HomeMy WebLinkAbout6439 ORDINANCE NO. 6 4 3 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, ADDING NEW SECTION
8.08.175, 8.08.182, 8.08.183, 8.08.184, 13.06.355,
13.06.364, 13.06.366, 13.06.368, 13.20.438, 13.20.444,
13.20.448, 13.48.085, 13.48.094, 13.48.096, 13.48.098
OF THE AUBURN CITY CODE RELATING TO UTILITY
CLASSIFICATIONS
WHEREAS, the current provisions of the Aubum City Code provide for
mechanisms that accommodate collection in normal cases, but which do not
provide convenient collection procedures where the property is not lienable, i.e.
owned by the federal govemment or an Indian tribe; and
WHEREAS, in order to address the utility need for properties that are not
lienable and provide the City with a mechanism for security of its utility services,
it is appropriate to add new classes of utility customers for those non-lienable
properties, whereby utility deposits would substitute for other enforcement
mechanisms.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to Citv Code. That section 8.08.175 of
the Aubum City Code be and the same hereby is added to read as follows:
8.08.175 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers
receiving solid waste utility services are receiving such services at property for
which the City has the right to lien the property for non-payment of utility
services. The utility rates for such customers shall be as set forth in Section
8.08.180 of the City Code.
Ordinance No. 6439
November 19,2012
Page 1 of 9
Section 2. Amendment to Citv Code. That section 8.08.182 of
the Auburn City Code be and the same hereby is added to read as follows:
8.08.182 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the
customers receiving solid waste utility services are receiving such services at
property for which the City does not have the right to lien the property for non-
payment of utility services. The utility rates for such customers shall be as set
forth in Section 8.08.180 of the Cit�r Code; Provided that the City can also collect
a Utility Services Deposit as described as follows:
1 The dollar amount of Four (4) months of the current solid waste rate
for level of service requested; and
2. The sum ofthe current rate for three (3) late fees, per City Code.
B. For the purposes hereof, "non-lienable property" means property
which is owned or held by a govemmental or non-govemmental errtity in such a
way that it is immune from utility lien collection efforts of the City
C This new class of utility customers shall include new customers -
new applications for utility services on non-lienable property and existing and
former customers of utility services on non-lienable property whose utility
services have been terminated for non-payment or whose accounts have been
refeRed to collection or to other utility payment enforcemeM services or
personnel for non-paymerrt of utility services.
Section 3. Amendment to Citv Code. That seetion 8.08.183 of
the Aubum City Code be and the same hereby is added to read as follows:
8.08.183 Waiver of deposit for non-lienable property class of utility customers
-Appeal.
A. In connection with the Utility Services Deposit for the non-lienable
property class of utility customers as described in Section 8.08.182 of the City
Code, the Finance Director is authorized to grant a full or partial waiver to said
utitity customer from the deposit requirement where special humanitarian or
health circumstances exist with respect to said utility customer's receipt of utility
services. The Finance Director shall have the sole discretion to grant such
waivers, and determine if they shall be full or partial waivers where such
circumstances are found by the Finance Director to exist. If the waiver is granted,
no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the Deposit
requirement and has been denied the requested waiver, such person or entity
may appeal the decision denying the requested waiver by filing with the City
Clerk a notice of appeal, which notice of appeal must be received by the City
Clerk within thirty (30) days of the decision denying the requested waiver The
Appeal shall be based solely on whether special humanitarian or health
Ordinance No. 6439
November 19, 2012
Page 2 of 9
circumstances exist with respect to the utility customer's receipt of utility services,
and shall be heard by a panel of department directors of the City (excluding the
Firiance Director) appointed by the Mayor The decision of the panel of
department directors shall be final, and no further appeals shall be aliowed.
C. For the purposes hereof, the Finance Director and Mayor shall
utilize, as a guide in addressing requests for waivers, the criteria utilized in
granting low-income disabled citizen discounts and low-income senior citizen
discounts for utility customers of the Ciiy
Section 4. Amendment to Citv Gode. That section 8.08.184 of
the Auburn City Code be and the same hereby is added to read as follows:
8.08.184 Regulations and requirements same for both classes of utility
customers.
