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Chapter 4.02
Special Administrative Procedures – Billing and Collection of ClaimsSections:
Article I. In General
4.02.010 Policy to Collect Accounts.
4.02.020 Rules and Regulations.
4.02.030 Filing Claims Against the City.
4.02.040 Industrial Insurance Claims.
Article II. Utilities Billings and Collections
4.02.050 Utilities Billings and Collections – Purpose.
4.02.060 Definitions.
4.02.070 Rules and Regulations.
4.02.080 Billing Cycle.
4.02.090 Allocation of Payments.
4.02.100 Estimates.
4.02.110 Readings by Customer.
4.02.120 Special Charges.
4.02.130 Advance Payment and Security.
4.02.140 Time for Payment.
4.02.150 Deferred Payment of Delinquent Accounts.
4.02.160 Obligations of Landlords and Sellers.
4.02.170 Billings Examiner.
4.02.180 Notice of Termination.
4.02.190 Notice of Termination – Form and Service.
4.02.200 Utility Lien.
4.02.210 Delegation by Director.
4.02.220 Provisions Cumulative.
Article I. In General
4.02.010 Policy to Collect Accounts.
It is the policy of the City to promptly identify and collect all moneys due it as a result of services rendered, damage to City property, or any other source.
[Ord. C25037 § 1]
4.02.020 Rules and Regulations.
A. The mayor promulgates rules and regulations for the collection and reporting of all moneys due the City with attendant emphasis on identifying moneys to which the City is entitled, prompt invoicing and reporting among affected departments, and prosecuting delinquencies. The rules and regulations may specify when and how collection is to be affected, negotiation of payments, collection of interest on payments not to exceed the maximum allowed by state law, such other costs as may be incurred by the City due to delinquency, and settlement of claims not to exceed two thousand five hundred dollars in total value before negotiated settlement.
B. This chapter and the rules and regulations promulgated by the mayor hereunder are to be given the widest dissemination among City departments and employees.
[Ord. C32755; Passed: 12/4/2000]
4.02.030 Filing Claims Against the City.
A. In specification of RCW chapter 35.31 and City Charter section 115, a person seeking to recover monetary damages against the City must file a claim in writing with the city clerk. The claim must state:
1. the claimant’s name, date of birth and actual residence by street and number,
2. the claimant’s address(es) by street and number for the six months immediately prior to the time the claim accrued,
3. a detailed description of the incident giving rise to the claim, including the date, time and place, and how it is believed the City is at fault, including as appropriate:
a. a description of any defect in equipment or premises, and
b. acts or omissions of City agents,
4. the name, address and telephone number of any third party whose property was damaged in the incident,
5. the name, address and telephone number of all witnesses and other persons with information about the claim and other persons involved in the incident,
6. the dollar amount of the claim and an itemization listing specific losses actually sustained or expected, along with copies of bills, statements, estimates, or other proof of specific losses,
7. whether the claim may be compromised or settled and, if so, for what amount.
B. The claim must bear an acknowledgement that it has been sworn to or affirmed by the claimaint or an authorized representative.
C. A claim must be filed at least sixty days before the filing of any legal action arising from the incident (or, in the event the statute of limitations would expire within such sixty-day period, at any time prior to filing of the action).
D. In the event any provision, sentence, clause, or word hereof is held to be invalid or void, it is the intent that the remainder not be affected and remain fully in effect and force as if such invalid or void portion had been eliminated at the time of enactment.
E. The purposes of this section are to implement the statutory and Charter requirements for filing claims and to foster negotiation and settlement of claims, protecting the City’s interests without substantially burdening claimants.
[Ord. C30217; Passed: 9/30/1991]
Cross Reference: Charter § 115.
4.02.040 Industrial Insurance Claims.
Claims for industrial injuries shall be reported and investigated in accordance with rules and regulations promulgated by the mayor.
[Ord. C32755; Passed: 12/4/2000]
Cross Reference: RCW 51.28.010, et seq.
