HomeMy WebLinkAbout4191ORDINANCE NO. ,
AN ORDINANCE of the City Council of the
City of Kent, Washington, amending Chapter 7.02
of the Kent City Code, entitled "Water," to
streamline the process through which an owner
may request an adjustment to an unexpectedly
exorbitant water bill, and to reconcile current
inconsistencies in the City Code to provide clarity to
both property owners and City staff.
RECITALS
A. Through passage of Ordinance No. 2732 on July 7, 1987, the
Kent City Council recognized that leaks or defects in water pipes or
systems hooked up to City water, but located on private property, were
often undetected until a water customer received an unusually high bill for
water service, and that unintentionally excessive water consumption was
costly for both the customer and the City.
B. To address this issue, Ordinance No. 2732 authorized the City
to partially reduce an unusually high water bill, not to exceed one month's
worth of service, but this reduction was available only once in a lifetime,
and the customer had to first provide the City with proof that the private
water pipe or other portion of the system that caused the undetected leak
had been repaired to the City's satisfaction before the partial reduction was
granted.
1 Amend KCC 7.02 -
Re: Leak Adjustments
C. This one-time water bill reduction has been amended and re-
codified numerous times over the ensuing years, but the basic elements
remain the same. Currently, an adjustment is still permitted only once per
property owner, adjustment is available only for an accidental water leak
or water line failure on the subject property, or an "unexplained, abnormal
water meter reading" that occurs on the subject property even though City
inspection reveals no water meter malfunction; the rate adjustment cannot
exceed 50 percent of the difference between the amount of the bill to be
adjusted and the average water usage over the preceding 12 months; and
the bill will only qualify for adjustment if the bill is more than twice as high
as the highest bill for any single billing period in the preceding 12 months.
D. Furthermore, the code requires that the affected water
system must be, "located between the city's water meter and owner's
residence or structure." This language has proved confusing for both the
public and City staff, especially when there is a leak at the point of contact
with the structure, or when the bill is due to an unexplained, abnormal
water meter reading. This confusion is compounded by the fact that the
same requirements are listed in two separate sections of Chapter 7.02 of
the Kent City Code KCC.
E. Lastly, the Finance Director currently determines whether or
not to grant the requested reduction, proof of repair work is still required,
which may require staff to conduct on-site inspections and review of
invoices for parts and/or labor; and an aggrieved owner may appeal the
Director's determination to the City Council's Operations Committee.
F. After reviewing the problems with the existing structure of the
leak adjustment provisions in the City Code, the Finance Department
recommends amending the Code to delete the ambiguity regarding the
location of the leak, to allow more than one bill adjustment per person; to
lower the qualifying threshold level of the unusually high water bill to more
2 Amend KCC 7.02 -
Re: Leak Adjustments
than twice the average usage in the preceding 12 months, as opposed to
the highest usage in the preceding 12 months, to allow adjustments to be
made to two billing periods instead of ones and permitting a 100 percent
reduction of the difference between the bill(s) to be adjusted and the
average usage in the preceding 12 months. In the case of an owner who
has less than 12 months' worth of billing history at the subject property,
an adjustment can still be made using additional consumption data.
G. The City's Customer Services Manager will make the initial
determination regarding the bill(s) submitted for reduction, and requests
for reconsideration may be submitted to the Finance Director. Afirst-time
request will not require proof of repair, but subsequent requests by the
same owner for the same property may be submitted on an annual basis,
provided that proof of completed repair work accompany all subsequent
requests.
H. The ordinance also includes an update to the penalty
provisions of Chapter 7.02 KCC in order to maintain consistency with other
portions of the City Code, along with minor housekeeping changes.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION I. -Amendment. Section 7.02.300 of the Kent City Code
is hereby amended as follows:
Sec. 7.02.300 Water rates within the city.
A. Water rates. The following staggered rates apply during the time
periods listed below to all water customers within the city limits of Kent.
