Loading...
HomeMy WebLinkAbout3145 Utility Rates & Billing Procedures Ordinance 3145 Page I of 2 ORDINANCE NO. 3145 AN ORDINANCE OF THE CITY OF PORT TOWNSEND RELATED TO UTILITY RATES AND BILLING PROCEDURES; CLARIFYING ELIGIBILITY FOR LOW- INCOME RATES; CLARIFYING THE PURPOSES AND PROCEDURES FOR UTILITY BILLING, STATING THE CITY'S INTENT THAT THESE CLARIFICATIONS BE RETROACTIVE,AND AMENDING CHAPTERS 13.02 AND 13.05 OF THE PORT TOWNSEND MUNICIPAL CODE WHEREAS, the City has established its Water, Sewer, and Storm Drainage Utility rates and billing procedures in Title 13 of the Port Townsend Municipal Code ("PTMC"); and, WHEREAS, additionally, the City has provided for a reduced rate for low-income persons since at least 1988, the process for which is set out in Chapter 13.02 PTMC; and, WHEREAS, the City Council adopted Ordinance 3142 on December 14, 2015. This ordinance established a surcharge on stormwater rates, and revised the calculation of the low- income rates for water, sewer, and storm water from a sum certain to 50% of the otherwise- applicable rates; and, WHEREAS, in reviewing Chapters 13.02 and 13.05 PTMC while preparing Ordinance 3142, staff identified areas in which the code provisions related to establishing eligibility for the low-income rate, and other provisions related to billing procedures, could be clarified to reflect current City practice and to make the procedures more clear to the ratepayers; and, WHEREAS, staff has also identified areas in which ratepayers could be confused as to which of one or more provisions of Chapter 13.05 PTMC applied as it relates to whether a customer whose water service has been temporarily shut off for non-payment has "terminated" their service; and, WHEREAS, the City Council intends that the changes adopted in this Ordinance be considered remedial or procedural, and insofar as it is curative in nature, therefore should be applied retroactively to all existing utility accounts and bills. NOW THEREFORE,the City Council of the City of Port Townsend do ordain as follows: Section 1. Statement of Intent. a. The City Council finds and concludes that the provisions of Chapter 13.02 PTMC related to eligibility for the City's low-income utility program, and Chapter 13.05 PTMC related to utility billing, have been the subject of differing and contrary implementation and legal interpretation. b. Council intends by enactment of this Ordinance to affirm and clarify its intent related to the eligibility criteria for the low-income utility program as well to affirm and clarify the procedures related to, and effect of, a temporary water shut off. Ordinance 3145 Page 2 of 2 c. Council affirms that eligibility for low-income utility rates should be re-established once every twelve months. d. Council affirms that its water and sewer utility rate structure is based on a combination of base rates and surcharges, which generally pay for maintenance and construction of infrastructure, and consumption rates, which generally pay for operations; therefore, Council affirms its intent that customers whose water or sewer has been temporarily shut off should still be required to pay the base rates and surcharges. Section 2. Amendment. Chapter 13.02 of the Port Townsend Municipal Code is amended as set forth in Exhibit A. Section 3. Amendment. Chapter 13.05 of the Port Townsend Municipal Code is amended as set forth in Exhibit B. Section 4. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid,the remainder of the ordinance, or the application of the provision to other persons or circumstances is not affected. Section 5. Effective Date. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Adopted by the City Council of the City of Port Townsend, Washington, at a meeting thereof, held this 16th day of February, 2016. Deborah S. Stinson! Mayor Attest. Approved as to Form: Joanna Sanders, CMC Steven L. Gross City Clerk City Attorney Ordinance 3145 Exhibit A Page I of 3 EXHIBIT A Chapter 13.02 LOW-INCOME, LOW-INCOME DISABLED AND LOW-INCOME SENIOR CITIZEN UTILITY CREDIT RATE PROGRAM Sections: 13.02.010 Program established–Purpose–Administrative authority. 13.02.020 Low-income Utility credits rate–Eligibility–Requirements. 13.02.030 Low-income Utility""rate–Eligibility–Time limit. 13.02.040 Low-income Utility credits rate–issued as billing credits Ametmtspercentage designated. 13.02.050—Reyealed. Utility er-edits– Manner of issuanee 13.02.060—Repeated.Utility eredits Apportionment At 13.02.0570 Unlawful acts designated–Penalty. 13.02.010 Program established–Purpose–Administrative authority. A program for er-edits applying low-income rates to the billings for water, sewer and storm drainage utility services provided by the city for certain recipients of Supplemental Security Income (hereinafter SSI), Social Security Disability Income (hereinafter SSDI), pursuant to 42 United States Code, as now or hereafter amended, and certain other disabled and low-income persons as hereinafter defined, is established in order to provide necessary support for the poor and disabled. The city Finance Director is authorized and directed to administer the program and in such connection may promulgate forms and administrative regulations from time to time, to carry out the intent and purpose of this chapter. (Ord. 2579 § 1, 1997; Ord. 2490 § 1, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 1, 1988; Ord. 2110 § 1, 1988). 13.02.020 Low-Income Utility eredits rate–Eligibility–Requirements. A. To implement the program provided for in this chapter, a person is eligible to be charged low-income rate for utility services if that eredits shall be issued to eae person VA1e-shows satisfactory proof that he or she: 1. Meets the requirements of low-income, low-income disabled or low-income senior citizen as defined in Chapter 13.01 PTMC; and 2. Is a single occupant or the head of a household or the spouse of the head of the household; and 3. Resides in a dwelling unit served directly by the city's water, sewer or storm drainage utilities; and 4. Is billed or is the spouse of a person billed by the water, sewer or storm drainage utilities of the city; and 5. The applicant shall provide the city Finance Director with a current statement of eligibility for SSI, SSDI or such disability pension or proof of blindness and such statement shall not be more than three months old. Ordinance 3145 Exhibit A Page 2 of 3 B. Applicants,under oath or penalty of perjury, shall verify such information and provide such other data as are deemed appropriate, upon forms and in the manner determined by the city tr =Finance Director. (Ord. 2852 § 2, 2004; Ord. 2579 § 1, 1997; Ord. 2490 § 2, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 2, 1988; Ord. 2110 § 2, 1988). 