Chapter 8.46
WATER AND SEWER SYSTEM BILLING AND COLLECTION
Sections:
8.46.010 Purpose.
The city has established a water utility code in Chapter 8.38 RIMC, and a sewer utility code at Chapter 8.42 RIMC. The purpose of this chapter is to adopt policies and procedures regarding the billing and collection of the water and sewer utility service charges in the city. Until the city establishes the proposed sewer system in the city, this chapter shall address only water system utilities. If and when the city establishes the proposed sewer system in the city, this chapter shall apply to both water and sewer utilities as set forth herein. (Ord. 11-114 § 1).
8.46.020 Billing for water and sewer service rates and charges – Notice of lien – Application of partial payments – Termination for violations.
A. All rates, charges, and/or fees for water and sewer utility services shall be separately established by the city council from time to time by resolution. Charges for all water and sewer utility services shall be consolidated on a single billing statement for each service customer.
B. All bills containing water and/or sewer service charges shall be mailed on the first through fifth day of the month for the previous month serviced. All billings for water and/or sewer utility services shall be due and payable in full at the office of the city clerk prior to the closing time of City Hall on the twentieth day of the month in which the bill is received. If the twentieth day of the month falls on a weekend or holiday, the utility services bill shall be due the next business day by 9:00 a.m. If not timely paid in full, any such account shall thereupon become delinquent.
C. If no timely payment in full of water and/or sewer charges is made as set forth in this chapter and the owner or tenant’s account thus becomes delinquent, the city clerk or duly authorized representative shall mail to the owner and occupant/tenant of the property, if different (hereinafter collectively the “customer”), a notice in writing, postage prepaid, to the last known address of such customer stating that, if such delinquent water and/or sewer charges are not paid within 10 days of mailing or service of the notice, water service to the property may be terminated in accordance with RCW 35.21.300, as presently enacted or hereafter amended, and the city shall have a lien against the property in accordance with RCW 35.21.290, as presently enacted or hereafter amended, and such a lien shall be superior to all other liens or encumbrances except those for general taxes and special assessments. The notice of service termination shall advise the customer that, if the customer disputes the charges alleged to be owed and/or past due, the customer may appeal the charges prior to service termination by requesting an informal hearing before the mayor, or in the absence of the mayor, the mayor pro tempore. Any such informal appeal hearing request by a customer shall be in writing and provided by the customer to the city clerk’s office prior to the scheduled date of water service termination. Any informal hearing on the appeal must be scheduled to occur within 10 days of the date of receipt of the written appeal by the city clerk’s office. The mayor’s decision following the informal hearing shall be issued, in writing, no later than five days following the hearing. During the pendency of the appeal hearing proceedings, the customer shall continue to receive water and sewer service to the property. Failure to appeal or request a hearing prior to service termination will result in the loss of any ability to appeal the charges, and any reconnection of service will require payment of all applicable charges as set forth by city resolution. Failure to appeal the mayor’s decision following the hearing to the Douglas County superior court within 10 days of the date of issuance of the appeal hearing decision shall render the decision final and binding on the customer, and the city may terminate the water service without further notice to the customer unless the customer has made payment, in full, of the delinquent charges.
D. Following the expiration of 10 days from the date of mailing the notice of delinquency, if the past due charges remain unpaid and no appeal hearing has been scheduled, the city clerk or duly authorized representative shall personally deliver to and post on the property a notice of imminent service termination, which notice shall advise the customer that service will be terminated within 48 hours of delivery of the notice if the past due charges remain unpaid. The notice shall advise the customer that the time period to appeal the past due charges has expired, such that payment, in full, of the past due charges is required to prevent service termination.
E. Owners of leased property served by the utilities furnished by the city are liable for payment of the cost of any utilities furnished by the city to such property, whether such utility service is furnished upon the application and request of the owner or the tenant or other occupant of the property. The owner of any leased property, or the owner’s agent if leasing through an agent, shall be notified of the delinquency of the tenant/occupant of the leased property in the same manner as notice is provided to the tenant/occupant and at the same time of notice to the tenant/occupant.
