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ORDINANCE NO. 'C
AN ORDINANCE of the City Council of the
City of Kent, Washington, replacing Chapter 7.01 of
the Kent City Code concerning the billing and
collection for utility services, adding an
administrative appeal process, and refining the
application and approval process for rate
reductions under the lifeline program for low-
income citizens who are also seniors or disabled.
RECITALS
A. Utilities are collected by the City's Finance Department in
accordance with Chapter 7.01 of the Kent City Code.
B. The lifeline program offers utility rate reductions for those
low-income citizens who are also either senior citizens or totally and
permanently disabled. The Finance Department has recommended that
amendments be made to refine the application process by making it more
consistent with surrounding jurisdictions and streamlining the process for
applicants and City staff.
C. The Law Department has also recommended codifying an
informal appeal process through which customers may challenge perceived
billing errors prior to water service being shut-off due to non-payment.
Notification of this appeal process will be expressly provided at the time
notice of the water shut-off date is provided.
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D. The ordinance also makes other housekeeping amendments
for clarity.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. - Amendment - Ch. 7.01 KCC. Chapter 7.01 of the
Kent City Code, entitled "Utility Service Billing", is hereby repealed and
replaced with the following:
CHAPTER 7.01
UTILITY SERVICE BILLING
Sec. 7.01.010. Administration of utility billing. The customer
service manager of the city's finance department shall be responsible for
the billing of utility services and the administration and enforcement of
utility accounts.
Sec. 7.01.020. Utility service applications. All requests for
utility service on established accounts shall be made to the customer
service division of the finance department. The request shall be made by
the owner or authorized agent of the property where service is requested.
For new utility service, the application shall be made to the public works
department for approval and then to the customer service division of the
finance department. Whenever an application for utility service is made by
an agent, the agent shall submit written authority from the property owner
authorizing such agent to receive the utility service requested. An
acknowledgment that the owner remains legally liable for all service shall
be included in this written authority.
Sec. 7.01.030. Utility accounts. All accounts for utility service
shall be kept in the name of the property owner. As provided in RCW
35.21.217, a property owner or their designee may request that the
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account be billed to tenant or property manager, and may also request
that the owner receive a duplicate bill or any notice of a residential
tenant's delinquency. If the city provides a property owner or the owner's
designee with duplicates of residential tenant utility service bills or notice
that a tenant's utility account is delinquent, the city shall notify the tenant
that such duplicates have been provided to the owner. However, the
owner remains liable for payment of all utility service as provided by law.
Sec. 7.01.040. Payments received. All money for the payment
of utility bills shall be received by the finance customer service manager or
designee.
Sec. 7.01.050. Utility bills — due date — collection.
A. Due date. All utility bills are due and payable in the office of the
finance customer service manager within 15 days after the billing date
appearing on the bill. Bills not paid within 21 days of the billing date shall
be considered delinquent. If the 21st day falls on a legal holiday, Saturday,
or Sunday, the first business day thereafter shall be considered the 21st
day.
B. Deiinauency—water or sewerage service.
1. Initial delinquency notice. The city will provide written notice
of initial delinquency in the customer's subsequent monthly utility bill.
2. Shut-off notice. When a charge for water service, or
sewerage service in accordance with KCC 7.01.050(C), is delinquent and
has been provided an initial delinquency notice, water service shall be
subject to shut-off upon 7 calendar days' notice to the customer. The city
will provide written notice of pending shut-off to the customer by mail,
door hanger, or other form, and a delinquent notice fee in the amount of
$10 will be assessed against the account. The notice shall advise the
customer of possible shutoff of utility service and the assessment of late
payment or related fees added to the utility account if it remains
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delinquent. A fee schedule is on file with the customer service division of
the finance department.
3. Multifamily rental units. As provided in RCW 35.21.217, if an
occupied multiple residential rental unit receives utility service through a
single utility account, if the utility account's billing address is not the same
as the service address of a residential rental property, or if the city has
been notified that a tenant resides at the service address, the city shall
make a good faith and reasonable effort to provide written notice to the
service address of pending shut-off for nonpayment at least seven
calendar days prior to disconnection.
4. Procedure. Water shut-off shall occur in accordance with this
section and any regulations the finance customer service manager may
promulgate consistent with this chapter. The following provisions apply to
any shut-off of water service and shall be included in any shut-off notice:
a. The total payment due on the account to avoid shut-off
of water service.
b. A shut-off charge of $45 will be assessed against all
delinquent accounts appearing on the city's final shut-off report.
C. Water service may not be restored until full payment of
the delinquent account is received, including the shut-off fee.
d. A utility customer or property owner may appeal any
charges included in a utility bill to the finance customer service manager.
If an appeal to a water or sewerage bill is received by the customer service
manager prior to the water shut-off date identified in the notice, water
service will not be turned off during the appeal process. An appeal must
be made in writing, must set forth the reasons why the bill is incorrect or
otherwise not properly due and owing, and must be delivered to the
customer service division of the finance department. The customer service
manager should provide written notice of his or her decision on the appeal
within 10 business days of the manager's receipt of the appeal. That
decision is final, and no additional appeal is available. If still applicable,
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that decision will identify the date on which water service will be shut-off if
the account is not brought current in a manner consistent with the
decision.
5. Notice to property owner. Whenever water service is in the
name of a tenant or property manager, and is subject to shutoff for
delinquency, the finance customer service division will attempt to provide a
duplicate delinquency notice to the owner of record shown on the account.
Although a duplicate delinquent notice may be sent in accordance with this
subsection, the $10 delinquent notice charge will not be assessed against
the account a second time.
