HomeMy WebLinkAbout3658Ordinance No. 3658
(Amending or Repealing Ordinances)
CFN=104 - Finance
Passed - 9/2/2003
KCC Ch. 3.10 Delinquent Accounts
Amends Ords. 1678;2423;3035
Amended by Ord. 4001 (KCC 5.01)
ORDINANCE NO. 16SS
AN ORDINANCE of the City Council of the City
of Kent, Washington, amending Chapter 3.10 of the Kent
City Code relating to delinquent accounts, clarif ng
assessment and collection of penalties and interest, and
aligning other related sections regarding collection of
unpaid charges for consistency.
WHEREAS, Ch. 3.10 of the Kent City Code ("KCC") establishes
interest charges for certain types of delinquent accounts; and
WHEREAS, Ch. 3.10 KCC does not accurately reflect delinquent
account policies established elsewhere in the code; and
WHEREAS, this ordinance amends Ch. 3.10 KCC in order to clarify the
amount of interest or service charges assessed for invoices billed for services or other
amounts due to the City that are not otherwise established elsewhere in the code; and
WHEREAS, this ordinance also makes other housekeeping amendments
to related sections in the code regarding collection of unpaid charges in order to make
those revised sections consistent with the other code collection provisions; NOW
THEREFORE,
1 Kent City Code Ch. 3.10 —
Delinquent Accounts
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. — Amendment. Chapter 3.10 of the Kent City Code is
amended as follows:
CHAPTER 3.10 DELINQUENT ACCOUNTS
Sec. 3.10.010. DermitionsDelinqueney defined The following words, terms,
and phrases, when used in this chapter, shall have meanings ascribed to them in this
section, except where the context clearly indicates a different meaning-.
Delinquent shall mean any An -account not
paid within thirty (30) days from e€ -the date shown on the invoice as of billing by the
"invoice date."eity.
Donor shall mean any person, firm, corporation, agency or state or local
government unit that promises or pledges to contribute or that donates money or other
assets to the City without expectation of repayment by the City through monies
products, or services from the City.
Grantor Agencies shall mean any local government, state agency, or firm that
provides federal, state, or county financial assistance in the form of grants or other
entitlements.
Sec. 3.10.020 Service charge on delinquent accounts. There is hereby
imposed upeft all delinquent aaeounts r-eeeiyable, fiet ether -wise exempt under- t
. E ffis of this �"��`�r,If any person, firm, or corporation fails or neglects to pay any
City invoice within thirty (30) days from the date shown on the invoice as the "invoice
date," a meuthl}service charge of one (1) percent of the amount of the unpaid balance
on the Wig—account or two dollars €i#yeeHts ($2.00039), whichever is tfie
greater-ametrt,: will be imposed one month from the date payment was due and at the
end of each succeeding monthly period until all past due amounts are paid in full
2 Kent City Code Ch. 3.10 —
Delinguent Accounts
Any invoice or service charge due under this chapter and unpaid shall
constitute a debt to the City. The City may, pursuant to Ch. 19.16 RCW, use a
collection agency to collect outstanding debts, or it may seek collection by court
proceedings, which remedies shall be in addition to all other remedies.
Sec. 3.10.030 Exemption.
A. Donors and grantor agencies Donors or grantor agencies shall be
exempt from the delinquency and collection provisions of this chapter.
B. Code enforcement. Code enforcement fines and penalties that have
been assessed in accordance with Ch. 1.04 KCC shall be exempt from the delinquency
and collection provisions of this chapter and shall be subject to the delinquency and
collection provisions of Ch. 1.04 KCC.
C. Public records. Duplication fees owed for public records produced in
accordance with Ch. 1.05 KCC shall be exempt from the delinquency and collection
provisions of this chapter and shall be subject to the delinquency and collection
provisions of Ch. 1.05 KCC.
D. Utility taxes. Utility taxes imposed by the City upon allep rsons
engaged in certain utility business activities defined in Ch 3.18 KCC shall be exempt
from the delinquency and collection Qrovisions of this chapter and shall be subject to
the delinquency and collection provisions of Ch. 3.18 KCC.
E. Gambling taxes. Gambling taxes shall be exempt from the delinquency
and collection provisions of this chapter and shall be subject to the dethnguency and
collection provisions of Ch. 3.21 KCC.
Kent City Code Ch. 3.10 —
Delinquent Accounts
F. Local improvement districts. Bills for local improvement distracts
(LIDs) shall be exempt from the delinquency and collection provisions of this chapter
and shall be subject to the delinquency and collection provisions of Ch. 3.22 KCC and
Ch. 6.04 KCC.
G. Business licenses and regulations. Business license and other_ license
penalties assessed in accordance with Title 5 KCC shall be exempt from the
delinquency and collection provisions of this chapter and shall be subject to the
delinquency and collection provisions of Title 5 KCC.
H. City utility services. Invoices for the furnishing of City utility services
shall be exempt from the delinquency and collection provisions of this chapter and
shall be subject to the delinquency and collection provisions of Ch. 7.01 KCC.
I. Maintenance of landscaping. Invoices for maintenance of landscaping,
required by Ch. 15.07 KCC shall be exempt from the delinquency and collection
provisions of this chapter and shall be subject to the delmquency and collection
provisions of Ch. 15.07 KCC.
J. Contracts. If a written contract states different payment terms, the
delinquency and collection provisions of the contract shall apply.
SECTION 3. — Amendment. Section 5.01.180 of the Kent City Code,
entitled "Monetary Penalties," as they pertain to business licenses is amended as
follows:
Sec. 5.01.180. Penalties.
A. Monetary penalties
1. Penalty for operation of a business enterpnse without a license shall be
assessed by the director in an amount not to exceed five hundred dollars ($500). This
4 Kent City Code Ch. 3.10 —
Delinquent Accounts
penalty shall not apply to business enterprises failing to pay the license renewal fee as
set forth in subsection (A)(2) below.
