Chapter 13.24
FEES, CHARGES AND BILLING
Sections:
13.24.010 Fees, rates and charges – Council authority.
13.24.020 Deposit requirements.
13.24.050 User service charges.
13.24.060 Bulk water.
13.24.070 Fire line charges.
13.24.080 Garden meters.
13.24.090 Multi-use meters.
13.24.100 Meter size changes.
13.24.110 Meter errors and testing.
13.24.120 Outside-city rates.
13.24.130 Restoration of service charge.
13.24.140 Construction – Engineering fees.
13.24.150 Construction – Bonding and insurance.
13.24.160 Computation and collection of charges.
13.24.170 Revenues – Deposit and use.
13.24.180 Billing – Mailing address.
13.24.190 Billing – Payment responsibility.
13.24.200 Billing – Time and payment date.
13.24.210 Adjustment of accounts.
13.24.220 Delinquent accounts.
13.24.230 Water charge liens.
13.24.240 Appeal procedures.
13.24.010 Fees, rates and charges – Council authority.
All fees, rates and charges stated within Chapters 13.04 through 13.24 SMC may be changed at any time in the future by resolution of the city council. (Ord. 807 Art. 3 § 24, 1984)
13.24.020 Deposit requirements.
A. Before water service may be turned on to a new or discontinued service connection, the applicant for service shall deposit with the city a guaranteed deposit in the amount of $30.00.
B. The deposit shall be continuously held by the city as a guarantee of payment for water, sewer and fire line charges, and for protection of the city against damage to the service installation. Whenever the customer has promptly paid bills for at least one year, or has otherwise established satisfactory credit in the municipality, the city manager, or the city manager’s designee, will waive or refund the customer’s deposit.
C. When water service to any depositor has been terminated, the city shall return the deposit less any outstanding balances and/or charges for damage to the system.
D. If such deposit remains unclaimed for seven years after termination of the service, the same shall be presumed abandoned, and shall be reported and delivered to the Division of State Lands, as provided in Oregon Revised Statutes Chapter 98. (Ord. 807 Art. 3 § 12, 1984)
13.24.050 User service charges.
(Editor’s note: Per SMC 13.24.010 the following rates are subject to change on an annual basis by the city council.)
A user’s service charge shall be levied to all users served by public water, and such charge shall be determined as follows:
A. A minimum base rate shall be charged monthly for each residential dwelling unit and each commercial business, as follows:
Base Rate Schedule
Residential – I (one living unit per meter)
|
Meter Size (inches) |
Monthly Charge |
|
5/8 |
$6.19 |
|
3/4 |
6.39 |
|
1 |
8.18 |
|
1-1/4 |
8.79 |
|
1-1/2 |
9.38 |
|
2 |
14.16 |
|
3 |
24.11 |
|
6 |
44.03 |
Residential – II (more than one living unit per meter)
Commercial
Industrial
|
Meter Size (inches) |
First Unit Monthly Charge |
Each Additional Unit Monthly Charge |
|
5/8 |
$6.19 |
$3.71 |
|
3/4 |
6.39 |
3.71 |
|
1 |
8.18 |
3.71 |
|
1-1/4 |
8.79 |
3.71 |
|
1-1/2 |
9.38 |
3.71 |
|
2 |
14.16 |
3.71 |
|
3 |
24.11 |
3.71 |
|
6 |
44.03 |
3.71 |
B. Metered water rate schedules:
Metered Water Rate Schedule
|
Class |
First 1,000 Cubic Feet per Monthly Period |
Above 1,000 Cubic Feet Per Unit per Monthly Period |
|
Residential – I |
$0.97 |
$0.48 |
|
Residential – II |
0.97 |
0.48 |
|
Commercial |
0.75 |
0.75 |
|
Industrial |
0.75 |
0.75 |
(Ord. 92-120 § 1, 1992; Ord. 90-113 § 1, 1990; Ord. 89-109 § 1, 1989; Res. 1027, 1985; Ord. 807 Art. 3 § 2, 1984)
13.24.060 Bulk water.
The city will make bulk water available to users with bulk hauling facilities at the discretion of the city manager or public works director. Bulk water rates shall be at twice the rate for residential customers. The customer shall only use water from an authorized meter provided by the department of public works. (Ord. 807 Art. 3 § 8, 1984)
13.24.070 Fire line charges.
Fire lines shall be charged a monthly user fee of $3.00 per diameter inch on the fire line size at the property line. (Ord. 92-120 § 1, 1992; Ord. 89-109 § 1, 1989; Ord. 807 Art. 3 § 7, 1984)