3 Amend KCC 7.02 -
Re: Leak Adjustments
Within each time period, the lower rate applies per etre-hundre"1001
cubic feet of water used for up to or equal to seven hundfed-F700) cubic
feet, and the higher rate applies per erre-htlrrdred F100} cubic feet of water
used in excess of seven hundred (700 cubic feet:
Effective
Date
October 1
April 30
May 1
September
30
Charge
Effective
June 1, 2009
<_ 70C>
ft3
7005
ft3
70
ft3
> 70
ft3
01/01/2005
$1.44
$1.95
$1.90
$2.42
06/01/2009
$2.13
$2.89
$2.81
$3.58
01/01/2010
$2.77
$3.75
$3.66
$4.66
01/01/2011
$2.85
$3.86
$3.77P$4.8001/01/2012
$44.10
$65.27
$2.94$3.98
4
$3.8801/01/2013
$53.44
$79.09
$3.03
$4.10
$3.99
$79.38
01/01/2014
$3.12
$4.22
$4.11
$5.24
All customers are also subject to a monthly demand charge for service and
meter, which is as follows:
Meter siz
(inches)
Charge
Effective
January 1
2008
Charge
Effective
April1, 2009
Charge
Effective
June 1, 2009
Charge
Effective
January 1
2010
5/8 x 3/4
$5.26
$6.05
$8.95
$11.64
1
$8.94
$10.28
$15.21
$19.78
11/2
$13.64
$15.69
$23.22
$30.19
2
$18.09
$20.80
$30.78
$40.02
3
$38.35
$44.10
$65.27
$84.85
4
$46.47
$53.44
$79.09
$102.82
6
$69.03
$79.38
$117.48
$152.73
8
$88.50
$88.51
$150.63
$195.82
10
$113.03
$129.98
$192.37
$250.08
4 Amend KCC 7.02 -
Re: Leak Adjustments
Meter sIZIE
(inches)
Charge
Effective
January 1
2011
Charge
Effective
anuary 1
2012
Charge
Effective
anuary 1
2013
Charge
Effective
anuary 1
2014
5/8 x 3/4
$11.99
$12.35
$12.72
$13.10
1
$20.37
$20.98
$21.61
$22.26
1-1/2
$31.09
$32.03
$32.99
$33.98
2
$41.22
$42.46
$43.73
$45.04
3
$87.39
$90.02
$92.72
$95.50
4
$105.90
$109.08
$112.35
$115.72
6
$157.31
$162.03
$166.89
$171.90
8
$201.70
$207.75
$213.98
$220.40
10
$257.58
$265.31
$273.27
$281.47
B. Lifeline customers. The city council will establish eligibility criteria for
lifeline customers. For lifeline -qualified water service customers within the
city limits, the following rates apply for water use per one hundred-F100�
cubic feet:
Effective
Date
anuary 1 -December 3I
01/01/2005
$0.51
06/01/2009
$0.53
01/01/2010
$0.54
01/01/2011
$0.56
01/01/2012
$0.57
r�►���ssn�a:..�...�
01/01/2013
$0.59
01/01/2014
1$0.61
All lifeline rates are also subject to the monthly demand charge for service
and meter as set forth in subsection (A) of this section.
5 Amend KCC 7.02
Re: Leak Adjustments
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Re: Leak Adjustments
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Re: Leak Adjustments
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SECTION 2. -Amendment.
is hereby amended as follows:
Section 7.02.310 of the Kent City Code
7.02.310 Water rates outside city.
A. Water rates. The following staggered rates apply during the time
periods listed below to all customers outside the city limits of Kent. Within
each time period, the lower rate applies per etre-hulldr-ed-E100cubic feet
of water used for up to or equal to seven hundeed-F700} cubic feet, and
the higher rate applies per etre1003 cubic feet of water used in
excess of s-even-kruf�dfed-f700cubic feet.