13.02.030 Low-Income Utility credits rate-Eligibility-Time limit. A. Eligibility for the low-income utility er-editts-rate provided for by this chapter shall be for athe period of one ye June 1 through May 31 of each year, or so long as the applicant continues to be eligible for a-the low-income utility er-edit rate under the terms of PTMC 13.02.020,whichever period is shorter. Eligibility for the low-income utility rate may not be retroactively established.- B. The initial application for the low-income rate may be made at any time. After approval of the initial application, the low-income rate shall be effective from the billing cycle immediately followingthe he approval date until the next occurrence of May 31. ARenewal applications shall be made submitted not later than April 30th annually to-to renew eligibility for the low-income utility ereditsrate. -an -the eEli ibilit�r-edits shall expire on" May 31St -of each year.- C. Where the eeip ent a person eligible for the low-income-utility eredit rate either receives income during the year that disqualifies the whieh will no longer allow the recipient to be- eligible from eli ibilit , or the recipient is no longer disabled or otherwise eligible for the tAility ereditlow-income rate, such person shall immediately notify the Finance Director of such change in status to allow the low-income rate utility or-edit to be discontinued. D. Where a_person has been billed at the low utility eredit rate after that has been reeeive after person has become ineligible for that rate, a repayment of pastes the undercharge shall be made or shall be added to the current utility billing for such person. The City shall not recoup undercharges for billing cycles more than four years before the current billing cycle. (Ord. 2579 § 1, 1997; Ord. 2490 § 3, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 3, 1988; Ord. 2110 § 3, 1988). 13.02.040 Low-Income Utility eredits rates-issued as billing eredits Amounts Percentage designated. Effective January 1, 2016,persons qualified by the city treasufer-Finance Director as eligible recipient for the low-income utility er-editsrrate provided for in this chapter shall be granted- billed in ^��qn amount of 50% of the base rate and surcharge established for the Water, Sewer, and Storm Drainage Utilities; provided, L.,,.,,eyer-,that in no ease shall the amount of the billing eredit granted for a utility service exeeed the ametmt owing for-that setwiee.-Ther-e sha4l be no billing eredit f The low-income rate does not apply to veltffne consumption.charges for water. (Ord. 2852 § 1, 2004; Ord. 2579 § 1, 1997; Ord. 2490 § 4, 1995; Ord. 2344 § 1, 1993; Ord. 2110 § 4, 1988). 13.02.050 utility ered-its—Mannerefissun Ordinance 3145 Exhibit A Page 3 of 3 A. For qualified per-sons who reeeive a sewer-, watef or stet:fn drainage utility bill directly, the proper-eredit shall be made on the bill as a reduetion to the amount whieh would otherwise be B. For-qualified per-sons who do not reeeive a sewer-, water-or stofm drainage utility bill dir-eedy but who pay sueh utility ehar-ges indireetly as paft of their rental payment, the proper-er-edit shall- be made i the manner-determined by the e ty trees ,,.o,.Finance Director upon s tisfaeter-y proof in Nwiting that stteh utility ehar-ges in fa�are paid by the qualified per-son indir-eetly as paFt of th@ir-rertal-paym (O a 2579 § 1, 1997; Ord. 2490 § c�, i 995. Ord. 2344�i, 1993; Ord._2110 § 5, 1-988}Repealed. 13.02.060 Utility eredits—Apportionment Authority. The ,.;ty treasur-e.Finance Director is tt, ze to apportion the total amount of utility er-e its made to bills provided f in this ehapter. (Ord. 2579 § 1 1997. n,.,1 2490 § 6 1995. Ord 23 44 §1, 1T993; Ord. 21110 § Q, 1988}Repealed. 13.02.070050 Unlawful acts designated–Penalty. A. The following acts are unlawful: 1. To accept or receive any utility ered tthe low-income rate provided for by this chapter when or during such time that the person accepting or receiving the same is not eligible; 2. To make any false or untrue statement on any application, form or document filed to qualify for a utility credit, or to continue receiving utility credits under this chapter. B. Director's Authority. Whenever the finance director or his or her designee ("director") determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder,he or she is authorized to enforce the provisions of this chapter. C. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC,which are incorporated by reference as if set forth herein. (Ord. 2952 § 3,2008; Ord. 2579 § 1, 1997; Ord. 2490 § 7, 1995; Ord. 2110 § 7, 1988). Ordinance 3145 Exhibit B Page I of 20 EXHIBIT B Chapter 13.05 UTILITY RATES AND CHARG FEES Sections: 13.05.010 Purpose. 13.05.015 Definitions 13.05.020 Property owner liable for accounts. 13.05.030 Monthly water ratesfees. 13.05.040 Monthly sewer r-atesfees. 13.05.045 Repealed. 13.05.050 Monthly stormwater r-atesfees. 13.05.055 Boat Haven—Exemption from stormwater fees. 13.05.060 Repealed. 13.05.070 Commercial and industrial accounts—Deposits. 13.05.080 Bills—Preparation, delivery. 13.05.090 Utility bills—When delinquent—Late payment charge established. 13.05.100 Utility charges are a lien against property—Water shut-off—Notice and appeal provisions. 13.05.110 Termination of utility service to rented dwellings—Tenant's rights and obligations. 13.05.120 Satisfaction of unrecorded utility liens upon the sale of real property. 13.05.130 Deferred payment. 13.05.140 Partial payment to be prorated. 13.05.150 Contracts for use in special cases. 13.05.160 Payment of base rate—Abandonment of meter. 13.05.170 Customer leak repair and bill adjustment. 13.05.180 Overpayments and Refunds. 13.05.010 Purpose. The purpose of this chapter is to identify Mees for water,sewer-sewer, and stormwater service,provide effective methods and remedies for dealing with cases of nonpayment or late payment of utility bills and to update the city's billing procedures, to thereby protect the financial resources of the city and the rate-paying public. 