs of providing utility service. (Ord. 2002-29 § 2 (part), 2002)
13.80.020 Utility service accounts.
A. Creation. The utility shall create a utility service account upon receipt of an executed utility service application or agreement. The account shall be in the name of the property owner and may be activated or terminated only upon written notice by the property owner.
B. Commencement of Billing. Billing for utility services shall commence at the date of connection to the utility system, change of ownership or use of the utility system, unless modified herein. (Ord. 2002-29 § 2 (part), 2002)
13.80.030 Designated agents.
Any property owner may designate an agent to receive billing and provide for account maintenance. To designate an agent, the owner must deliver to the Poulsbo utility billing department a properly executed form provided by the city. The owner shall be responsible for notifying the utility of any change in the agent’s status. (Ord. 2002-29 § 2 (part), 2002)
13.80.040 Account maintenance.
A. Notification Required. Whenever the owner of a premises connected to the utility system desires to have the service activated or discontinued for their own or another’s use, the owner shall notify the Poulsbo utility billing department in writing on the forms provided.
B. Action. The utility, upon payment of a service fee, will activate or discontinue service or prorate the customer bill for partial billing periods upon the request of the owner. (Ord. 2002-29 § 2 (part), 2002)
13.80.050 Billing statement.
A. Billing. The utility shall bill each utility service account for all fees, rates, and charges for service for the billing period.
B. Payments. Payments received on each service account shall be applied in the following priority to the outstanding account balances: fees, administrative charges, solid waste charges, wastewater charges, stormwater charges and water charges. Receipts shall be credited to the oldest balances first.
C. Due Date. All charges for utility service shall be due and payable on the first day of each calendar month succeeding the month on which such service was furnished and shall become delinquent on the twentieth day of the month.
D. Failure to Receive Bill. Failure to receive a bill does not relieve an owner or user of the responsibility for payment of charges and penalties on the account.
E. Wastewater. Billing for mandated wastewater service as directed by the Kitsap County department of health or the utility, regardless of connection, shall commence sixty days following written notice by the Kitsap County department of health, the city, or the date of connection whichever shall occur first.
F. Delinquency. A utility bill which remains unpaid after the due date shall be classified as delinquent and shall be subject to delinquent charges. The administrative cost for delinquent bills shall be five dollars per delinquent service per month. (Ord. 2019-21 § 2 (Att. A (part)), 2019: Ord. 2002-29 § 2 (part), 2002)
13.80.060 Delinquent accounts.
A. Right of Termination. The utility shall have the right to terminate service to the premises for which the utility account is delinquent. Service shall not be terminated for those accounts which require utilities for the operation of life-sustaining machines or equipment. Such an exception shall require the submission of written documentation of the requirement signed by a licensed physician following each notice of delinquency. The documentation must be submitted to and approved by the public works director.
B. Notice. When an account becomes delinquent, the utility shall provide written notice to the owner or agent notifying that the account is delinquent. The written notice shall contain the following information:
1. Date of termination which shall be no sooner than five days from notice;
2. A statement of the reason for the proposed termination of service;
3. A statement of what may be done to avoid termination;
4. A statement that the property owner may file a written appeal with the utility and the rights of the property owner to dispute the proposed termination.
C. Visit. The utility shall visit the service address five days following the written notification and physically place a final notice of termination on the door of the residence. The notice shall contain the following information:
1. The reason for termination of service;
2. The time in which service will be discontinued which shall not be sooner than twenty-four hours from final notice;
3. A statement of what may be done to avoid termination;
4. A statement that the property owner may file a written appeal disputing the proposed termination.
D. Termination Upon Nonpayment. If payment is not received within twenty-four hours following final notice, the service to the premises shall be terminated. (Ord. 2005-17 § 1 (part), 2005; Ord. 2002-29 § 2 (part), 2002)
13.80.070 Liens.
A. General. Delinquent and unpaid utility charges and all charges provided for in this chapter shall constitute a lien against the property served. Enforcement and collection of the lien shall include, but not be limited to, the right to discontinue service and deny service thereafter to any and all owners and/or occupants at the premises until the lien has been satisfied.
