Chapter 13.04
UTILITY SERVICE BILLING*
Sections:
13.04.010 Utility service billing administration.
13.04.030 Charges and payment procedures set by ordinance.
13.04.040 Accounts kept for service and charges.
13.04.060 Bookkeeping and recordkeeping.
13.04.070 Rules and regulations – Generally.
13.04.080 Payment of bill – Enforcement.
13.04.090 Disconnection – Conditions for reconnection.
13.04.110 Voluntary discontinuance.
13.04.120 Payment responsibility.
13.04.140 Low income senior citizen discount.
*Prior legislation: Ords. 235, 304, 435 and 747-00.
13.04.010 Utility service billing administration.
The finance department shall be responsible for billing all utility services and the administration and enforcement of utility accounts. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.020 Definitions.
The words and phrases set out in this section are defined as follows:
A. “City” means the city of Sultan, Washington, or its agent/representative.
B. “Combined utility billing” means the city will render a “combined utility service billing” consisting of a bill for water, sewer, solid waste, recycling, stormwater and/or other utility services provided by the city. Capital improvement charges, meter charges, or other utility related charges may be included in the combined utility billing.
C. “Low income senior citizen” means persons 62 years of age or older, on or before January 31st of the year of the filing for the discount. Low income is based on 125 percent of the federal poverty guidelines.
D. “Base rate” means the minimum monthly charge for water/sewer service.
E. “Commercial service” means utility service provided to a business, industry, school or public agency or any other user that is not a single-residential user.
F. “Charge” means the fee assessed against a property for the construction of water or sewer service pipe, valve box, and water meter from a designated city main to the property line of the assessed property.
G. “Customer water line” means the pipe, valve and fittings leading from the meter into the premises served.
H. “Multifamily” includes apartments with three or more units, mobile home parks and any other residential structure wherein more than one unit is connected to a single water meter.
I. “Multi-unit commercial” includes all businesses, industries, schools, public agencies, churches or other water users that are not residential or multifamily, wherein more than one unit is connected to a single water meter.
J. “Occupant” means the owner, purchaser, tenant, developer or lessee who resides on property served by the city utilities.
K. “Owner” means a person, business, or corporation with an ownership interest in property as shown on the records of the Snohomish County auditor.
L. “Residential unit service” means utility services provided by the city to an individual single-family home. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.030 Charges and payment procedures set by ordinance.
The amount of utility fees, charges and cost of service provided by the utility departments and the manner and time of payment thereof shall be established by ordinance of the city council from time to time as such body deems proper. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.040 Accounts kept for service and charges.
All accounts for utility service and charges shall be kept in the name of the owner of the property so served or charged. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.050 Payment allocation.
All payments on a combined utility billing shall be applied in the following order: (A) prior balances, (B) fees or penalties, (C) utility taxes, (D) stormwater charges, (E) solid waste charges, (F) recycling charges, (G) sewer charges, and (H) water charges. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.060 Bookkeeping and recordkeeping.
The finance department shall keep all necessary utility department books and records and send out such bills and statements as the city council prescribes by resolution. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.070 Rules and regulations – Generally.
The rules and regulations set out in SMC 13.04.080 through 13.04.140 shall apply in the operation of all utility services. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.080 Payment of bill – Enforcement.
A. All utility charges assessed by the city shall be due and payable on the fifteenth day after the city issues its statement for service by mailing a bill to the owner of the premises served.
B. All payments not made on or before said date are delinquent and are declared to constitute a lien against the premises served, as provided by state law.
C. If payments are not made within 30 days after mailing of the bills, the finance director or representative, upon giving 10 days’ written notice to the owner and/or occupant of the premises, shall notify the public works department to disconnect the utility service to the premises until such time as all delinquent bills and service charges have been paid in full.
D. Payments not made within 30 days of disconnection may be referred to a collection agency in accordance with Chapter 3.76 SMC. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.090 Disconnection – Conditions for reconnection.
