Chapter 4.40
DENIED SERVICES LIST
Sections:
4.40.010 Denied services list.
4.40.020 City services not to be provided.
4.40.030 Notice and opportunity to cure required.
4.40.050 Effect of contest of delinquency.
4.40.010 Denied services list.
A. The city shall maintain an accurate list of all persons, businesses, and vessels which, for reasons specified in this code or the Tariff of the Port of Dillingham, have been designated for inclusion on the denied services list. The denied services list includes, but is not limited to, those persons, businesses, and vessels included on the “delinquent list” established by Rule 34.1 of the Port of Dillingham Terminal Tariff.
B. A person, business, or vessel may be included on the denied services list for any reason specified in this code or in the Port of Dillingham Terminal Tariff. In addition to the reasons identified elsewhere, a person, business, or vessel may be designated for inclusion on the denied services list if the person, business, or vessel has a past due account with the city in excess of one hundred dollars for more than thirty days as a result of any of the following:
1. Real or personal property taxes;
2. Dock and harbor fees;
3 Public safety enforcement fees;
4. Failure to obtain or submit fees for a city business license;
5. Failure to obtain a certificate of authority to collect sales taxes or to properly file sales tax returns;
6. Failure to timely remit amounts due for municipal water and waste water. (Ord. 13-10 § 7 (part), 2013.)
4.40.020 City services not to be provided.
A. No person, vessel, or employee or agent of a business that is included on the denied services list shall be permitted to use city services, including the following:
1. Dock and harbor access;
2. Water and waste water.
B. No person or business that is included on the denied services list may be awarded a city contract, purchase property from the city, or be hired as a city employee.
C. The city manager may waive the restrictions in this section if the listed person, business, or vessel owner enters a repayment plan with the city and is not delinquent on the repayment plan at the time the contract, purchase, or employment is executed. (Ord. 13-10 § 7 (part), 2013.)
4.40.030 Notice and opportunity to cure required.
Before listing any person, business, or vessel on the denied services list, the city shall provide written notice to the person, business, or owner of the vessel of the city’s intent to terminate eligibility for city services if the reason for inclusion on the list is not cured within thirty days of the date the notice is mailed. The notice shall also include the name and telephone number of the municipal employee to contact if the delinquency is contested, and notice of the availability of an informal hearing before the finance director to resolve contested matters prior to the proposed date for termination of services. (Ord. 13-10 § 7 (part), 2013.)
4.40.040 Failure to cure.
A. If the person or business fails to either cure the delinquency or request an informal hearing to contest placement on the denied services list within the time specified in the notice required by Section 4.40.030, the city may terminate the municipal services.
B. If the person or business fails to either cure the delinquency or request an informal hearing in order to contest placement on the delinquent list within the time allowed, the city may publish the names of delinquent persons and entities in a newspaper of general circulation within the city. (Ord. 13-10 § 7 (part), 2013.)
4.40.050 Effect of contest of delinquency.
If a person or business requests an informal hearing in order to contest placement on the denied services list, the person or business shall not be placed on the list until the hearing has been held and a determination made that the reason for inclusion on the list is valid under this code, the Port of Dillingham Tariff, or the laws of the state of Alaska. If such a determination is reached, the person or business shall be placed on the denied services list unless the delinquency is cured within ten days of the informal hearing. (Ord. 13-10 § 7 (part), 2013.)
4.40.060 Removal from list.
Any entity or person which is included on the denied services list shall not be removed until the city manager, after consulting with the finance director, declares in writing that the person or business has cured the delinquency that required the person to be included on the list. (Ord. 13-10 § 7 (part), 2013.)