Chapter 3.05 BILLING AND COLLECTION OF UTILITY CHARGES

The purpose of this chapter is to establish procedures regarding utility billing practices of the City, including procedures for termination and resumption of utility services, and to accomplish the prompt and efficient collection of amounts owing on the accounts of public utilities, including water, sewer, solid waste and other matters encompassed by the City’s utilities operations. The provisions of this chapter shall apply to accounts for garbage and refuse, as provided for in Section 6.10.220, and to water utility and sewer utility services from the time the water service for a building is turned on, and will be considered an established utility service until such time as the water service line or the sewer service line is physically disconnected from the City’s water utility system or sewer utility system, respectively. (Ord 23-599 §1 (Ex A); Ord 06-169 §1; Ord 03-118 §2; Ord 96-06 §1)

3.05.020 Definitions. Revised 9/24

For the purposes of this chapter, the following words and phrases are defined as follows:

"Account" means a record of charges for utility services provided to a service address.

"Applicable minimum utility charge" means the greater of the minimum rates for utility services for the billing period set forth in this chapter, or the utility charges that would have been incurred by the utility customer for normal use of utility services, as determined by the City according to the information presented by the utility customer in proof the utility services were substantially increased utility services, plus a factor of ten percent.

"Combined utility billing" means a bill for water, sewer, irrigation, stormwater, garbage and other utility services provided by the City at rates established by City ordinance. Capital improvement charges, meter charges, connection charges, reconnection charges, temporary disconnection charges and other similar charges provided for by City ordinance may be included in the combined utility billing.

"Customer" means the owner of the property to which utility services are provided, or the consumer of utility services or other person designated on the billing address shown in the files of the City’s utility billing system.

"Day" means calendar day unless otherwise stated.

"Delinquency fee" means the delinquency fee for utility accounts as stated in the City’s rate resolution, as it now appears or is hereafter amended.

"Exceptionally increased commercial sewer charges" means utility charges to a commercial sewer customer for a billing period that satisfy the following requirements: (1) the billing for commercial sewer usage of the utility customer is exceptionally increased for the subject billing cycle illustrated by a comparison of the utility customer’s bill for commercial water usage with the utility customer’s bill for water usage for the same period for the previous year; and (2) the increased water use is due to water uses that do not cause a similar increase in commercial sewer services provided by the City, such as lawn watering.

"Exceptionally increased residential water charges" means utility charges to a residential water customer for a billing period that satisfy the following requirements: (1) the residential water provided by the City to the utility customer for the subject billing cycle had increased exceptionally, illustrated by a comparison of the utility customer’s bill for residential water usage for the billing period with the utility customer’s bill for residential water usage from the previous year, over a period of six months; (2) the increased water use is due to an underground or similar leak in the water lines within the utility customer’s premises or property, which leak is evidenced by some proof, such as a repair bill; and (3) the utility customer did not know, or, under the circumstances, it is reasonable to expect that the utility customer did not know, of the underground or similar leak in the water lines.

"Exceptionally increased utility charges" means exceptionally increased residential water charges or exceptionally increased commercial sewer charges.

"Finance Officer" means the person appointed as the City’s Finance Director pursuant to Section 2.10.020.

"Identification" means a document that is sufficient to identify the applicant, and includes but is not limited to, a driver’s license issued by a state or outlying territory of the U.S., provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address; identification card issued by federal, state, local or foreign government agencies or entities, provided it contains a photograph or information such as name, date of birth, gender, height, eye color and address; voter registration card; U.S. military card or draft record; military dependent’s identification card; or Native American tribal document.

"Owner" means the owner or reputed owner of the property that is listed on the tax rolls of the Grant County Treasurer for the service address.

"Residential customer" means the owner of the residential property to which utility services are provided.

"Service address" means the physical location in the City where utility services are provided. The term "service address" is intended to be expansive, and includes the parcel of real property where utility services are provided, together with all other parcels of real property which may be separate parcels of real property on the records of the Grant County Assessor, but which parcels have been integrated into a single use or operation with the real property to which the utility service is actually delivered, and which use is being benefitted by the utility service. The term "premises" may be used interchangeably with "service address."

