TITLE 17
UTILITIES

Chapters:

17.01 Collection of Delinquent Billings

17.02 Uniform Utility Billing and Collection Procedure

Chapter 17.01
Collection of Delinquent Billings

Sections:

17.01.010 Penalty for delinquent utility billings.

17.01.010 Penalty for delinquent utility billings.

  There is hereby imposed a charge of 10 percent per month upon all charges for utility service which may be imposed by the City under DMC Titles 18 and 21, and which shall remain unpaid after the fifteenth day of the next succeeding month following that in which a billing was rendered for such utility service.  Such charge shall compound, and shall be in addition to any other remedies which the City may possess by statute or ordinance.  (Ord. 156, Dec. 11th, 1974).

Chapter 17.02
Uniform Utility Billing and Collection Procedure

Sections:

17.02.010 Authorized officers designated.

17.02.020 Repealed.

17.02.030 Billing generally.

17.02.040 Bills--Preparation--Delivery.

17.02.050 Bills delinquent before next bimonthly billing.

17.02.060 Payment delinquent--Service discontinued.

17.02.070 Notice of delinquent account.

17.02.080 Payment delinquency--Enforcement actions.

17.02.090 Deferred payments arrangements--Penalty assessed.

17.02.100 Delinquent account--Refusal of other City services.

17.02.110 Service charge for returned checks.

17.02.120 Disconnection/reconnection of utility services.

17.02.130 Service discontinuance--For other than payment failure.

17.02.140 Liability for charges.

17.02.150 Right of lien.

17.02.160 Utility lien foreclosure--Authorized when.

17.02.170 Enforcement--Alternative method.

17.02.180 Current diversion--Billing procedure.

17.02.190 Current diversion--Administrative appeal.

17.02.200 Current diversion--Penalty fee.

17.02.210 Current diversion--Intent to deprive rebuttable presumption.

17.02.010 Authorized officers designated.

(a) The City Clerk shall keep an account for water, sewer and garbage service used by any person, business, or other entity within the City.  Such services shall be paid for by every utility account within the City.

(b) The Clerk shall place against these accounts all charges for water, sewer and garbage service that are to be paid by every utility account, when these services are used by such person, business or other entity.  Any service charges or other charges that are connected with the provision of utility services shall likewise be placed against these accounts.  All charges shall be made in accordance with the terms establishing the rates and fees for such services.  (Ord. 483 § 1, Aug. 24th, 1993).

17.02.020 Creation of Accounts--Deposits on renter-occupied premises.

  Repealed by Ord. 04-773.  (Ord. 483 § 2, Aug. 24th, 1993).

17.02.030 Billing generally.

  There shall be one uniform billing and collection procedure for all City utility services, including but not limited to water, sewer, and garbage.  (Ord. 483 § 3, Aug. 24th, 1993).

17.02.040 Bills--Preparation--Delivery.

(a) The City shall cause a single utility bill, covering all utility services that are furnished by or through the City during the preceding two-month period, to be prepared and rendered once every two months to each customer of utility service.

(b) Such bill shall be due and payable by the fifteenth day of the month from and after the date of mailing.

(c) Once prepared, this bill shall be delivered to the customer by depositing it in the United States mail, addressed either to the address shown on the application for utility service or to any change of address that has been submitted by the customer to the City.

(Ord. 483 § 4, Aug. 24th, 1993).

17.02.050 Bills delinquent before next bimonthly billing.

If the bill rendered as provided is not paid when due, it shall be considered delinquent and a penalty fee of 10% of the unpaid balance shall be added to the delinquent account. An additional fee of 10% of the unpaid balance (including any prior late charges) shall likewise be assessed for the next fifteen-day period. (Ord. 483 § 5, Aug. 24th, 1993).

17.02.060 Payment delinquent--Service discontinued.

If a utility bill or any part thereof remains delinquent and unpaid when the next utility bill is prepared and rendered in the usual course of operations, then the current bill will also become delinquent if not paid within seven (7) days from and after date of mailing. Such utility bill shall likewise be accompanied or followed by a special notice to the effect that if the current utility charges, together with the prior delinquent charges, are not paid in full within seven (7) days from the date of mailing of the current bill, the City shall, within forty-eight (48) hours thereafter, proceed to shut off and discontinue utility services to the premises until all utility charges are paid in full. (Ord. 483 § 6, Aug. 24th, 1993).

17.02.070 Notice of delinquent account.

The notice of delinquent account shall further state that if the consumer has questions or dis-putes concerning the amount of payment due, he or she may appeal to the City whose address and telephone number shall be stated on the notice of delinquent account. (Ord. 483 § 7, Aug. 24th, 1993).

17.02.080 Payment delinquency--Enforcement actions.

(a) If the customer is unable to pay the full amount of utility charges because of temporary financial difficulties or other hardship, the City Clerk may permit the customer to make deferred payment arrangements, provided, however, that the City will be under no obligation to enter into any deferred payment agreement with any customer who has not fully and satisfactorily complied with terms of any previous agreement.