A. In the event that the public works director or representative shuts off utility service for reasons of a delinquent account, a disconnection charge shall be assessed and shall become a lien against the premises.
B. All fees imposed are exclusive of any utility tax imposed on the city.
C. No utility service shall be restored until such time as all delinquent bills and assessments provided for herein have been paid in full or satisfactory arrangements, at the discretion of the finance director or representative, have been made. Utility service restored after normal working hours of the public works department shall be subject to additional charges.
D. All disconnection charges and related charges shall be established by resolution.
E. Late Payment Charge. Monthly payments for service under this chapter shall be due 15 days after the city issues its statement for services. In the event payment is not made by the due date, a late payment charge shall be automatically added to defray the city’s increased cost of collection in the amount of the greater of five percent of the payment due under this chapter or $5.00. This late payment charge shall be in addition to any other late payment charge due under any other chapter under the Sultan Municipal Code.
F. Security Deposit. Where a person or entity receiving service under this chapter has been late in the payment of services under this chapter twice in any six-month period of time or where a person or entity files for creditor relief under either state or federal law and there are charges due the city that are unpaid under this chapter, the city treasurer may require the person or entity to post a security deposit in an amount up to twice the amount due the city as a condition of receiving continued service from the city under this chapter. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.100 Disputed accounts.
In the event of a disputed account, the owner of the premises must tender the base rate charged per month and if such tender is received by the city prior to the utility service being disconnected, the city shall not refuse service to the premises. Upon resolution of the dispute, any outstanding balance will be due and payable in full. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.110 Voluntary discontinuance.
A. Should any customer desire to voluntarily discontinue the use of utility service(s) for a period of more than one month, a written request must be submitted to the city utility clerk and payment of all water charges then accrued must be paid in addition to the turn-off fee.
B. Utility service shall be resumed upon request and payment of the turn-on fee.
C. Remission of utility charges shall not be made for a period of less than one month, nor without the notice provided for herein.
D. The city will not discontinue utility service at the request of a landlord if it appears that the premises are occupied, and the utility turnoff is being used in a landlord/tenant dispute. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.120 Payment responsibility.
A. All utility accounts shall be kept in the name of the owner of the premises for which the service is provided, and the owner shall be held responsible for water charges and assessments accruing at the premises owned by them.
B. The city will bill all accounts to the owner of the property to which utility services are being provided unless the following arrangement is made for the tenant to be billed for utility services:
1. The owner or his agent shall sign a contract, provided by the city, which authorizes the city to bill said tenant for utility services and which makes the property owner responsible for the utility charges accrued. The property shall be subject to utility charge lien if the tenant allows that account to become delinquent.
2. Upon application, owner or agent shall submit applicable processing fee and must pay all accrued utility charges to date.
3. No tenants of multiple-dwelling units will be billed separately if the account is on one meter. The owner may, at their expense, install city meters to each unit if separate billing is desired.
C. Should said tenant become delinquent for three consecutive months, the utility account will be put back into the property owner’s name and owner shall have responsibility to pay all charges and fees accrued on account.
D. Discontinuance of service for any cause stated herein shall not release the owner from his obligation for payment of delinquent bills and charges.
E. All applicable utility services shall be mandatory wherein a residential or commercial property is occupied. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.130 Inspection rights.
The city or its agent shall have the right to enter on any property for the purpose of inspecting, maintaining, repairing or replacing any utility lines, fixtures or appurtenances thereto which are located on said property. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)
13.04.140 Low income senior citizen discount.
The rate established for senior citizens is restricted to single family residences with a single water meter per unit primarily occupied by a senior citizen.
To qualify for a low income senior citizens discount the persons must be 62 years of age or older and have an annual income within the qualifying limits as stated on senior discount application form. Low income guidelines are set as 125 percent of the federal poverty guidelines. Discount is restricted to minimum residential meter size. (Ord. 1259-17 § 2; Ord. 1243-16 § 2)