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HomeMy WebLinkAbout6706ORDINANCE NO. 6 7 0 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON RELATED TO INSUFFICIENT CHECK FEES; MAKING THOSE FEES CONSISTENT WITH THE CITY'S ADOPTED FEE SCHEDULE AND AMENDING SECTIONS 6.01.210, 13.06.511, AND 13.52.040 OF THE AUBURN CITY CODE. WHEREAS, Sections 6.01.210 and 13.06.511 establish a fee to be paid when persons pay a City charge with a check that is not honored by the payee's bank; and, WHEREAS, Section 13.52.040 places a limit on the amount a landlord may charge a tenant who pays the landlord for utilities and that check is not honored by the tenant's bank; and, and, WHEREAS, the City's fee schedule also establishes a fee for the same purpose; WHEREAS, staff recommends that all of these fees be consistent, and that the fees be established in the fee schedule so that amendments to the fee is more easily managed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Amendment to City Code. Section 6.01.210 of the Auburn City Code is amended to read as shown in Exhibit A. Section 2. Amendment to City Code. Section 13.06.511 of the Auburn City Code is amended to read as shown in Exhibit B. Section 3. Amendment to City Code. Section 13.52.040 of the Auburn City Code is amended to read as shown in Exhibit C. Ordinance No. 6706 November 5, 2018 Page 1 of 13 Section 4. Implementation. The Mayor is authorized to implement those administrative procedures 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 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. ATTEST: Shawn Campbell, MIMIC, City Clerk APPROVED AS TO FORM: Z 41, - Steven L. Gross, City Attorney Published: Ordinance No. 6706 November 5, 2018 Page 2 of 13 INTRODUCED: NOV 19 WS PASSED: NOV 19 201E APPROVED: 1'10V 192018 Exhibit A 6.01.210 Penalties for violation. A. Unless specifically designated in this title as a gross misdemeanor or misdemeanor or is specified to be enforced pursuant to other law, including, but not limited to, other chapters or titles of this code, any violation of this title shall constitute a Class 1 infraction, with a penalty not to exceed $250.00, not including statutory assessments. Such penalty is in addition to any other remedies or penalties specifically provided by law. For each act herein prohibited of a continuing nature, each day shall be considered a separate offense. For all infractions with graduated penalties for subsequent offenses, the offenses are measured on a "rolling" basis, i.e., within the most recent 12 months. B. Unless specified otherwise in the Auburn City Code, the penalties for violation of this title are: Code Violation Penalty Provision 6.01.060 Interference with impounding an animal Maximum $5,000.00, 364 days (GM) 6.01.130 Duties upon injury or death to an animal Maximum $1,000.00, 90 days (M) 6.01.140 Cruelty to animals (adopting Chapter 16.52 RCW) Maximum $5,000.00, 364 days (GM) 6.01.150 Crimes related to animals (adopting Chapter 9.08 Mandatory $500.00 fine RCW) (GM) 6.01.160 Interfering with dog guide or service animal Maximum $5,000.00, 364 (adopting RCW 9.91.170) days (GM) 6.01.170 Interfering with search and rescue dog (adopting Maximum $5,000.00, 364 RCW 9.91.175) days (GM) 6.01.180 Unlawful traps (adopting RCW 77.15.194 and Maximum $5,000.00,364 77.15.196) days (GM) 6.01.200 Poisoning animals (adopting RCW 16.52.190) Maximum $5,000.00, 364 days (GM) 6.02.010(A) Animal at large 1 st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00 (1)' 6.02.020 Failure to confine dog or cat in heat 1 st offense $50.00 2nd offense $100.00 3rd offense $200.00 Ordinance No. 6706 November 5, 2018 Page 3 of 13 Exhibit A Code Violation Penalty Provision 4th and subsequent offense $250.00(l) 6.02.030 Possession of a rooster 1 st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(l) 6.02.040 Dog off leash 1 st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(l) 6.02.050 Dog chasing vehicle on public road 1st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(l) 6.02.080 Dog jumping or threatening pedestrian 1st offense $50.00 2nd offense $100.00 3rd offense $200.00 4th and subsequent offense $250.00(l) 6.02.090 Animal injuring human, domestic animal, or $250.00 (GM) livestock 6.02.100 Directing dog to attack or harass Maximum $5,000.00, 364 days (GM) 6.02.110 Directing dog to attack or harass public officer Maximum $5,000.00, 364 days Minimum of $500.00,5 days in jail (GM) 6.02.120 Use of dog in illegal activity $500.00 (GM) 6.02.130 Animal injuring private and public property If value of damage to the property is less than $750.00, the penalty shall be up to $250.00 (f) If value of the damage to the property is equal to or greater than $750.00, the Ordinance No. 6706 November 5, 2018 Page 4 of 13 Exhibit A Code Provision Violation Penalty maximum penalty shall be $1,000.00, and 90 days (M) 6.02.132(A) Failure to remove animal waste $25.00(l) 6.02.132(B) Failure to possess equipment to remove animal waste $25.00(l) 6.02.140 Animal noisez $50.00(l) 6.02.150 Unlicensed transfer of animals in public place $50.00(f) 6.04.010 Failure to license dog or cat $50.00(l) 6.04.015 Failure to get rabies vaccination $50.00(l) 6.04.020(A) Failure to display license or allow to scan for microchip $50.00(l) 6.04.020(B) Failure to provide proof of licensing $50.00(l) 6.04.040 Violation of maximum number of dogs/cats3 $50.00(l) 6.04.060 Sale or gift of unaltered pet in public $50.00(l) 6.04.090 Sale or transfer of unlicensed pet $50.00(l) 6.04.130 Insufficient check/stop payment for check used to purchase license $544)OAs established in the Cita's Fee Schedule (1) 6.04.170(A) Transfer of puppies of dog not licensed as unaltered $50.00(l) 6.04.170(B) Transfer of kittens of cat not licensed as unaltered $50.00(l) 6.04.170(D) Failure to list license number on advertisement $50.00(l) (GM) = Gross Misdemeanor, (M) = Misdemeanor, (I) = Infraction ' For all infractions with graduated penalties, the offenses are measured on a "rolling' basis; i.e., within the most recent 12 months. 