(b) Failure to abide by the terms of the arrangement shall be cause for shutoff and discontinuance of utility services until the total utility charges that are due are paid in full. (Ord. 483 § 8, Aug. 24th, 1993).

17.02.090 Deferred payments arrangements--Penalty assessed.

If arrangements for deferred payments have been made, the City Clerk shall assess against such accounts the same penalty fees as set forth in Section 17.02.060. (Ord. 483 § 9, Aug. 24th, 1993).

17.02.100 Delinquent account--Refusal of other City services.

If a bill becomes delinquent, no officer, agent, or employee of the City may authorize or permit any further City service or process any application for a permit from the City, when such application has been requested by the person in whose name an account stands delinquent; this requirement shall remain in effect until the delinquent account is paid in full with interest. This section, however, shall not apply to the provision of water, sewer service, and garbage pickup service, but shall apply to connections, inspections, engineering and other like services furnished by the water, sewer and solid waste utilities. (Ord. 483 § 10, Aug. 24th, 1993).

17.02.110 Service charge for returned checks.

A service charge of $15.00 shall be imposed upon any customer who, in full or partial payment of a City utility bill, tenders a check, which is thereafter returned to the City as a result of insufficient funds in the customer’s checking account. (Ord. 483 § 11, Aug. 24th, 1993).

17.02.120 Disconnection/reconnection of utility services.

Should a customer fail to pay a delinquent bill pursuant to Section 17.02.060, the City Clerk shall immediately cause the particular utility services to be cut off from the premises. Such services shall be reconnected to the premises only upon full payment of all delinquent utility charges, and correction of any fraudulent, illegal or unauthorized use or abuse of any utility service, applicable to the particular premises, irrespective of who may have incurred the charges or who may have been responsible for the fraudulent, illegal or unauthorized use or abuse of utility services. In addition, a single reconnection fee of $25.00 shall be charged and paid prior to the reconnection of any utility service that was actually shut off and discontinued and that will require such reconnection to be made during regular working hours, Monday through Friday 9:00 A.M. to 5:00 P.M.

A surcharge of $50.00 shall be assessed for reconnections made at a customer’s request outside of regular working hours. (Ord. 483 § 12, Aug. 24th, 1993).

17.02.130 Service discontinuance--For other than payment failure.

In addition to nonpayment of a utility bill, the City may shut off and discontinue any or all utility services to a customer for failure to pay connection charges for any utility service furnished to such customer, or for the fraudulent, illegal or unauthorized use or abuse of any utility service, or the failure or refusal of the customer to comply with all rules, regulations or ordinances pertaining to the receipt and use of utility services furnished by the City. (Ord. 483 § 13, Aug. 24th, 1993).

17.02.140 Liability for charges.

The City Clerk shall prescribe the requisite form to be used by property owners who desire to enter into written agreements with their tenants or other occupants of the premises, whereby the utility charges are placed in the name of the person(s) occupying such premises. All owners of property, however, shall remain ultimately and legally liable for the payment of any and all utility charges to the premises, regardless of whether such property is used for single-family, multiple-dwelling or commercial purposes and regardless of the fact that the billings are made in the name of a tenant or other occupant of the premises. Such billings are for personal convenience only and shall not in any way affect the lien rights of the City against the premises to which the services are furnished. (Ord. 483 § 14, Aug. 24th, 1993).

17.02.150 Right of lien.

(a) In addition to the right herein provided to shut off and discontinue utility service, the City shall have a lien for delinquent and unpaid utility charges, including late charges, against the premises to which such utility service has been furnished or is available. The lien shall be effective for a total of not to exceed six months’ delinquent charges without the necessity of any writing or recording. In order to make such lien effective for more than six months, the City shall cause to be filed for record in the office of the county auditor of Pierce County a notice in substantially the following form:

Utility Lien Notice

City of DuPont, )

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)

v. )

)

)

___________________ )

Reputed Owner. )

)

NOTICE IS HEREBY GIVEN that the City of DuPont has and claims a lien for __________ charges against the following described premises situated in Pierce County, Washington, to-wit:

(Here insert legal description of premises.)

Said lien is claimed for exceeding six months' charges and interest now delinquent, amounting to $____, and is also claimed for future utility charges against said premises.

DATED this ___ day of _________, 19__.

CITY OF DuPONT

By_______________

(b) The lien notice may be signed by the Clerk. The lien notice shall be recorded as prescribed by law for the recording of liens.

(Ord. 483 § 15, Aug. 24th, 1993).