"Utility services" means sewer service under Title 13, water service under Title 13 and garbage or refuse services under Title 6 provided to a certain service address. The term "services" may be used interchangeably with "utility services." (Ord 24-620 §13; Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 00-68 §1; Ord 96-06 §1)

3.05.030 Administrative procedures.

The Finance Officer may implement administrative procedures, adopt forms required by this chapter, and do all things necessary to effectuate the purposes of this chapter. The administrative procedures implemented by and forms adopted by the Finance Officer shall be on file at City Hall and available for public inspection during regular business hours. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1)

3.05.040 Utility service application.

A. Application Required. All transactions concerning utility services shall be made through the Finance Department. Before utility service will be connected or commenced, proper application must be made by the customer and the customer must provide appropriate identification.

B. Application Contents. The Finance Department will require each prospective customer to sign an application for utility services. Application must be made in writing on a standard application form available at the Finance Department. The application shall set forth at a minimum the customer name, the location of the service address, the address that bills shall be mailed and must be signed by the prospective customer. The application is merely a written request for utility services and does not bind the City to provide utility services.

C. New Account Security Deposit. At the time an account is requested and before it is authorized, the Finance Officer shall require the prospective customer either to make a security deposit with the City or to present a copy of a verifiable prior utility credit rating suitable to the Finance Officer, in their sole discretion, to assure that the account will not become delinquent. A security deposit, if required, will normally be equal to one month of utility services at the service address based upon the average of the immediately preceding two months of utility services at that service address. The security deposit shall not bear interest and may be applied to the customer’s final bill or, upon request of the customer, to the account twelve months after payment of the security deposit; provided, that the customer has maintained a good payment history.

D. Outstanding Bill Payment. A prospective customer who has been a customer of the City at the service address or at some premises other than those specified in the application who at the date of application still owes the City for unpaid bills shall be required to pay all outstanding bills before connection for utility services is made. Utility services will be denied to anyone who uses any subterfuge whatsoever to avoid payment for the services.

E. Change of Address. If after the application is filed with the Finance Department, the customer desires to have the bills delivered to a different address than the mailing address stated on the application, the customer must complete a change of address form and file it with the Finance Department. (Ord 23-599 §1 (Ex A))

3.05.050 Responsibility of owner.

All owners shall remain ultimately and legally liable for the payment of any and all utility charges to the service address, regardless of whether such property is used for single-family, multifamily, or commercial purposes and regardless of where the utility bill is delivered or that the billings are made in the name of a commercial tenant, property owner or for residential customers requested to have bill titled "owner/occupant." Such billings for commercial tenants and those titled "owner/occupant" of the service address are for convenience only and shall not in any way affect lien rights of the City against the service address. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.040)

3.05.060 Billing delivery.

A. Utility billings, including combined utility billings, shall be delivered to the customer by depositing the same in the United States mail, directed to the address shown on the application for utility service submitted by the customer to the City or on the change of address form submitted by the customer to the Finance Department.

B. Deposit in the United States mail pursuant to subsection (A) of this section shall be deemed full and complete notice to the customer of the nature and amount of any particular utility billing. If the billing is mailed, the customer is deemed to have received the billing three business days after the City deposited the billing in the mail, postage prepaid. Failure to actually receive a bill or a mailed or posted notice shall not relieve the customer from the obligation for payment. Past due charges may be shown as a single delinquent balance. (Ord 23-599 §1 (Ex A))

3.05.070 Billing cycle.

Unless otherwise directed for administrative convenience and efficiency by the Finance Officer, billings for utility services shall be issued on a monthly cycle. Current charges shall be itemized for each utility service and other items as the Finance Officer may prescribe. Past due charges may be shown as a single delinquent balance. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.050)

3.05.080 Authority of City to require cash payment.

The City reserves the right to require payment by cash, credit card or certified funds from any customer who has previously tendered a payment that was not honored by their financial institution. (Ord 23-599 §1 (Ex A))