13.05.015 Definitions. For purposes of this Chapter, the following terms have the meaning as defined in this Section, unless the context in which the term is used clearly establishes a different meaning, A. "Base Rate"or"Operational and Maintenance (O&M) Rate" or"Monthly Fixed Rate" means a monthly fixed fee billed to each utility account regardless of whether a volume charge is currently billed. B. "Service"means that the property is physically connected to either the City's water or sewer systems or that the property is eligible to be charged a stormwater fee and for which a utility account is established with the City. For purposes of this Chapter, "service" may only be terminated by permanently physically removing the water meter or permanently physically Ordinance 3145 Exhibit B Page 2 of 20 capping the side sewer connection to the main sewer. A temporary shut-off of water or sewer does not constitute termination of service. C. "Surcharge" means a fee billed to each utility account other than the base rate or volume charge the use of which is specifically established by the City Council. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.020 Property owner liable for accounts. Except as provided in PTMC 13.05.110, in all cases of utility service to residential or commercial rental property, the property owner shall be liable for the payment of the utility account, and the property owner shall be listed as the customer to whom service is provided, except that accounts may be billed to the tenant if the landlord so requests in writing. In such cases,the landlord remains responsible in the event of nonpayment by the tenant and any unpaid eharges-fees remain a lien on the premises. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.030 Monthly water ratesfees. The following meat ly rate fees shall be charged by the city and collected by the finance director for the use and furnishing of water�erviEe, and for the construction, maintenance, and operation of the water system infrastructure. ,aAll such rates fees and eharges are to be made billed and paid on a monthly basis. Those rates will be for-< ater usage stafting o antiar-y 1, 2016, anbilled; subsequent months: A. Meter ChargeBase Rate. All properties physically connected to the City's water s_ sy temused, except those metered for closed connection for fire protection, shall be metered. shall pay a base rate. The base rate is Monthly se eharRos and standby fes shall be base determined by-on meter size and the quantity of water provided to the eustoffief and shall be paid regardless of whether-the service off The metef ehafge shall according to on-the schedule at the en of adopted by this section. A manifold meter installed for irrigation purposes only shall not be subject to a separate meter eharge base rate in addition to the-that charged for the main service meter.-Stand-alone irrigation meters shall be subject to the base rate. B. Where a meters for a residential customers that is larger than five-eighths inch byto three- quarters inch have has been installed for the convenience of the city,the customer shall be assessed a meter charge base rate only for the thfee ,,,,mors ineh mlethe size of the meter what would have been installed if the City had not requested a larger meter. The City's Public Works Department shall provide the Finance Department the information as to what size meter would have been installed if the City had not requested a larger meter. C. Volume Charges. 1 Repealed by, 01'r-4 52 . ...All properties physically connected to the City's water system that are actually receiving water shall pay a volume charge according to the schedule adopted by this section. If water has been temporarily shut off, the property shall not be billed a volume charge. 2. Meter reading shall be done on a monthly basis. Should there be a period during which meter readings cannot be obtained under a normal reading schedule,the volume charge shall be calculated by averaging the prior consumption for the two months immediately preceding the period for which a meter reading cannot be obtained. Charges for the next month during which actual meter readings are taken shall be adjusted for the difference between the average and the actual metered volume for the two-month period involved together with the Ordinance 3145 Exhibit B Page 3 of 20 appropriate meter rate. Where there is a circumstance which, in the reasonable judgment of the finance director, would make the volume charge calculation erroneous, the volume charge shall be established under such other method as the finance director deems reasonable and fair. D. Capital Surcharge. All properties physically connected to the City's water system shall pay a monthly capital surcharge according to the schedule adopted by this section. Water Charge Nolethed. P&tor-reading sha4l be 00 -- basis, E. Rates for-eustomer-s otAside the eity eorpor-ate limits shall be the same as inside eity (per- �n� Repealed. F. Repealed by Ord. 2953. Existing Rate Structure Monthly Inside City Outside City Fixed Charge- Volume All 0&M Capital Capital Charges per Inside Outside Classes Rate Surcharge Total 0&M Rate Surcharge Total 1,000 Gallons City City 5/8" to $7.78 $0.00 $7.78 $9.49 $0.00 $9.49 Low-Income $2.06 $2.22 3/4" (Low- Income) 5/8" to $14.57 $0.00 $14.57 $16.07 $0.00 $16.07 Residential $2.06 $2.22 3/4" (Including Duplexes) 1" $36.44 $0.00 $36.44 $40.17 $0.00 $40.17 Multi-Family $1.60 $1.72 (3 or More Units) 1-1/2" $72.87 $0.00 $72.87 $80.34 $0.00 $80.34 Commercial A $2.37 $2.55 (Meter<- 2") 2" $116.60 $0.00 $116.60 $128.54 $0.00 $128.54 Commercial B $3.57 (Meter>- 3") 3" $218.62 $0.00 $218.62 $241.02 $0.00 $241.02 Government $3.09 4" $364.36 $0.00 $364.36 $401.70 $0.00 $401.70 Irrigation: 6" $728.73 $0.00 $728.73 $803.40 $0.00 $803.40 Winter $2.47 $2.72 (November- April) 8" $1,165.9 $0.00 $1,165. $1,285.44 $0.00 $1,285.44 Summer(May $4.33 $4.76 6 96 -October) Ordinance 3145 Exhibit B Page 4 of 20 Rates Effective August 2013 Monthly Inside City Outside City Fixed Volume Charge- Charges per All Capital Capital 1,000 Inside Outside Classes 0&M Rate Surcharge Total 0&M Rate Surcharge Total Gallons City City 5/8" to $8.95 $2.67 $11.62 $10.74 $3.20 $13.94 Low-Income $2.37 $2.84 3/4" (Low- Income) 5/8" to $16.76 $5.00 $21.76 $20.11 $6.00 $26.11 Residential $2.37 $2.84 3/4" (Including Duplexes) 1" $41.91 $5.00 $46.91 $50.29 $6.00 $56.29 Multi-Family $1.84 $2.21 (3 or More Units) 1-1/2" $83.80 $5.00 $88.80 $100.56 $6.00 $106.56 Commercial $2.73 $3.27 A (Meter<- 2") 2" $134.09 $5.00 $139.09 $160.91 $6.00 $166.91 Commercial $4.11 $4.93 B (Meter>- 3") 3" $251.41 $5.00 $256.41 $301.70 $6.00 $307.70 Government $3.55 $4.26 4" $419.01 $5.00 $424.01 $502.82 $6.00 $508.82 Irrigation: 6" $838.04 $5.00 $843.04 $1,005.65 $6.00 $1,011.05 Winter $2.84 $3.41 (November- April) 8" $1,340.85 $5.00 $1,345.85 $1,609.02 $6.00 $1,615.02 Summer $4.98 $5.98 (May- October) Ordinance 3145 Exhibit B Page 5 of 20 Rates Effective January 2014 Monthly Inside City Outside City Fixed Volume Charge Charges -All 0&M Capital 0&M Capital per 1,000 Inside Outside Classes Rate Surcharge Total Rate Surcharge Total Gallons City City 5/8" to $9.48 $6.41 $15.89 $11.38 $7.69 $19.07 Low-Income $2.51 $3.01 3/4" (Low- Income) 5/8" to $17.76 $12.00 $29.76 $21.31 $14.40 $35.71 Residential $2.51 $3.01 3/4" (Including Duplexes) V $44.42 $12.00 $56.42 $53.30 $14.40 $67.70 Multi-Family $1.95 $2.34 (3 or More Units) 1-1/2" $88.83 $12.00 $100.83 $106.59 $14.40 $120.99 Commercial $2.89 $3.47 A (Meter<- 2") 2" $142.14 $12.00 $154.14 $170.56 $14.40 $184.96 Commercial $4.35 $5.22 B (Meter>- 3") 3" $266.50 $12.00 $278.50 $319.80 $14.40 $334.20 Government $3.77 $4.52 4" $444.15 $12.00 $456.15 $532.99 $14.40 $547.39 Irrigation: 6" $888.32 $12.00 $900.32 $1,065.99 $14.40 $1,080.39 Winter $3.01 $3.61 (November -April) 8" $1,421.31 $12.00 $1,433.31 $1,705.57 $14.40 $1,719.97 Summer $5.28 $6.33 (May- October) Ordinance 3145 Exhibit B Page 6 of 20 Rates Effective January 2015 Monthly Inside City Outside City Fixed Volume Charge Charges -All 0&M Capital 0&M Capital per 1,000 Inside Outside Classes Rate Surcharge Total Rate Surcharge Total Gallons City City 5/8" to $9.77 $9.61 $19.38 $11.72 $11.53 $23.26 Low-Income $2.59 $3.10 3/4" (Low- Income) 5/8" to $18.29 $18.00 $36.29 $21.95 $21.60 $43.55 Residential $2.59 $3.10 3/4" (Including Duplexes) 1" $45.75 $18.00 $63.75 $54.90 $21.60 $76.50 Multi-Family $2.01 $2.41 (3 or More Units) 1-1/2" $91.49 $18.00 $109.49 $109.79 $21.60 $131.39 Commercial $2.98 $3.57 A (Meter<- 2") 2" $146.40 $18.00 $164.40 $175.68 $21.60 $197.28 Commercial $4.48 $5.38 B (Meter>_ 3") 3" $274.49 $18.00 $292.49 $329.39 $21.60 $350.99 1 Government $3.88 $4.66 4" $457.48 $18.00 $475.48 $548.98 $21.60 $570.58 Irrigation: 6" $914.97 $18.00 $932.97 $1,097.97 $21.60 $1,119.57 Winter $3.10 $3.72 (November -April) 8" $1,463.94 $18.00 $1,481.94 $1,756.73 $21.60 $1,778.33 Summer $5.44 $6.52 (May- October) Ordinance 3145 Exhibit B Page 7 of 20 Rates Effective January 2016 Monthly Inside City Outside City Fixed Volume Charge Charges -All 0&M Capital 0&M Capital per 1,000 Inside Outside Classes Rate Surcharge Total Rate Surcharge Total Gallons City City 5/8" to $10.06 $9.61 $19.67 $12.07 $11.53 $23.61 Low-Income $2.66 $3.20 3/4" (Low- Income) 5/8" to $18.84 $18.00 $36.84 $22.61 $21.60 $44.21 Residential $2.66 $3.20 3/4" (Including Duplexes) 1" $47.13 $18.00 $65.13 $56.55 $21.60 $78.15 Multi-Family $2.07 $2.48 (3 or More Units) 1-1/2" $94.24 $18.00 $112.24 $113.09 $21.60 $134.69 Commercial $3.06 $3.68 A (Meter<- 2") 2" $150.79 $18.00 $168.79 $180.95 $21.60 $202.55 Commercial $4.62 $5.54 B (Meter>_ 3") 3" $282.73 $18.00 $300.73 $339.27 $21.60 $360.87 Government $4.00 $4.80 4" $471.20 $18.00 $489.20 $565.44 $21.60 $587.04 Irrigation: 6" $942.42 $18.00 $960.42 $1,130.90 $21.60 $1,152.50 Winter $3.19 $3.83 (November -April) 8" $1,507.86 $18.00 $1,525.86 $1,809.44 $21.60 $1,831.04 Summer $5.60 $6.72 (May- October) Ordinance 3145 Exhibit B Page 8 of 20 Rates Effective January 2017 Monthly Inside City Outside City Fixed Volume Charge Charges -All 0&M Capital 0&M Capital per 1,000 Inside Outside Classes Rate Surcharge Total Rate Surcharge Total Gallons City City 5/8" to $10.26 $9.61 $19.87 $12.32 $11.53 $23.85 Low-Income $2.72 $3.26 3/4" (Low- Income) 5/8" to $19.22 $18.00 $37.22 $23.06 $21.60 $44.66 Residential $2.72 $3.26 3/4" (Including Duplexes) 1" $48.07 $18.00 $66.07 $57.68 $21.60 $79.28 Multi-Family $2.11 $2.53 (3 or More Units) 1-1/2" $96.12 $18.00 $114.12 $115.35 $21.60 $136.95 Commercial $3.13 $3.75 A(Meter_< 2") 2" $153.81 $18.00 $171.81 $184.57 $21.60 $206.17 Commercial $4.71 $5.65 B (Meter>- 3") 3" $288.38 $18.00 $306.38 $346.06 $21.60 $367.66 Government $4.08 $4.89 4" $480.63 $18.00 $498.63 $576.75 $21.60 $598.35 Irrigation: 6" $961.27 $18.00 $979.27 $1,153.52 $21.60 $1,175.12 Winter $3.26 $3.91 (November -April) 8" $1,538.02 $18.00 $1,556.02 $1,845.62 $21.60 $1,867.22 Summer $5.71 $6.85 (May- October) Ordinance 3145 Exhibit B Page 9 of 20 Rates Effective January 2018 Monthly Inside City Outside City Fixed Volume Charge Charges -All 0&M Capital 0&M Capital per 1,000 Inside Outside Classes Rate Surcharge Total Rate Surcharge Total Gallons City City 5/8" to $10.47 $12.82 $23.28 $12.56 $15.38 $27.94 Low-Income $2.77 $3.33 3/4" (Low- Income) 5/8" to $19.60 $24.00 $43.60 $23.52 $28.80 $52.32 Residential $2.77 $3.33 3/4" (Including Duplexes) 1" $49.03 $24.00 $73.03 $58.84 $28.80 $87.64 Multi-Family $2.15 $2.58 (3 or More Units) 1-1/2" $98.05 $24.00 $122.05 $117.65 $28.80 $146.45 Commercial $3.19 $3.83 A (Meter<- 2") 2" $156.88 $24.00 $180.88 $188.26 $28.80 $217.06 Commercial $4.80 $5.76 B (Meter>- 3") 3" $294.15 $24.00 $318.15 $352.98 $28.80 $381.78 Government $4,16j $4.99 4" $490.24 $24.00 $514.24 $588.29 $28.80 $617.09 Irrigation: 6" $980.49 $24.00 $1,004.49 $1,176.59 $28.80 $1,205.39 Winter $3.32 $3.99 (November -April) 8" $1,568.78 $24.00 $1,592.78 $1,882.54 $28.80 $1,911.34 Summer $5.83 $6.99 (May- October) (Ord. 3090 § 1 (Exh. A), 2013; Ord. 3071 § 1 (Exh. A), 2012; Ord. 2974 § 1, 2008; Ord. 2953 § 1, 2007; Ord. 2851 § 1, 2004; Ord. 2846 § 1, 2003; Ord. 2803 § 1, 2002; Ord. 2756 § 1, 2001; Ord. 2719 § 1, 1999; Ord. 2710 § 1, 1999; Ord. 2658 § 1, 1998; Ord. 2622 § 1, 1997; Ord. 2609 § 3, 1997; Ord. 2579 § 1, 1997; Ord. 2496 § 1, 1995; Ord. 2488 § 1, 1995; Ord. 2445 § 1, 1995; Ord. 2434 § 2, 1994; Ord. 2389 § 1, 1993; Ord. 2381 § 1, 1993; Ord. 2341 § 1, 1993; Ord. 2289 § 2, 1992; Ord. 2068 § 2, 1987; Ord. 1979 § 4, 1983; Ord. 1941 § 2, 1982; Ord. 1830 § 1, 1979; Ord. 1789 § 2, 1977; Ord. 1601 § 4, 1970; Ord. 1471 § 1, 1965; Ord. 1372 § 1, 1959; Ord. 1172 § 1, 1944; Ord. 1110 § 22, 1939). Ordinance 3145 Exhibit B Page 10 of 20 13.05.040 Monthly sewer rates. The following fees shall be charged by the city and collected by the finance director for the use and furnishing of sewer, and for the construction, maintenance, and operation of the sewer system infrastructure. All such fees shall