17.02.160 Utility lien foreclosure--Authorized when.

The City may foreclose its utility lien in an action in the Superior Court. All or any of the tracts subject to the lien may be proceeded against in the same action, and all parties appearing of record as owning or claiming to own, having or claiming to have any interest in or lien upon the tracts involved in the action shall be impleaded in the action as parties defendant. An action to foreclose a utility lien pursuant to a lien notice filed as required by this chapter must be commenced within two years from the date of filing thereof. An action to foreclose a six months’ lien may be commenced at any time after six months subsequent to the furnishing of the utility service for which payment has not been made. The service of summons and all other proceedings except as provided specifically under this chapter, including appeal, order of sale, sale, redemption and issuance of deed shall be governed by the statutes of the State of Washington now or hereafter in force relating to the foreclosure of mortgages on real property. The terms "judgment debtor" or "successor in interest" in the statutes of the State of Washington governing redemption when applied under this chapter shall include an owner or a vendee. All sales shall be subject to the right of redemption within one year from date of sale. At any time after deed is issued to it pursuant to a foreclosure of a lien, the City may lease or sell or convey the property conveyed thereunder at public or private sale for such price and on such terms as may be determined by the resolution of the City Council. (Ord. 483 § 16, Aug. 24th, 1993).

17.02.170 Enforcement--Alternative method.

As an additional and concurrent method of enforcing the lien authorized under this section, the City of DuPont may shut off and discontinue any or all utility services to the premises to which such utility service was furnished after the charges become delinquent and unpaid, and until the charges are paid. The right to enforce the lien by cutting off and refusing utility services shall not be exercised after two years from the date of the recording of the utility lien notice provided under this section except to enforce the payment of six months’ charges for which no lien notice is required to be recorded. (Ord. 483 § 17, Aug. 24th, 1993).

17.02.180 Current diversion--Billing procedure.

The purpose of the section is to provide more effective methods and remedies for dealing with cases of tampering with, and diverting around, utility meters and other City equipment and to thereby protect the financial resources of the City and the rate-paying public.

(a) Any customer, owner, or person in control of premises receiving unmeasured or unauthorized utility services is responsible for paying the full amount of said services, as reasonably determined by the City to have been obtained either by diversion around the meter or by unmetered or unauthorized use as a result of meter tampering, alteration or replacement.

(b) Any customer, owner or person in control of premises who receives utility services, for which payment, consumption or other utility records have been falsified, is responsible for paying the full amount of utility services, as reasonably determined by the utility to have been obtained.

(c) The City, becoming aware of the fact that particular utility services have been obtained without full payment either through tampering, alteration, bypass, or falsification of records, shall bill the recipient for the full amount of said services; such amount shall reasonably be determined by said utility in good faith, after using the best known estimating methods.

(d) The recipient of utility services that have been obtained without full payment either through tampering, alteration, bypass, or falsification of records, shall also be responsible and billed for the costs incurred by the City as a result of investigation, damages, repair, and bookkeeping.

(e) Notice of a supplemental bill shall be sent to the recipient of unauthorized or unmetered utility services. The supplemental bill shall be added to the next regular utility bill and shall be collected under the normal collection procedures. The notice of a supplemental billing shall consist of the following:

(1) Billing amount for unauthorized or unmetered utility services under subsection (a) of this section;

(2) Related costs pursuant to subsection (d) of this section;

(3) A fifty-dollar ($50) penalty fee, pursuant to Section 17.02.200; and

(4) Notice apprising the recipient of the right to an administrative appeal pursuant to Section 17.02.190.

(f) Deposit in the United States mail shall be deemed full and complete notice of the nature, amount, and right to appeal the supplemental billing.

(g) Liability for the supplemental billing shall be in addition to, and notwithstanding, any charge, conviction or acquittal under Section 17.02.200.

(h) The supplemental billing shall be placed on the next forthcoming utility bill and shall be collected under the normal collection procedures as set forth in Section 17.02.040. (Ord. 483 § 18, Aug. 24th, 1993).

17.02.190 Current diversion--Administrative appeal.

(a) Within ten (10) days of deposit of the notice of supplemental billing in the United States mail pursuant to Section 17.02.180(f), the recipient may file a written notice of appeal. The notice of appeal shall state the reasons why the recipient is contesting the supplemental billing.

(b) The administrative appeal shall be decided by the City Clerk within twenty (20) days of the date of receipt of the notice of appeal.

(c) The amount of the supplemental bill shall remain on the recipient’s utility bill but shall not be collected by the City until the final determination of the appeal.

(d) If the determination on appeal is adverse to the recipient, the City shall proceed to collect the full amount of the supplemental bill from the date the original bill should have been paid had no appeal been filed. (Ord. 483 § 19, Aug. 24th, 1993).

17.02.200 Current diversion--Penalty fee.

For each single instance of receipt of unauthorized or unmetered utility services, a fifty-dollar ($50) penalty fee shall be assessed. (Ord. 483 § 20, Aug. 24th, 1993).

17.02.210 Current diversion--Intent to deprive rebuttable presumption.

For the purposes of Section 17.02.200, there shall be a rebuttable presumption that the recipient of unauthorized, unmetered or incorrectly metered utility services intended to deprive the utility of proper payment for its service. This presumption does not apply if the diversion of the utilities service or the tampering, alteration, or replacement of the utility’s metering equipment is reasonably attributed to accident or accidental malfunction of the utilities metering equipment. (Ord. 483 § 21, Aug. 24th, 1993).