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2558ORDINANCE NO.2558 Page 5 April 27.2010 B.When utility services are resumed or commenced during the last fifteen (15)days of the billing cycle,sewer shall be charged for only a half of a month.Waler shall be charged based on consumption and billed at the rates provided for by ordinance. 13.12.085 Service Charge: A.The service charge for all water tum-ons or turn-offs after 4 p.m.and before 8 a.m.and at any other time which is not a normal working day for the city shall be thirty dollars ($30).This fee is in addition to the fee imposed by this section. B.A delinquent service charge of seven dollars ($7)will be assessed on each water,sewer, garbage,ambulance,or stormwater account or any combination of water,sewer,garbage, ambulance,or stormwater service which is billed on one (1)account if not paid and received by the Finance Department,Utilities Division,by 5 p.m.on the day prior to date shown upon the delinquent notice provided no extensions are granted as set forth in Section 13.12.053.The assessment of the seven dollars ($7)delinquent service charge shall be waived once a calendar year on each and every account.An additional delinquent service charge of twelve dollars ($12) will be assessed on each water,sewer,garbage,ambulance or stormwater,account or any combination of water,sewer,garbage,ambulance or stormwater,service which is billed on one (1)account if not paid by the date and time shown upon the delinquent nolice provided no extensions are granted as set forth in Section 13.12.053.The seven dollar ($7)and twelve dollar ($12) service charges are subject to the limitations of Subsections F and G of Section 13.12.060.If water service is terminated for non-payment of the account,the twelve dollar ($12) charge shall include turning the water back on from 8 a.m.to 4 p.m.on normal city working days provided the occupant does nol change.This fee is in addition lo the fee imposed by Subsection C. C.A service fee ofeight dollars (S8)shall be added to each new water,sewer,garbage,ambulance or stormwater account or any combination of water,sewer,garbage,ambulance or stormwater service which is billed on one (1)account,A service fee of eight dollars (S8)shall be added for each change of service to another occupant.This fee shall include one (1)water turn-on if applicable from 8 a.m.to 4 p.m.on normal city working days. Section 2,This ordinance shall take effect and be in force five (5)days after its passage and publication of its summary as provided by law. Adopted by the City Council and signed by its Mayor on ApnT27, :cret,Deputy Mayor ATTEST: Ronald R.Cone,Finance Director APPROVED AS TO FORM: J^nes A.Wt-fitaker,City Attorney ORDINANCE NO.2558 AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "WATER,SEWER,AND STORMWATER RATES" THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS: Section 1.Chapter 13.12 of the Moses Lake Municipal Code entitled "Water,Sewer,and Stormwater Rates" is amended as follows: 13.12.051 Water.Sewer.Garbage.Ambulance,and Stormwater Billing:Awater,sewer,garbage,ambulance, and stormwater bill shall be mailed every month to every customer for water,sewer,garbage, ambulance,and stormwater service supplied during the time period shown on the bill.Each water, sewer,garbage,ambulance,and stormwater bill shall contain the following information: A.The charge and/or installment. B.The date of the bill. C.The bills are due within thirty (30)days from the date of the bill.Past due amounts are due immediately upon receipt of a bill. D.Notice if bill is based on an estimated measurement of the amount of service supplied. E.A telephone number to call in order to obtain information. 13.12.052 Customer Dispute: A.At anytime before the dateoftermination ofwater service for non-payment ofthe amount shown on a water,sewer,garbage,ambulance,and stormwater bill,or a notice of termination,a customer may dispute the correctness of all or part of the amount shown in accordance with the provisions of this section.A customer shall not be entitled to dispute the correctness of all or part ofthe amount ifall or part of the amount was the subject of a previous dispute under this section. B.The procedure for customer disputes shall be as follows: 1.Before the date of termination,the customer shall notify the Finance Department in writing, that he disputes all or part of the amount shown on a water,sewer,garbage,ambulance, and stormwater bill or a notice of termination,stating as completely as possible the basis for the dispute. 2.If the Finance Department determines that the present dispute is untimely or that the customer previously disputed the correctness of all or part of the amount shown,the Finance Department shall mail to the customer a notice stating that the present dispute is untimely or invalid.The city shall then proceed as if the customer had not notified the city of the present dispute. 