be billed and paid on a monthly basis. A. Base Rate. All properties physically connected to the City's sewer system shall pay a base rate. The base rate is determined either by water usage or meter size according to the schedule adopted by this section. B. Volume Charge. All properties physically connected to the City's sewer system that are actually receiving water shall pay a volume charge according to the schedule adopted by this section. If water or sewer has been temporarily shut off, the property shall not be billed a volume charge. C. Capital Surcharge. All properties physically connected to the City's sewer system shall pay a monthly capital surcharge according to the schedule adopted by this section. D. Industrial and Contract Customers. The city may establish fees for industrial and large usage customers that have unique or special use characteristics. The fees shall be based on existing contract conditions, costs of service including waste volume and strength, and such other factors deemed relevant in establishing reasonable fees in the judgment of the director of public works. E. For all classes of sewer users subject to metered rates, should there be a period during which meter readings cannot be obtained under a normal reading schedule, the volume charge shall be calculated by averaging the prior consumption for the two months immediately preceding the period for which a meter reading cannot be obtained. Charges for the next month during which the actual meter reading is taken shall be adjusted for the difference between the average and the actual metered volume for the two-month period involved, together with the appropriate meter rate. Where there is a circumstance which, in the reasonable judgment of the finance director, would make the volume charge calculation erroneous, the volume charge shall be established under such other method as the finance director deems reasonable and fair. (Ord. 3090 § 1 (Exh. B), 2013; Ord. 3071 § 1 (Exh. A), 2012; Ord. 2974 § 1, 2008; Ord. 2953 § 1, 2007; Ord. 2851 1, 2004; Ord. 2846 § 1, 2003; Ord. 2719 § 2, 1999; Ord. 2622 § 2, 1997; Ord. 2579 § 1, 1997; Ord. 2556 § 1, 1996; Ord. 2489 § 1, 1995, Ord. 2434 § 1, 1994; Ord. 2382 § 1, 1993; Ord. 2342 § 1, 1993; Ord. 2302 § 1, 1992; Ord. 2287 §2, 1992; Ord. 2063 § 1, 1987; Ord. 2055 § 1, 1986; Ord. 2026 § 1, 1986; Ord. 1980 § 2, 1983; Ord. 1942 § 3, 1982; Ord. 1872 § 1, 1980; Ord. 1791 § 1, 1977; Ord. 1657 § 1, 1973; Ord. 1508 § 3, 1967). Ordinance 3145 Exhibit B Page 11 of 20 Existing Rate Structure Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons Low-Income Low-Income (N/A) Water Use <-3,000 Gallons per $23.72 $0.00 $23.72 Residential (N/A) Month (Including Duplexes) Water Use >3,000 Gallons per $28.74 $0.00 $28.74 Multi-Family(3 $3.45 Month or More Units) Residential (Including Duplexes) Commercial A $4.65 (Meter:5 2") Water Use <_3,000 Gallons per $33.85 $0.00 $33.85 Commercial B $3.05 Month (Meter>-3") Water Use > 3,000 Gallons per $41.85 $0.00 $41.85 Government $4.55 Month Multi-Family&Commercial: 5/8" to 3/4" $30.00 $0.00 $30.00 1" $45.00 $0.00 $45.00 1-1/2" $75.00 $0.00 $75.00 2" $115.00 $0.00 $115.00 3" $420.00 $0.00 $420.00 4" $470.00 $0.00 $470.00 6" $700.00 $0.00 $700.00 8" $960.00 $0.00 $960.00 Rates Effective August 2013 Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons Low-Income Low-Income (N/A) Water Use<_3,000 Gallons per $23.72 $2.10 $25.82 Residential (N/A) Month (Including Duplexes) Water Use >3,000 Gallons per $28.74 $2.10 $30.84 Multi-Family $3.45 Month (3 or More Units) Ordinance 3145 Exhibit B Page 12 of 20 Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons Residential (Including Duplexes) Commercial A $4.65 (Meter<2") Water Use <_3,000 Gallons per $33.85 $3.00 $36.85 Commercial B $3.05 Month (Meter> 3") Water Use > 3,000 Gallons per $41.85 $3.00 $44.85 Government $4.55 Month Multi-Family &Commercial: 5/8" to 3/4" $30.00 $3.00 $33.00 1" $45.00 $3.00 $48.00 1-1/2" $75.00 $3.00 $78.00 2" $115.00 $3.00 $118.00 3" $420.00 $3.00 $423.00 4" $470.00 $3.00 $473.00 6" $700.00 $3.00 $703.00 8" $960.00 $3.00 $963.00 Rates Effective January 2014 Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons Low-Income Low-Income (N/A) Water Use:5 3,000 Gallons per $23.72 $2.10 $25.82 Residential (N/A) Month (Including Duplexes) Water Use > 3,000 Gallons per $28,74 $2.10 $30.84 Multi-Family(3 $3.45 Month or More Units) Residential (Including Duplexes) Commercial A $4.65 (Meter<_ 2") Water Use <-3,000 Gallons per $33.85 $3.00 $36.85 Commercial B $3.05 Month (Meter>_ 3") Water Use > 3,000 Gallons per $41.85 $3.00 $44.85 Government $4.55 Month Multi-Family &Commercial: 5/8" to 3/4" 1 $30.00 $3.00 $33.00 Ordinance 3145 Exhibit B Page 13 of 20 Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons 1" $45.00 $3.00 $48.00 1-1/2" $75.00 $3.00 $78.00 2" $115.00 $3.00 $118.00 3" $420.00 $3.00 $423.00 4" $470.00 $3.00 $473.00 6" $700.00 $3.00 $703.00 8" $960.00 $3.00 $963.00 Rates Effective January 2015 Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons Low-Income Low-Income (N/A) Water Use <-3,000 Gallons per $23.72 $2.10 $25.82 Residential (N/A) Month (Including Duplexes) Water Use> 3,000 Gallons per $28.74 $2.10 $30.84 Multi-Family (3 $3.45 Month or More Units) Residential (Including Duplexes) Commercial A $4.65 (Meter:5 2") Water Use <_3,000 Gallons per $33.85 $3.00 $36.85 Commercial B $3.05 Month (Meter>-3") Water Use>3,000 Gallons per $41.85 $3.00 $44.85 Government $4.55 Month Multi-Family&Commercial: 5/8" to 3/4" $30.00 $3.00 $33.00 1" $45.00 $3.00 $48.00 1-1/2" $75.00 $3.00 $78.00 2" $115.00 $3.00 $118.00 3" $420.00 $3.00 $423.00 4" $470.00 $3.00 $473.00 6" $700.00 $3.00 $703.00 8" $960.00 $3.00 $963.00 Ordinance 3145 Exhibit B Page 14 of 20 Rates Effective January 2016 Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons Low-Income Low-Income (N/A) Water Use<_3,000 Gallons per $23.72 $2.10 $25.82 Residential (N/A) Month (Including Duplexes) Water Use > 3,000 Gallons per $28.74 $2.10 $30.84 Multi-Family(3 $3.45 Month or More Units) Residential (Including Duplexes) Commercial A $4.65 (Meter<_ 2") Water Use <_3,000 Gallons per $33.85 $3.00 $36.85 Commercial B $3.05 Month (Meter>_3") Water Use > 3,000 Gallons per $41.85 $3.00 $44.85 Government $4.55 Month Multi-Family &Commercial: 5/8" to 314" $30.00 $3.00 $33.00 1" $45.00 $3.00 $48.00 1-1/2" $75.00 $3.00 $78.00 2" $115.00 $3.00 $118.00 3" $420.00 $3.00 $423.00 4" $470.00 $3.00 $473.00 6" $700.00 $3.00 $703.00 8" $960.00 $3.00 $963.00 Rates Effective January 2017 Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons Low-Income Low-Income (N/A) Water Use<_3,000 Gallons per $23.72 $2.10 $25.82 Residential (N/A) Month (Including Duplexes) Ordinance 3145 Exhibit B Page 15 of 20 Water Use> 3,000 Gallons per $28.74 $2.10 $30.84 Multi-Family(3 $3.45 Month or More Units) Residential (Including Duplexes) Commercial A $4.65 (Meter<_ 2") Water Use <_3,000 Gallons per $33.85 $3.00 $36.85 Commercial B $3.05 Month (Meter>_ 3") Water Use >3,000 Gallons per $41.85 $3.00 $44.85 Government $4.55 Month Multi-Family&Commercial: 5/8" to 3/4" $30.00 $3.00 $33.00 1" $45.00 $3.00 $48.00 1-1/2" $75.00 $3.00 $78.00 2" $115.00 $3.00 $118.00 3" $420.00 $3.00 $423.00 4" $470.00 $3.00 $473.00 6" $700.00 $3.00 $703.00 8" $960.00 $3.001$963.001 Rates Effective January 2018 Monthly Fixed Charge-All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons Low-Income Low-Income (N/A) Water Use<_3,000 Gallons per $24.43 $2.10 $26.53 Residential (N/A) Month (Including Duplexes) Water Use >3,000 Gallons per $29.60 $2.10 $31.70 Multi-Family (3 $3.55 Month or More Units) Residential (Including Duplexes) Commercial A $4.79 (Meter<_ 2") Water Uses 3,000 Gallons per $34.87 $3.00 $37.87 Commercial B $3.14 Month (Meter>_ 3") Water Use > 3,000 Gallons per $43.11 $3.00 $46.11 Government $4.69 Month Multi-Family&Commercial: 5/8" to 3/4" 1 $30.90 $3.00 $33.90 Ordinance 3145 Exhibit B Page 16 of 20 Monthly Fixed Charge—All 0&M Capital Volume Charges per 1,000 Classes Rate Surcharge Total Gallons 1" $46.35 $3.00 $49.35 1-1/2" $77.25 $3.00 $80.25 2" $118.45 $3.00 $121.45 3" $432.60 $3.00 $435.60 4" $484.10 $3.00 $487.10 6" $721.00 $3.00 $724.00 8" $988.80 $3.00 $991.80 A. Repealed 1.,� Ord 29-53- B. Repealed by Ord 2953. C Repealed b,, Ord 2953. large user eustomer-s that have uni .a!use ehafaeter-isties. The rates and ehar-ges shall. be based on existing eentmet een4iens' e'ests of serviee ineluding waste volume and and sueh other-faeter-s deemed relevant in establishing reasonable futes and sen4ees in the judgment of the direeter- of publie works. E. Fof a4l elasses of users subjeet to metered fates, should there be a period dufing whieh meter- readings eannot be obtained under-a nefmal reading sehedule, the volume ehar-ge shall be ealettlated by m,er-aging the pfier-eensumption for-the two months immediately pr-eeeding the period for-whieh a meter-reading eannot be obtained. Charges for-the next month dufing Whieh the aeWal meter-reading is taken sha4l be adjusted for-the diff-er-enee between the aver-age and the- aetual meter-ed volume for-the two month period involved, together-with the appropriate me rate. Where there is a eir-eumstanee > , would make thevolume eharge ealettlation effeneous, the volume ehafge shall be established tinder- sueh other-fnethed as the finanee dir-eeter-deems reasonable and fak. (Ord. 3090 § 1 ( B),, 2013; Ord. 3071 1 § 1 (E i, A), 2012; Ord. 2974 § 1, 2008; Ord. 2953 § 1, 2007; Ord. 285 1 § r wi 2579 § 7 1 2946 § 7 2719 § 7 7 2622 § 7 1 7 ; 2382 § 1993; Ord. 2342 1 7 2489 § 7 7 2434 § ) 1 7 R 1 1002• Ofd. 7207 !. 1 1007• n A I)Q I 7 1007• Ofd. 2063 A l 1047• n.,1 7055 § 1 1986; 1 ; 1942 § , ; Ord. 1872 § , , Ord. 1791 § 1 1977; n,.,1 1657 § 1 1973--, 0.—'. 1 Sn4 13.05.045 Rate increase to compensate for changes to utility credit program. Repealed by Ord. 2953. (Ord. 2852 § 3, 2004). 13.05.050 Monthly stormwater rates. A. Single-Family Residential Fees. The monthly service fee for each single-family dwelling shall be $7.25; provided, that the impervious surface on the lot shall not exceed 3,000 square feet. If the impervious surface exceeds 3,000 square feet, the rate established in subsection B of this section shall apply. B. Commercial/Multifamily and All Other Fees. The monthly fee for all other property within the city not covered by subsection A of this section shall be according to the following formula: (Impervious area/3,000 sq. ft.)x single-family rate =monthly fee. Ordinance 3145 Exhibit B Page 17 of 20 C. State Highway Charge. Pursuant to RCW 90.03.525, the city may charge a monthly fee for state highway right-of-way. (Ord. 2953 § 1, 2007; Ord. 2934 § 1, 2006; Ord. 2622 § 3, 1997; Ord. 2579 § 1, 1997; Ord. 2274 § 1, 1991; Ord. 2071 § 2, 1987; Ord. 2065 § 1, 1987; Ord. 2054 §§ 2, 4, 1986). 13.05.055 Boat Haven—Exemption from stormwater fees. Because the port at Boat Haven has its own stormwater system that is independent of the city's system, and the city's system does not handle stormwater which originates on the port property from the port or its tenants, and because the port is required to maintain its separate Boat Haven stormwater system consistent with legal requirements, the port's Boat Haven property and its tenants at Boat Haven are exempt from the city's stormwater utility fees. "Boat Haven" means property that is zoned M-II(A) (Boat Haven) marine-related uses. (Ord. 3082 § 1, 2012). 13.05.060 Stormwater reserve capacity charges. Repealed by Ord. 2708A. (Ord. 2579 § 1, 1997; Ord. 2054 § 8, 1986). 13.05.070 Commercial and industrial accounts—Deposits. A. At the time a commercial or industrial account is requested and before it is authorized, the city finance director may require the person requesting services to make a deposit with the city. B. Such deposit will normally be based on one month's estimated utility charges for the business type for which services are requested. C. Nothing in this chapter shall prevent the city requiring additional or new deposits when conditions such as chronic delinquencies warrant. This additional deposit will cause the total deposit to equal twice the customer's highest bill. D. A deposit, once established, may be refunded in whole or in part to the person or credited to the account of that person upon receipt by the city of the person's prior utility credit rating deemed suitable by the city finance director or designee to assure with certainty that the account with the city will not become delinquent. In the absence of such assurance, the deposit may be retained by the city until a customer discontinues service. The city will apply such deposit to fully pay any remaining charges on the account. Under no circumstances shall any part of the deposit be used as payment for charges until an account has been finalized and all services have been discontinued. If circumstances such as timely payment history warrant,the city finance director may, by determining that the city is assured with certainty that an account will not become delinquent, release all or part of the deposit to the depositor upon request prior to discontinuance of service; provided, however,that no such refund will occur without the customer having a good payment history with the city for at least 12 months from the time of deposit. