Chapter 2.12
COLLECTION OF ACCOUNTS – UTILITIES
Sections:
2.12.010 When due – Bimonthly.
2.12.020 When due – Monthly utility accounts.
2.12.030 Monthly payment plan.
2.12.050 City right to lien.
2.12.160 Changing location.
2.12.170 Charge for reconnection.
2.12.180 Deposits – Advance payments.
2.12.200 Disconnection – When authorized.
2.12.240 Discontinuance of service – Notice from customer.
2.12.250 Vacant premises.
2.12.280 Unauthorized service – Penalty.
2.12.300 Appeal procedure.
2.12.320 Dishonored checks.
2.12.340 Sewer credit policy.
2.12.010 When due – Bimonthly.
Bimonthly utility accounts are due and payable within 20 days following the date of mailing of the utility bill. If not paid by the due date, the entire account shall be deemed delinquent. When a bimonthly utility account becomes delinquent:
A. A final notice shall be mailed within five working days after the bill due date.
B. If there is no response within seven calendar days to the mailed final notice, a tag for disconnect shall be delivered within 48 hours to the service address of the utility consumer giving 48 hours' notice of pending disconnection for said service address.
C. If there is no response to the tag for disconnect, utility service shall be disconnected for said service address. [Ord. 3978 § 1, 1995; Ord. 3698 § 1, 1990; Ord. 3434 § 1, 1984; Ord. 3411 § 1, 1983.]
2.12.020 When due – Monthly utility accounts.
Monthly utility accounts are due and payable within 15 days following the date of mailing of the utility bill. If not paid by the due date, the entire account shall be deemed delinquent. When a monthly utility account becomes delinquent:
A. A final notice shall be sent by regular mail within five days after the due date.
B. If there is no response to the mailed final notice, a tag for disconnect shall be delivered within 48 hours to the service address of the utility consumer giving 48 hours' notice of pending disconnection for said service address.
C. If there is no response to the tag for disconnect, utility service shall be disconnected for said service address. [Ord. 3434 § 2, 1984; Ord. 3411 § 1, 1983.]
2.12.030 Monthly payment plan.
A monthly payment plan is available to those approved utility customers who apply for permission to make equal monthly payments. The monthly payment plan shall provide for the following:
A. A monthly payment for the utility customer shall be computed on the previous billing history and any expected rate increases. If the account has not been in existence for 12 months, the payment shall be computed from an estimated usage based on the load capacity.
B. The utility customer shall be given six monthly payment coupons with payment amounts.
C. Every monthly payment utility customer's account shall be reviewed by the city every six months and adjusted appropriately to reflect actual usage expense.
D. The utility customer shall continue to receive the normal billing, but not any delinquent notices if the monthly payments are kept current pursuant to the equal payment plan.
E. If payment of at least the amount reflected on the monthly coupons is not received each month, the utility customer shall be notified by mail of cancellation of the monthly payment plan and such utility customer shall then become subject to the collection policies as outlined in ECC 2.12.010 or 2.12.020. [Ord. 3411 § 2, 1983.]
2.12.050 City right to lien.
The provisions of this chapter shall not abrogate or limit the city's right to enforce liens on property as provided by RCW 35.21.290 and 35.21.300, and the city shall have all rights allowed by this chapter and/or any other applicable laws or regulations of the state of Washington as presently enacted or hereafter amended; provided, however, individual utility customers shall be held liable and responsible for all utility services applied for and consumed by such customer. [Ord. 3411 § 3, 1983.]
2.12.160 Changing location.
When any city utility customer moves to a different service location within the city's service area, all charges for utility service from the previous service location remaining unpaid on the due date of the final billing shall be subject to transfer to the customer's new utility account. Any transferred charges will be collected according to the procedures set out in ECC 2.12.010 and 2.12.020. Any applicant for a new service location who has had a prior uncollected account, including those written off or turned over to a collection agency for collection, shall pay the prior delinquent account or accounts before any application for new service may be approved. This requirement is in addition to any other requirements set forth for new service connections, including deposits. [Ord. 3978 § 2, 1995; Ord. 3570 § 1, 1987; Ord. 3411 § 4, 1983.]
2.12.170 Charge for reconnection.
Whenever an order for utility service disconnection due to delinquency or nonpayment of any charges has been delivered to the utility service technician, continuation of the utility service shall be made only after all delinquent utility accounts owed to the city of Ellensburg have been paid and a deposit has been paid as required by Chapter 2.14 ECC if no deposit is currently being held for the service account. Whenever a utility service has been physically disconnected for nonpayment of charges, reconnection fees shall be charged at the following rates before reconnection service can occur:
A. If reconnection is made during regular business hours: $30.00.
B. If the service disconnection was ordered due to delinquency or nonpayment and the reconnection is made during nonbusiness hours, or if reconnection is provided during nonbusiness hours at the customer's request, the charge for the reconnection shall be four times the current hourly rate of:
1. The lineman classification for electricity;
2. The journeyman rate for gas; or
3. The foreman rate for water. [Ord. 3978 § 3, 1995; Ord. 3570 § 1, 1987; Ord. 3411 § 5, 1983.]
2.12.180 Deposits – Advance payments.
Whenever the city manager deems the collection of an account insecure by reason of successive delinquencies, he may require additional deposit or bond to secure the payment of utility accounts and may also require that service be estimated and paid monthly in advance, to be adjusted when billings can be made based on actual service rendered. [Ord. 2353 § 4, 1957.]
