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Home My WebLink About3223 Amending the PTMC to Add a Chapter 13.02A and Establishing a Water, Sewer, and Stormwater Utility Rate Program for DSHS Licensed Adult Family Homes and Training Homes Ordinance 3223 Page I of 2 Ordinance No. 3223 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING THE PORT TOWNSEND MUNICIPAL CODE TO ADD A CHAPTER 13.02A AND ESTABLISHING A WATER, SEWER, AND STORMWATER UTILITY RATE PROGRAM FOR DEPARTMENT OF SOCIAL AND HEALTH SERVICES LICENSED ADULT FAMILY HOMES AND TRAINING HOMES AND ESTABLISHING AN EFFECTIVE DATE. RECITALS: 1. The Washington State Department of Social and Health Services licenses adult family homes and adult family training homes for disabled adults. 2. The City of Port Townsend offers a storm, water, and utility discount to low-income residents of the City. This discount does not currently apply to adult family homes in the City. 3. The City Council Finance and Budget Committee requested a code amendment that would allow the City to extend the discount to adult family homes. 4. The Washington State Constitution allows the gifting of public funds to support the poor and infirm. The proposed utility discount will support the poor and infirm. NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows: Section 1. le "hat; r. Title 13 of the Port Townsend Municipal Code is amended by adding a new Chapter, 13.02A "Adult Family Home Utility Discount Program" as set forth in substantially the same form as in Exhibit A. Sec Gori 2 Se ar Sabi lit ?.. 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„3w, Publication,. This Ordinance shall be published by an approved summary consisting of the title. Sectionm 4�. 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. Ordinance 3223 Page 2 of 2 ADOPTED by the City Council of the City of Port Townsend at a regular meeting thereof, held this 15th day of April 2019. lcbora.i S. Vit:.. - ------ '-----.._m. i Ikon Mayor Attest: Approved as to form: 6_-----._ ......... J1 .. . � — Joanna Sanders, MMC 1leid1 (3reezivv od City Clerk City Attorney Ordinance 3223 Exhibit A Page 1 of 2 EXHIBIT A Chapter 13.02A CERTIFIED ADULT FAMILY HOME UTILITY DISCOUNT Sections: 13.02A.010 Program established—Purpose—Administrative authority. 13.02A.020 Certified Adult Family Home—Eligibility—Requirements, 13.02A.030 Adult Family Home Utility rate—Eligibility—Time limit. 13.02A.040 Adult Family Home Utility rate—percentage designated. 13.02A.050 Unlawful acts designated—Penalty. 13.02A.010 Program established—Purpose—Administrative authority. A program for applying discounted rates to the billings for water, sewer and storm drainage utility services provided by the City for certain non-profit organizations who operate Washington State certified group homes. The City Finance Director is authorized and directed to administer the program and in connection may promulgate forms and administrative regulations to carry out the intent and purpose of this chapter. 13.02A.020 Certified Group Home—Eligibility—Requirements. A. To implement the program provided for in this chapter, an account holder is eligible to be charged the discounted rate for utility services if that account holder shows satisfactory proof that: 1. the account location is owned or operated by a not-profit corporation incorporated in the state of Washington; 2. the account location is operated as a Washington State Department of Social and Health Services licensed and certified adult family home or group training home; 3. the account location is a dwelling unit served directly by the city's water, sewer or storm drainage utilities; and 4. the account location is billed by the water, sewer or storm drainage utilities of the city; and 5. the account holder annually provides the City Finance Director with a copy of a current license issued by the Washington State Department of Social and Health Services to operate a certified adult family home or group training home. 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 Finance Director. 13.02A.030 Adult Family Home rate—Eligibility—Time limit. A. Eligibility for the adult family home utility rate provided for by this chapter shall be for the period of June 1 through May 31 of each year, or so long as the applicant continues to be eligible for the adult family home utility rate under the terms of PTMC 13.02A.020, whichever period is shorter. Eligibility for the adult family home utility rate may not be retroactively established. Ordinance 3223 Exhibit A Page 2 of 2 B. The initial application for the adult family home rate may be made at any time. After approval of the initial application, the adult family home rate shall be effective from the billing cycle immediately following the approval date until the next occurrence of May 31. Renewal applications shall be submitted no later than April 30th annually to renew eligibility for the adult family home utility rate. Eligibility shall expire on May 31St of each year. C. When an account holder eligible for the adult family home utility rate becomes disqualified as a Washington State Department of Health and Social Services licensed adult family home the account holder shall immediately notify the City Finance Director of such change in status to allow the adult family home utility rate to be discontinued. D. When an account holder has been billed at the adult family home utility rate after that account holder has become ineligible for that rate, a repayment of the undercharge shall be made or shall be added to the current utility billing for such account holder. The City shall not recoup undercharges for billing cycles more than four years before the current billing cycle. 13.02A.040 Adult Family Home Utility rates—Percentage designated. Effective June 1, 2019, account holders qualified by the City Finance Director as eligible for the low-income utility rate provided for in this chapter shall be billed an amount of 50% of the base rate and surcharge established for the Water, Sewer, and Storm Drainage Utilities. The adult family home utility rate does not apply to consumption charges for water. The city retains the right to discontinue adult family home utility discounts if the discount places undue budgetary constraints on meeting operating requirements of the utility. 13.02A.050 Unlawful acts designated—Penalty. A. The following acts are unlawful: 1. To accept or receive the adult family home utility rate provided for by this chapter when or during such time that the account holder 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 City Finance Director or his or her designee 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 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 discount, 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.