Chapter 7.01
UTILITY SERVICE BILLING*

Sections:

7.01.010    Administration of utility billing.

7.01.020    Utility service applications.

7.01.030    Utility accounts.

7.01.040    Payments received.

7.01.050    Utility bills – Due date – Collection.

7.01.060    Utility bills – Alternate collection procedure.

7.01.070    Additional remedy.

7.01.080    Lifeline utility rate.

*Cross reference(s) – Utility tax levied on telephone, gas, electric, garbage, water, sewer and drainage utilities, Ch. 3.18; utilities clearing fund, § 3.40.1000.

State law reference(s) – Lien for utility services shall be as provided in RCW 35.21.290 et seq., RCW 35A.21.100; authority to provide utility service inside or outside city, RCW 35A.80.010; water and sewer facilities utilities act, RCW 35.91.010 et seq.; municipal utilities, RCW 35.92.010 et seq.; authority to charge for utility connections, RCW 35.92.025; environmental policies, RCW 43.21C.010 et seq.

7.01.010 Administration of utility billing.

The finance manager shall be responsible for billing for utility services and the administration and enforcement of utility accounts.

(Ord. No. 2371, § 2; Ord. No. 3181, § 1, 8-2-94; Ord. No. 3864, § 1, 12-11-07. Formerly Code 1986, § 7.02.010)

7.01.020 Utility service applications.

All applications for utility service on established accounts shall be made to the customer services division of the finance department. The written application shall be made by the owner or authorized agent of the property where service is requested. For new utility service, the application shall be made to the public works department for approval and then to the customer services division of the finance department to be processed in the normal manner. Whenever an application for utility service is made by an agent, the agent shall submit written authority from the owner authorizing such agent to receive the utility service requested. An acknowledgment that the owner is legally liable for all service shall be included in this written authority.

(Ord. No. 2371, § 1; Ord. No. 3181, § 1, 8-2-94; Ord. No. 3864, § 1, 12-11-07. Formerly Code 1986, § 7.02.040)

State law reference(s) – Combined utility billing, etc., authorized, RCW 35.67.331.

7.01.030 Utility accounts.

All accounts for utility service shall be kept in the name of the owner. The owner may request, upon approval by the finance director, that the account shall be billed to a renter, tenant, or lessee. No change of ownership or occupancy shall affect the application of this chapter.

(Ord. No. 2371, § 1; Ord. No. 3864, § 1, 12-11-07. Formerly Code 1986, § 7.02.080)

7.01.040 Payments received.

All money for the payment of utility bills shall be received by the finance manager or authorized agent.

(Ord. No. 2371, § 1; Ord. No. 3181, § 1, 8-2-94; Ord. No. 3864, § 1, 12-11-07. Formerly Code 1986, § 7.02.120)

7.01.050 Utility bills – Due date – Collection.

A. All utility bills are due and payable in the office of the finance manager within fifteen (15) days after the billing date appearing on the bill. Bills not paid within twenty-one (21) days of the billing date shall be considered delinquent. If the twenty-first day falls on a legal holiday, Saturday, or Sunday, the first business day thereafter shall be considered the twenty-first day. When an account is delinquent in payment, the city will provide written notice of said delinquency to the occupant by mail, door hanger, or other form, and a delinquent notice fee in the amount of ten dollars ($10) will be assessed against the account. This delinquent notice fee shall be in addition to the service charges assessed in accordance with KCC 3.10.020. The notice shall advise the occupant of shutoff of utility service and the assessment of late payment or related fees added to the delinquent utility account. A schedule of these fees is on file with the customer services division of the finance department.

B. When a charge for water service is delinquent, the service shall be subject to shutoff upon notice to the customer. Regulations governing issuance of notice, consistent with this chapter, shall be promulgated by the finance manager. The service shall not be restored until full payment of the delinquent account is received, together with a water turn off/turn on charge. At the time service is turned off for delinquency, a turn off charge of thirty dollars ($30) shall be assessed against the account. Once all past due charges and fees are paid, and the account is current, the city will turn service back on. If more than one service turn off occurs in any twelve (12) month period due to delinquency, a charge in the amount of forty-five dollars ($45) shall be assessed against the account for each additional service turn off.

C. Whenever water service is in the name of a renter, tenant, or lessee, and is subject to turn off for delinquency, the customer services division of the finance department will attempt to provide a duplicate delinquent notice to the owner of record shown on the application for service. Although a duplicate delinquent notice may be sent in accordance with this subsection, the ten dollar ($10) delinquent notice charge will not be assessed against the account a second time.

