Chapter 13.01
General Provisions

Sections:

13.01.000 Title.

13.01.010 General Application.

13.01.020 Definitions.

13.01.0202 “City Engineer.”

13.01.0208 “Health Officer.”

13.01.0210 “Person.”

13.01.0212 Terms Inclusive.

13.01.030 Administration – Rates.

13.01.0302 Administrative Authority – Specific Utilities – Rates.

13.01.0303 Implementation of Rate Changes – Temporary Administrative Authority.

13.01.0304 Authority Discretionary – No Protected Property Interest.

13.01.0306 Meter Consumption Charges – Meter Inoperative.

13.01.0308 Flat Charge – Fractional Period.

13.01.0310 Form of Payment – Deposit – Statement.

13.01.0312 Bankruptcies.

13.01.0314 Time of Payment – Delinquent Charges – Bad Checks – Bill Collection Fee.

13.01.0316 Municipal Tax on Utilities.

13.01.0318 Adjustments for Overbilling – Underbilling.

13.01.0319 Delinquency at Prior Address May be Added to New Address.

13.01.0320 Terms Supplemental.

13.01.040 Construction – Purpose of Title.

13.01.050 Duties Imposed – Acts Forbidden.

13.01.060 Effect of Approval or Disapproval.

13.01.070 False, Incomplete Representations Prohibited.

13.01.080 Regulations.

13.01.090 Duties Imposed on Owners.

13.01.100 Notice – Absence No Defense.

13.01.110 Violations – Causing Violation.

13.01.120 Inspections – Enforcement.

13.01.130 Severability.

13.01.140 Existing Permits to Remain in Force.

13.01.150 General Savings.

13.01.000 Title.

This title may also be referred to as the “utilities code.”

13.01.010 General Application.

This chapter applies to all chapters of this title unless otherwise specifically indicated or required by the context.

13.01.020 Definitions.

The definitions set forth in SMC 13.01.0202 through 13.01.0210 apply generally to this title.

13.01.0202 “City Engineer.”

“City engineer” is the division director of public works and utilities of the City or his/her authorized representatives. The city engineer:

A.  oversees all operations and functions regulated by this title, subject to the authority of the mayor;

B.  interprets and applies this title and any regulations promulgated hereunder and may make specific exceptions or modifications thereto in writing for just cause; and

C.  performs such other functions as assigned by the mayor.

[Ord. C32762; Passed: 12/11/2000]

Cross Reference: SMC ch. 3.01.

13.01.0208 “Health Officer.”

“Health officer” is the legal health officer having jurisdiction inside the corporate limits of the city or an authorized representative.

13.01.0210 “Person.”

“Person” means any natural person, firm, partnership, association, corporation, agency, governmental entity or entity whatsoever.

13.01.0212 Terms Inclusive.

Words used in the present tense include the future tense and words used in the future tense include the present. Words used in the singular include the plural and in the plural the singular. Words used in masculine gender include the feminine and the feminine gender the masculine.

[Ord. C32057 § 2; Passed: 12/15/1997]

13.01.030 Administration – Rates.

The city council reviews rates as needed. The process may include approval of rates as a part of the annual budgeting process, and may include multiyear rates. Additionally, the director of an affected utility department or the director of public works and utilities, as provided in SMC 13.01.0302, may determine charges or rates for items not addressed in a rate schedule adopted by city council. Any customer affected by rate decisions, whether inside or outside the city limits, may attend and participate in hearings affecting service to said customer or may petition an administering official for consideration or reconsideration of rates or charges ordered under the authority of this code.

[Ord. C32794 § 17; Passed: 2/12/2001]

13.01.0302 Administrative Authority – Specific Utilities – Rates.

A.  For items affecting a specific utility, the directors of the affected departments have authority to administer such provisions applicable to their respective utilities. Additionally, the director of public works and utilities administers rates articles as a service provider for the respective water, sewer and solid waste departments.