Other than the utility rates and deposits set forth in Sections 8.08.175
through 8.08.183 of the City Code, all other regulations and requirements in this
Chapter of the City Code shall be the same for all classes of utility customers,
unless the context of the provisions clearly indicates othervvise.
Section 5. Amendment to Citv Gode. That section 13.06.355 of
the Aubum City Code be and the same hereby is added to read as follows:
13.06.355 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers
receiving water utility services are receiving such services at property for which
the City has the right to lien the property for non-payment of utility services. The
utility rates for such customers shall be as set forth in Section 13.06.360 of the
City Code.
Section 6. Amendment to Citv Code. That section 13 06.364 of
the Auburn City Code be and the same hereby is added to read as follows:
13.06.364 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the
customers receiving water utility services are receiving such services at prbperty
for which the City does not have the right to lien the property for non-payment of
utility services. The utility rates for such customers shall be as set forth in Section
13.06.360 of the City Code; Provided that the City can also collect a Utility
Services Deposit as described as follows:
1 The dollar amount of Four (4) months of the current water base rate
plus the cost of estimated measure of ccfs (commodity use) during this time
frame; and
Ordinance No. 6439
November 19, 2012
Page 3 of 9
2. The sum of the current rate for three (3) late fees, one (1) shut off
fee, and one (1) meter removal fee.
B. For the purposes hereof, "non-lienable property" means property
which is owned or held by a governmental or non-govemmental entity in such a
way that it is immune from utility lien collection efforts of the City
C. This new class of util'ity customers shall include new customers -
new applications for utility services on non-lienable property and existing and
former customers of utility services on non-lienable property whose utiliry
services have been terminated for non-payment or whose accounts have been
referred to collection or to other utility payment enforcement services or
personnel for non-payment of utility services.
Section 7. Amendment to Citv Code. That section 13.06.366 of
the Aubum City Code be and the same hereby is added to read as follows:
13.06.366 Waiver of deposit for non-lienable property class of utility customers
-Appeal.
A. In connection with the Utility Services Deposit for the non-lienable
property class of utility customers as described in Section 13.06.364 of the City
Code, the Finance Director is authorized to grant a full or partial waiver to said
utility customer from the deposit requirement where special humanitarian or
health circumstances exist with respect to said utility customer's receipt of utility
services. The Finance Director shall have the sole discretion to grant such
waivers, and determine if they shall be full or partial waivers where such
circumstances are found by the Finance Director to exist. If the waiver is granted,
no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the Deposit
requirement and has been denied the requested waiver, such person or entity
may appeal the decision denying the requested waiver by filing with the Ciry
Clerk a notice of appeal, which riotice of appeal must be received by the City
Clerk with'in thirty (30) days of the decision denying the requested waiver The
Appeal shall be based solely on whether special humanitarian or health
circumstances exist with respect to the utility customer's receipt of utility senrices,
and shall be heard by a panel of department directors of the City (excluding the
Finance Director) appointed by the Mayor The decision of the panel of
department directors shall be final, and no further appeals shall be allowed.
C. For the purposes hereof, the Finance Director and Mayor shall
utilize, as a guide in addressing requests for waivers, the criteria utilized in
granting low-income disabled citizen discounts and low-income senior citizen
discounts for utitity customers of the City
Section 8. Amendment to Citv Code. That section 13.06.368 of
the Aubum City Code be and the same hereby is added to read as follows:
Ordinance No. 6439
November 19, 2012
Page 4 of 9
13.06.368 Regulations and requirements same for both classes of utility
customers.
Other than the utility rates .and deposits set forth in Sections 13.06.355
through 13.06.366 of the Ciry Code, all other regulations and requirements in this
Chapter of the City Code shall be the same for all classes of utility customers,
unless the context of the provisions clearly indicates otherwise.
