Chapter 3.52
COMBINED UTILITY BILLINGS
Sections:
3.52.030 Responsibility of owner.
3.52.050 Delinquent bills – Notice.
3.52.070 Disconnection of services.
3.52.080 Interest on delinquent bills.
3.52.100 Charges to be lien on real property served.
3.52.110 Creation of accounts – Deposits.
3.52.130 Retroactive effect of chapter.
3.52.140 Failure to give notice.
3.52.150 Remedies not exclusive.
3.52.010 Purpose.
It is the purpose of this chapter to establish and provide for a uniform billing and collection procedure for the city utility services. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 1, 1986)
3.52.020 Definitions.
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
A. “Account” is defined as a record of charges for services provided related to water, sewer and solid-waste utilities.
B. “Combined utility bill” means a bill for water, sewer and solid-waste services or any combination thereof rendered for a specific time period.
C. Delinquent (Past Due) Bill. A bill becomes delinquent 25 days after the date of mailing.
D. “Notice of delinquent account” means a notice to remit payment within 10 days or be subject to shut off.
E. “Shut off” means the discontinuation of water service. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 2, 1986)
3.52.030 Responsibility of owner.
All utility charges will be charged against the property to which the services were furnished and against the owners of the property. Accounts shall be kept in the name of the owner of the property and not in the name of any tenant; and the owner only, or his legally authorized agent, shall be held responsible for payment of utility service charges; provided, that persons holding property under a written lease agreement, upon a written application to the city signed by the owner of the property and the tenant, and where it is more convenient to keep the account in the name of the tenant, may be billed accordingly. The owner shall not be released from the responsibility for payment and must pay in case the agent or tenant refuses or neglects to do so. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 3, 1986)
3.52.040 Payment.
A. Within 25 days of the date of mailing, any combined utility bill not fully paid shall be deemed a delinquent bill.
B. Payment shall be made to the office of the city clerk of the city. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 4, 1986)
3.52.050 Delinquent bills – Notice.
A. All utility bills of the city shall be delinquent if payment therefor is not received by the city on or before the twenty-fifth day after the current-charges date posted on the bill. Such current-charges date shall be stated on the bill with particularity.
B. Upon lapse of a bill into delinquency, the city clerk or his/her designee shall cause a notice of delinquent account to be deposited in the United States Mail, addressed to the consumer at the address of the property serviced or billing address on file.
C. Deposit in the United States Mail pursuant to subsection B of this section shall be deemed full and complete notice to the consumer of the nature and amount of any particular utility billing.
D. The notice of delinquent account shall state that unless all delinquencies are corrected within 10 days of the date of the notice of delinquent account, the city will disconnect or discontinue water service without further notice on or after a date certain to be stated in the notice of delinquent account. The notice of delinquent account shall further state that, if the consumer has questions concerning the amount of the account, he/she may appeal to the city clerk whose address and telephone number shall be stated on the notice of delinquent account.
E. An account which has become delinquent shall be charged a penalty fee set forth in the city council adopted fee resolution, as amended. For the purposes of this subsection, when an account receives a third penalty in a 12-month period, the administrative services director or his/her designee may request a deposit or an additional deposit in accordance with SMC 3.52.110.
F. Failure to receive mail or notices is not a valid reason for failure to pay bills when due.
G. Litigation. In lieu of the above or in addition to the above, the city may commence litigation to obtain a judgment for unpaid bills if necessary. The city shall make reasonable efforts to avoid litigation. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 2003-006; Ord. 487 § 5, 1986)
3.52.060 Dishonored checks.
A fee as established by resolution will be assessed for each check returned by a bank or savings and loan association due to insufficient funds or closed account. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 2005-029 § 2; Ord. 487 § 6, 1986)
3.52.070 Disconnection of services.
A. Should a delinquent account not be paid pursuant to SMC 3.52.050, the city clerk or his/her designee shall immediately cause the water services to be cut off from the premises, and such services shall not be reconnected until all arrears, delinquent charges, service charges and unpaid charges are paid, together with a reconnection fee and deposit pursuant to SMC 3.52.110.