F. The tenant or occupant of any leased property shall be notified of an owner’s delinquency, as set forth in this section, which may result in termination of service to the tenant/occupant’s property. To prevent termination of service due to the owner’s delinquency, the tenant or occupant shall be permitted to make payment on account of the owner for the current period service charges to prevent service termination. In the event the owner is in arrears in excess of the charges for the current service period, the tenant or occupant shall not be required to pay the full arrearage owed by the owner to prevent service termination, but shall only be required to pay for the current service period, and each subsequent period as services are consumed. The tenant or occupant may appeal any notice of the termination due to the owner’s delinquency using the procedures set forth above in this section.
G. In lieu of any notice by mail required in this section, notice may be personally delivered to the customer. Failure to receive mail properly addressed to such owner or tenant/occupant shall not be a valid defense for failure to pay such delinquent charges. Any change in ownership of property or change in mailing address must be properly filed in writing with the office of the city clerk within 15 days after such change of status.
H. Any individual that mails and/or hand delivers the notice shall complete a declaration of service for each notice mailed or delivered. The declaration shall indicate the date the notice was mailed or delivered, the means of service used, the address where service was made, and the identity (name) of the individual making such service. The declaration shall be signed by the individual mailing or delivering the notice under penalty of perjury.
I. All partial payments shall be applied first to interest, penalties, and attorneys’ fees, next to capital system charges, next to sewer fees and charges owing, and next to water fees and charges owing.
J. The city may also terminate service for violation of the provisions of this title that do not relate to a utility account delinquency by the owner or the occupant. Termination of service for any such violation of this chapter shall not constitute an election of remedies by the city and the city may proceed to prosecute the owner or occupant for a civil infraction, in addition to such termination. Termination for a violation of this chapter shall be subject to the following procedures:
1. In the event the city superintendent determines that service must be immediately terminated to protect the public health or to prevent imminent damage to persons or property, no advance notice need be given to the owner or occupant of the property. The occupant shall be provided with written notice of termination at the time of service termination, which notice shall be copied to the owner of the property (if different) by mail, and shall set forth the basis for the termination, the curative action necessary to restore utility services, and notice of an opportunity for a post termination appeal hearing before the mayor, which appeal shall be governed by the procedures set forth in subsection C of this section;
2. In the event the owner of property has committed a violation of this chapter, other than a utility account delinquency, that may result in termination of service to property that the city has actual knowledge is occupied by a tenant or other occupant that is not an owner of the property, the tenant or occupant shall be given written notice no less than 10 days before the date and time of termination, which notice shall be posted or affixed in a conspicuous place on the property and mailed to the tenant or occupant, postage prepaid, to the tenant or occupant’s last known address. A duplicate notice shall be mailed to the owner of the property, postage prepaid. The notice shall set forth the basis for the termination, the curative action necessary to restore utility services, and notice of an opportunity to appeal the termination prior to termination by filing an appeal with the city clerk for a hearing before the mayor or filing an action for an injunction in the Douglas County superior court against the owner of the property to prevent the termination. Any appeal hearing before the mayor shall be governed by the procedures set forth in subsection C of this section;
3. In all other cases, the owner and/or tenant/occupant shall be given written notice no less than 72 hours before the date and time of termination, which notice shall be posted or affixed in a conspicuous place on the property. The notice shall set forth the basis for the termination, the curative action necessary to restore utility services, and notice of an opportunity to make a written appeal of the termination decision prior to termination, which appeal shall be governed by the procedures set forth in subsection C of this section. (Ord. 22-208 § 1; Ord. 15-136 § 1; Ord. 13-129 § 1; Ord. 13-125 § 2; Ord. 11-114 § 1).
8.46.030 Alternate remedies.
The remedies set forth in RIMC 8.46.020 are not meant to be exclusive and the city may use any alternate method of collecting delinquent charges that is available under common law or state law. (Ord. 13-125 § 2; Ord. 11-114 § 1).