Effective
October j
May 1
September
Date
lR•1•��•l�F�■J�1til•l9►i•itiaR•I������•wwww+
30
<_ 70C>
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SECTION 2. -Amendment.
is hereby amended as follows:
Section 7.02.310 of the Kent City Code
7.02.310 Water rates outside city.
A. Water rates. The following staggered rates apply during the time
periods listed below to all customers outside the city limits of Kent. Within
each time period, the lower rate applies per etre-hulldr-ed-E100cubic feet
of water used for up to or equal to seven hundeed-F700} cubic feet, and
the higher rate applies per etre1003 cubic feet of water used in
excess of s-even-kruf�dfed-f700cubic feet.
Effective
October j
May 1
September
Date
lR•1•��•l�F�■J�1til•l9►i•itiaR•I������•wwww+
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SECTION 2. -Amendment.
is hereby amended as follows:
Section 7.02.310 of the Kent City Code
7.02.310 Water rates outside city.
A. Water rates. The following staggered rates apply during the time
periods listed below to all customers outside the city limits of Kent. Within
each time period, the lower rate applies per etre-hulldr-ed-E100cubic feet
of water used for up to or equal to seven hundeed-F700} cubic feet, and
the higher rate applies per etre1003 cubic feet of water used in
excess of s-even-kruf�dfed-f700cubic feet.
Effective
October j
May 1
September
Date
April30
30
<_ 70C>
70C_<
70C>
70
W
ft3
ft3
ft3
01/01/2005
$1.90
$2.42
$2.32
$2.85
06/01/2009
$2.81
$3.58
$3,431$4,22
01/01/2010
$3.66
$4.66
$4.46
$5.48
01/01/2011
$3.77
$4.80
$4.60
$5.65
7 Amend KCC 7.02 -
Re: Leak Adjustments
Effective
October 1
May I
September
Date
April30
30
$5.26
< 70C>
70C<
70C>
70
$8.94
W
ft3
ft3
ft3
01/01/2012
$3.88
$4.94
$4.74
$5.82
01/01/2013
$3.99
$5.09
$4.88
$5.99
01/01/2014
$4.11
$5.24
$5.02
$6.17
All customers are also subject to a monthly demand charge for service and
meter, which is as follows:
Meter siz
(inches)
Charge
Effective
January ij
2008
Charge
Effective
April 1, 2009
Charge
Effective
June 1, 2009
Charge
Effective
January I
2010
5/8 x 3/4
$5.26
$6.05
$8.95
$11.64
1
$8.94
$10.28
$15.21
$19.78
1-1/2
$13.64
$15.69
$23.22
$30.19
2
$18.09
$20.80
$30.78
$40.02
3
$38.35
$44.10
$65.27
$84.85
4
$46.47
$53.44
$79.09
$102.82
6
$69.03
$79.38
$117.48
$152.73
8
$88.50
$88.51
$150.63
$195.82
10
$113.03
$129.98
$192.37
$250.08
Meter sIZIE
(inches)
Charge
Effective
January 1
2011
Charge
Effective
anuary 1
2012
Charge
Effective
anuary 1
2013
Charge
Effective
anuary I
2014
5/8 x 3/4
$11.99
$12.35
$12.72
$13.10
1
$20.37
$20.98
$21.61
$22.26
1-1/2
$31.09
$32.03
$32.99
$33.98
2
$41.22
$42.46
$43.73
$45.04
3
$87.39
$90.02
$92.72
$95.50
4
$105.90
$109.08
$112.35
$115.72
6
$157.31
$162.03
$166.89
$171.90
8
$201.70
$207.75
$213.98
$220.40
8 Amend KCC 7.02 -
Re: Leak Adjustments
B. Lifeline customers. The city council will establish eligibility criteria for
lifeline customers. For lifeline -qualified water service customers outside the
city limits, the following rates apply for water use per ewe- ridfe4-(100)
cubic feet:
Effective
Date
Charge
Charge
Charge
Charge
deter siz
Effective
Effective
Effective
Effective
(inches)
January 1
anuary 1
anuary 1
anuary 1
$0.59
2011
2012
2013
2014
10
$257.58
$265.31
$273.27
$281.47
B. Lifeline customers. The city council will establish eligibility criteria for
lifeline customers. For lifeline -qualified water service customers outside the
city limits, the following rates apply for water use per ewe- ridfe4-(100)
cubic feet:
Effective
Date
anuary 1 - Decembe
31
01/01/2005
$0.56
06/01/2009
$0.58
01/01/2010
$0.59
01/01/2011
$0.61
01/01/2012
$0.63
01/01/2013
$0.65
01/01/2014
$0.67
All lifeline rates are also subject to the monthly demand charge for service
and meter as set forth in subsection (A) of this section.
