Chapter 13.40
BILLING AND COLLECTION
OF UTILITY CHARGES

Sections:

13.40.010    Title.

13.40.020    Definitions.

13.40.030    Billing – Delivery.

13.40.040    Utility billing – Delinquency date.

13.40.050    Notice of account delinquency and service discontinuance.

13.40.060    Notice of account delinquency – Contents.

13.40.070    Notice of account delinquency – Additional service charge.

13.40.080    Hearing – Notice.

13.40.090    Hearing – Procedure.

13.40.100    Decision of utility hearing examiner.

13.40.110    Discontinuance of utility services.

13.40.120    Reconnection – Payment required.

13.40.130    Unauthorized reconnection – Meter removal – Charges.

13.40.140    Allocation of partial payments.

13.40.150    Authority of city to require cash payment.

13.40.160    Landlord liability.

13.40.170    Deposits to current expense fund.

13.40.010 Title.

The ordinance codified in this chapter shall be known as the “Billing and Collection of Utility Charges Ordinance for the city of North Bend,” and may be cited as such. (Ord. 723 § 1, 1987).

13.40.020 Definitions.

For the purposes of this chapter, the fol­lowing terms, phrases, words and their derivations shall have the meaning given in this section:

A. “Combined utility billing” means a bill for water, sewer, garbage and/or other utility services provided by the city at rates estab­lished by city ordinance. Capital improvement charges, meter charges, connection charges, reconnection charges, turn-off charges and other similar charges provided for by city ordi­nance may be included in the combined utility billing.

B. “Customer” means the owner of the property to which utility services are provided, or the consumer of utility services or other per­son designated on the billing address shown in the files of the city clerk’s office.

C. “Utility hearing examiner” means a person designated by the mayor to hear and decide billing disputes between the city and its utility customers. (Ord. 723 § 2, 1987).

13.40.030 Billing – Delivery.

A. Combined utility billings shall be delivered to the customer by depositing the same in the United States mail, first class, directed to the address shown on the applica­tion for utility service submitted by the customer to the city or on the change of address submitted by the customer to the city.

B. Deposit in the United States mail pur­suant to subsection A of this section shall be deemed full and complete notice to the cus­tomer of the nature and amount of any particular billing. (Ord. 723 § 3(A), (B), 1987).

13.40.040 Utility billing – Delinquency date.

A. Combined utility billings shall be delivered to the customer by depositing the same in the United States mail, first class, directed to the address shown on the applica­tion for utility service submitted by the customer to the city or on the change of address submitted by the customer to the city.

B. Deposit in the United States mail pur­suant to subsection A of this section shall be deemed full and complete notice to the cus­tomer of the nature and amount of any particular billing.

C. The combined utility billing shall be due and payable in full 10 days from the date of the billing statement which shall be the tenth day of each month, unless that date is a weekend day or legal holiday in which case the billing date shall be the next business day. The combined utility billing, or any portion thereof, which is not paid in full before the date of the next billing statement shall be delinquent and shall result in the issuance of a notice of account delinquency and service dis­continuance pursuant to NBMC 13.40.050. (Ord. 746 § 1, 1988: Ord. 723 § 3 (C), 1987).

13.40.050 Notice of account delinquency and service discontinuance.

A. Whenever a combined utility billing is delinquent, the city clerk shall give notice of account delinquency and service discontinu­ance to the customer of the city’s intent to discontinue city utility services if payment in full is not made. Notice shall be given by post­ing it upon the premises, or depositing it in the United States mail, postage prepaid, directed to the last known address of the customer as shown on the records of the city, at least 10 calendar days prior to the date of intended ter­mination. If the address shown on the records of the city is different than the address to which utility service has been delivered, then in addition to mailing the notice, the city shall also post the notice on a conspicuous part of the premises to which service is being deliv­ered 10 days prior to the date of intended discontinuance of service.

B. Deposit in the United States mail and/or posting on the premises pursuant to subsection A of this section shall be deemed full and com­plete notice to the customer of the delinquent account. (Ord. 723 § 4(A), (B), 1987).

13.40.060 Notice of account delinquency – Contents.

The notice of account delinquency and ser­vice discontinuance shall include the following information:

A. The name of the customer and the address to which the utility service is being provided;

B. The account number;

C. Total amount due and owing including delinquent amount;

D. Notice that all city utility services shall be terminated upon failure to pay the delin­quent billing in full within 10 days of the date of the mailing of the notice;

E. Notice that the customer has the right to request a hearing before a utility hearing examiner. (Ord. 723 § 4(C), 1987).