3.If the city determines that the present dispute is not untimely or invalid under this section, the city,within three (3)days afterreceipt of the customer's notice,shall arrange an informal meeting between the customer and the Finance Department. 4.Based on the city's records,the customer's allegations and all other relevant materials available to the Finance Department,the Finance Department shall resolve the dispute, attempting to do so in a manner satisfactory to both the city and the customer. ORDINANCE NO.2558 Page 2 April 27,2010 5.Within five (5)days of completion of the meeting,the Finance Department shall mail to the customer a copy of its decision resolving the dispute. 6.The decision shall be final and binding on the customer. C.Utilization of this dispute procedure shall not relieve a customer of his obligation to timely and completely pay all other undisputed charges and/or installments and surcharges,and the undisputed portion of the amount which is the subject of the present dispute.Notwithstanding this section,failure to timely and completely pay all such undisputed amounts shall subject the customer to termination of water service in accordance with the provisions of this ordinance. D.Until the date ofthe Finance Department's decision the city shall not terminate the water service of this customer and shall not issue a notice of termination to him solely for non-payment ofthe disputed amount.If it is determined that the customer must pay some or all of the disputed amount,the city shall promptly mail to,or personally serve upon the customer,a notice of termination,which shall contain the following: 1.The amount to be paid. 2.The date of the notice of termination. 3.The date of termination,which shall be at least ten (10)days after the date of the notice of termination is issued. 4.Notice that unless the city receives complete payment of the past due amount shown prior .»■*. to the date of termination,water service shall be terminated.'1 5.An informational telephone number. 13.12.053 Water Service Termination Procedures: A.The provisions of this section shall govern all terminations of water service for non-payment of city charge and/or installments and surcharges. B.If by the payment date shown on a water,sewer,garbage,ambulance,and stormwater bill,the city has not received complete payment of the amount shown on the bill the city shall mail to, or personally serve upon,the customer a notice oftermination.The notice oftermination shall be sent with the current month's bill.The notice shall indicate the amount past due. C.The notice of termination shall contain the following: 1.The amount past due and the amount of the current month's billing. 2.The date of the notice of termination. 3.The date oftermination,which shall be no less than ten (10)days from the date of the notice of termination. 4.Notice that unless the city receives complete payment of the amount past due prior to the date of termination,water service shall be terminated. 5.Notice that in lieu of paying the entire amount shown,a customer,prior to the date of termination,may notify the city that he disputes the correctness of all or part of the amount shown,if all or part of the amount shown was not the subject of a previous dispute. u ORDINANCE NO.2558 Page 3 April 27,2010 6.Notice that seven dollars ($7)will be assessed as a delinquent service charge if not paid and received by the Finance Department,Utilities Division,by 5 p.m.on the day prior to the date shown on the delinquent notice and that twelve dollars ($12)will be assessed as an additional service charge if not paid by the date and time shown on the delinquent notice provided the payment is not extended as set forth in this section. 7.An informational telephone number. 8.Notice that thirty dollars ($30)will be assessed as a service charge for all water turn-ons or turn-offs after 4:00 p.m.and before 8:00 a.m.and at any other time which is not a normal working day of the city,such as weekends or legal holidays. D.If the city receives payment of the past due amount shown on the notice of termination,such payment shall be considered a timely and complete payment for purposes of this ordinance. 13.12.054 Limitations on Termination of Water Service: A.The city shall terminate water service for non-payment of past due water,sewer,garbage, ambulance,and stormwater charges and/or installments and surcharges only during the hours of 9 a.m.to 3 p.m.Monday through Thursday.No terminations shall be permitted on a legal holiday or on the day before a legal holiday. B.In the event the city should proceed to terminate water service to any property which has failed to pay a past due amount after delivery of written notice,the employee of the city dispatched to disconnect the water service shall make a reasonable effort to inform the user that water service is being terminated.The city employee may not accept payment of the delinquent amount from the user,but the employee shall not terminate water service to the property until the user has been afforded an opportunity of not less than one (1)hour in length to reach the city hall and arrange to bring the account current. 