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HomeMy WebLinkAbout3181Ordinance No. 3181 (Amending or Repealing Ordinances) CFN=104 — Finance Passed - 8/2/1994 Amending KCC Ch. 7.01— Notice of Delinquent Accounts & Other Amendments Amended by Ord. 3864 j ORDINANCE NO. it AN ORDINANCE of the City Council of the J,' City of Kent, Washington, amending Chapter 7.01 relating to notice of delinquent accounts and other amendments. a� THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: f SECTION 1. Kent City Code Chapter 3.60 entitled i "Application for, and Billing of, Utility Services" is hereby amended to read as follows: ( � CHAPTER 7.01. UTILITY SERVICE BILLING r" PPE4G ^'T l e?iF9i« D --' SE Sec. 7.01.010. Administration of Utility billing. f The d _...ter of finance manager shall be responsible ,J Ij for billing for utilitXi-e-ff services and the administration and ►i enforcement of utility accounts. i Sec. 7.01.020. Utility service applications. i All applications for utility service on established accounts shall be made to the finance division of the operations i jdepartment. The written application 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 department of public works for approval and then to the finance division departme to be processed in the normal manner. Whenever an application for utility service is made by an agent, the agent shall submit written authority from the owner authorizing such agent to receive the utility service requested. !i An acknowledgment that the owner is 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 owner. The owner may by written stipulation direct that the account shall be billed to a renter, tenant or lessee. No change of ownership or occupancy shall affect the application !' of this chapter. Sec. 7.01.040. Payments received. All money for the payment of utility bills shall be received by the finance manager dii-eetei, or authorized agent. 2 Sec. 7.01.050. Utility bills --Due date; collection. A. All utility bills are due and payable in the office of the finance manager elireeter within fifteen ben (15) -49) days after the billing date appearing on the bill. Bills not paid within twenty-one (21) days of the billing date shall be considered delinquent. If the twenty-first day falls on a legal holiday, Saturday or Sunday, the first business day thereafter shall be considered the twenty-first day. When an account is ;!delinquent in payment the City will provide written notice of said delinquency to the occupant by mail door hanger or other form. The notice shall advises the i !occupant of shut off of utility servicer and the assessment of et jlate payment or related feeg added to such delinquent utility account. whieh A schedule of such fees is on file in the city clerk's office shall —be m___-__ __ sueii sueutility B. When a charge for water service is delinquent, the ;service shall be subject to shutoff upon notice to the customer. 'Regulations governing issuance of notice, consistent with this v chapter, shall be promulgated by the finance manager dam. ;The service shall not be restored until full payment of the delinquent account is received, together with a water turnoff/on charge of which is on file in the city clerk's office. C. Whenever a water service is in the name of a renter, tenant or lessee, and is subject to turnoff for 3 delinquency, the finance division departme will send a duplicate notice of delinquency to the owner of record shown on the application for service. D. Delinquent bills. 1. System of sewerage. Pursuant to RCW 35.67.331 and section 7.06.010 of this Code, the combined sanitary sewage collection and disposal system (sewage) and the storm and surface water utility (drainage), are all combined as the system of sewerage. Delinquent and unpaid rates and charges j;for sewage and drainage service shall be subject to RCW ch. 35.67 ,,.and shall be deemed delinquent and unpaid rates and charges for i sewer service subject to subsection 2. below. 2. Delinquent sewer service rates and charges; interest; water service cut off. 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 effected in accordance with RCW 35.67.210. Liens for sewerage service shall 6 be effective for a period not to exceed six (6) months of i ;;delinquent charges without the necessity of any writing or F ;recording. In order to make such a lien effective for more than R six (6) months, the finance manager direer shall file for recording in the office of the King County auditor 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 0 the lot, tract or parcel to which such lien shall attach. This lien may be foreclosed in action in superior court pursuant to RCW 35.67.220 et seq. b. Interest shall be added to anv delinquent and unpaid charge for sewer service in the maximum amount allowed by RCW 35.67.200. Sec. 7.01.060. Same --Alternate collection procedure. As an additional method of collective the delinquent charges and concurrent method of enforcing the lien authorized by RCW 35.67.200 et seq. and section 7.01.050 of this Code the city may cut off water service from the premises to which such sewerage service was furnished after the charges become delinquent and unpaid, until the charges and delinquent account are paid. The right to enforce the lien by cutting off and refusing water service shall not be exercised after two (2) years from the date of the recording of sewerage lien notice except to enforce payment of six (6) months of charges for which no lien notice is required to be recorded. Sec. 7.01.070. Additional remedy. The remedies set forth in sections 7.01.050 and 7.01.060 are not meant to be exclusive and that the city may use any alternate method of collecting delinquent charges that is available under common law or the laws of the state. 5 SECTION 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 3. Effective Date. This ordinance shall take effect and be in force thirty (30) days from and after its ,,passage, approval and publication as provided by law. i ' PASSED day of ."- 1994. APPROVED day of 1994. PUBLISHED day of 1994. I hereby certify that this is a true copy of Ordinance No. 3/8l , passed by the City Council of the City of Kent, Washington, and approved by the Mayor of the City of Kent as hereon indicated. i (SEAL) i± BRENDA JACO R, ITY CLERK utilsys.ord 7