Article II. Utilities Billings and Collections
4.02.050 Utilities Billings and Collections – Purpose.
The purpose of SMC 4.02.060 through 4.02.220 is to establish procedures regarding utility billing practices of the City, including procedures for termination and resumption of utility services, and to accomplish the prompt and efficient collection of amounts owing on the accounts of public utilities, including water, sewer, solid waste and other matters encompassed by the City’s utilities operations.
[Ord. C25454 § 1]
4.02.060 Definitions.
For the purposes of this chapter, the following words are defined as follows:
A. “Customer” means a regularly billed consumer of City utility services at the billings address as shown in the files of the utilities commercial office.
B. “Director” means the director of public works and utilities.
[Ord. C32762; Passed: 12/11/2000]
4.02.070 Rules and Regulations.
The director has authority to promulgate rules and regulations, develop administrative procedures, and do all things necessary to effectuate the purposes of this chapter. Rules and regulations promulgated by the director are on file in the utilities commercial office and available for public inspection during regular business hours. The rules and regulations respecting initiation, termination and resumption of utility service are subject to review by the council.
[Ord. C25454 §§ 2, 7]
4.02.080 Billing Cycle.
Unless otherwise directed for administrative convenience and efficiency by the director, billings are issued on a monthly cycle, water consumption being billed bimonthly. Current charges are itemized for water, sewer and refuse services and other items as the director may prescribe. Past due charges may be shown as a single delinquent balance.
[Ord. C25454 § 2]
4.02.090 Allocation of Payments.
Payments received are allocated to charges in this order of priority: labor and materials, additional refuse, refuse, additional sewer, sewer, and water. As permitted by the regulations, a customer can allocate a partial payment in order to avoid termination.
[Ord. C25454 § 2]
4.02.100 Estimates.
Billings for utilities may be based upon reasonable estimations from prior consumption, comparable usages, estimated costs of other services, or other bases.
[Ord. C25454 § 3]
4.02.110 Readings by Customer.
The director may provide, in lieu of reading by City meter readers, for the distribution of mail-in cards and procedures for customers to telephone meter readings.
[Ord. C25454 § 3]
4.02.120 Special Charges.
The director may establish charges for handling dishonored checks, drafts, money orders, or other instruments; fees for turning water on or off; and charges for delinquent accounts.
[Ord. C25454 §§ 4, 6]
4.02.130 Advance Payment and Security.
The director may require new or existing customers to make advance payment or non-interest-bearing security deposit to insure payment for utility services, labor, materials, or other items when warranted by such circumstances as the nature of the charge, the amount of the charge, past delinquency, or other evidence of the customer’s inability or unwillingness to pay promptly utility charges owing or to become owing.
[Ord. C25454 § 5]
4.02.140 Time for Payment.
The director establishes the period for payment of utility bills, which is at least ten days after date of issuance of the bill.
[Ord. C25454 § 6]
4.02.150 Deferred Payment of Delinquent Accounts.
The director, by regulation, establishes a procedure whereby termination of service is delayed upon condition that the customer enter into a deferred payment agreement. The director takes into account in establishing the terms of the agreement whether the account is residential or commercial, the size of the delinquency, the customer’s ability to pay and payment history, the length of time the account has been delinquent, the reasons for the delinquency and any other relevant circumstances.
The director may refuse to enter into a deferred payment agreement with a customer who has defaulted on a previous agreement.
[Ord. C25454 § 7]
4.02.160 Obligations of Landlords and Sellers.
A. A person selling or letting any premises subject to delinquency for municipal utility services shall provide the purchaser or renter, at or before the sale or rental, with a copy of the most recent City utilities bill. A person failing to make such disclosure commits a class 3 civil infraction.
B. Every owner or occupant is obligated to make provision for the payment of charges regularly listed upon the City utilities bill before transferring ownership or occupancy.
C. The City of Spokane has a right of action in Spokane municipal court against a former owner or occupant of premises for unpaid charges, including any special charges imposed under SMC 4.02.120, plus costs of suit and statutory attorney’s fees. A new owner or occupant may pay such unpaid charges and become subrogated to the right of action of the City under this subsection.
D. The director may forego termination of water service at the request of a new owner or occupant of premises who did not receive a copy of the latest bill as required by subsection (A) of this section, so long as the new customer remains current in the payment of services received by him or her.