B.  Notwithstanding any other provision, the director may determine questions of applicability or interpretation of rates or regulations, to adopt or modify the same, to grant exemptions therefrom, or order specific action, forbearance, correct clerical errors or oversights, adopt temporary rates, assess specific charges, or impose other additional requirements, all where deemed reasonably necessary in the interest of the public health and safety and for administrative convenience and efficiency. The director may also impose additional charges or fees on matters not fully addressed herein, including assessments for the value of City equipment or property destroyed or damaged by or through customer or other third party fault.

C.  The director of public works and utilities also functions as the utility billings or water billings examiner unless otherwise directed by the director of public works and utilities. His/her decision relating to utility charges is subject to review by the director of the affected utility or that director’s designee. The reviewer shall be a person who did not participate in the determination being reviewed.

D.  A director’s action is subject to review by the director of public works and utilities.

[Ord. C32762; Passed: 12/11/2000]

Cross Reference: SMC 4.02.170, 13.01.030.

13.01.0303 Implementation of Rate Changes – Temporary Administrative Authority.

A.  Section 19(b) of the City Charter provides that an ordinance becomes effective thirty days after enactment unless a later date is specified, with exceptions thereto listed in section 19(a). Section 16 of the Charter provides for an enactment process. Generally, municipal utility budgets are planned over a calendar year and it is the city council’s and mayor’s intention that utility rates be effective for said entire calendar year to the extent administratively feasible and convenient, unless specifically provided for otherwise.

B.  Due to a variety of factors, the city council and mayor do not always resolve the utility rates ordinance enactment process a full thirty days prior to January 1st of an intended utility budget year. Accordingly, the director of public works and utilities or administrative head of the three utility enterprise operations is delegated administrative authority to set temporary administrative rates in accord with a utility rates schedule prepared by said official for enactment by the city council and mayoral approval thereafter, pending completion of the enactment process. Such administrative authority may be exercised not to exceed the shorter of ninety days or until any utility rates for a calendar year have been enacted and become effective for a given calendar year.

C.  Nothing herein affects the requirements of advance notice of solid waste rate changes as provided in RCW 35.21.157 or RCW 70.95.212, but the director may give notice of rates proposed for adoption in fulfillment of such statutory requirements prior to a final effective date.

[Ord. C33361 § 6; Passed: 12/22/2003]

13.01.0304 Authority Discretionary – No Protected Property Interest.

In providing for the exercise of administrative authority herein, no protected property interest is intended to be created for any specific person, citizen or customer, and no substantive or particularized standards or criteria mandating any the exercise of authority in any particular way or requiring a specific outcome under any specific circumstances is intended. This provision controls others in the event of conflict or ambiguity.

[Ord. C32057 § 5; Passed: 12/15/1997]

13.01.0306 Meter Consumption Charges – Meter Inoperative.

Utility charges based upon metered consumption are billed at full consumption rate. If the meter is inoperative, inaccurate, or if meter readings are otherwise unavailable or unreliable, the consumption charge shall be assessed based upon City usage records for the same period from the prior or latest comparable year. If no prior year usage is available, a consumption charge may be assessed, in the administrator’s discretion, based upon comparable use projections for the premises.

[Ord. C32057 § 6; Passed: 12/15/1997]

13.01.0308 Flat Charge – Fractional Period.

Flat monthly or other periodic charges are assessed at full rate for each month or billing period. The administrator may approve a fractional part of a charge upon a customer request in advance, reflected in the utility billings division records. The administrator may prorate a fractional charge over the portion of month or other period service is provided.

[Ord. C32057 § 7; Passed: 12/15/1997]

13.01.0310 Form of Payment – Deposit – Statement.

A.  Payment is generally to be made in U.S. currency, by personal check, or by cashier’s or certified check. The City reserves the right to decline to accept other forms of payment for administrative convenience, in the discretion of the director of public works and utilities or city treasurer.

B.  Payments are deposited into the department funds providing service or items for which payment is made.

C.  Utility services or items encompassed in these regulations are generally billed on one combined statement or bill unless otherwise authorized by the director.

[Ord. C32794 § 18; Passed: 2/12/2001]

13.01.0312 Bankruptcies.

As authorized by 11 USC section 366, unless otherwise directed by the director of the affected department, the minimum deposit for adequate assurance of payment shall be two months estimated utility charges for Chapter 7 and 11 filings and one month estimated utility charges for Chapter 13 filings. This amount is subject to adjustment where circumstances indicate different customer use demands or service needs, in the administrator’s discretion.