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Re: Leak Adjustments
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Re: Leak Adjustments
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Re: Leak Adjustments
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9 Amend KCC 7.02
Re: Leak Adjustments
9 Amend KCC 7.02
Re: Leak Adjustments
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10 Amend KCC 7.02
Re: Leak Adjustments
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SECTION 3. -Amendment. Section 7.02.370 of the Kent City Code
is hereby amended as follows:
7.02.370 Penalty for violation.
A Any violation of this chapter constitutes a civil violation under
Chapter 1.04 KCC for which a monetary penalty may be assessed and
abatement may be required as provided therein.
B In addition to, or as an alternative to any other penalty provided in
this chapter or by law_._, any person who violates this chapter shall be guilty
of a misdemeanor and, upon conviction thereof, shall be subject to the
penalties provided for in KCC 1.04.030.
SECTION 4. -New Section. Chapter 7.02 of the Kent City Code is
hereby amended by adding a new section 7.02.315, entitled "Water billing
adjustments,” as follows.
7.02.315 Water billing adjustments.
A. Subject to the right of access and inspection by a representative of
the city, a property owner receiving water service from the city may apply
for adjustment of a city water bill under the following circumstances.
11 Amend KCC 7.02
Re: Leak Adjustments
--
--
-
- - -
--
-
- ---
--
--
- - --
A Any violation of this chapter constitutes a civil violation under
Chapter 1.04 KCC for which a monetary penalty may be assessed and
abatement may be required as provided therein.
B In addition to, or as an alternative to any other penalty provided in
this chapter or by law_._, any person who violates this chapter shall be guilty
of a misdemeanor and, upon conviction thereof, shall be subject to the
penalties provided for in KCC 1.04.030.
SECTION 4. -New Section. Chapter 7.02 of the Kent City Code is
hereby amended by adding a new section 7.02.315, entitled "Water billing
adjustments,” as follows.
7.02.315 Water billing adjustments.
A. Subject to the right of access and inspection by a representative of
the city, a property owner receiving water service from the city may apply
for adjustment of a city water bill under the following circumstances.
11 Amend KCC 7.02
Re: Leak Adjustments
1. A water leak has been discovered on the subject property; or
2. A water line failure has occurred on the subject property; or
3. An inadvertent error on the part of the occupant of the
subject property caused excessive water usage; or
4. An unexplained, abnormal water meter reading has occurred
on the subject property.
This adjustment shall not exceed 100 percent of the difference between
the total amount charged by the city for the billing period for which
adjustment has been requested, and the average water usage at the
subject property. For purposes of this subsection, `inadvertent error" does
not include actions constituting knowing or willful neglect. Furthermore,
the average water usage shall be computed by determining the total
volume of water consumed, under normal use conditions, during the
preceding 12 months and dividing that total volume by the number of
times the city reads the customer's water meter. If there is insufficient
usage history by the owner at the subject property, the city may use
additional consumption history before an adjustment can be made. This
additional consumption history may include, but is not limited to: the
owner's prior usage at another location receiving water service from the
city; the previous owner's consumption history, and historical water
consumption at comparable properties within the city.
B. This water bill adjustment can be applied to no more than two
consecutive billing periods. Any bill submitted for adjustment must exceed'
two times the average usage in the preceding 12 months prior to the
earliest billing period for which the adjustment is requested. The property
owner must submit a signed application for adjustment, on a form
prescribed by the finance director, within 90 days of the last day of the
billing period for which an adjustment is requested, in order to be eligible
for the adjustment.