3.05.090 Partial billing period.

When a customer requests service termination prior to the end of a regular billing cycle, the customer will be billed for a pro rata share of the minimum or actual monthly service charge, whichever is greater. In addition, the customer will be charged for water consumption based upon water used from the last meter reading to the date of termination in excess of the minimum gallons per month on a pro rata share. (Ord 23-599 §1 (Ex A))

3.05.100 Delinquency date.

A. Due Date. The combined utility billing shall be due and payable in full on the twenty-fifth day of each month following the month in which utility services were rendered, unless that date is a weekend day or legal holiday, in which case the due date shall be the next business day. All payments received in the payment drop box prior to eight a.m. on the morning after payment due date will be accepted without penalty. Payments received in the drop box after eight a.m. will be posted the next business day and the account will be billed delinquency fees and subject to service termination.

B. Delinquency Date. The combined utility billing, or any portion thereof, which is not paid in full on or before the twenty-fifth day of the month shall be delinquent and shall result in the mailing of a notice of account delinquency and service termination. A delinquency fee shall be added to the account.

C. Termination of Water Service. If full payment is not received by the tenth day of the month following the due date, unless that date is a weekend day or legal holiday, in which case the effective date shall be the next business day, the City shall terminate water service to the service address. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1; Ord 05-151 §1. Formerly 3.05.060)

3.05.110 Delinquent accounts constitute liens.

A. If an account is delinquent, there shall be a lien in favor of the City, as follows:

1. Sewer Utility Services. Upon delinquency, the City shall have a lien against the service address as provided in RCW 35.67.200 et seq., and may further be enforced as provided in the applicable laws. The period for which the lien is applicable without written notice is one year.

2. Water Utility Services. Upon delinquency, the City shall have a lien against the service address, for the amount attributable to charges for water utility services for up to four months, enforceable by termination of service, all as provided in RCW 35.21.290 and 35.21.300, and any other applicable laws, and as described in this chapter.

3. Garbage Utility Services. Upon delinquency, the amount attributable to charges for garbage utility services shall become a lien against the service address as provided in RCW 35.21.130 and other applicable laws.

B. All additional lien and enforcement rights by statute and at common law are reserved by the City.

C. Notice of the City’s lien specifying the amount due (including all fees), the period covered, and giving the legal description of the premises sought to be charged shall be filed with the auditor for Grant County within the time required by law and may be foreclosed on in the manner and within the time prescribed by law. The lien, when filed, shall be prior to all other liens and encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local and special assessments, whether filed prior or subsequent thereto. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 00-68 §2; Ord 96-06 §1. Formerly 3.05.120)

3.05.120 Notice of account delinquency and service termination.

A. Whenever a combined utility billing is delinquent, the Finance Department shall give notice of account delinquency and service termination to the customer of the City’s intent to discontinue City utility services if payment in full is not made. The notice of account delinquency and service termination may be posted at the service address, mailed to the service address, or delivered personally to the customer.

B. If the notice of account delinquency and service termination is mailed it shall be given by depositing the notice in the United States mail, directed to the last known address of the customer as shown on the records of the City. Deposit in the United States mail of the notice of account delinquency and service termination shall be deemed full and complete notice to the customer of the nature and amount of any billing for utility services. If the notice of account delinquency and service termination is mailed, the customer is deemed to have received the notice three business days after the City deposited the notice in the mail, postage prepaid.

C. If an occupied multiple residential rental unit receives utility service through a single utility account, if the utility account’s billing address is not the same as the service address of a residential rental property, or if the City has been notified that a tenant resides at the service address, the City shall make a good faith and reasonable effort to provide a notice of account delinquency and service termination to the service address of pending disconnection of utility service for nonpayment at least seven days prior to disconnection.