13.40.070 Notice of account delinquency – Additional service charge.

There shall be an additional service charge as established by the taxes, rates and fees schedule adopted by ordinance, added to a delinquent account as a result of the necessity for sending out the notice of account delin­quency and service discontinuance. Such amount must be paid in addition to the delin­quent amount in order to avoid the utility shut-off. If the utilities are shut off, then before util­ity service will be restored, the amounts set forth in the taxes, rates and fees schedule adopted by ordinance must be paid plus a reconnection fee. (Ord. 1237 § 9 (part), 2005: Ord. 1144 § 1, 2002: Ord. 909 § 1, 1992: Ord. 723 § 8, 1987).

13.40.080 Hearing – Notice.

Within two days of receipt of the cus­tomer’s request for a hearing pursuant to NBMC 13.40.060, the examiner shall fix the time and place of the hearing. The examiner or his/her designee shall give written notice to the customer of the date, time and place of the hearing by depositing such notice in the United States mail, first class, addressed to the cus­tomer at his last known address as shown on the city records, at least five calendar days prior to the date of the hearing. If the notice of account delinquency and service discontinu­ance was posted on the premises pursuant to NBMC 13.40.050(A), notice of the hearing shall also be posted on a conspicuous part of the premises at least three days prior to the hearing. (Ord. 1053 § 9, 1998: Ord. 723 § 5, 1987).

13.40.090 Hearing – Procedure.

At the hearing provided for in NBMC 13.40.080, the customer and the city shall have the right to present such evidence as is perti­nent the issues, to be represented by counsel, to submit exhibits and to examine and cross-examine witnesses. However, the hearing shall be conducted informally, and formal rules of evidence shall not be followed. The purpose of the hearing shall be restricted solely as the issue of whether or not the amount alleged to be due and owing is in fact due and owing. (Ord. 723 § 6, 1987).

13.40.100 Decision of utility hearing examiner.

Within one calendar day after the hearing, the utility hearing examiner shall make his written decision and deposit a copy of the deci­sion in the United States mail, first class, to the customer at his/her last known address as shown on the city records. In the event the util­ity hearing examiner finds that the city utility services shall be discontinued, his written decision shall specify the delinquent amount and shall notify the customer that if the cus­tomer fails to pay that amount in full within 24 hours of the date of the written decision, all city utility services shall be terminated without further notice; provided, in the event of a dis­puted water and/or sewer services account and tender to the city administrator by the cus­tomer of the amount he claims to be due before the water and sewer services are terminated, the city shall not terminate the water or sewer service until a suit has been filed by the city and judgment entered therein in the city’s favor. (Ord. 723 § 7, 1987).

13.40.110 Discontinuance of utility services.

City utility departments are authorized to discontinue and disconnect utility services to any customer pursuant to the procedures set out in this chapter. Customers shall remain responsible for furnishing the city with the cor­rect address for billing purposes. (Ord. 723 § 10, 1987).

13.40.120 Reconnection – Payment required.

When utility service has been involuntarily terminated, it will not be resumed until all util­ity charges due to the city, including any charges for resuming service as set forth in city ordinances, have been paid in full. (Ord. 723 § 12(B), 1987).

13.40.130 Unauthorized reconnection – Meter removal – Charges.

In the event a city utility service which has been voluntarily or involuntarily terminated is reconnected without city approval and by other than city personnel, the city shall have the right to remove the meter and so much of the service installation as the city deems appropriate under the circumstances. Resump­tion of service upon removal of the meter and/or other service apparatus shall require advance payment of the city’s actual cost of meter and equipment removal and reinstalla­tion. (Ord. 723 § 11, 1987).

13.40.140 Allocation of partial payments.

Whenever any partial payment of a utility billing is received, the amount paid shall be credited to outstanding charges in the follow­ing order of priority:

A. Interest;

B. Penalties;

C. Taxes;

D. Garbage;

E. Sewer;

F. Water. (Ord. 723 § 13, 1987).

13.40.150 Authority of city to require cash payment.

The city reserves the right to require pay­ment by cash or certified funds from any customer who has previously tendered a dis­honored check. (Ord. 723 § 12(A), 1987).

13.40.160 Landlord liability.

Owners and occupants of leased premises served by the utilities furnished by the city are jointly liable for payment of the cost of any utilities furnished by the city to such premises, whether such utility service is furnished on the application and request of the owner or the les-

see of the premises. The owner of any leased premises, or the owner’s agent if leasing is through an agent, shall be notified of the delinquency of the occupant of the leased pre­mises in the same manner as notice is provided to the customers pursuant to NBMC 13.40.050 and 13.40.060 and at the same time notice is provided to the lessee/customer. (Ord. 723 § 9, 1987).

13.40.170 Deposit to current expense fund.

All late fees, interest and returned check charges for any city of North Bend water, sewer or sanitation customer account shall be paid into the city of North Bend current expense fund as reimbursement to the city for the cost of processing late payments and returned checks. (Ord. 969 § 1, 1995).