B. Change of Location. In the case where the owner of the premises moves to another location within the service area or applies for service at a new location, service may be denied at such location until the lien at the first location has been satisfied.
C. Filing. When a utility account becomes delinquent and unpaid for water, wastewater and stormwater charges, the utility shall file a lien against the property served at the office of the county auditor for Kitsap County. Such lien shall include the delinquent charges, together with an administrative charge for the cost of preparing and filing said lien.
D. Priority. Liens shall be superior to all other liens or encumbrances except those for general taxes, and/or special assessments. Enforcement of such lien or liens shall be in the manner provided by law. (Ord. 2002-29 § 2 (part), 2002)
13.80.080 Deferred payment.
A deferred payment arrangement may be extended to customers for the payment of delinquent accounts where the customer can demonstrate a temporary inability to make full payment. Customers who have failed to comply with previous payment arrangements, have a history of payment problems or fail to stay current in utility bills, may be denied deferred payment arrangements or have arrangements terminated. (Ord. 2002-29 § 2 (part), 2002)
13.80.090 Adjustments.
A. In the event of excessive registration of the water meter caused by broken or leaking water service pipes upon the premises of any customer, without knowledge of fault of the customer, an adjustment may be requested in writing. The request must be submitted within a three-month period and submitted after complete and satisfactory repairs together with documentation of satisfactory repair. Reduction shall be in accordance with the current adjustment policy of the city and applied to the sewer billing only.
B. An adjustment of sewer fees may also be granted to a property owner for an unexpected water loss not attributable to a broken or leaking water pipe if the property owner can demonstrate that the water was not discharged into the city sewer system. The adjustment shall be limited to one adjustment per property owner for the life of the property ownership. The adjustment shall be requested in writing. Reduction shall be in accordance with the current adjustment policy and applied to the sewer billing only.
C. If a customer disputes an adjustment, an appeal may be filed as set forth in Chapter 13.85.
D. Adjustment shall be limited to the previous two billing cycles and shall be submitted within ninety days of the billing date of the first affected billing.
E. The mayor or designee is authorized to promulgate administrative policies and procedures to implement this section. (Ord. 2017-12 § 1: Ord. 2002-29 § 2 (part), 2002)
13.80.100 Meter failure.
In the event of a meter failing to register properly, the customer shall be charged based on an estimate of average monthly consumption during the last three months when the meter was in good order, or from what may be considered the most reliable date or method as determined by the city. (Ord. 2002-29 § 2 (part), 2002)
13.80.110 Meter accuracy.
A. Removal for Testing. In the event the accuracy of the water meter is questioned by any customer, it shall be removed at the customer’s request and shall be forwarded to a meter calibration facility and be tested for accuracy. A deposit in the amount of fifty dollars shall be posted by a customer before the meter will be removed and tested at the customer’s request.
B. Findings. The findings of the calibration facility shall be binding and if the test discloses an error against the customer of more than three percent in the meter’s registry, the excess of the consumption of the three previous readings shall be credited to customer’s meter account and the city shall bear the entire cost of the test. If, however, an error of more than three percent against the customer is not found, the cost of the test shall be paid out of the customer’s deposit and the customer shall pay the balance in those cases where the cost exceeds the deposit. (Ord. 2002-29 § 2 (part), 2002)
13.80.120 Disconnection.
No person or owner of any premises connected to the city’s utility system shall disconnect the water unless he shall first file a written request and pay all arrearages current on water usage for said premises. (Ord. 2002-29 § 2 (part), 2002)
13.80.130 Tenant billing procedures.
The finance director is hereby authorized to establish a procedure for direct billing to tenants of the city’s water, wastewater and stormwater charges on a form established for that purpose. In order to defray the costs of billing, the finance director is authorized to charge a reasonable processing fee not in excess of the actual cost of processing and maintaining such forms on file. Such authorization form shall include the signature of the property owner authorizing billing of the tenant, acknowledging that the owner remains obligated for any unpaid balance including penalties, water turn-on/turn-off fees and lien recording fees and any other fees or charges otherwise established for utility service in accordance with the provisions of this title. (Ord. 2002-29 § 2 (part), 2002)