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.080 Bills—Preparation, delivery. A. The city finance director shall establish and maintain a monthly system of billing for utilities provided or billed by the city. The billing shall be a consolidated billing for all utilities. B. Once prepared, this bill shall be delivered to the customer, by deposit in the regUla _United States mail-or by electronic nic ans as established by the Finance f)i ector, addressed to the address shown on the application for utility service submitted by the customer to the city or on any change of address submitted by the consumer to the city. C. Deposit in the United States mail pursuant to subsection B of this section shall be deemed full and complete notice to the consumer of the nature and amount of any particular utility billing. D. All utility bills are due and payable without further notice, when properly deposited by the city in the United States mail. Ordinance 3145 Exhibit B Page 18 of 20 E. When service is temporarily shut-off, or diseent4medterminated by removal of the water meter or capping of the side sewer, the customer is responsible for payment of all outstanding utility bills. F. The city finance director is authorized to promulgate rules and policies for the implementation of this chapter. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.090 Utility bills—When delinquent—Late payment charge established. A. Utility bills for which payment is not filed and received by the twentieth of the month shall be considered delinquent. Payment by the customer occurs when the payment is filed and received. Payment is deemed filed and received by the city on the date shown by the post office cancellation mark stamped on the envelope. Delinquent accounts will be assessed a minimum penalty of$5.00 or one and one-half percent of the outstanding balance per month. B. In all cases the city finance director has the discretion to consider a deferred payment plan in accordance with PTMC 13.05.130. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.100 Utility charges are a lien against property—Water shut-off—Notice and appeal provisions. A. Lien and Collection Rights. Except as otherwise provided in this chapter, all utility rates shall be charged against the premises for which the service is installed. All utility charges which become delinquent and unpaid shall be a lien against the premises for which the service is installed. This lien may be enforced by all means available at law or in equity. In addition,the city can collect the money owed by using all legal means available for the collection of a debt, including but not limited to use of a collection agency, or by filing a collection action in small claims court or superior court. B. Water Shut-Off Notice. Pursuant to state law(RCW 35.21.290 through 35.21.300)the city may tie temporarily shut off water utility so, nee to a customer who is delinquent in paying his or her water bill. Temporarily shutting off the water does not constitute termination of water service. Prior to*om inatio o f serA- etemporarily shutting off the water, the city shall send the customer a water shut-off notice, stating that if all delinquencies are not paid by the date identified in the notice,the city will diseontinue temporarily shut off water sefviee-without further notice on or after a date certain to be stated in the notice. The water shut-off notice shall state that all base rates still apply during the period the water is temporarily shut-off. The water shut-off notice shall further state that if the customer has questions or concerns concerning the utility bill, he or she may request an informal hearing before the city finance director, at the address and telephone number stated in the notice, and shall inform the customer of any appeal rights of the decision of the city finance director. Any request for an informal hearing before the city finance director must be made at least seven days prior to the date of the shut-off notice. 1. The city finance director shall have the authority to review the facts, to correct any errors in the billing, and to arrange for credit payment terms pursuant to this chapter. 2. The city finance director's decision may be appealed pursuant to Chapter 1.14 PTMC; provided,however,that no appeal filing fee shall be charged. 3. Restoration of Water iee-to the Premises. Except as otherwise provided in this chapter, water sere shall not be reeonneeted restored until all arrears, delinquent and unpaid charges, late payment fees,the water turn-on fee, and any required deposits are paid; provided,however, that pursuant to RCW 35.21.290 and 35.21.300, water sefviee-must be restored to the premises if the last four months of water bills are paid. All other remedies available at law or in equity may be used to collect the remainder of the delinquent charges. Ordinance 3145 Exhibit B Page 19 of 20 C. Delinquent Sewer and Stormwater Charges. The city shall have and may exercise all of those powers for collection of delinquent sewer and stormwater charges as set forth in the sewer lien foreclosure statutes,RCW 35.67.200 through 35.67.280. As an additional and concurrent method of enforcing such liens,the city may also shut off water to the premises to which such sewer and stormwater service was furnished in order to enforce payment of a delinquent sewer and stormwater bill, as provided for by RCW 35.67.290. D. City Finance Director Authority. The city finance director is authorized to promulgate further rules and policies for the implementation of this section. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.110 iscontin uation of utility services to rented dwellings —Tenant's rights and obligations. A.Notice of termination of that utility services, whether voluntary(requested by property owner) or involuntary (for nonpayment of utility charges), may be temporarily discontinued shall be provided to both the owner and occupant of the premises, if the owner does not reside there. Notice to the occupant may be provided by-ielu �the ctscr� _mailin the ed- notice to the occupant of the premises by regular mail, or postigg the ed-notice on the property.:_ Temporary discontinuation of utility services to rented dwellings does not constitute termination of utility services, and base rates and sucharges shall continue to apply. B. When a rented dwelling for which a delinquent utility bill is owed is occupied by a tenant, but the utility account is in the landlord's name and the account is not billed to the tenant for payment, pursuant to DTMG 13.05.020, 2no +v,.,,,inat;^„ of Water serve-will not be discontinued ocetw-unless the tenant is first provided an opportunity to place the account in his or her own name without incurring any liability for the landlord's delinquent bill. If service is terminated discontinued before the tenant has exercised this right,the tenant can have water restored without liability for the delinquent bill by applying to place the account in his or her name for future service, and by paying the published reconnection charges. C. A new tenant shall not be refused water service because of a prior tenant's failure to pay a utility bill. D. A tenant's unpaid balance from an existing account may be transferred to a new account if the tenant moves to an address within the city's utility service area;provided, however,that the transferred balance remains a lien against the premises where the liability was incurred and not on the new premises. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.120 Satisfaction of unrecorded utility liens upon the sale of real property. Effective January 1, 1997,upon the sale of property with unpaid charges,the city's lien rights shall be as specified in Chapter 60.80 RCW. That law generally provides that closing agents must request a final billing from all defined utilities,which includes the city utilities. The city is required to provide the closing agent with an estimated or actual final billing within a specified time frame. If the city fails to provide the requested information in a timely manner, any unrecorded lien for charges incurred prior to the closing date is extinguished and the city may not recover the unpaid charges from the purchaser of the property. The city retains the right to recover unpaid charges from the seller as more fully set forth in Chapter 60.80 RCW. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.130 Deferred payment. If the customer is unable to pay the full amount of utility charges due because of temporary financial difficulties or other hardship,the city finance director may accept a deferred payment agreement. ; provided,t,^wa..o,, *'' be,.,,ao, '^^ ^'''�^..fi he City is not required Ordinance 3145 Exhibit B Page 20 of 20 to enter into any deferred payment agreement with any consumer who has not fully and satisfactorily complied with terms of any previous agreement. (Ord. 2953 § 1,2007; Ord. 2579 § 1, 1997). 13.05.140 Partial payment to be prorated. Any partial payment shall be prorated to the various utilities in the followin order:(water, sewer, and stormwater and garbage). Late fees shall be credited after partial payments have been assigned. -(Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997; Ord. 2062 § 11, 1987; Ord. 1110 § 26, 1939). 13.05.150 Contracts for use in special cases. The city may enter into special contracts for the use of water,sewer--sewer, or stormwater service in extraordinary cases when the same do not conflict with the terms of this chapter. Further, nothing in this chapter shall affect a pre-existing rate agreement between a customer and the city for the term of such agreement(s). (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997; Ord. 1110 § 28, 1939). 13.05.160 Payment of base rate and surcharge-Abandonment of meter. All premises, whether- „^,,,,pied or..,,^.,„*that are physically connected to M of the City's water, sewer, or stormwater systems shall be charged a base rate and a surchame,' a-see e meter- size as set forth in this chapter,feffor the construction, maintenance, and operation of the utility systems' infrastructure,.ose.4-w a fie of eapaeyy. A customer may request that a meter be tot abaedenedproperty be completely disconnected from the City's utility systems, in which case the city will permanently remove the water meter and may, but is not required to, cap the side sewer. The owner will no longer be considered a current customer, and will not be charged the base rate or surcharge, but will continue to be billed applicable stormwater fees.and apenA person subsequently appyingheationfor water or sewer service in the flit re will be required to pay all applicable fees and charges, including but not limited to SDCs, connection, and drop-in fees. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.170 Customer leak repair and bill adjustment. When excessive meter registration is caused by broken or leaking water service pipes from the water meter into the structure or water pipes under the structure, including any crawl space or other structural components of the structure,without the knowledge of the customer, an adjustment to the water and wastewater bills may be made upon written application and satisfactory proof showing where the leak or break occurred and that a repair has been made. The adjustment would be for up to two months' billing cycles. The basis for adjustment shall be the normal consumption under similar operating conditions. The billing adjustment shall not exceed $500.00. The average winter water use calculation for sewer rates shall be established in accordance with PTMC 13.05.040. (Ord. 2953 § 1, 2007; Ord. 2579 § 1, 1997). 13.05.180 Overpayments and Refunds. A. Any customer may apply for a refund of utility fees (base rate, volume charge, or surcharge) erroneously overpaid. No refund or credit shall be made for fees paid more than four years prior to the beginning of the calendar year in which the refund application is made. B. If the utility customer has been underbilled, the finance director shall assess the amount of fees underbilled. The City shall not assess any underbilled fees that would have accrued more than four years prior to the beginning of the calendar year in which the underbilling was discovered. The finance director shall waive any late fees, interest, or penalties for underbilling if the director determines that the underbilling resulted from the City's error.