D. The notice of account delinquency and service termination shall state that unless all delinquencies are corrected within ten days of the date of the notice, the City will disconnect or discontinue the utility service. The notice of account delinquency and service termination shall further state that, if the customer has questions concerning the account or disputes the amount of the account, they may request a hearing with the Finance Officer whose address and telephone number shall be stated on the notice. The notice of delinquent account shall be in substantially the following form:

NOTICE OF ACCOUNT DELINQUENCY AND SERVICE TERMINATION

DATE OF NOTICE:__________________

SERVICE ADDRESS: _______________

UTILITY SERVICE: _________________

THE CITY UTILITY SERVICE STATED ABOVE WILL BE TERMINATED TEN DAYS FROM THE DATE OF THIS NOTICE, unless all delinquent amounts not disputed are paid. You may make arrangements to pay the undisputed delinquent amount by visiting, phoning or writing:

CITY OF QUINCY

Attention: Finance Department

Phone (509) 787-3523

104 B Street SW

P.O. Box 338

Quincy, WA 98848

This office is open every business day from 9:00 a.m. to 5:00 p.m.

If you have questions or dispute any amounts due, you may request a billing dispute hearing by visiting, phoning, or writing:

FINANCE OFFICER

Phone (509) 787-3523

104 B Street SW

P.O. Box 338

Quincy, WA 98848

This office is open every City business day from 9:00 a.m. to 5:00 p.m. Your request for a hearing must be received by the Finance Officer within five business days of the date of this Notice or your right to a hearing is waived.

NOTE: IF SERVICE IS TERMINATED, A RECONNECTION/REINSTITUTION FEE WILL BE CHARGED.

A collection fee will be charged for delinquent account collection efforts at the service address.

E. The request for a hearing, as provided for in subsection (D) of this section, must be received by the Finance Officer within five business days from the date of the notice of account delinquency and service termination. If the request for a hearing is not timely received by the Finance Officer, then the right to a hearing is waived. Any billing dispute hearing will be held as provided for in Section 3.05.260. (Ord 23-599 §1 (Ex A))

3.05.130 Landlords and sellers to inform tenants and purchasers.

A. Any customer leasing a service address to another or selling any service address where the account for the services address is in a delinquent status, subject to a short-term payment plan, or subject to a deferred payment shall provide a proposed renter or purchaser, at or before the effective date of the rental or close of the sale, with a copy of the most recent combined utility bill. A person failing to make the disclosure required by this subsection is subject to a civil infraction and C-12 fine.

B. Every customer is obligated to make provision for the payment of utility services regularly listed upon the combined utility bill before transferring ownership or occupancy of the service address.

C. The City has a right of action in a court of competent jurisdiction, in addition to any other remedies it may have, for unpaid charges for utility services, including any fees, that accrued on the account when the customer owned the service address. A new owner or occupant of the service address may pay such unpaid charges and fees, and become subrogated to the right of action of the City under this subsection.

D. The Finance Officer may, in their sole discretion, delay termination of services at the service address if a former customer did not make the disclosure required under subsection (A) of this section; provided, that the new customer remains current in the payment of utility services for any charges that accrued on the account after the new customer took ownership or occupancy of the service address. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.110)

3.05.140 Allocation of partial payments.

Whenever any partial payment of a utility billing is received, the amount paid shall be credited to outstanding charges in the following order of priority:

A. Penalties.

B. Taxes.

C. Garbage.

D. Sewer.

E. Water. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.070)

3.05.150 Security deposits for existing customers.

A. The Finance Officer may require any existing customer to make a security deposit to insure payment for utility services, labor, materials, or other items when warranted by such circumstances as the nature of the charged, the amount of the charge, past delinquency, or other evidence of the customer’s inability or unwillingness to promptly pay utility charges owing or to become owing. Unless otherwise provided by subsection (B) of this section, a security deposit will normally be equal to one month of utility services at the service address based upon the average of the immediately preceding two months of utility services at that service address.

B. In the event an account receives a third notice of delinquency during any consecutive twelve-month period, the Finance Officer may further request an additional security deposit be submitted, along with payment or arrangement thereof for the delinquent account. The additional security deposit that will normally be equal to two months of utility services at the service address based upon the average of the immediately preceding six months of utility services at that service address.

C. In the event a customer files a petition for relief under any chapter of the United States Bankruptcy Code, the Finance Officer may require the customer to make a security deposit with the City, as set out in subsection (A) of this section.

