HomeMy WebLinkAbout6777 ORDINANCE NO. 6777
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6767, EXTENDING THE TEMPORARY WAIVER OF 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; and
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; and
WHEREAS, the Washington Governor declared a State of Emergency due to new
cases of COVID-19; and
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; and
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; and
WHEREAS, following recommended public health best practices, including social
Ordinance No. 6777
June 3, 2020
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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
businesses and workers in the Auburn-area who cannot work remotely and may not
receive full wages during this time; and
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; and
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; and
WHEREAS, the Auburn City Code ("ACC") includes several provisions requiring
late fees on delinquent utility consumption and utilization charges; and
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; and
WHEREAS, in order to provide for a waiver of late fees, on March 23, 2020, the
City Council adopted Auburn Ordinance No. 6767; and
Ordinance No. 6777
June 3, 2020
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WHEREAS, in order to address the purposes for which the late fees were to be
waived, it is appropriate to extend the waiver of late fees, currently set to expire on June
30, 2020; and
WHEREAS, the provisions of Ordinance No. 6767 should be amended to extend
the waiver of late fees through August 31, 2020.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
The provisions of Ordinance No. 6767 are amended as follows:
Section 1. Late Fees Waived. 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: a) termination of the civil emergency proclaimed by the Mayor
on March 5, 2020; or (b) June 30, 2020Auqust 31, 2020.
Section 2. Affected City Code Sections. 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:
ACC 12.46.045 (Airport tiedown, Hangar, and Storage Rental Fees)
ACC 13.06.290 (Water-Service Charges- Nonpayment Action)
ACC 13.06.300 (Water-Service Charges-Payment and Delinquency)
ACC 13.06.511 (Fees, Service Charges, Fines, Penalties and Damage)
ACC 13.20.390 (Sewage Conveyance and Disposal Service Charge-Payment
Dates-Payment Delinquency)
Ordinance No. 6777
June 3, 2020
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ACC 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. Late Fee Waivers. 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
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: JUN 1 5 2020
PASSED: JUN 1 5 2020
APPROVED: JUN 1 5 1020
CITY OF AUBURN
ANCY KUS, MA OR
Ordinance No. 6777
June 3, 2020
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ATTEST: APPROVED AS TO FORM:
.7S-Ne.c.....a.n.c‘.__Coury \LIV ..ts P .(271._
Shawn Campbell, MMC, ity Clerk ndra Comeau, City Attorney
Published:bllkftft0/6 JvA ti,2"DV
Ordinance No. 6777
June 3, 2020
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