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HomeMy WebLinkAbout6551 ORDINANCE NO. 6 5 5 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTIONS 13.06.280, 13.06.290, AND 13.06.300 OF THE AUBURN CITY CODE RELATING TO LIENING AND NOTICING OWNERS WHO HAVE FAILED TO PAY THEIR UTILITY CHARGES OF WATER SERVICE TERMINATION WHEREAS, the City's current practice of physically placing notices of impending water service termination on residents' doors requires an excessive amount of City time and labor; and WHEREAS, mailing notices to residents who have not paid their utility charges on time is much less costly than hanging notices on the residents' doors; and WHEREAS, substituting mailed disconnection notices for ones placed on doors will not change the City's current practice of providing multi-family and commercial customers with at least a 2-hour notice of disconnection in addition to other notices; and WHEREAS, state law requires seven-day written notice of disconnection to residence of multi-family rental units; and WHEREAS, adopting a process for mailing disconnection notices seven days prior to water service termination is in the public's interest. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 13.06.280 of the City of Auburn City Code is amended to read as follows: ------------------------------ Ordinance No. 6551 January 21, 2015 Page 1 of 4 13.06.280 Service charges — Payment dates. A. Payment for water service charges shall be due and payable to the finance department office twenty (20) days after the billing date appearing on the bill. B. Water will be billed according to the rates in effect at time of service for those properties inside the city limits, and increased rates may be in effect for customers served outside the city limits. (Ord. 6098 § 1, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) Section 2. Amendment to City Code. Section 13.06.290 of the City of Auburn City Code is amended to read as follows: 13.06.290 Service charges — Liability— Nonpayment action. All water rates will be charged against the premises for which the service was installed. All charges for water, when the same become delinquent and unpaid, shall be a lien against the premises to which the same has been furnished. The lien shall be, to the fullest extent permitted by law, superior to all other liens or encumbrances. When any charges for water become delinquent against any premises, the water shall be shut off until such charges are paid. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) CODE REVISER'S NOTE: See RCW 35.21 .217 35.21.290 35.21.300 60.80.010-020 and Union Enterprise, Inc. v. Seattle, 77 Wn.2d 190 (1969). See also RCW 35.67.200 and 36.94.150. Section 3. Amendment to City Code. Section 13.06.300 of the City of Auburn City Code is amended to read as follows: 13.06.300 Service charges — Payment delinquency. A. Twenty-five 25 days after the billing date a late fee will be added to the billing as listed in ACC 13.06.511. Tw Forty-two (42) days after la+ es have been asse the billing date, with eutstandiRg balaRGes will the city will mail a shut-off notice to both a premises' address and to the owner's address that is on file with the city.Three Forty-nine (49) days after the ^^tiGes are delivered billing date, water service to accounts with outstanding balances will be turned off. Service shall not be restored until full payment of the delinquent amount together with fees, charges, fines or penalties pursuant to ACC 13.06.511 is received. If delinquency payment is not made by 2:00 p.m., water service may not be turned on until the next normal working day. In lieu of a mailed notice, the city may cause a shut-off notice to be served upon the premises or upon an owner. ------------------------------ Ordinance No. 6551 January 21, 2015 Page 2 of 4 B. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges when due or for lack of notice. It is the responsibility of the property owner to provide to the city notification of changes in ownership or tenancy of property and changes in mailing addresses must be provided to +ho c-+ty. (Ord. 6098 § 2, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) Section 4 Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 5. Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. FIRST READING: 00 2 0 2@15 SECOND READING: FEB `2 PASSED: FEB -2 1015 APPROVED: FEB -2 2015 t�m -N t�j Ij II NANCY BIKIIS, MAYOR ATTEST: " e�� Danielle E. Daskam, City Clerk ------------------------------ Ordinance No. 6551 January 21, 2015 Page 3 of 4 7 APPR ED S TO FORM: niel B. Hei , City Attorney Published: ,0, ------------------------------ Ordinance No. 6551 January 21, 2015 Page 4 of 4