2.12.200 Disconnection – When authorized.
Notwithstanding the provisions of this chapter, the city may exercise its right of shut-off whenever it deems its charges may become uncollectible from the person who has benefitted by the service, and the failure of any customer to receive or have mailed to him any billing or notice provided for in this chapter shall not in any manner affect the city's right to discontinue service. Permitting an account to become delinquent repeatedly may also be a proper cause to discontinue service until all delinquencies are paid and such bond posted or deposit made as the city may deem sufficient to ensure the prompt payment of future bills. [Ord. 2095 § 4, 1949.]
2.12.240 Discontinuance of service – Notice from customer.
Whenever a customer intends to discontinue receiving service from the city, he shall advise the city when to disconnect the service, and therewith pay all charges due the city. It is therewith the duty of the utilities department to disconnect the service and take the final meter reading. Failing to so notify the city shall render the customer liable for all service rendered to the premises until the persons in charge of cut-outs and cut-ins in the city utilities department have had actual notice of such discontinuance of service. [Ord. 2095 § 5, 1949.]
2.12.250 Vacant premises.
Property owners shall be responsible for all utility service used when the premises are vacant. Owners of leased or rented premises shall be responsible for utility services used by the premises until the city has opened an account for a tenant or until the effective date of a termination following a proper request for disconnection of service. [Ord. 3411 § 6, 1983.]
2.12.280 Unauthorized service – Penalty.
It is unlawful for the person in charge of any premises to receive service of water or of electric energy from the city without having applied for service at the City Hall and having been authorized by it to received service. Any person violating this section, in addition to his own bills, shall be held liable for any unpaid and outstanding bills owing by former occupants of the premises for service rendered thereto within four months prior to his own occupancy. If unauthorized service is unmetered, in addition to the foregoing, the person shall be liable to the city at metered rates based on estimates of the superintendent of the light or water department, as the case may be, which may be as high as the maximum possible service furnished to the premises in case there is no other practical means of estimating the actual unmetered service received. Any person violating the provisions of this section shall, upon conviction, be fined in a sum not exceeding $100.00 or shall be imprisoned in the city or county jail for a period of not exceeding 30 days, or shall be punished by both such fine and imprisonment. [Ord. 2095 § 6, 1949.]
2.12.300 Appeal procedure.
All utility customers and residents of the city of Ellensburg shall have the right to appeal disputed utility bills. Service shall not be disconnected during the pendency of an appeal which is being pursued according to the procedural requirements for such appeal.
A. Informal Appeal. Utility customers who question or dispute their bills or the payment thereof, or are unable to pay the full amount when due, shall have the right to an informal appeal with an employee of the city finance department.
1. Informal appeal may be conducted by telephone or in City Hall, 501 No. Anderson Street, during regular business hours, 8:00 a.m. to 5:00 p.m., Monday through Friday.
2. Every reasonable effort shall be made by the city to accommodate the customer in these matters. If deferred payment arrangements are requested to be extended to a customer, such arrangements, except the equal monthly payment plan, must be approved by the city clerk, director of administrative services or the city manager.
3. All data assembled or recorded at informal appeals shall be filed in the finance department and shall be available to the director of administrative services and the city manager.
B. Right of Formal Appeal. Customers who disagree with the decisions of the finance department employees after informal appeal shall have the right of formal appeal to the director of administrative services or the city manager or his designee, conducted as follows.
C. Formal Appeal.
1. Customers who desire a formal appeal must contact the office of the director of administrative services between the hours of 8:00 a.m. and 5:00 p.m. A hearing shall be arranged within two days with the director of administrative services or the city manager or his designee. The hearing shall be scheduled between the hours of 8:00 a.m. and 5:00 p.m. on a regular business day.
2. The customer or customer's representative shall open the hearing with a statement of the customer's position in the matter and a presentation of evidence in support of the appeal.
3. The director of administrative services or the city manager or his designee shall provide the customer with a written decision within two business days following the appeal hearing. The written decision shall be hand delivered or sent to the customer by certified mail at the service address or at such other address as the customer may request in writing.
D. The written decision shall contain:
1. A summary of the customer's appeal and supporting evidence.
2. A summary of departmental credit action.
3. The decision and rationale.
4. If the decision is adverse, the date and time the service will be disconnected.
If the customer refuses to accept the written decision of the director of administrative services or the city manager or his designee, service to the customer shall be disconnected without further notice. [Ord. 3411 § 7, 1983.]
2.12.320 Dishonored checks.
A. Whenever any check is submitted to the city in payment for any service, charge, tax, license or other fee, and that check is subsequently dishonored for the reason that the account upon which it is drawn is either closed or has insufficient funds on deposit, the check must then be redeemed by the maker thereof at the office of the city finance director/treasurer. The redemption shall be made only by the payment in full by cash, bank cashier's check or money order.
B. In addition to the payment in redemption of dishonored checks provided for in subsection (A) of this section, a charge of $10.00 shall be made for the processing by the city of such dishonored check, and said sum shall be added to the amount to be paid in redemption of said dishonored check. Said $10.00 fee so collected shall be credited to the general fund of the city. [Ord. 3411 § 8, 1983.]
2.12.340 Sewer credit policy.
A. A sewer credit may be granted by the finance director/treasurer or his designee to a customer who has been charged for sewer service while having never been connected to the sanitary sewer system. Credit shall be computed for the actual time period the customer was charged incorrectly up to a maximum of three years.
B. A sewer credit may be granted by the finance director/treasurer or his designee to a commercial customer having a leak in their water system, based upon normal billing for previous billing periods.
1. Sewer credit shall be limited to three billing cycles.
2. Sewer credits shall be limited to one rebate in a 12-month period with a maximum of two sewer credits in a five-year period per account.
C. Customers shall have the right to appeal the decision of the finance director/treasurer or his designee on sewer credits by following the appeal procedures set forth in ECC 2.12.300. [Ord. 3487 § 1, 1985.]