B. Minimum charges for water, sewerage and garbage collections shall be in effect as long as the water meter remains in service, even though the water has been shut off. These charges will only be discontinued if the owner requests the water meter be disconnected and the premises are uninhabited.
C. There shall be a reconnect charge of $50.00 or as set forth in the city council adopted fee resolution, as amended, whichever is the greater, for the resumption of city utility services to properties which have been previously disconnected for nonpayment.
D. After a shut-off notice has been sent by the city, water shall be shut off unless full payment of the account of the premises served is made. Full payment shall include charges for interest and collection costs incurred by the city as set forth in SMC 3.52.090 and 3.52.100. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 7, 1986)
3.52.080 Interest on delinquent bills.
The city shall charge interest on delinquent accounts at the rate of 12 percent per annum or the maximum allowed by law. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 8, 1986)
3.52.090 Collection costs.
Costs incurred by the city in collecting or attempting to collect delinquent accounts shall be chargeable to the premises served and shall be added to the account billed. The charges may include the following:
A. Postage;
B. Attorney’s fees;
C. Secretarial time;
D. Long-distance telephone expenses;
E. Mileage;
F. Costs of service of notices and/or other process;
G. Filing fees and court costs as allowed pursuant to the Rules for Superior Courts of the state. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 9, 1986)
3.52.100 Charges to be lien on real property served.
A. To the extent provided by the laws of the state, the delinquent utility charges shall become a lien upon the real property to which the utility services have been provided. The lien shall include those amounts provided for under the laws of the state.
B. The city may, at the city’s sole discretion, file and record a notice of such lien with the office of the auditor of Clallam County.
C. The lien shall have priority over all other liens and interest in the real property to the extent provided by the laws of the state. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 10, 1986)
3.52.110 Creation of accounts – Deposits.
A. 1. At the time an account is requested and before it is authorized, the administrative services director or designee will require the person requesting services to make a deposit with the city if they are not the property owner or are not on city water. If they are the owner of a property that the city provides with water, they may either make a deposit or present a copy of a verifiable prior utility credit rating or credit score deemed suitable to assure with certainty that the account with the city will not become delinquent. A deposit, if required, will normally be based on 60 days of average residential charges for the unit type for which services are requested.
2. Nothing in this section will prevent the city requiring additional or new deposits when conditions such as chronic delinquencies warrant.
B. A deposit, once established, may be refunded in whole or in part to the person or credited to the account of that person upon receipt by the city of the person’s prior utility credit rating or credit score deemed suitable by the administrative services director or his/her designee; provided, that the property is served by city water and the occupant is the owner of the property. In the absence of such documentation, the deposit may be retained by the city until an account is ordered off or otherwise discontinued. The city may then, at its option, apply such deposit to pay fully any remaining charges on the account. Under no circumstances will any part of the deposit be used as payment for charges until an account has been finalized and all services have been discontinued. If circumstances such as timely payment history warrant, the administrative services director or designee may, by determining that the city is assured with certainty that an account will not become delinquent, release all or part of the deposit to the depositor at his/her request; provided, however, that no such refund will occur for at least 12 months from the time of initial deposit.
C. A deposit may be required on commercial accounts in a manner consistent with the procedure set forth in this section when the administrative services director or designee determines that such deposit is necessary based on utility credit rating and/or payment history. (Ord. 2022-007 § 4 (Exh. B); Ord. 2009-036 § 1; Ord. 2009-018; Ord. 497 § 1, 1986; Ord. 487 § 11, 1986)
3.52.120 Foreclosure of lien.
The city may bring an action to foreclose liens filed under this chapter in the superior court of Clallam County. The action may alternatively request a judgment for damages against the owner of the premises in the amount of arrearages and collection costs and interest as previously set forth in this chapter. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 12, 1986)
3.52.130 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 June, 1986, to comply with the provisions of this chapter. (Ord. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 13, 1986)
3.52.140 Failure to give notice.
Failure on the part of the city to provide notices to the 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. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 14, 1986)
3.52.150 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. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 15, 1986)
3.52.160 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. 2009-036 § 1; Ord. 2009-018; Ord. 487 § 16, 1986)