HomeMy WebLinkAbout6802 ORDINANCE NO. 6802
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING ORDINANCE NO.
6788, EXTENDING THE TEMPORARY WAIVER OF LATE
FEES FOR AIRPORT AND UTILITY ACCOUNTS,
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 PUBLIC HEALTH
EMERGENCY.
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 declared a public health emergency due to 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 need to follow recommended public health best practices,
including social distancing, has had a significant negative economic effect on the national,
regional, and local economies, with a disproportionate negative impact on low-wage
workers who cannot work remotely, individuals on fixed incomes, non- profit organizations
and small businesses; and
WHEREAS, the economic impact of the public health emergency for COVID-19
inhibit the ability for some individuals to pay utility bills on time; and
Ordinance No. 6802
October 15, 2020
Page 1 of 4 Rev. 2019
WHEREAS, temporarily waiving late fees for delinquent payment of 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
WHEREAS, in accordance with the provisions of subsequent Washington State
Gubernatorial Proclamations, Auburn's Ordinance No. 6788 extended the waiver of late
fees through October 15, 2020; and
WHEREAS, the recently enacted Governor's Proclamation 20-23.9 extended the
waiver of late fees and shutoff to November 9, 2020; and
WHEREAS, it is appropriate for the City of Auburn to similarly extend its waiver of
late fees.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6802
October 15, 2020
Page 2 of 4 Rev.2019
The provisions of Ordinance No. 6777 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) the fourteenth (14th) day after termination or expiration of
Governor's Proclamation 20-23.
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)
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
set forth in the code and in the City of Auburn Fee Schedule consistent with ACC
2.03.030.
Ordinance No. 6802
October 15, 2020
Page 3 of 4 Rev. 2019
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: OCT 1 9 2020
OCT 1 9 2020
PASSED:
APPROVED: OCT 1 9 2020
CITY OF AUBURN
I • . .. •._
ANCY : KUS, MAYOR
ATTEST: APPROVED AS TO FORM:
haShawwn Campbell, MMC, ity Clerk Kendra Comeau, City Attorney
Published: ItAut 2t irVO 610411 (Imft6
Ordinance No. 6802
October 15, 2020
Page 4 of 4 Rev.2019