12 Amend KCC 7.02 -
Re: Leak Adjustments
C. Following receipt of an application for a water bill adjustment, the
city's customer services manager, or the manager's designee, shall review
the application and determine whether or not to adjust the water bill based
on the criteria listed in this section. In order to make a proper and fair
determination, city staff shall be entitled to enter upon and inspect the
subject property, if necessary, and shall verify that the water meter
serving the subject property does not indicate that excessive water usage,,
is continuing. The customer services manager shall not approve an
application for water bill adjustment if the city determines that the water
meter shows the continued existence of abnormally high water usage.
D. If approved, the customer services manager shall adjust the water
bill by issuing a credit to the water service billing account. In the
alternative, if the owner no longer owns the subject property or is
otherwise no longer legally responsible for the water bill, the city may,
upon approval of the finance director, issue a check to the owner in an
amount not to exceed what would have been credited to the water service
billing account.
E. The owner may request reconsideration of the decision of the city's
customer services manager by the city's finance director. This request
must be in writing and delivered to the city no later than 30 days after the
customer services manager's decision is delivered to the property owner.
For purposes of this subsection, delivery is deemed complete upon the
third day following the day upon which the written determination or
request for consideration is placed in the mail, unless the third day falls on
a Saturday, Sunday, or legal holiday, in which event service shall be
deemed complete on the first day other than a Saturday, Sunday, or legal
holiday following the third day. This request for reconsideration must
contain all relevant facts and circumstances pertaining to why the owner
13 Amend KCC 7.02 -
Re: Leak Adjustments
believes that the decision of the customer service manager was incorrect.
The finance director shall issue a written decision to the requestor within
45 days of receipt of the request for reconsideration. The finance
director's determination cannot be appealed to the hearing examiner or
the city council, and any further appeals may only be made pursuant to
applicable state law.
F. A property owner may submit an application for adjustment of a
water bill only once every 12 months; provided, however, that this does
not prohibit an owner from submitting an application for adjustment of two
billing periods simultaneously, pursuant to subsection (B) of this section.
If a property owner has previously submitted an application for adjustment
of a water bill to the city for the same property, the customer services
manager will reject any subsequent application that does not also include
tangible proof that repair work to correct the leak has already been
completed, such as original or certified copies of invoices for parts and/or
labor. The city may also enter onto the subject property to confirm that
necessary repairs have been made, prior to granting a subsequent request
for a water bill adjustment.
G. Subsection (F) of this section notwithstanding, a property owner
submitting an application pertaining to a property for which that owner has
not previously submitted a request for a water bill reduction, or a new
owner applying for a water bill reduction pertaining to a property for which
a water bill reduction was previously requested by a prior owner, shall be
treated as a first-time applicant under this section. The finance director
shall not consider an heir, devisee, person related by blood or marriage, an
affiliated corporate entity or an entity under common control with a prior
owner of the subject property to be treated as a "first-time applicant" for
purposes of this subsection.
14 Amend KCC 7.02 -
Re: Leak Adjustments
SECTION 5. - Retroactivity. This ordinance shall be effective and
shall apply retroactively to all billing periods that began on or after March
1, 2016.
SECTION 6. -Severaty. If any one or more section, subsection,
oI 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 7. -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.
SECTION 8. -Effective Date. This ordinance shall take effect and
be in force 30 days from and after its passage as provided by law.
ATTEST:
NALD F. MOORE, CITY CLERK
APPROVED AS TO FORM:
15 Amend KCC 7, 02 -
Re; Leak Adjustments
TOIL BRUBAKER, CITY ATTORNEY
PASSED: day of '? , 2016.
APPROVED: �day of2016.
PUBLISHED: day of , 2016.
I hereby certify that this is a true copy of Ordinance No.
passed by the City Council of the City of Kent, Washington, and approved
by the Mayor of the City of Kent as hereon indicated.
RONALD F. MOORE, CITY CLERK
i�°
pAcivihordinance\7.02 - water rate adjustment final.docx
16 Amend KCC 7.02 -
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