13.12.055 Joint Charging:All charges for water,sewer,garbage,ambulance,and stormwater,payments due the city shall be billed jointly on one (1)statement.If water,sewer,garbage,ambulance,and stormwater charges are billed in conjunction and simultaneously with statements.issued by the city for refuse collection and disposal,all payments received from a customer shall be credited first to past due garbage charges,then the remainder,if there be any,first to past due sewer charges,to past due water charges,and then to stormwater.Payments on current accounts shall be credited first to garbage charges,the remainder,if there be any,to sewer charges then to ambulance charges, then to water charges,then to stormwater. 13.12.056 Utility Tax Passthrouah: A.Section 3.30.050 provides in part for the collection of a utility tax upon every person,including the city,who engages in the selling or furnishing of sewer,water,garbage,and stormwater,or a service of sewer,water,garbage,and stormwater,or the providing offacilities for sewer,water, garbage,and stormwater.As a result of the operation of its water,sewer,garbage,and stormwater systems,the City is subject to the utility tax imposed by Section 3.30.050. B.The city is authorized to collect the percentage of gross income portion of the utility tax imposed by Section 3.30.050 from the users of the city's water,sewer,garbage,and stormwater systems by including on the billing of each user residing within the corporate limits of the city, the sum the city would be liable to pay as a utility tax on that basis. ORDINANCE NO.2558 Page 4 April 27,2010 13.12.060 Payment of Accounts: A.Water, sewer,garbage,ambulance,and stormwater bills shall be the responsibility ofand billed ' directly to the owner of the real estate,unless the owner of the real estate wishes the bill sent to another address,the same shall be due and payable within thirty (30)days of the billing date. If the owner of the real estate wishes the bill sent to another address,the owner of the real estate first must execute a form provided by the City of Moses Lake indicating his desires.The form shall contain at a minimum,the owner of the real estate's name and address,the address to which he wishes the bill sent,and a statement that if the person at the address to which the bill is sent moves and leaves an unpaid balance,the owner of the real estate recognizes his responsibility for the bill.The billing dates for utility accounts shall be as follows: Routes 1 through 15 on the 20th of each month Routes 16 through 29 on the 30th of each month Routes 50 through 60, 70,and 71 on the 10th of each month B.The property owners ofcommercial accountsand governmental agencies may sign agreements requesting that their monthly statements be mailed to service addresses.The statement will contain the same information referred to in subsection A. C.The city reserves the right to cut off the water supply from the premises.The water supply may be cut off if either the water charge,sewer charge,garbage charge,ambulance charge, or the stormwater charge is delinquent,and should the water supply be turned off for failure to pay either the sewer charge,water charge,garbage charge,ambulance charge,or stormwater charge when due,the watersupply shall not be turned on until all delinquent charges have been paid in full.A service charge shall be assessed as set forth in Subsection B of 13.12.085 and shall be added to the amount past due and will be billed on the next month's statement. D.The city shall have a lien against the premises for unpaid water,sewer,garbage,ambulance, and stormwater charges as provided by the laws of the state. E.Advance payments may be made on any water,sewer,garbage,ambulance,or stormwater account. F.Water service will not be terminated if there is a past due water,sewer,garbage,ambulance, or stormwater charge of ten dollars ($10)or less,subject to subsection G. G.No water,or sewer,garbage,ambulance,or stormwater bills shall be allowed to be more than sixty (60)days past due regardless of the past due amount.If a water,sewer,garbage, ambulance,or stormwater account is to become sixty (60)days past due,water service shall be terminated as provided herein before the sixtieth (60th)day ends. H.No garbage,water,sewer,ambulance,or stormwater account will be transferred to another person,partnership,corporation,or other entity unless the account is brought current prior to the requested transfer. I.Property served by more than one (1)meter must keep all accounts current in accordance with this chapter in order to avoid water service being terminated to all meters serving the property. 13.12.080 Temporarily Vacant or Unoccupied Premises: A.The minimum water,sewer,garbage,ambulance,and/orstormwaterservice shall continue until an order in writing to discontinue service has been given.The water shall not be turned on or /*~\ off until a request in writing is given,on forms furnished by the city,for the turning on or off of '' the service.