13.24.080 Garden meters.
Metered water from a garden meter shall be charged at the current rate for other classifications. Customers desiring a garden meter shall pay the full amount of all installation charges, including all materials and labor for installation and connection to the water main by the city, and prior to receiving this service. Garden meters shall require a $5.00 turn-on fee at the beginning of each water season. (Ord. 807 Art. 3 § 5, 1984)
13.24.090 Multi-use meters.
Where two or more user classifications apply to the same meter use, then the higher use rate for sewer service shall apply unless sewer service is not being received, and then the higher water use rate shall apply. Where two or more billing units are connected to the same meter, all user service charges shall be billed and mailed to the address specified on the service application. (Ord. 807 Art. 3 § 6, 1984)
13.24.100 Meter size changes.
If a change in the size of a meter and service is required or requested, all installation charges shall be paid by the customer. In addition, if the meter size is increased, the user shall pay the difference in system improvement fees for each meter size. If the replaced meter is found usable, a trade-in value will be credited on the installation charges. (Ord. 807 Art. 3 § 18, 1984)
13.24.110 Meter errors and testing.
A customer may request the city to test the meter serving a premises. In such cases:
A. The customer shall deposit with the city a deposit of $10.00 to cover the cost of the test. The deposit will be returned if the meter is found to register more than two percent fast.
B. The customer or the customer’s representative shall have the right to be present when the test is made, and a customer who requests the meter test will be notified not less than two days in advance of the time and place of the test.
C. A written report giving the results of the test shall be furnished to the customer within 10 days of completing the test.
D. Adjustment of bills for meter error will be made according to the provisions of SMC 13.24.210. (Ord. 807 Art. 3 § 13, 1984)
13.24.120 Outside-city rates.
User service charges for customers located outside the city limits shall be billed at one and one-half times the rates of similar user classifications within the city limits. User service charges shall include both base rate charges and metered water rate charges. (Ord. 807 Art. 3 § 4, 1984)
13.24.130 Restoration of service charge.
A. The city shall charge a customer for restoration of water service when service has been discontinued under the provisions of Chapters 13.04 through 13.24 SMC.
B. For the restoration of service, the customer shall pay a fee of $10.00.
C. This charge shall not apply to newly installed service connections unless the applicant may have outstanding charges in another account. (Ord. 807 Art. 3 § 11, 1984)
13.24.140 Construction – Engineering fees.
A. Engineering fees shall be paid by all persons requesting engineering services of the city for the construction of water mains and appurtenances. Engineering services by the city are subject to staff availability. Fees are due and payable upon completion of the installation and prior to any connection permit approval.
B. Engineering fees are determined as follows:
1. Design services, six percent of total construction cost;
2. Contract administration services, three percent of total construction cost;
3. Construction inspection services, three percent of total construction cost.
C. The construction inspection services and fee shall be mandatory and not subject to re quest by the property owner. All construction costs shall be verified from actual invoices and receipts when the city is not responsible for contract administration. (Ord. 807 Art. 3 § 20, 1984)
13.24.150 Construction – Bonding and insurance.
Bonding and insurance for water construction shall be as provided in the Silverton improvement ordinance. (Ord. 807 Art. 3 § 21, 1984)
13.24.160 Computation and collection of charges.
All collections for user service charges shall be made by the appropriate city department. User service charges shall be computed and payable as provided in this chapter. (Ord. 807 Art. 3 § 10, 1984)
13.24.170 Revenues – Deposit and use.
The city manager/recorder is directed to deposit in the water fund all the gross revenues received from charges, rates and penalties collected for the use of the water system as herein provided. The revenues thus deposited in the water fund shall be used exclusively for the operation, maintenance, improvements of the water system, and payments of the principal and interest on any bonded indebtedness of the city water system. (Ord. 807 Art. 3 § 22, 1984)
13.24.180 Billing – Mailing address.
Bills for user service charges shall be mailed to the address specified in the application for permit to make the connection, unless or until a different owner or user of the property is reported to the department of public works. (Ord. 807 Art. 3 § 9, 1984)
13.24.190 Billing – Payment responsibility.
The property owner of record shall be responsible for payment of all charges prescribed in Chapters 13.04 through 13.24 SMC. (Ord. 807 Art. 3 § 16, 1984)
13.24.200 Billing – Time and payment date.
A. Water service charges shall include a base charge and a usage charge. Water service shall be billed at a monthly rate. Fire line fees shall be billed at the same time as water service charges.
B. Payment of all service charges shall be considered due and payable by the last working day of the month in which the bill is mailed. Bills not paid by that time shall be subject to a 10 percent surcharge on the unpaid balance.
C. Meters shall be read at regular monthly intervals for the preparation of monthly bills and as required for the preparation of opening and closing and special bills. Meter readings shall be averaged during any period when it is impossible or impractical to read meters on regular reading times.