[Ord. C32057 § 9; Passed: 12/15/1997]

13.01.0314 Time of Payment – Delinquent Charges – Bad Checks – Bill Collection Fee.

A.  Bills are due and payable ten calendar days after the date of issuance reflected on the bill.

B.  Except where limited by law, a delinquent charge of one percent per month is assessed on any unpaid amounts, beginning with the next regular billing cycle after a bill is due, or thirty days after billing, whichever is first. If this is above the legally permissible charge, the delinquent charge is the maximum permitted on the past due balance for all or any portion so limited. To any charges or penalties where RCW 35.67.200 applies, the applicable delinquency charge is eight percent per annum.

C.  The fee for returned checks is twenty-five dollars.

D.  The fee for a visit by utility billing personnel to collect bills or deliver a delinquency notice to the premises is ten dollars.

E.  The bill summary charge is ten dollars. Bill summaries are made when it is necessary to prepare a bill summary of charges accrued or estimated on an account, either upon customer or other third party request or, after an account is sixty days delinquent, because an account has been referred for collection effort. This charge may be assessed against the account or billed to the requesting party for each bill summary or request prepared.

F.  Special billings for occupant changes, sale of property and the like will be assessed a ten dollars charge. Other fees incurred in servicing an account, including long distance telephone calls, copies, or other administrative expenses shall also be added to the bill.

[Ord. C32506 § 3; Passed: 11/29/1999]

13.01.0316 Municipal Tax on Utilities.

This regulation recognizes that the utilities departments are taxed, pursuant to SMC chapter 8.10, said tax subject to adjustment (currently seventeen percent). The tax is computed, not as a surcharge upon the rates, but as a cost to the respective utility fund as a percentage of gross income, all as reflected in SMC chapter 8.10.

[Ord. C32057 § 11; Passed: 12/15/1997]

13.01.0318 Adjustments for Overbilling – Underbilling.

A.  Policy. It is the policy of the City to collect all amounts identifiable as due and owing for utility services. The City reserves the right to collect such charges on the basis of joint and several liability, from the owner of premises served, the occupant of the premises, or from any person otherwise determined to be legally responsible for the charges concerned, as may be most convenient to the City. This policy recognizes that any losses from not collecting such amounts must be made up by moneys collected from all ratepayers. Subject to this policy, the administrator has discretion to adjust billings, but no entitlement to such adjustment is created, and no specific outcome is mandated.

B.  Underbill – Underpayment.

1.   Underbilling or underpayment because of customer errors or other reasons not the result of City error will be collected in full.

2.   Underbilling or underpayment because of City error may be adjusted, considering the following criteria:

a.   In general, the public is presumed to know that a reasonable charge for utility services rendered must be paid. Where it appears a customer or other person from whom payment is sought did not know and had no reason to know of the error, charges accruing more than one year from the discovery of the error may be waived.

b.   There is “reason to know” of a billing error where the bill on its face is below regular charges, or where there are no charges being made to premises receiving service. Customers have a duty to make prompt inquiry with the utility billings office when they get such a bill inconsistent with the utility service to their premises.

3.   Underbillings because of customer error or where it appears a customer knew or should have known of the error should be paid in full.

C.  Overbill. Where an account is overbilled or overpaid the refund period granted administratively is up to one year from the time the error is reported to the utility billings office, except overpayments or overbillings because of customer fault should be reported by the customer within sixty days. Approved refunds are administered by an account credit for the premises served.

D.  Billing errors are adjusted by a deputy director of public works, except refunds of over two thousand five hundred dollars are approved by the director of public works and utilities. Adjustment is made by way of credit to the combined city utilities bill for errors in said bill unless another adjustment method is approved by the affected utility department. Additionally, the City reserves all defenses, offsets and claims allowable in contract or law.