C. Sewerage — Delrncluency.
1. System of sewerage. Pursuant to RCW 35.67.331 and KCC
7.06.010, the city's sanitary sewage collection and disposal system
(sewage) and the storm and surface water utility (drainage), are combined
as a "system of sewerage" as that term is defined in RCW 35.67.010. In
addition to the provisions of this chapter, delinquent and unpaid rates and
charges for sewage and drainage service shall be subject to Chapter 35.67
RCW and subsection (C)(2) of this section.
2. Delinauent sewer service rates and charges—Lien and
interest.
a. When a charge for sewerage service is delinquent, the
city shall have a lien for delinquent and unpaid charges, plus penalties,
which lien shall be made in accordance with RCW 35.67.210. Liens for
sewerage service shall be effective for a period not to exceed 12 months of
delinquent charges without the necessity of any writing or recording. In
order to make such a lien effective for more than 12 months, the finance
customer service manager shall file for recording in the office of the King
County Recorder a notice setting forth the amount of the delinquency, the
name of the owner or reputed owner who owes the bill and the description
of the lot, tract or parcel to which such lien shall attach. For each lien
recorded or released, the city shall assess against the sewerage account a
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fee in accordance with the fee schedule on file with the customer service
division as payment of the city's costs incurred in preparing and recording
each lien or lien release. This fee is in addition to the actual fees charged
to the city by King County to record or release a lien, which fees will also
be assessed against the account. This lien may be foreclosed in an action
filed in superior court pursuant to RCW 35.67,220.
b. Interest may be added to any delinquent and unpaid
charge for sewer service in the maximum amount allowed by RCW
35.67.200.
3. Altemate collection procedure for delinquent sewerange
service—Water shut-off. As an additional method of collecting the
delinquent charges and concurrent method of enforcing the lien authorized
by RCW 35.67.200, and in accordance with the provisions of KCC
7.01.050, the city may shut-off water service to the premises to which
such sewerage service was furnished until the charges are paid and the
delinquent account is brought current. The right to enforce the lien by
cutting off and refusing water service shall be exercised in accordance with
Chapter 35.67 RCW.
Sec. 7.01.060. Remedies cumulative. The remedies set forth in
KCC 7.01.050 are not meant to be exclusive and the city may use any
alternate method of collecting delinquent charges that is available under
common law or the laws of the state.
Sec. 7.01.070. Lifeline utility rate. A utility rate reduction is
available to low-income citizens who are 62 years of age or older, are
unable to work due to a total and permanent disability, or provide care to
their child that has a total and permanent disability.
A. Definitions.
1. For purposes of this section, "low-income" means a household
of one (1) or more individuals, the adjusted gross personal income for
which all individuals living in the household does not exceed the income
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limits set annually by the federal Department of Housing and Urban
Development ("HUD") for housing assistance in Kent.
2. For purposes of this section, "disabled" means a person who
has been determined to be permanently and totally disabled as defined by
the Social Security Administration and who receives social security benefits
or any other benefits for that disability from any governmental source.
B. Limitations. The following limitations apply to the lifeline utility rate
program:
1. The rate reduction shall only apply to utility charges for
service to residences served by a separate city meter. The residence for
which the rate reduction is requested must be the applicant's principal
place of residence.
2. The utility account must be in the name of the applicant, the
applicant's spouse, or the applicant's landlord. Where the utility account is
in the name of the applicant's landlord, the applicant may be required to
provide proof of tenancy at the property.
3. No person may claim a rate reduction for more than one
dwelling unit during the same billing period.
4. Only one rate reduction per utility will be given for each
property.
C. Application process. To qualify for the lifeline rate reduction,
persons eligible under this section must file an application with the
customer service division of the city's finance department. Applications
may be made on behalf of a senior citizen by a family member or an
authorized representative, and applications based on a permanent and
total disability may be made on behalf of a child by a parent, legal
guardian, or other authorized representative. The customer service
manager may require applications and accompanying documentation to be
submitted annually.
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D. Processing and approval. Determination of eligibility shall be made
by the city's customer service manager, or his or her designee, based upon
j the information given in the eligible customer's application. The customer
service manager may determine acceptable forms of proof of tenancy,
income, or disability, and such forms may include, but are not limited to,
tax documents and social security documents. If timely received, and upon
approval of the application, the applicant's household will receive the
reduced utility rate for water and sewerage utilities beginning the first day
of the month following approval.
SECTION 2. - Severability. If any one or more section, subsection,
or sentence of this ordinance is held to be unconstitutional or invalid, such
decision shall not affect the validity of the remaining portion of this
ordinance and the same shall remain in full force and effect.
SECTION 3. - Savings. The existing Chapter 7.01 of the Kent City
Code, which is repealed and replaced by this ordinance, shall remain in full
force and effect until the effective date of this ordinance.
SECTION 4. - Corrections by City Clerk or Code Reviser. Upon
approval of the city attorney, the city clerk and the code reviser are
authorized to make necessary corrections to this ordinance, including the
correction of clerical errors; ordinance, section, or subsection numbering;
or references to other local, state, or federal laws, codes, rules, or
regulations.
SECTIONS. - Effective Date. This ordinance shall take effect and
be in force thirty days from and after its passage, as provided by law.
DANA RALPH, MAY R Daft App oved
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ATTEST:
(0 ca c�
KIMBERLEY A. MOTO, CITY CLERK Date Adopled
(01 i a
Date Published
APPROVED AS TO RW
ARTH AT" FITZPATRICK, CITY ATTORNEY
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Delinquent Utilities & Lifeline Utility Rate
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