'Note: This is also a violation of ACC 8.28.010(C). However, the penalties for that are civil fines that must be imposed as part of code enforcement. 3 Note: This is also a violation of ACC 18.31.230, and may be processed by code enforcement. (Ord. 6457 § 5, 2013; Ord. 6424 § 1, 2012.) Ordinance No. 6706 November 5, 2018 Page 5 of 13 Exhibit B 13.06.511 Fees, service charges, fines, penalties and damage. A. Service Charge. Hydrant meter assembly deposits and fees for fire protection service line permits, hydrant permits, purity tests, and meter tests shall be as shown in the city of Auburn fee schedule. Service Convenience shut off Delinquent shut off Late charge Charge $25.00 $25.00 1 % per month of outstanding bill or $15.00 minimum, whichever is greater Unauthorized turn on/off $60.00 Delinquent meter pull $65.00 Unauthorized fire line or water hook up Returned checks each $100.00 a day fine from date of discovery &_�As established in the Citv's Pec Schedule Refusal of access per day $30.00 Closing final read $30.00 New account setup $25.00 Bill tenant $25.00 After-hours water turn $30.00 on/off Escrow estimates $25.00 B. Service Installation Fees. Water service installation fees shall be as shown in the city of Auburn fee schedule as adopted by Ordinance 5707, and any amendments thereto. C. Damage to City Appurtenances. Damage to city appurtenances will be billed to the account at actual cost to repair or replace, including labor, material, administrative, overhead and other associated costs. The finance director is authorized to waive enforcement of the above fees, fines, charges and penalties in extenuating circumstances. Ordinance No. 6706 November 5, 2018 Page 6 of 13 Exhibit B D. Hydrant Meter Assessments. Use of water from a city hydrant requires a city permit. Type A permits allow withdrawal of water from dedicated hydrants. Type B permits allow withdrawal of water from nondedicated hydrants by customers using a city supplied hydrant meter with RPBA assembly. In addition to any other penalties, fees or costs enforceable for any of the below -listed violations, the following assessments shall be imposed: Permit Type Violation Penalty A Hydrant meter wrench $30.00 loss or damage B Hydrant meter with $1,385.00 RPBA assembly loss maximum penalty or damage A Failure to record $250.00 maximum "Start" read properly penalty, per day, location, violator and incident A Failure to record $250.00 maximum "Finish" read properly penalty, per day, location, violator and incident A Failure to submit $10.00 per monthly water calendar day consumption report to the city A and B Nonpayment of bill $10.00 per within 10 calendar calendar day days of reminder notice B Nonreturn of hydrant $10.00 per meter with RPBA calendar day assembly after request for return A and B Using a hydrant $50.00 per day, without hydrant location, violator operator training and incident documentation on hand Ordinance No. 6706 November 5, 2018 Page 7 of 13 Exhibit B Permit Type Violation Penalty A and B Using a hydrant $250.00 maximum without operator penalty, per day, training documentation location, violator and incident Aand B 0 Using a hydrant without permit documentation on hand Using a hydrant without permit documentation Loaning out a hydrant meter with RPBA assembly to an unauthorized party A and B Using a tool other than the city supplied hydrant wrench to operate a hydrant $50.00 per day, location, violator and incident $250.00 maximum penalty, per day, location, violator and incident $250.00 maximum penalty, per day, location, violator and incident $50.00 per day, location, violator and incident A and B Damage to hydrant or Complete infrastructure reimbursement to the city for repair or replacement A and B Nonresponse to $10.00 per revocation of permit or calendar day trained hydrant operator certificate A and B Disassembly or tampering of hydrant, hydrant meter assembly or hydrant meter with RPBA assembly $250.00 maximum penalty, per day, location, violator and incident (Ord. 6236 § 1, 2009; Ord. 6098 § 3, 2007; Ord. 5889 § 2, 2005; Ord. 5849 § 1, 2004; Ord. 5819 § 1, 2004; Ord. 5216 § 1, 1999.) 'For statutory provisions authorizing cities to operate waterworks, see RCW 35.92.010; for provisions authorizing cities to charge for connection to the city water system, see RCW Ordinance No. 6706 November 5, 2018 Page 8 of 13 Exhibit B 35.92.025; for provisions making Ch. 35.92 RCW applicable to code cities, see RCW 35A.80.010. 