Chapter 13.105
UTILITY RATES AND BILLING PROCEDURE*
Sections:
13.105.010 Establishing of rates—Review.
13.105.020 Rate information.
13.105.030 Billing.
13.105.035 Enterprise funds.
13.105.040 Responsibility for billing.
13.105.045 Application of payments.
13.105.050 Minimum monthly charge.
13.105.060 Proration.
13.105.070 Meter reading.
13.105.090 Multiple real property ownership.
13.105.100 Adjustment of utility bills.
13.105.110 Lien on property for delinquent accounts.
13.105.120 Termination of water service.
* Prior ordinance history: Ords. 95-769, 98-003, 98-008 and 99-025.
13.105.010 Establishing of rates—Review.
The city shall establish the rates to be charged for each utility. The city staff shall review the utility rates on an annual basis and submit recommendations to city council. Recommendations shall be reviewed and the rate may be amended by the city council on all utility rates to allow for inflation, change costs or any other lawful consideration if it deems advisable. (Ord. 00-028 § 4 (part), 2000)
13.105.020 Rate information.
Rates and connection charges and systems development charges shall be kept on file by the city treasurer/finance director at City Hall and made available to the public upon request. (Ord. 02-009 § 66, 2002: Ord. 00-028 § 4 (part), 2000)
13.105.030 Billing.
A. All utility bills for water, sewage, county sewage and drainage shall be rendered monthly and shall be called city utilities in this title. The city shall charge a service fee, set by resolution, for setting up each utility account when it is established and when changed from time to time.
B. All utility bills are due and payable within twenty-one days of billing. If payment is not received in a timely manner, the unpaid bill shall become delinquent and a termination notice shall be given, informing the customer that termination of service shall occur no sooner than ten days from the date of mailing of the notice of termination of service. Water service may be terminated when any portion of the utility bill is unpaid and delinquent. A late charge shall be levied against any customer who becomes delinquent, which shall be ten percent of the delinquent amount but not less than ten dollars. A delinquent balance may bear interest as allowed by state law in an amount set by the city council.
C. A notice of hearing shall be included on the termination notice given to the customer, as required by BGMC 13.105.120. In those cases where billing is sent to an occupant not a property owner, termination notice shall be sent to the property owner as well as the tenant. If a hearing is requested by the utility customer within five business days of mailing of the notice, the hearing shall be arranged in accordance with BGMC 13.105.120. Service shall not be terminated until after the date of any hearing. A service charge as set by resolution shall be levied for termination notices which must be paid, prior to reconnection.
D. Utility services will not be made available to any person or property for which delinquent payments are owed until said payments are made or arrangements satisfactory to the city are documented in writing.
E. If only sewer service is provided to a customer, the service may be terminated if notice of termination is given as provided above in this section and notice of hearing is given as provided, upon breach of ordinance or agreement. (Ord. 03-004 § 1, 2003; Ord. 00-028 § 4 (part), 2000)
13.105.035 Enterprise funds.
A separate special fund shall be maintained for each utility and designated as an “enterprise fund” for each of said utilities. Such utilities consist of water, sewer, drainage and street lighting. (Ord. 00-028 § 4 (part), 2000)
13.105.040 Responsibility for billing.
All utility bills, including water, sewer, county sewer and street light utility and drainage billings, shall be the responsibility of the property owner for purposes of liens which may be assessed by the city of Battle Ground as provided in this chapter. However, utility billings may be sent to the tenants or residents of commercial or residential property under the following conditions:
A. Upon the request of the owner of the real property, billing may be sent to the tenant or to an agent of the owner; provided, that a current address of the owner of real property is maintained with the city of Battle Ground, which is the responsibility of the owner, and any changes in the residents or tenants of the property are made known to the city by the owner.
B. Such billing, once sent to the tenant or agent, will become the responsibility of the tenant or agent as well as the property owner, and each can be held jointly and severally liable for such billing.
C. The owner and tenant, or agent, shall sign an application form, giving their consents for the utility service to be billed as provided in this section, and giving the address of each. A copy of such form shall be provided to both the owner of the real property and the tenant or resident of the real property, and such form shall also contain notification of the right of hearing on termination of utilities. (Ord. 00-028 § 4 (part), 2000)
13.105.045 Application of payments.
Payments, when received, shall be applied by date in the following sequence: penalties, interest, fees, street lighting, drainage, county sewer, city sewer, water. (Ord. 00-028 § 4 (part), 2000)
13.105.050 Minimum monthly charge.
Unless a utility is abandoned under BGMC 13.103.040, the minimum monthly charges for all services will apply. A minimum monthly fee will be charged for each utility. (Ord. 00-028 § 4 (part), 2000)