Section 9. Amendment to Citv Code. That section 13.20.438 of
the Aubum City Code be and the same hereby is added to read as follows:
13.20.438 Lienable property class of utility customers.
There is hereby created a class.of utility customers where the customers
receiving sewer utility services are receiving such services at property for which
the City has the right to lien the property for non-payment of utility services. The
utility rates for such customers shall be as set forth in Section 13.20.440 of the
City Code.
Section 10. Amendment to Citv Code. That section 13.20.444 of
the Auburn City Code be and the same hereby is added to read as follows:
13.20.444 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the
customers receiving sewer utility services are receiving such services at property
for which the City does not have the right to lien the property for non-payment of
utility services. The utility rates for such customers shall be as set forth in Section
13.20.440 of the City Code; Provided that the City can also collect a Utility
Services Deposit as described as follows:
1 The dollar amount of Four (4) months of the current City sewer rate
and King County Wastewater treatment rate based upon the level of service.
Non single family services will base deposit on the base rate plus flow rates.
Estimated flow rate will be calculated from the estimated measure of ccfs used
to calculate the water portion of the deposit; and
2. The sum of the current rate for three (3) late fees per City Code,
and one (1) shut off fee and one (1) meter removal fee if applicable.
B. For the purposes hereof, "non-lienable property" means property
which is owned or held by a govemmental or non-governmental entity in such a
way that it is immune from utility lien collection efforts of the City
C This new class of utility customers shall include new customers -
new applications for utility services on non-lienable property and existing and
former customers of utility services on non-lienable property whose utility
services have been terminated for non-payment or whose accounts have been
referred to collection or to other utility payment enforcement services or
personnel for non-payment of utility services.
Ordinance No. 6439
November 19, 2012
Page 5 of 9
Section 11. Amendment to Citv Code. That section 13.20.446 of
the Aubum Ciry Code be and the same hereby is added to read as follows:
13.20.446 Waiver of deposit for non-lienable property class of utility customers
-Appeal.
A. In connection with the Utility Services Deposit for the non-lienable
property class of utility customers as described in Section 13.20.444 of the City
Code, the Finance Director is authorized to grant a full or partial waiver to said
utility customer from the deposit requirement where special humanitarian or
health circumstances exist with respect to said utility customer's receipt of utility
services. The Finance Director shall have the sole discretion to grant such
waivers, and determine if they shall be full or partial waivers where such
circumstances are found by the Finance Director to exist. If the waiver is granted,
no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the Deposit
requirement and has been denied the requested waiver, such person or entity
may appeal the decision denying the requested waiver by filing with the City
Clerk a notice of appeal, which notice of appeal must be received by the City
Clerk within thirty (30) days of the decision denying the requested waiver The
Appeal shall be based solely on whether special humanitarian or health
circumstances exist with respect to the utility customer's receipt of utility services,
and shall be heard by a panel of departmerrt directors of the City (excluding the
Finance Director) appointed by the Mayor The decision of the panel of
department directors shall be final, and no further appeals shall be allowed.
C For the purposes hereof, the Finance Director and Mayor shall
utilize,, as a guide in addressing requests for waivers, the criteria utilized in
granting low-income disabled citizen discounts and low-income senior citizen
discounts for utility customers of the City
Section 12. Amendment to Citv Code. That section 13.20.448 of
the Aubum City Code be and the same hereby is added to read as follows:
13.20.448 Regulations and requirements same for both classes of utility
customers.
Other than the utility rates and deposits set forth in Sections 13.20.438
through 13.20.446 of the City Code,•all other regulations and requirements in this
Chapter of the City Code shall be the same for all classes of utility customers,
unless the context of the provisions clearly indicates othervvise.
Section 13. Amendment to CiN Code. That section 13.48.085 of
the Auburn City Code be and the same hereby is added to read as follows:
Ordinance No. 6439
November 19, 2012
Page 6 of 9
13.48.085 Lienable property class of utility customers.
There is hereby created a class of utility customers where the customers
receiving storm drainage utility services are receiving such services at property
for which the City has the right to lien the property for non-payment of utility
services. The utility rates for such customers shall be as set forth in Section
13.48.090 of the City Code.