[Ord. C31589; Passed: 3/25/1996]
4.02.170 Billings Examiner.
The director provides procedures, facilities and direction for the water billings examiner(s) who receives inquiries, conducts informal hearings and resolves disputes of customers about billings when the City asserts a right to terminate service for nonpayment of charges. The examiner does not participate in delinquent payment negotiations.
[Ord. C25454 § 9]
4.02.180 Notice of Termination.
Prior to termination of water service because of nonpayment the director causes notice to be given as prescribed in SMC 4.02.190. Notice is not required of service termination at the request or with the consent of the customer, necessary for repair, in an emergency, or for any other reason.
[Ord. C30039; Passed: 4/1/1991]
4.02.190 Notice of Termination – Form and Service.
A. An initial delinquency notice is given which includes substantially the following information:
DELINQUENT NOTICE
YOUR CITY WATER SERVICE WILL BE TERMINATED unless all amounts not disputed are paid. You may make arrangements to pay the delinquent amount by phoning or writing:
CITY UTILITIES BILLING CREDIT OFFICE
Phone (509) 625-6006
City Hall, 808 W. Spokane Falls Blvd.
Spokane, WA 99201This office is open every business day from 8:00 a.m. to 5:00 p.m. If you dispute any amounts due, you may request an informal dispute hearing by visiting, phoning, or writing:
City Water Billings Examiner
Phone (509) 625-6000
City Hall, 808 W. Spokane Falls Blvd.
Spokane, WA 99201This office is open every City business day from 8:00 a.m. to 5:00 p.m. Your request for a hearing must be received by the City Water Billings Examiner within five (5) business days.
Note: IF SERVICE IS TERMINATED, A RECONNECTION FEE WILL BE CHARGED. A COLLECTION FEE WILL BE CHARGED FOR DELINQUENT ACCOUNT COLLECTION EFFORTS AT THE PROPERTY. PROMPT PAYMENT OF YOUR UTILITIES BILL AT THE UTILITIES BILLING OFFICE WILL SAVE YOU AND THE UTILITIES BILLING DIVISION EXPENSE AND ANNOYANCE.
B. The information may be disclosed with the bill, delivered personally, given orally, or left or posted at the billing address as shown in the City’s utility billings files.
C. In the event an account remains unpaid, a second or final notice is given directed to the service address. The notice may be given orally to an occupant or left or posted at the service address as shown in the City’s utility billings files. The notice includes the following information:
SERVICES ARE SUBJECT TO TERMINATION AFTER 5 BUSINESS DAYS FROM DATE OF THIS NOTICE. SERVICE WILL NOT BE RESTORED WITHOUT FULL PAYMENT PLUS TURN-ON FEE. A COLLECTION CHARGE WILL BE INCURRED IF A COLLECTOR IS REQUIRED TO COME TO THE PROPERTY.
If you dispute any amounts due, you may request an informal dispute hearing by visiting, phoning, or writing:
City Water Billings Examiner
Phone (509) 625-6000
City Hall, 808 W. Spokane Falls Blvd.
Spokane, WA 99201This office is open every City business day from 8:00 a.m. to 4:30 p.m. Your request for a hearing must be received by the City water billings examiner within five (5) business days.
FOR ARRANGEMENTS, PHONE OR COME TO UTILITIES
BILLING DIVISION – CREDIT OFFICE (509) 625-6006
TDD (For Hearing Impaired) (509) 625-6683IF PAYMENT OR ARRANGEMENTS HAVE BEEN MADE, YOU MAY DISREGARD THIS NOTICE. Arrangements must be kept to avoid termination of service.
[Ord. C30039; Passed: 4/1/1991]
4.02.200 Utility Lien.
The City has a lien against premises receiving water utility services, for up to four months, enforceable by termination of service, all as provided in RCW 35.21.290 and 35.21.300.
4.02.210 Delegation by Director.
The director may delegate such authority as is deemed necessary.
[Ord. C25454 § 2]
4.02.220 Provisions Cumulative.
The provisions of SMC 4.02.050 through 4.02.210 do not limit but are in addition to all other powers, rights and remedies the City may have.
[Ord. C25454 § 11]
Code Publishing Company
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