2. Failure to pay the license fee within ninety (90) days after the date of
expiration, pursuant to KCC 5.01.110, shall subject the licensee to a monetary penalty
in the amount of fifty dollars ($50) to reinstate the license, in addition to the required
license fee.
B. Collection. Any license fee or tax due and unpaid and delinquent under this
chapter, shall constitute a debt of the City. The City may, pursuant to Ch. 19.16 RCW,
use a collection agency to collect unpaid fees or taxes owed or assessed, or it may seek
and all penalties t e.ee may be ollectioned by court proceedingsgiy4 Win, which
remedies shall be in addition to any other e*istiftgremediesand penalties.
C. Criminal penalties. Any business licensee who violates or fails to comply with
any of the provisions of this chapter or other lawful rule or ordinance adopted by the
City pursuant thereto, shall upon conviction be punished as described in the general
criminal penalty provisions of KCC 1.01.140.
SECTION 4. — Amendment. Section 15.07.070 of the Kent City Code,
entitled "Maintenance of landscaping," as it pertains to zoning is amended as follows:
Sec. 15.07.070. Maintenance of landscaping.
A. Required. Whenever landscaping is or has been required in accordance with
the provisions of this title or any addition or amendments to this title, or in accordance
with the provisions of any previous code or ordinance of the City, the landscaping shall
be permanently maintained in such a manner as to accomplish the purpose for which it
was initially required.
B. Notice of violation. The planning manaeerdifeetef or his or her designee
desigFAAed is hereby authorized and empowered to notify the owner of
any property required to be landscaped, or the agent, tenant, lessee, or assignee of any
5 Kent City Code Ch. 3.10 —
Delinquent Accounts
such owner, that the landscaping is not being adequately maintained and the specific
nature of such failure to maintain. The notice shall specify the date by which the
maintenance must be accomplished, and shall be sent by certified mail, addressed to
the owner at his last known address.
C. Action upon noncompliance.
1. Upon the failure, neglect, or refusal of any owner or agent so notified to
perform the required maintenance within the time specified in the written notice, or
within fifteen (15) days after the date of such notice if the notice is returned to the City
by the post office department because of inability to make delivery thereof, provided
the notice was properly addressed to the last known address of the owner or agent, the
planning manager diresteror his or her designee is hereby
authorized and empowered to cause the required maintenance to be done and provide
for payment of the cost thereof, with the cost to be collected or taxed against the
property affected as provided in this section.
2. Nothing in this section shall prevent the planning manager direeter-or
his or her designe from taking action as provided in KCC
15.09.090.
D. Charge for maintenance by City to be included in tax bill. When the City has
performed landscape maintenance or has paid for such maintenance, the actual cost
thereof, plus accrued interest at the rate of eight (8) percent per annum from the date of
the completion of work, if not paid by such owner prior thereto, may be charged to the
owner of such property on the next regular tax bill forwarded to such owner by the
City, and if so charged shall be due and payable by the owner at the time of payment of
such bill.
E. Lien for payment of charges. If the full amount due the City is not paid by such
owner within thirty (30) days after performance of the maintenance as provided for in
6 Kent City Code Ch. 3.10 -
Delinquent Accounts
subsection (C) of this section, then, in that case, the planning manag xdkee� or his or
her designee may cause to be recorded in the office of the
supervisor of treasury accounting a sworn statement showing the cost and expense
incurred for the work, the date the work was done, and the legal description of the
property on which the work was done. The recording of such sworn statement shall
constitute a lien and privilege on the property, and shall remain in full force and effect
for the amount due in principal and interest, plus court costs if any, until final payment
has been made. The costs and expenses shall be collected in the manner fixed by law
for the collection of taxes and further shall be subject to a delinquent penalty of eight
(8) percent per annum if the costs and expenses are not paid in full on or before the
date the tax bill upon which the charge appears become delinquent. Sworn statements
recorded in accordance with the provisions of this subsection shall be prima facie
evidence that all legal formalities have been complied with and that the work has been
done properly and satisfactorily, and shall be full notice to every person concerned that
the amount of the statement plus interest constitutes a charge against the property
designated or described in the statement and that the charge is due and collectible as
provided by law.
F. Alternative methods of collection of charges. In addition to or in lieu of the
provisions of subsections (D) and (E) of this section, the City may, at its option and
pursuant to Ch. 19.16 RCW, use a collection agency to collect unpaid charges, interest,
and penalties owed or assessed pursuant to this chapter, or the City may seek collection
by ivil aetion in ourt proceedings, which remedies shall be in
addition to all other remedies.
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this
SECTION S. — Severability. If any one or more section, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision
7 Kent City Code Ch. 3.10 —
Delinquent Accounts
shall not affect the validity of the remaining portion of this ordinance and the same
shall remain in full force and effect.
SECTION 6. — Effective Date This ordinance shall take effect and be
in force thirty (30) days from and after its�passage as provided f law.
ffur.visffil
ATTEST:
BRENDA JACOBER, ITY CLERK
APPROVED AS TO FORM:
TOM BRUBAKER, CITY ATTORNEY
PASSED: c2— day of September, 2003.
APPROVED: /- day of September, 2003.
6
PUBLISHED: day of September, 2003.
I hereby certify that this is a true copy of Ordinance No. 06SE,
passed by the City Council of the City of Kent, Washington, and approved by the
Mayor of the City of Kent as hereon indicated.
P \Ct"Mrdma \PehnqueaAcwuM -Ch3 ID4Dd—
(SEAL)
BRENDA JACOBE , CITY CLERK
8 Kent City Code Ch. 3.10 —
Delinquent Accounts