Chapter 10.10
BILLING AND COLLECTION FOR CITY UTILITIES
Sections:
10.10.025 Tenant request for account.
10.10.040 Averaged or budget payment.
10.10.050 Obligation of landowners (real property owners).
10.10.060 Due date – Delinquency – Penalty.
10.10.070 Delinquency constitutes a lien.
10.10.080 Discontinuance of service not relief from payment.
10.10.100 Water leak adjustment.
10.10.110 Helping others trust fund.
10.10.010 Rates and charges.
City utility rates and charges for city garbage, water, and sewer shall be as follows:
A. Garbage Charges.
1. The customer shall pay the garbage rates and charges as may be adopted from time to time by city council resolution.
B. Water Connection Charges.
1. At the time of making an application for permit, the applicant shall pay a connection charge as established by resolution from time to time.
2. When the connection is to be made in or requires removal and replacement of asphalt, cement, or hard top surface street, there shall be an additional charge consisting of the city’s actual cost for each connection over and above the connection fee required to be paid pursuant to subsection (B)(1) of this section.
3. The connection charge shall be the connection fee required to be paid pursuant to subsection (B)(1) and/or (B)(2) of this section, plus the actual costs of water meter, fittings and appurtenances incurred by the city to make the connection.
C. Water Turn-On Charge – Collection.
1. A turn-on charge, designated by resolution, shall be made for turning on of the water on each premises and, as provided in this chapter, no turn-on shall be made by any person other than the superintendent or his designee.
2. The city clerk/treasurer shall collect the turn-on fee on the next bill, in accordance with RMC 10.10.020.
D. Water Turn-Off Charge – Collection.
1. A turn-off charge, designated by resolution, shall be made for turning off the water on each premises and, as provided in this chapter, no turn-on shall be made by any person other than the superintendent or his designee.
2. The city clerk/treasurer shall collect the turn-off fee on the next bill, in accordance with RMC 10.10.020.
E. Water Rates Designated.
1. Charges for water consumed shall be established by resolution from time to time.
2. Taxes and overage of water used shall be in addition to the base rates established in subsection (E)(1) of this section. Charges for overage of water used shall be as established from time to time by resolution.
3. The city shall charge an indebtedness fee, designated by resolution from time to time, to all property connected to city service, with premises or buildings, residential, commercial, or otherwise, when said premises or buildings are vacant, when service has been terminated for nonpayment or when service is discontinued at the request of the owner.
a. For the purpose of this chapter, the indebtedness fee is that portion of the monthly utility bill that is for repayment of financial obligations of the city for utility improvements, plus applied taxes.
b. The indebtedness fee will be terminated upon receipt of an application, signed by the owner of the property or premises, requesting the abandonment of the service connection.
c. Should reconnection to service be desired, an application for service, signed by the property owner, accompanied by appropriate connection fees, must be submitted to the city.
d. The city’s lien policy shall be in effect on these properties as in all other properties.
4. Bulk water shall be sold at the price designated by resolution from time to time, per 1,000 gallons, only after the issuance of a written permit for such water by the superintendent of water or the city clerk/treasurer. Bulk water sales shall occur through the city bulk water station or through city-owned construction meters or as otherwise specifically designated by the superintendent of water.
5. The city will charge a water start-up fee, designated by resolution from time to time, for all residents requesting temporary shut-off.
6. Water charges at the established rates will be charged against the property from the date on which the water is turned off, per request in writing signed by the owner as provided in this chapter.
7. All construction water will be charged to the property at the going rate set by resolution from time to time. A meter will be provided by the water department and will be read during the regular utility billing cycle.
F. Sewer Rates.
1. Charges for sewer service provided by the city shall be established by resolution from time to time.
2 Taxes and overage of water used shall be in addition to the base rates established in subsection (F)(1) of this section. Charges for overage of water used shall be as established from time to time by resolution.