2Code reviser's note: See RCW 35.21.217, 35.21.290, 35.21.300, 60.80.0 10 through 60.80.020, and Union Enterprise, Inc. v. Seattle, 77 Wn.2d 190 (1969). See also RCW 35.67.200 and 36.94.150. Ordinance No. 6706 November 5, 2018 Page 9 of 13 Exhibit C 13.52.040 Billing requirements. A. A landlord may, itself or through a third party billing agent, bill tenants for master metered or other unmetered utility services, including electric service provided to tenants of multi -unit buildings; provided, that the following requirements are met: 1. Notice. Billing practices may be adopted only upon advance written notice to a tenant as part of a new or renewed rental agreement. Tenants must receive such written notice at least 90 days before expiration of their rental agreements, or, in the case of month-to- month tenancies, at least 90 days before any such billing practices may become effective. Notwithstanding the foregoing two sentences, if billing practices are already in place at the time the ordinance codified in this chapter becomes effective, written notice must be given within 30 days of the effective date of the ordinance codified in this chapter. 2. Methodology. The notice required under subsection (A)(1) of this section must include a copy of this chapter and a detailed written disclosure of the methodology used by the billing agent to allocate the charges to each tenant, including the methodology used to allocate utility services for common areas of the building, along with all other terms and conditions of the billing arrangement. If submetering is used, the notice required under subsection (A)(1) of this section shall also include descriptions of the location of the submeter and of the access requirements, if any, required by the landlord for access to tenant units for submeter installation, reading, repair, maintenance, or inspections, including removal of the submeter for testing, consistent with the provisions of RCW 59.18.150 of the RLTA. An additional written notice must also be given at least 30 days prior to the due date of the next rental payment in order to implement a change in billing agents, apportionment methodology, fees, or other terms and conditions of the billing arrangement. 3. Posting of Information. a. In addition to the written notification required by subsection (A)(2) of this section, any landlord employing billing practices shall post in a conspicuous public space in the interior of the building copies of the three most current utility bills for master metered or other unmetered utility services provided to the building as a whole that are included in the bill sent to the tenant, together with a written description of the methodology used to allocate each such utility service and a copy of this chapter. The landlord shall also post the provisions of this chapter in a conspicuous public space in the interior of the building. b. Where such postings are physically impracticable due to the absence of a suitable conspicuous public space, a landlord may satisfy the posting requirements by hand -delivering or mailing to each of the tenants a paper copy of the written notification required by subsection (A)(2) of this section, together with a written description of the methodology used to allocate each such utility service and a copy of the provisions of this chapter. In lieu of posting the three most Ordinance No. 6706 November 5, 2018 Page 10 of 13 Exhibit C current utility bills for master metered or other unmetered utility services provided to the building as a whole that are included in the bill sent to the tenant, the landlord must make such utility bills available upon request within five business days and must inform tenants in the written notification required by subsection (A)(2) of this section of the method by which they may request such utility bills. c. Landlords shall keep bills for master metered or other unmetered utility services on file in the building for at least two years and shall make such bills available to tenants for inspection and copying upon request. Where it is physically impracticable to keep such bills on file due to the absence of a suitable office or other storage space, a landlord may store the bills in another location and must make such bills available within five business days of receiving a request from a tenant. 4. Limitations on Charges. The total of all charges for any utility service included in the bills sent to all units cumulatively shall not exceed the amount of the bill sent by the utility itself for the building as a whole, less any late charges, interest or other penalties owed by the landlord, with the exception of the following, which may be included in each bill covering an independent unit within the multi -unit building: a. A service charge of no more than $2.00 per utility per month, not to exceed a cumulative service charge of $5.00 per month for all the utilities included in any bill. b. Late payment charges of no more than $5.00 per month plus interest at a rate not to exceed one percent per month, which late payment charge shall not accrue until at least 30 days after the tenant receives the bill. c. Insufficient funds check charges for dishonored checks, not to exceed $25.00 e- •°khen6^@alisol-the amount established in the Citv's fee schedule for dishonored chceks presented to the Citv.