D. A security deposit, once established, may be retained by the City until an account is terminated or otherwise discontinued. The City may then, at its option, apply the security deposit to pay any remaining charges on the account. If the account has had twelve consecutive months of timely payment after the payment of a security deposit, the City may, upon request of the customer, apply the security deposit to any charges on the account.

E. Any security deposit required by this section shall not bear interest. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.080)

3.05.160 Deferred payment.

A. If a residential customer is unable to pay the full amount of utility charges because of temporary financial difficulties or other hardship, the customer may submit an application to the Finance Officer to defer payment. The Finance Officer, in their sole discretion, may grant the application to defer payment; provided, that the Finance Officer shall not grant an application to defer payment if:

1. The residential customer’s account is in a delinquent status at the time of the application;

2. The residential customer has been granted two deferred payments during the previous twelve-month period; or

3. The residential customer has previously not made a timely deferred payment in the previous twenty-four-month period.

While the account is in a deferred payment status, it shall not be deemed delinquent and no delinquency fee shall be charged to the residential customer. Any deferred payment must be paid in full by the fifteenth day in the following month in which the original bill was due. If the fifteenth day is a weekend or holiday, the payment must be made the next business day. If the deferred payment is not timely paid, then the account shall be deemed delinquent and the delinquency fees shall immediately begin to accrue.

B. An administrative fee as set by City Council in the rate resolution will be collected at the time the Finance Officer grants the application to defer payment.

C. Nothing in this section shall require the Finance Officer to approve an application to defer payment. (Ord 23-599 §1 (Ex A); Ord 07-209 (2007); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.090)

3.05.170 Short-term payment plan.

A. If a customer is unable to pay the full amount of utility charges to a service address because of an underbilling, and the underbilling is determined to be caused by the City, the Finance Officer, in their sole discretion, may approve a short-term payment plan not to exceed twelve months. An administrative fee as set by City Council in the rate resolution for deferred payment agreements will be collected at the time the short-term payment plan is made with the customer.

B. A customer’s failure to strictly comply with the terms of the short-term payment plan shall be cause for termination of the payment plan. The total amount remaining to be paid on the plan shall immediately become due and owing; provided, that the Finance Officer, or their designee, has provided the customer written notice that the short-term payment plan has been terminated.

C. While the customer is on a short-term payment plan, the customer’s account shall not be deemed delinquent, and no delinquency fee shall be charged to the customer.

D. Nothing in this section shall require the Finance Officer to approve a short-term payment plan. (Ord 23-599 §1 (Ex A))

3.05.180 Utility assistance.

All residential customers have the option of budget billing or an equal payment plan without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied, as provided by RCW 35.21.300(4), as it now appears or is hereafter amended, provided the residential customer maintains a good payment history. The Finance Officer is authorized to adopt procedures to carry out the obligations under this section, and to amend any procedures thereafter adopted. (Ord 23-599 §1 (Ex A))

3.05.190 Forgiveness of exceptional residential water or commercial sewer charges.

A. Upon written application by residential water customer or a commercial sewer customer no later than sixty days after billing thereof by the City, and a finding by the Finance Officer that the subject residential water charges or the commercial sewer charges are exceptionally increased utility charges, the City may forgive exceptionally increased utility charges at that customer’s service address; provided, that the forgiveness shall not be below the applicable minimum utility charge.

B. The Finance Officer may forgive substantially increased utility charges up to a maximum two hundred fifty dollars.

C. The City Council may forgive part or all of substantially increased utility charges that are in excess of two hundred fifty dollars, in such amount the City Council finds is not contrary to the best interests of the City. (Ord 23-599 §1 (Ex A); Ord 15-456 §4; Ord 00-74 §2. Formerly 3.05.095)

3.05.200 Delinquency fee waiver.

A. Finance Officer Authority. A customer may submit an application to the Finance Officer for the City to waive a delinquency fee. The Finance Officer, in their sole discretion, may grant the application to waive a delinquency fee; provided, that the Finance Officer shall not grant an application to waive a delinquency fee if:

1. The customer’s account is in a delinquent status at the time of the application;

2. The customer has been granted a waiver during the previous twenty-four-month period;

3. The delinquency fee is twenty-five dollars or greater; or

4. The customer’s application for a waiver is received by the Finance Officer more than thirty days after the billing where the delinquency fee has been charged to the customer.