3. The city shall charge an indebtedness fee, designated by resolution from time to time, to all property connected to city service, with premises or buildings, residential, commercial, or otherwise, when said premises or buildings are vacant, when service has been terminated for nonpayment or when service is discontinued at the request of the owner.
a. For the purpose of this chapter, the indebtedness fee is that portion of the monthly utility bill that is for repayment of financial obligations of the city for utility improvements, plus applied taxes.
b. The indebtedness fee will be terminated upon receipt of an application, signed by the owner of the property or premises, requesting the abandonment of the service connection.
c. Should reconnection to service be desired, an application for service, signed by the property owner, accompanied by appropriate connection fees, must be submitted to the city.
d. The city’s lien policy shall be in effect on these properties as in all other properties.
G. Administrative Fees. The following utility administrative fees shall be collected in such amount as may be established from time to time by city council resolution:
1. Open account fee – at the time initial services are requested.
2. Close account fee – at the time of request for discontinuance of service.
3. Change of account fee – at the time of request for a change of service.
4. Additional service fixture fee at the time of request for an additional service fixture.
5. NSF fee – at any time a check or other payment is not honored by the bank as a result of insufficient funds or other reasons. Customers receiving an NSF fee charge may be required to make future payments by cash or money order.
6. Nonresidents – All utilities supplied to customers outside the city limits shall have a 50 percent surcharge.
7. Sewer inspection fee – for the inspection of a new sewer connection. (Ord. 2053 § 2, 2011; Ord. 1078 § 2, 2004; Ord. 974 § 2, 1998).
10.10.020 Person billed.
Application for the use of water, sewer and garbage services must be made by the owner, owner’s agent and any tenant of the property on or for which the water is to be used and on the form supplied by the clerk/treasurer’s office. Any person, except the Wheat Land Community Fair, within the city limits of Ritzville shall be required to use the city water, city sewer and city garbage as the sole and exclusive source for any usage. All property which shall have a metered connection to the city water system shall be deemed to have sewer service available unless it shall be shown to the satisfaction of the city council that there is no sewer service within a reasonable distance of the property, in which case the city council may, by resolution, order the property exempt from any sewer service charge until such time as sewer service shall be made available. The application must state fully and truly all purposes for which the utilities may be required and must bind the applicant to conform to all legal requirements as a condition for the use of the utilities. No person or persons supplied with utilities will be entitled to use it for any other purpose than for that which they have applied and not to supply, in any way, other persons or families. An application will be filled out and an administrative fee, as may be adopted by the city council from time to time, shall be paid: (A) at the time initial services are needed; (B) if there is a request for a change of service; (C) if there is a request for an additional service fixture; or (D) upon the discontinuance of service. Any utility user who pays charges by way of a warrant system and accounts whose users have become deceased will be exempt from penalties charged on delinquent utility bills. If a party requests the use of utilities for purposes other than those made in the original application, a new application must be made to the clerk/treasurer. In the event of a meter failing to register properly, the user shall be charged an estimate of the consumption from whatever may be considered the most reliable data or method available. The obligation for payment shall be the responsibility of the real property owner. Once prepared, the utility bill shall delivered to the customer, by depositing it in the United States mail, addressed to the address shown on the application for utility service submitted or upon any change of address submitted by the consumer or the post office to the city. (Ord. 2099 § 1, 2016; Ord. 2002 § 5, 2006; Ord. 1085 § 7, 2004; Ord. 1078 § 2, 2004; Ord. 974 § 2, 1998).
10.10.025 Tenant request for account.
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 written notice to the service address of pending disconnection of water service for nonpayment prior to disconnection. The purpose of this notice is to provide any affected tenant an opportunity to resolve the delinquency with his or her landlord or to arrange for continued service. If requested, the city shall provide water services to an affected tenant on the same terms and conditions as other residential utility customers, without requiring the tenant to pay delinquent amounts for services billed directly to the property owner or a previous tenant except as otherwise allowed by law and only where the city or town offers the opportunity for the affected tenant to set up a reasonable payment plan for the delinquent amounts legally due. (Ord. 2099 § 1, 2016).