D. Delinquent bills.

1. System of sewerage. Pursuant to RCW 35.67.331 and KCC 7.06.010, the combined sanitary sewage collection and disposal system (sewage) and the storm and surface water utility (drainage), are all combined as the system of sewerage. In addition to the provisions of subsection (A) of this section, delinquent and unpaid rates and charges for sewage and drainage service shall be subject to Chapter 35.67 RCW, and shall be deemed delinquent and unpaid rates and charges for sewer service subject to subsection (D)(2) of this section.

2. Delinquent sewer service rates and charges – Interest – Water service cut off.

a. When a charge for sewerage service is delinquent, the city shall have a lien for delinquent and unpaid charges, plus penalties, which lien shall be effected in accordance with RCW 35.67.210. Liens for sewerage service shall be effective for a period not to exceed six (6) months of delinquent charges without the necessity of any writing or recording. In order to make such a lien effective for more than six (6) months, the finance manager shall file for recording in the office of the King County auditor a notice setting forth the amount of the delinquency, the name of the owner or reputed owner who owes the bill and the description of the lot, tract or parcel to which such lien shall attach. For each lien recorded or released, the city shall assess against the sewerage account a fee in the amount of fifteen dollars ($15) in payment of the city’s costs incurred in preparing and recording each lien or lien release. This fee is in addition to the actual fees charged to the city by King County to record or release a lien, which fees will also be assessed against the account. This lien may be foreclosed in action in superior court pursuant to RCW 35.67.220 et seq.

b. Interest shall be added to any delinquent and unpaid charge for sewer service in the maximum amount allowed by RCW 35.67.200.

(Ord. No. 2547, § 3; Ord. No. 2657, § 1; Ord. No. 3181, § 1, 8-2-94; Ord. No. 3864, § 1, 12-11-07. Formerly Code 1986, § 7.02.160 (A – C))

State law reference(s) – Combined utilities, RCW 35.67.331; lien and foreclosure procedure, RCW 35.67.200 et seq.; interest rate, RCW 35.67.200.

7.01.060 Utility bills – Alternate collection procedure.

As an additional method of collecting the delinquent charges and concurrent method of enforcing the lien authorized by RCW 35.67.200 et seq. and KCC 7.01.050, the city may cut off water service from the premises to which such sewerage service was furnished after the charges become delinquent and unpaid, until the charges and delinquent account are paid. The right to enforce the lien by cutting off and refusing water service shall not be exercised after two (2) years from the date of the recording of sewerage lien notice except to enforce payment of six (6) months of charges for which no lien notice is required to be recorded.

(Ord. No. 2547, § 3; Ord. No. 3864, § 1, 12-11-07. Formerly Code 1986, § 7.02.160(C)(2)(c))

State law reference(s) – Similar provisions, RCW 35.67.290.

7.01.070 Additional remedy.

The remedies set forth in KCC 7.01.050 and 7.01.060 are not meant to be exclusive and the city may use any alternate method of collecting delinquent charges that is available under common law or the laws of the state.

(Ord. No. 2547, § 3; Ord. No. 3864, § 1, 12-11-07. Formerly Code 1986, § 7.02.160(D))

7.01.080 Lifeline utility rate.

The lifeline utility rate is available only to utility customers qualifying under the following criteria:

A. The utility account shall be in the name of the individual owner or renter certifying eligibility for the lifeline utility rate.

B. That individual shall be or exceed sixty-two (62) years of age at the time of filing or be permanently and totally disabled.

C. For a household of one (1) or more individuals, the adjusted gross personal income for all individuals living in the household, as determined by Internal Revenue Service individual tax forms filed for the previous year, shall not exceed the income limits set annually by the federal Department of Housing and Urban Development (“HUD”) concerning eligibility for HUD assisted housing programs.

D. Only one (1) service charge reduction per utility will be given for each applicant and for each property served.

E. The service under which the lifeline utility rate is assessed shall be for single-family residential purposes only.

F. Individuals must apply for the lifeline utility rate through the customer services division of the city’s finance department located at the Centennial Center, 400 West Gowe St., Kent, Washington. The application must be notarized and may be required to be submitted annually.

G. Determination of eligibility shall be made by the city’s finance director, or his or her designee, based upon the information given in the eligible customer’s application.

H. Upon approval of the application, the household will receive the reduced utility rate for water, sewer, solid waste, and storm utilities beginning the first day of the month following the date of the application.

(Ord. No. 3779, § 1, 12-13-05; Ord. No. 3864, § 1, 12-11-07)