- 5. Licensing of Third Party Billing Agents. Any third party billing agent must be properly registered and licensed to do business in the state of Washington and city of Auburn and must be in compliance with all applicable Washington State and Auburn laws and regulations, and all applicable Washington and Auburn license identification numbers, if any, must be disclosed upon request. 6. Content of Bills. Each billing statement sent to a tenant by a billing entity must disclose all required information in a clear and conspicuous manner and at minimum must: a. Include the name, business address and telephone number of the billing entity; b. Identify and show the basis for each separate charge, including service charges and late charges, if any, as a line item, and show the total amount of the bill; Ordinance No. 6706 November 5, 2018 Page 11 of 13 Exhibit C c. If the building units are submetered, include the current and previous meter readings, the current read date, and the amount consumed (or estimated to have been consumed if Auburn has provided the landlord with an estimated bill); d. Specify the due date, the date upon which the bill becomes overdue, the amount of any late charges or penalties that may apply, and the date upon which such late charges or penalties may be imposed; e. Identify any past due dollar amounts; f. Identify a mailing address and telephone number for billing inquiries and disputes, identify the entity responsible for resolving billing inquiries and disputes and its business hours and days of availability, and describe the process used to resolve disputes related to bills as set forth in this chapter; and g. Include a statement to the effect that "this bill is from [landlord name] and not from Auburn Public Utilities." 7. Protection of Personally Identifiable Information. a. A third party billing agent who, prior to the effective date of the ordinance codified in this chapter, has obtained a tenant's personally identifiable information shall take such actions as are necessary to protect such personally identifiable information and to prevent its use or disclosure except as expressly permitted in this chapter. b. A third party billing agent who, prior to the effective date of the ordinance codified in this chapter, has obtained a tenant's personally identifiable information may disclose such personally identifiable information only to the extent necessary to render its billing services. c. To the extent required by federal, state, or local law, a billing entity may disclose personally identifiable information in its possession (i) pursuant to a subpoena or valid court order authorizing such disclosure, or (ii) to a governmental entity. 8. Estimated Billing. If Auburn has billed the landlord using an estimate of utility service consumed, the billing agent may estimate the charges to be billed to tenants until billing based on actual consumption resumes. Upon receipt of a corrected bill showing that the estimated bill overstated charges, the landlord must refund the difference to tenants. Upon receipt of a corrected bill showing that the estimated bill understated charges, the landlord may attempt to recover the underpayment from the tenants that actually incurred the charges during the billing period, but shall not attempt to recover an underpayment from a tenant who did not reside in the unit during the billing period in which the charges were incurred. Ordinance No. 6706 November 5, 2018 Page 12 of 13 Exhibit C 9. Submetering. Submetering is permitted as a way of allocating master metered utility services to tenants provided the following conditions are met: a. The submeters must be read prior to each billing. b. A landlord may not enter a unit without, and a tenant may not unreasonably withhold, consent to enter the unit in order to perform sub -meter installation, reading, repair, maintenance, and inspection, including removal of the submeter for testing; provided, however, that a landlord may enter a unit without a tenant's consent in the case of a submeter leak or emergency related to that unit's submeter. c. If a tenant contests the accuracy of the submeter, the tenant shall have the option of demanding an independent test of the meter by a certified testing company. If the meter reads within a five percent range of accuracy, the tenant requesting the test shall pay the cost of the meter test. If the meter reads outside a five percent range of accuracy, the landlord shall pay for the cost of the meter test and within 30 days refund any overpayments for the past three months based on a recalculation of the past year's billings by correcting for the inaccuracy of the submeter. Submetering thereafter shall only be permitted with a repaired submeter. B. Nothing in this section shall be construed to prevent a landlord from addressing billing of master metered or other unmetered utility services in a written addendum to a lease. A lease addendum may be used to give the notice required under subsection (A)(1) of this section, so long as the lease addendum is provided to the tenant with the notice required under that subsection, and so long as all other requirements of this chapter are satisfied. (Ord. 6084 § 1, 2007.) Ordinance No. 6706 November 5, 2018 Page 13 of 13