10.10.030 Deposits.
Delivery of utilities to residential or commercial accounts after the effective date of the ordinance codified in this chapter will only be made after a deposit of $300.00 has been made. An existing account shall not be required to make the deposit if the account has at least a 12-month history of no delinquencies in the event of a change in account location. Deposits will not be required if the person has proof of no previous delinquencies from their past water, sewer, and garbage utilities at the time of filling out the application for utility service. Deposits will be available for return to account customers in 12 months if the account has not been delinquent for the continuous 12 months, or the account is fully paid and service terminated. The customer collects the deposit after all conditions are met. Deposits will be applied upon existing account balances solely at the discretion of the city. (Ord. 2099 § 1, 2016; Ord. 1078 § 2, 2004; Ord. 974 § 2, 1998).
10.10.040 Averaged or budget payment.
If a consumer desires to pay utility charges upon an annual average basis rather than a monthly basis, the clerk/treasurer, or a designee, may permit the consumer to make averaged payments, with at least one annual adjustment so that the amount paid on an annual basis shall reflect the actual charges incurred. An averaged bill account will not incur these charges as long as they are truly not delinquent. If they become delinquent by 45 days past the billing date, they are no longer considered an averaged bill account. All delinquency charges will apply at this time. The consumer that was an averaged bill account is not allowed to apply for an averaged or budget billing account again until six months of current bill paying. (Ord. 1078 § 2, 2004; Ord. 974 § 2, 1998).
10.10.050 Obligation of landowners (real property owners).
The owner of the real property upon which the utilities furnished by the city is used is liable for utility charges made by the city. The utilities will be discontinued if there is no payment in full. The utilities shall not be restored until all charges, penalties and fees have been paid for all utilities. If a bill becomes delinquent, no officer, agent, or employee of the city may authorize or permit any further city service, or process any application for a permit from the city, at the request of the person in whose name an account stands delinquent, until such time as the delinquent account is paid in full. The city shall have all of those powers for collection of delinquent accounts as stated in RCW 35.21.290, 35.21.300 and 35.67.200, and all revisions to RCWs that would affect this chapter. These procedures shall apply to all utility services provided by the city: water, sewer, and garbage, as applicable. Every landowner (real property owner) or seller is obligated to make provision for the payment of charges listed upon the city utility bill before transferring ownership or occupancy. Violations are subject to a civil penalty of $50.00 in addition to all other charges. (Ord. 1078 § 2, 2004; Ord. 984 § 3, 1999; Ord. 974 § 2, 1998).
10.10.060 Due date – Delinquency – Penalty.
Any utility user who has left the premises in the city of Ritzville in which their water account is delinquent shall not be entitled to receive water service at another location within the city of Ritzville without having first cured said delinquency.
All penalties paid on delinquent utility bills shall be deposited to the water fund.
The city will bill for all utilities by the fifteenth of each month for the prior month’s usage. Any accounts not paid by the twenty-sixth day of the following month shall be considered delinquent and receive a shut-off notice. Notice shall be mailed to both the actual service address and the owner’s address. If an account is not paid by the fifth of the following billing month, the utility service will be terminated. The shut-off notice will say:
NOTICE: Your services will be terminated unless amounts not disputed are paid. If you dispute any amounts due, you may request an informal dispute hearing by visiting, phoning, 509-659-1930, or writing the clerk/treasurer at 216 E Main Avenue, Ritzville, WA 99169. This office is open every business day from 8:00 a.m. to 5:00 p.m. To avoid service termination, your request for a hearing must be received by the clerk/treasurer within five business days from receipt of this notice. An additional charge will be made before utility service will be continued. This may result in a lien on the real property.
Clerk/Treasurer.