D. Each meter on a customer’s premises shall be billed separately, and readings of two or more meters shall not be combined unless the city’s operating convenience requires. (Ord. 92-120 § 1, 1992; Ord. 89-109 § 1, 1989; Ord. 807 Art. 3 § 3, 1984)
13.24.210 Adjustment of accounts.
Customer accounts shall be adjusted for any of the following circumstances:
A. Accounts receiving less than one month of service will be billed on a pro bata basis according to meter size.
B. When, upon tests, a meter is found to be registering more than two percent fast under conditions of normal operations, the city shall refund to the customer the full amount of the overcharge, based on corrected meter readings for a period not exceeding two months.
C. When, upon tests, a meter is found to be registering more than five percent slow, the city may bill the customer for the amount of the undercharge based upon corrected meter readings for a period not exceeding two months.
D. The city may bill the customer for water consumed while the meter is not registering. The bill shall be at the minimum monthly meter rate, or shall be computed upon an estimate of consumption based upon the customer’s prior use during the same season of the prior year.
E. When a customer reports a water leak to the public works department in a timely manner, and the city has verified that the leakage has occurred and was caused by either a broken pipe or pipe connection, the city will adjust the billing by reducing the affected monthly usage by the excess over the user’s normal amount. A $10.00 service fee shall be added to the adjusted bill.
F. Faulty valves or similar devices of the customer shall not be grounds for the adjustment of a high water bill. In addition, obvious neglect or improper installation by the customer shall not be grounds for adjustment of a high water billing. (Ord. 92-120 § 1, 1992; Ord. 89-109 § 1, 1989; Ord. 807 Art. 3 § 14, 1984)
13.24.220 Delinquent accounts.
A. Utility bills for water and sewer service shall be due and payable on the sixteenth day of the month following the month in which they were mailed.
B. Utility bills shall be delinquent it not paid by the due date and a $3.00 late fee shall be added to the account balance on the next working day following the due date.
C. 1.5 percent monthly interest charge on the past due balance shall be added to the account if the utility bill is not paid by the last day of the month.
D. Water service for delinquent utility accounts may be turned off after providing the owner and occupants with written notice:
1. Written notice shall be sent to the occupant and person responsible for the account (if they are different) stating that water service shall be discontinued unless the delinquent account balance is paid by 5:00 p.m. on the fifth day of the month or a later specified date and time. The notice shall be mailed a minimum of 10 days prior to the date the water is to be turned off. Water services shall not be turned off after 2:00 p.m. in the afternoon noon shall water services be turned off on Fridays, weekends, or the day before a regular holiday.
2. In addition to the information given in subsection (D)(1) of this section, the notice shall also indicate that responsibility for payment of any unpaid balance shall be the responsibility of the property owner and may be placed as a lien against the premises as authorized by SMC 13.24.190 and 13.24.230.
E. If the full payment of the delinquent amount is not made by the date designated on the turn-off notice, the water may be immediately turned off. At the time water service is turned off, a notice shall be posted on the premises indicating the water service has been turned off and it may be restored by payment of the delinquent amount and a restoration fee, as stipulated by SMC 13.24.130.
F. Prior to the restoration of service by the city, the delinquent bill and restoration fee shall be paid, unless a deferred payment schedule is approved by the city manager, or his designee.
G. Delinquent utility accounts totaling less than $25.00 shall not be turned off unless circumstances indicate the service has been abandoned. (Ord. 95-120 § 1, 1995; Ord. 89-110 § 1, 1989; Ord. 834 § 1, 1986; Ord. 807 Art. 3 § 15, 1984)
13.24.230 Water charge liens.
Water service charges shall be a lien against the premises served from and after the date of billing and entry on the ledger or other records of the city pertaining to the water system, and such ledger or other records shall remain accessible for inspection by anyone interested to ascertain the amount of such charges against the property. Whenever a bill for water service remains unpaid 90 days after it has been rendered, the lien thereby created may be foreclosed in a manner provided for in Oregon Revised Statutes 223.610, or in any other manner provided for by law or by city ordinance. (Ord. 807 Art. 3 § 17, 1984)
13.24.240 Appeal procedures.
A water user who feels their fee or charge is unjust or inequitable, as applied to their premises, within the intent of the foregoing provisions, may make a written appeal to the city council requesting a review of the fee or charge. Review of the request shall be made by the appropriate city staff, who shall determine if it is substantiated or not, including recommended action to the council if necessary. If the city council substantiates the request, the fee or charge for that user shall be recomputed based on the approved, revised flow. The council shall have the final responsibility for determining equitability of charges where special circumstances are found, and for the adjusting of such charges in a consistent and equitable manner. (Ord. 807 Art. 3 § 23, 1984)