B. Report to Committee. The Finance Officer shall, on a monthly basis, provide to the General Government and Finance Committee a list of all applications for waiver of a delinquency fee that have been granted or denied for the previous month. (Ord 23-599 §1 (Ex A))

3.05.210 Collection – Write-off.

A. Collection Agency. The City shall make reasonable attempts to collect all money owing in compliance with City policy and procedure. If such attempts fail and at least sixty days have passed since the original due date, the receivable will be sent to a collection agency or, if applicable, a lien may be placed on the property.

B. Stale Account Receivables. The Finance Officer, upon the Mayor’s approval, may, but is not required to, write-off an account receivable for utility charges that is less than two hundred fifty dollars and the account receivable remains uncollected and no payments or partial payments have been made for at least thirty-six months after the original due date. Any proposed write-off that is two hundred fifty dollars or greater on an account receivable for utility charges must be authorized by a resolution adopted by City Council.

C. Small Account Receivables. The City recognizes that collection efforts by City staff for small account receivables for utility charges is not cost effective. The Finance Officer may, in their sole discretion, write off balances on account receivables for utility charges that are ten dollars or less.

D. Discretionary. Any decisions regarding write-off are discretionary with the City and may consider any variety of factors, including, but not limited to, resources of the City for purposes of attempting collection and aggregate impact of receivables at the time. (Ord 23-599 §1 (Ex A))

3.05.220 Equitable adjustment of rates upon collection of delinquent accounts.

Upon the collection of a delinquent account, the monies shall be deposited into the fund used for the account, and to the extent such adjustment can be made, the City shall adjust the rates of other similar users of the utility service to which the delinquent account was incurred, on an equitable basis attributable to the amount collected. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 00-68 §3, 2000. Formerly 3.05.125)

3.05.230 Termination of utility services.

City utility departments are authorized to discontinue and disconnect utility services to any customer pursuant to the procedures set out in this chapter.

A. Fee. A disconnection/termination fee as set by City Council in the rate resolution shall be charged to the customer to cover the costs, charges and expense to provide discontinuance of utility services.

B. Termination Due to Nonpayment. Prior to termination of utility service because of nonpayment the Finance Officer shall cause the notice of account delinquency and service termination required under Section 3.05.120 to be served. Notice is not required of service termination at the request or with the consent of the customer, necessary for repair, in an emergency, or for any other reason.

C. Termination Due to Water Leak. The maintenance and repair of the water service pipe on the customer side of the water meter setter is the responsibility of the owner of the service address. The maintenance and repair of the sanitary sewer service pipe from the connection to the City’s sewer main to the service address is the responsibility of the owner of the service address. The owner shall keep these water and sewer service pipes in good working order. The City reserves the right to discontinue water service to any service address where the owner refuses to make necessary repairs to avoid the wasting of water. If after reasonable efforts to contact the owner about observable water being lost through leakage, the City at its option may terminate water service and shall post a written notice as to its action and the reason therefor. The owner shall be charged the disconnection/termination fee as stated in the rate resolution adopted by City Council.

D. Nuisance. The termination of utility service to a service address does not derogate from the determination by the City at a later time that the premises are a nuisance, or the City’s ability to abate the nuisance as prescribed by law. (Ord 23-599 §1 (Ex A); Ord 10-284, §2; Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.130)

3.05.240 Voluntary termination/disconnection and connection/reinstitution – Payment required.

A. There shall be a disconnection/termination fee assessed for each voluntary discontinuance of service as stated in the City’s rate resolution; provided, that the disconnection/termination fee shall be double if the Public Works Department is required to make a special trip for a single account. If utility service was discontinued at a time other than a regularly scheduled workday, then the City shall charge the customer the disconnection/termination fee as stated herein, and the actual charges incurred by the City for the City employees or agents to disconnect the service. Voluntary discontinuance of service must be scheduled at least two days in advance and will be done during a regularly scheduled workday except in cases of emergency.