The notice will be mailed. A hearing date and time during the business day will be given the customer before the clerk/treasurer and public works director within five working days after notification from the customer. A decision with respect to the dispute shall be made within 24 hours after the hearing date. The customer will receive written notice of the hearing decision. The clerk/treasurer and public works director will not have authority over rates. Rate disputes must be brought by the customer before council for resolution. If the customer is not satisfied with the decision of the clerk/treasurer and public works director, they may proceed to a hearing by the city of Ritzville public works council committee. Written notice must be received from the customer within five days after receipt of decision. The public works council committee must meet within seven working days of written notification from the customer. Their decision will be final. The clerk/treasurer or authorized agent are authorized to excuse a penalty charge of a utility bill based upon unavoidable circumstances beyond the control of the customer. The determination by the clerk/treasurer as to whether or not to excuse penalties shall be final. Payments will first be applied to the oldest delinquent charges in this order: other fees, administrative charges, penalties; utility taxes, garbage, sewer, then water. Remaining funds will be charged in this order: administrative fee, utility taxes, garbage, sewer, then water. (Ord. 2161 § 1, 2022; Ord. 2099 § 1, 2016; Ord. 1078 § 2, 2004; Ord. 988 § 3, 1999).
10.10.070 Delinquency constitutes a lien.
All charges for water service installation and sewer installations and all monthly service rates provided for in this title, together with penalties, administrative fees, and interest thereon, when unpaid and delinquent, shall be a lien upon the property to which the water or sewer service is rendered superior to all other liens and encumbrances whatsoever except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law. (Ord. 1078 § 2, 2004; Ord. 974 § 2, 1998).
10.10.080 Discontinuance of service not relief from payment.
Discontinuance of service for any cause stated in this chapter shall not release the customer from their obligation to the city for payment of bills or charges. In addition, before water service is restored to such property, the customer will be subject to the water turn-on fee as described in the fee resolution. (Ord. 1078 § 2, 2004; Ord. 974 § 2, 1998).
10.10.090 Monthly billing.
All charges for water services, sewer services, and garbage services shall be billed to the customer by the city on a monthly billing cycle. Actual water consumption will be charged from March to October. The water services of utility bills from October to March will be estimated based on past consumption. Once prepared, the utility bill shall be delivered to the customer by depositing it in the United States mail, addressed to the address shown on the application for utility service submitted or upon any change of address submitted by the consumer or the post office to the city or upon request emailed to the customer. All charges for service will be from the first of the month to the last day of the month and billed by the fifteenth of the following month. All bills shall be paid to the clerk/treasurer’s office. The amount billed for each of the utilities, penalties, and other fees will be set by a fee resolution passed by the council yearly during the budget process. (Ord. 2161 § 1, 2022; Ord. 1078 § 2, 2004; Ord. 974 § 2, 1998).
10.10.100 Water leak adjustment.
A. When excessive meter registration is caused by broken or leaking water service pipes within or abutting upon the premises without the knowledge of the customer, one adjustment may be made upon written notification to the city clerk’s office during a 12-month period and after repairs have been made. The basis for adjustment shall be the normal consumption under similar operating conditions.
B. The public works department may discontinue service to any premises if the owner or occupant refuses to make repairs necessary to avoid waste of water. If the resident is not at home and it is observable that water is being lost through leakage, the department at its option may terminate water service and shall leave written notice as to its action and the reason therefor. (Ord. 988 § 4, 1999).
10.10.110 Helping others trust fund.
A. This section authorizes the clerk/treasurer or designee to accept donations to be placed in a separate trust fund, fund 608 helping others trust fund, to help those in need to pay their city of Ritzville utility bills. Donations will be accepted from all sources. Donations will be solicited through the utility bill. The bill will have a box to designate an amount that is included in the check above the amount due to go towards donations.
B. A committee will be appointed by the mayor and approved by council to oversee the application and distribution of donated funds from fund 608. The committee will define “those in need” subject to approval of city council. The committee will be directly responsible to the mayor and will supply information by the twenty-fifth of the month to the clerk/treasurer on what accounts donations will be used and how much. (Ord. 996 §§ 2, 3, 1999; Ord. 989 § 2, 1999).