Section 14. Amendment to Citv Code. That section 13.48.094 of
the Aubum City Code be and the same hereby is added to read as follows:
13.48.094 Non-lienable property class of utility customers.
A. There is hereby created a class of utility customers where the
customers receiving storm drainage utility services are receiving such services at
property for which the City does not have the right to lien the property for non-
payment of uGlity services. The utility rates for such customers shall be as set
forth in Section 13.48.090 of the City Code; Provided that the City can also
collect a Utility Services Deposit as described as follows:
1 The dollar amount of Four (4) months of the current storm drainage
utility rate per ESU; and
2. The sum of the current rate for three (3) late fees, per City Code.
B. For the purposes hereof, "non-lienable property" means property
which is owned or held by a governmental or non-governmental entity in such a
way that it is immune from utility lien collection efforts of the City
C. This new class of utility oustomers shall include new customers -
new applications for utility services on non-lienable property and existing and
former customers of utility services on non-lienable property whose utility
senrices have been terminated for non-payment or whose accounts have been
referred to collection or to other utility payment enforcement services or
personnel for non-payment of utility services.
Section 15. Amendment to Citv Code. That section 13.48.096 of
the Auburn City Code be and the same hereby is added to read as follows:
13.48.096 Waiver of deposit for non-lienable property class of utility customers
-Appeal.
A. In connection with the Utility Services Deposit for the non-lienable
property class of utility customers as described in Section 13.48.094 of the City
Code, the Finance Director is authorized to grant a full or partial waiver to said
utility customer from the deposit requirement where special humanitarian or
health circumstances exist with respect to said utility customer's receipt of utility
senrices. The Finance Director shall have the sole discretion to grant such
waivers, and determine if they shall be full or partial waivers where such
Ordinance No. 6439
November 19, 2012
Page 7 of 9
circumstances are found by the Finance Director to exist. If the waiver is granted,
no deposit or only a reduced deposit shall be required.
B. If any person or entity has applied for a waiver of the Deposit
requirement and has been denied the requested waiver, such person or entity
may appeal the decision denying the requested waiver by filing with the City
Clerk a notice of appeal, which notice of appeal must be received by the City
Clerk within thirty (30) days of the decision denying the requested waiver The
Appeal shall be based solely on whether special humanitarian or health
circumstances exist with respect to the utility customer's receipt of utility services,
and shall be heard by a panel of departrnent directors of the City (excluding the
Finance Director) appointed by the Mayor The decision of the panel of
departrnent directors shall be final, and no further appeals shall be allowed.
C For the purposes hereof, the Finance Director and Mayor shall
utilize, as a guide in addressing requests for waivers, the criteria utilized in
granting low-income disabled citizen discounts and low-income senior citizen
discounts for utility customers of the City
Secdon 16. Amendment to Citv Code. That section 13.48.098 of
the Aubum City Code be and the same hereby is added to read as follows:
13.48.098 Regulations and requiremerrts same for both classes of utility
customers.
Other than the utility rates and deposits set forth in Sections 13.48.085
through 13.48.096 of the City Code, all other regulations and requirements in this
Chapter of the City Code shall be the same for all classes of utility customers,
unless the context of the provisions clearly indicates othervvise.
Section 17. Imalementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directions of this legislation.
Section 18. Severabilitv. 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.
Ordinance No. 6439
November 19, 2012
Page 8 of 9
Section.19. 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
INTRODUCED� NOV 1 9 2012
PASSED� NOV 1 9 2012
APPROVED� NOV 1 9 2012
ITY OF N
�
ATTEST
ETE B. LEWIS
f� l � MAYOR
���(6�..�s
Danielle E: Daskam, City Clerk
APP V TO FOF2 •
i -
niel B. ' , Ci y Attorn
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Published: vcat�L../^�i���a o�/L c-�---��'�`�
Ordinance No. 6439
November 19, 2012
Page 9 of 9