B. There shall be a connection/reinstitution fee assessed for each reconnection as stated in the City’s rate resolution; provided, that the connection/reinstitution fee shall be double if the Public Works Department is required to make a special trip for one account. When utility services have been involuntarily terminated, it will not be resumed until the total amount due for the utility services, including delinquency fees, has been paid in full and all service fees for disconnection/termination and connection/reinstitution have been paid. If service was reinstituted at a time other than a regularly scheduled workday, the total amount due for the utility services shall also include the actual charges incurred by the City for the City employees or agents to reinstitute the service, and such charge must be paid by ten a.m. on the first business day after the after-hour reinstitution. Failure to pay the total amount due for utility services, delinquency fees, and after-hour reinstitution charge will result in immediate termination of service and additional connection/reinstitution fees assessed.

C. For purposes of this section, "regularly scheduled workday" means eight a.m. to three p.m., Monday through Friday excluding holidays. (Ord 23-599 §1 (Ex A))

3.05.250 Appointment of agent for multiple dwelling units.

In cases of hotels, motels, mobile home parks, condominiums, apartment houses, other multiple dwelling unit arrangements, or any other areas whatsoever requiring utility service, the Finance Officer may in their discretion require multiple tenants or property owners to appoint an agent responsible and accountable to the City for making payment for utility services when the Finance Officer deems multiple billings unreliable or inconvenient. Failure of an agent to discharge any duty imposed by this section shall not relieve any property owner or any other person of any legal obligation imposed by this chapter and the City reserves all rights and remedies at contract and law. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.150)

3.05.260 Billing disputes.

A. Meeting. The Finance Officer is empowered to resolve utility billing disputes upon a timely receipt of a request to do so from a customer. Unless otherwise stated in this chapter, utility billing dispute requests are required to be submitted to the Finance Officer within thirty days after the billing where the disputed charge or fee has been billed to the customer. Upon receipt of a utility billing dispute request from the customer, the Finance Officer shall within ten business days meet with the customer to review the utility bill to determine if the amount is justly owed. The customer shall have the right at the meeting to bring forth reasons and evidence why the utility bill or portion of the bill should not be due and owing. The meeting required herein satisfies the hearing requirement of Section 3.05.120.

B. Written Determination. The Finance Office shall issue the customer a written determination of the billing dispute. The written determination shall be issued to the customer no later than five business days after the meeting. The written determination may be provided to the customer by mail or personal service. If the customer is provided the written determination by mail, the date of issuance shall be the date that City deposited the written determination in the mail, postage prepaid. The customer is deemed to have received the written determination three business days after the date of mailing. Any written determination by the Finance Officer regarding an adjustment, if any, to the utility billing is final.

C. Obligation of Payment. Failure to actually receive the written determination shall not relieve the customer of the obligation for payment. (Ord 23-599 §1 (Ex A))

3.05.270 Retroactive effect of chapter.

All accounts in the name of the renter, lessee, or tenant of the property and not in the name of the owner at the time of passage of the ordinance codified in this chapter shall have until the first day of September 1996 to comply with the provisions of this chapter. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.160)

3.05.280 Nonwaiver.

Failure on the part of the City to provide notices to delinquent accounts as set forth in this chapter on the dates set forth shall not constitute a waiver on the part of the City to subsequently provide such notices and effect the remedies provided for in this chapter. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.170)

3.05.290 Remedies not exclusive.

The remedies provided in this chapter are not exclusive, and the City retains the right to such other remedies as it may have at law. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.180)

3.05.300 Attorney’s fee.

In any action brought pursuant to this chapter, the prevailing party shall be entitled, in addition to costs allowed by the court rules, to a reasonable attorney’s fee to be established by the court. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.190)

3.05.310 Severability.

Should any section or any portion thereof of this chapter be found to be invalid, such invalidity shall not affect the remaining sections. (Ord 23-599 §1 (Ex A); Ord 03-118 §2; Ord 96-06 §1. Formerly 3.05.200)