Chapter 12.20
UTILITY BILLING REGULATIONS

Sections:

12.20.010    Billing and payment policy.

12.20.020    Assessing fees and penalties for nonpayment and delinquency.

12.20.030    Termination of service.

12.20.040    Payment required before service restoration.

12.20.050    Lien rights.

12.20.060    Adjustment to bills.

12.20.010 Billing and payment policy.

(1) Bi-monthly billings shall be mailed to the address of the owner of the property being served by the utilities, as the address appears in the records of the city utility department. Upon written request of the owner, billing statements may be sent directly to the occupant of the property being served; however, in such cases the owner shall remain liable for payment of the bill, and the property shall remain subject to a lien for delinquent account.

(2) All payments on utility bills shall be applied first to the sewer balance, second to the drainage balance, and third to the water balance. Penalties and other charges are allocated proportionately to each utility.

(3) In the event that any fees or charges assessed for such services are not paid within 40 calendar days after mailing of the bills for such services, they shall be considered delinquent and shall automatically constitute a lien against the property to which the services were rendered. (Ord. 1189 § 4, 2006; Ord. 1101 § 2, 2000; Ord. 1085 § 2, 1999; Ord. 748 § 1, 1988).

12.20.020 Assessing fees and penalties for nonpayment and delinquency.

(1) Delinquency. A utility account is considered delinquent when the customer or occupant receiving the service fails to pay the utility charges within 40 calendar days after the billing date. Termination of service does not relieve the customer of the obligation to pay delinquent accounts and charges.

(2) Service Restoration Charge. A turn-on charge of $25.00 shall be assessed to the property owner account at the time of request for restoration of water service.

(3) Late Penalty. For each notice sent to a utility customer advising the customer that an account is delinquent or the utility service will be discontinued by reason of the delinquency, there shall be a late penalty charge added to the account of five percent of the unpaid balances. The finance director, or his/her designee, is authorized to waive the late penalty charge under the following circumstances:

(a) Where a utility customer has made arrangements with the city, prior to the date the billing is due, for deferral of the payment of the bill; or

(b) In such circumstances where, in the judgment of the finance director or his/her designee, the customer can demonstrate a bona fide economic hardship.

(4) Other Fees and Charges.

(a) If a utility account is dishonored by the drawer’s bank by reason of insufficient funds, a surcharge of $20.00 shall be added to the utility account.

(b) If a utility account is liened by reasons of nonpayment for up to four months, the customer shall be responsible for payment of all lien recording fees. These lien charges shall be assessed on utility account balances. (Ord. 1189 § 4, 2006; Ord. 1101 § 2, 2000; Ord. 1085 § 2, 1999; Ord. 748 § 2, 1988).

12.20.030 Termination of service.

Water service may be discontinued by the city for delinquent and unpaid charges as specified in SMC 12.20.020. (Ord. 1189 § 4, 2006; Ord. 1101 § 2, 2000; Ord. 1085 § 2, 1999; Ord. 748 § 3, 1988).

12.20.040 Payment required before service restoration.

Water service may not be restored to the premises until all utility billing charges as specified in SMC 12.20.020 due and owing have been satisfied. (Ord. 1189 § 4, 2006; Ord. 1101 § 2, 2000; Ord. 1085 § 2, 1999; Ord. 748 § 4, 1988).

12.20.050 Lien rights.

(1) Liens against the property for up to four months of unpaid charges shall encumber the property, and shall be the obligation of the owner of the property, its heirs, successors, and assigns, until the same is paid in full. The city may enforce the lien by shutting off water services until all delinquent and unpaid charges are paid in full.

(2) Nothing in this chapter shall be construed as abridging the lien rights of the city of Stanwood, or other legally established sanctions. (Ord. 1189 § 4, 2006).

12.20.060 Adjustments to bills.

(1) In the event a meter fails to register the correct amount of water used, the customer will be charged at the average rate of monthly consumption for the previous 12 months as shown by the meter when in working order.

(2) In the event a leak or failure of a private water system or private service between the meter and the structure located on private property results in excess consumption, the city may, through a determination of the city finance director, provide for a rate adjustment up to 50 percent of the volume consumed in any one billing period in excess of the bi-monthly average of water consumed over the previous 12 months at that service address.

(a) Customers shall be required to provide proof of repair to leak or failure prior to receiving any rate adjustment.

(b) Application for the credit or adjustment must be made in written form and approved by the city finance director or his/her designee.

(c) No more than one application for credit may be considered per service address in any 24-month period. (Ord. 1189 § 4, 2006).