13.105.060 Proration.
If a total period of service of utilities is less than one month for opening and closing bills; opening and closing bills will be prorated on a daily basis. Water meters will be read by the city on the day a notice of change of tenancy or ownership is delivered to the city or as close as possible to such day. (Ord. 00-028 § 4 (part), 2000)
13.105.070 Meter reading.
Meters will be read at appropriate intervals for the preparation of regular bills and at intermediate dates as required for the preparation of opening, closing or special bills. (Ord. 00-028 § 4 (part), 2000)
13.105.090 Multiple real property ownership.
In the case of multiple real property ownership, one person shall be designated by the property owners to receive the water, sewer and drainage bill. Such person may be an association or managing group. If the owners do not make a designation, the city may do so. (Ord. 00-028 § 4 (part), 2000)
13.105.100 Adjustment of utility bills.
A. The city manager, or his designee, is empowered to resolve billing disputes upon receipt of request to do so from a city utility customer. Upon receipt of such notice from the customer, the city manager, or his designee, shall review the bill with the customer to see if the amount is justly owed. The customer shall have the right to have a meeting to bring forth reasons and evidence why such bill should not be due and owing.
B. When any customer, in any given billing period, has used according to the water meter a quantity of water which is more than double the average amount of water used on such premises in similar billing periods in prior years, and the water consumption is solely caused by a broken water pipe on the user’s premises, then the customer may make an application to the treasurer/finance director in writing for reduction of the billing. If the application states there was a broken pipe on the customer’s premises which caused a large consumption of water, the existence of a broken pipe shall be verified by inspection by public works employees. If it is established by receiving documentation that such broken pipe has been repaired and approved by the city, a reduction of the bill to an amount that is the average of the prior four months plus one-half of the difference between the average and the existing disputed bill. The reduction provided for this section shall not be allowed if such excess water consumption is due to a customer’s neglect or failure to repair the broken pipe. A reduction in billing shall not be permitted if such excess consumption is due simply to leaky faucets or other plumbing fixtures.
C. The application by the customer shall be on the forms provided by the city. (Ord. 02-009 § 67, 2002: Ord. 00-028 § 4 (part), 2000)
13.105.110 Lien on property for delinquent accounts.
A. All delinquent rates and charges for sanitary sewage disposal service furnished and for a connection with the sewerage system, together with the penalties and interest thereon as provided in BGMC 13.105.030, shall become a lien upon the property to which such sewerage service is furnished or such connection is made, superior to all other liens or encumbrances except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for enforcement of the same and for delinquent sewerage service charges, as provided in RCW 35A.21.150 and Chapter 35.67 RCW. The sewerage lien provided in this section shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor.
B. The city shall have a lien for all delinquent and unpaid charges and fees for storm drainage purposes, including without limitation service charges and system development charges, assessed against all premises to which service was furnished, which lien shall have the superiority established by RCW 35.67.200 and shall be foreclosed in the manner provided in RCW 35.67.220 et seq.
As an additional and concurrent method of enforcing its lien upon any premises for delinquent storm drainage charges, the utility is authorized, in accordance with law and in the manner provided by BGMC 13.105.030, to terminate water service to such premises for so long as any delinquent fees or charges remain unpaid.
C. All delinquent rates and charges for water furnished and for a connection to the water system together with the penalties and interest thereon as provided in BGMC 13.105.030 shall become a lien upon the property to which such water service is furnished or such connection made, superior to all other liens or encumbrances except those for general taxes and special assessments. Enforcement of such lien or liens shall be in a manner authorized under RCW 35A.21.100 and 35A.21.300. (Ord. 00-028 § 4 (part), 2000)
13.105.120 Termination of water service.
As an additional and concurrent method of enforcing the lien of the city for the charges referred to in BGMC 13.105.110(A) or any other sewer charges, the city may terminate the water service from the premises to which such services were furnished or remove that water meter thereon, and such water service shall remain terminated until all such charges plus penalties and interest thereon, together with the charges provided for in the water rate schedule, for turning the water off and turning the water on or reinstalling such water meter, shall have been paid. Utility services shall be terminated using the following procedure:
A. If requested by the customer as provided in BGMC 13.105.030, a hearing by the city manager or his designee shall be held not more than five business days after receipt of the request from the customer. The customer shall have the right to come to said hearing and evidence why such utilities should not be terminated.
B. Any hearing under this chapter shall be conducted during normal business hours, on an informal basis. A record of the hearing, including the date of hearing, who was present, and the findings made as to whether or not the bill was justly owing and the reasons therefor shall be made in writing. The written finding shall be filed with the city treasurer/finance director.
C. Whenever notice of termination is required under this chapter for utility termination, such notice shall inform the customer of his or her right to a hearing, the current phone number and address of City Hall where a hearing may be requested, the normal business hours to phone in for a hearing, and the time periods involved if the hearing is requested as to utility termination. (Ord. 02-009 § 68, 2002: Ord. 00-028 § 4 (part), 2000)