HomeMy WebLinkAbout6767 ORDINANCE NO. 6767
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, TEMPORARILY WAIVING LATE
FEES FOR UTILITY ACCOUNTS AND AIRPORT FEES,
SUPERSEDING CERTAIN SECTIONS OF AUBURN CITY
CODE REQUIRING PAYMENT OF SUCH LATE FEES AS
SET FORTH IN ACC 12.56.045; 13.06.300; 13.06.511;
13.20.390; AND 13.48.120, IN LIGHT OF A DECLARED
PUBLIC HEALTH EMERGENCY RELATED TO COVID-19.
WHEREAS, the World Health Organization has announced novel coronavirus
(COVID-19) is officially a global pandemic;
WHEREAS, on January 31, 2020, the United States Department of Health and
Human Services Secretary Alex Azar declared a public health emergency because of
COVID-19;
WHEREAS, the Washington Governor declared a State of Emergency due to new
cases of COVID-19;
WHEREAS, on March 5, 2020, the Mayor proclaimed a local emergency due to
growing public health impacts of COVID-19, which the Auburn City Council ratified by
Resolution No. 5504;
WHEREAS, the COVID-19 outbreak presents an extreme risk of person-to-person
transmission of the virus and public health experts worldwide advise the best way to
prevent transmission of the virus is to prevent infected people from coming in close
contact with healthy persons;
WHEREAS, following recommended public health best practices, including social
distancing, which is critical to mitigate the spread of COVID-19, is also having significant
negative economic effects on the national, regional, and local economy, in particular small
Ordinance No. 6767
March 18, 2020
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businesses and workers in the Auburn-area who cannot work remotely and may not
receive full wages during this time;
WHEREAS, utility bills combined with the public health emergency for COVID-19
will inherently have a disproportionate negative impact on low-wage workers, individuals
on fixed incomes, non-profit organizations and small businesses, inhibiting their ability to
pay utility bills before the due date;
WHEREAS, temporarily waiving the charging of late fees on delinquent bill
balances as soon as possible, for utility bills and airport fees, is necessary both to help
ease the negative impact on low-wage workers, individuals on fixed incomes, non-profit
organizations and small businesses and to reduce the frequency of in-person bill payment
during the emergency;
WHEREAS, the Auburn City Code ("ACC") includes several provisions requiring
late fees on delinquent utility consumption and utilization charges;
WHEREAS, the ACC and the adopted City of Auburn Fee Schedule includes
provisions requiring late fees on delinquent airport payments; and
WHEREAS, as part of its continued efforts to respond to the emergency and
provide assistance to its customers, the City has determined it is appropriate to
temporarily waive imposition or collection of late fees and penalties assessed against
users of the City's utility systems and municipal airport.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. The imposition and collection of late fees assessed against users of
the City of Auburn's utility systems and municipal airport are waived until the earlier of:
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March 18, 2020
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(a) termination of the civil emergency proclaimed by the Mayor on March 5, 2020; or (b)
June 30, 2020.
Section 2. To the extent the following sections or subsections of the ACC that
authorize or require the collection of late fees and penalties on delinquent utility customer
consumption, utilization charges, or airport fees, are inconsistent with Section 1 of this
Ordinance, those sections are superseded and waived during the time period stated in
Section 1:
12.46.045 (Airport tiedown, Hangar, and Storage Rental Fees)
13.06.290 (Water-Service Charges-Nonpayment Action)
13.06.300 (Water-Service Charges-Payment and Delinquency)
13.06.511 (Fees, Service Charges, Fines, Penalties and Damage)
13.20.390 (Sewage Conveyance and Disposal Service Charge-Payment Dates-
Payment Delinquency)
13.48.120 (Sewers-Billing and Collection)
City of Auburn Fee Schedule (B)(9) (Engineering and Public Works Fees, Other
Utility Fees)-Delinquent shut off, late charge, delinquent meter pull; (D)(1) (Auburn
Municipal Airport Fees, Lease Fees)-Late payments and delinquency fee.
Section 3. The Mayor is authorized to waive late fees both in the code and set
forth in the City of Auburn Fee Schedule consistent with ACC 2.03.030.
Section 4. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives 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 of it to any person
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March 18, 2020
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or circumstance, will 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 will take effect and be in force five
days from and after its passage, approval, and publication as provided by law.
INTRODUCED: MR2 3 102
PASSED: MAR 2 3 1010
APPROVED: MAR 2 2020
ANCY r•A KUS, MAYOR
ATTEST: APPROVED AS TO FORM:
\k(2
Shawn Campbell, MMC, City ClerkKendra Comeau, City Attorney
Published: 1`IVNr OA /AO , 2020 6xIrw ,
Ordinance No. 6767
March 18, 2020
Page 4 of 4 Rev.2019