Chapter 13.50
ENFORCEMENT, PENALTIES AND SANCTIONS
Sections:
13.50.010 Authority and enforcement.
13.50.020 Attachment of customer’s property.
13.50.040 Sanctions authorized.
13.50.050 Sanctions guidelines.
13.50.060 Extenuating circumstances.
13.50.010 Authority and enforcement.
The Utility Department is hereby authorized by the Board to collect established fees for service and to impose sanctions and penalties for nonpayment. The Utility Department shall enforce its regulations, fee collections and provisions of this title by shutting off water service of any and all violators and delinquent bill payers or imposing other penalties and sanctions as authorized. [Res. 2016-164; Ord. 76 § 10.01, 12-6-2004 (Res. 2004-467)].
13.50.020 Attachment of customer’s property.
The Utility Department shall not seek to attach customer property, nor seek to have fines assessed by the court of competent jurisdiction, except in limited cases of blatant or continued abuses or destruction of property. [Res. 2016-164; Ord. 76 § 10.02, 12-6-2004 (Res. 2004-467)].
13.50.030 Penalty schedule.
The Utility Department shall develop and adopt a penalty schedule which outlines specific penalties, fines and assessments for violation and noncompliance with the provisions of this title. The penalty schedule shall be reviewed for appropriateness annually by the Utility Department. [Res. 2016-164; Ord. 76 § 10.03, 12-6-2004 (Res. 2004-467)].
13.50.040 Sanctions authorized.
The following sanctions may be imposed by the Utility Department for failure of the customer to comply with any provisions of this title or with any duly adopted regulation of the Utility Department:
(1) Termination of service(s);
(2) Assessment of penalties based on a penalty schedule adopted by regulation of the Utility Department;
(3) Assessment of late charges based on a schedule adopted by regulation of the Utility Department;
(4) Assessment of damages resulting from the customer’s noncompliance;
(5) Forfeiture of all or part of a deposit;
(6) Filing of a lien against the customer’s property after the account is declared delinquent;
(7) Enforcing a lien by seeking a judgment, and satisfaction from the customer’s property, from a court of competent jurisdiction;
(8) Filing a damages suit in a court of competent jurisdiction;
(9) Sending the account to collections with an additional collections fee included; and
(10) Referring violations that may involve criminal conduct to the police or prosecutor. [Res. 2016-164; Ord. 76 § 10.04, 12-6-2004 (Res. 2004-467)].
13.50.050 Sanctions guidelines.
The Utility Department shall use the following guidelines when considering the appropriate sanctions to be imposed in any given case:
(1) Whether the sanction is required by this title or other applicable law, or whether imposition is discretionary;
(2) The minimum sanction needed to effect compliance;
(3) The irreparable harm to the customer and/or family if the sanction is imposed;
(4) The irreparable harm to operation of the Utility, and to the Tribes, if the sanction is not imposed;
(5) The customer’s past record of compliance or noncompliance, or good faith efforts to achieve compliance;
(6) The customer’s statement or behavior indicating the likely success of a given sanction securing compliance;
(7) The irreparable harm to other persons or property if the sanction is not imposed; and
(8) The effectiveness of similar sanctions in securing compliance in other cases. [Res. 2016-164; Ord. 76 § 10.05, 12-6-2004 (Res. 2004-467)].
13.50.060 Extenuating circumstances.
The Utility Department is authorized to work with a customer who has extenuating circumstances for medical reasons to maintain the services until a satisfactory resolution is reached. [Res. 2016-164].
13.50.070 Disconnect notices.
Disconnect notices will be mailed and served at the service address no sooner than after the 10-day grace period after payment is due.
A charge for disconnecting the service and reconnecting the service will apply according to established schedules. Disconnection will occur following the due date on the disconnect notice unless:
(1) The delinquent payment has been received at the Utility Department office by the due date.
(2) A payback agreement has been reached.
(3) The customer has grieved an action. [Res. 2016-164].