[Ord. C32762; Passed: 12/11/2000]

13.01.0319 Delinquency at Prior Address May be Added to New Address.*

Where a party originally responsible for an unpaid utility bill at one address moves to a new address served by the City, the bill may be transferred to the new address and enforced as a charge to that account, so long as the originally responsible party remains at the new address. This option does not waive the City’s right to require payment as a condition of restoring or continuing service to the original address, but any amounts thereafter collected from the originally responsible party shall be restored to any other party paying such delinquent balance at the original address, less a twenty-five dollar administrative fee.

[Ord. C32506; Passed: 11/29/1999]

*Code reviser’s note: This section was erroneously enacted as SMC 13.01.0320.

13.01.0320 Terms Supplemental.

Provisions in this title, including any specification of rates are is supplemental to any other provisions or conditions of utility service as have been or may be hereafter established by ordinance, resolution, contract or other method applicable to specific extensions or service arrangements.

[Ord. C32057 § 13; Passed: 12/15/1997]

13.01.040 Construction – Purpose of Title.

This title shall be liberally construed to accomplish its intended purposes. The purposes shall be interpreted consistent with the general public good and not with the intent of creating rights or claims on the part of individuals. Conflicts with other codes, rules, or regulations or questions of application or interpretation are resolved by the city engineer.

Cross Reference: SMC 13.03.0914(B), 13.04.140(B).

13.01.050 Duties Imposed – Acts Forbidden.

A.  Whenever any duty or function is listed in connection with the City or a City official herein, it shall be interpreted as a direction and authorization to act in the exercise of sound discretion and in good faith.

B.  As to duties imposed or acts forbidden of owners and occupants of premises or other members of the public, they shall be construed as mandatory requirements to act or avoid actions as stated in this code at the risk of prescribed penalties.

13.01.060 Effect of Approval or Disapproval.

No action, approval, authorization, or inspection, or failure to act, approve, authorize, or inspect the activities of any person or property regulated by this title, or regulations adopted pursuant to this title, expands or creates liability on behalf of the City, its agents or employees, beyond that required by the general laws of the state.

13.01.070 False, Incomplete Representations Prohibited.

No person may provide any false or recklessly inaccurate or incomplete information or representation on any application, statement, or document required by this title to be made or submitted.

13.01.080 Regulations.

The city engineer may promulgate any regulations necessary to implement any portion of the utilities code. He shares this power with other officials where designated. Such regulations, if approved by the city council and published once in the Official Gazette, thereafter have the force of law. Amendments or repeals are accomplished in the same way.

13.01.090 Duties Imposed on Owners.

Any duty imposed upon the owner of land or premises is similarly imposed upon any person in possession, charge, or control of the land or premises, unless specified to the contrary.

13.01.100 Notice – Absence No Defense.

Whenever this title requires notice to be given, unless specifically provided otherwise, it means a reasonable effort to notify shall be made. Absence of the owner or other responsible persons from premises or property to which a notice is mailed or posted does not constitute grounds to deny that reasonable notice was given or to avoid any responsibilities imposed.

13.01.110 Violations – Causing Violation.

Whenever in this code reference is made to a prohibited act or failure to act, persons shall be accountable for said action or failure to act either where they are directly involved in said commission or omission or where they encourage, cause, or aid another in the prohibited commission or omission.

13.01.120 Inspections – Enforcement.

No person may deny authorized City employees reasonable access during reasonable hours to any premises or properties for inspection to determine compliance with any of the provisions of this title or regulations promulgated hereunder.

13.01.130 Severability.

If any section, provision, or part of this title be declared invalid, or the applicability to any person or circumstance be held invalid, the remainder of this title and its applicability to other persons and circumstances shall not be affected.

13.01.140 Existing Permits to Remain in Force.

Except as otherwise provided herein, all permits lawfully issued under the provisions of any prior ordinance shall remain in force and effect until the expiration thereof, unless sooner surrendered or revoked; subject, however, to all other provisions of this title.

13.01.150 General Savings.

A.  Unless necessary to the accomplishment of its purpose, this title does not apply to acts or omissions committed prior to its enactment.

B.  Rights vested and obligations imposed under prior ordinances are not extinguished by the enactment of this title and the repeal thereby of superseded ordinances.