Chapter 13.20
RATES AND FUNDS

Sections:

13.20.010    Rates—On file.

13.20.015    Connections, billings, penalties and interest, and procedure upon delinquency.

13.20.016    Shutoff of persons on the denied services list.

13.20.017    Tenant’s option to pay for sewer service.

13.20.020    Use of funds.

13.20.030    Funds—Accounting and disbursement.

13.20.010 Rates—On file.

A.    Sewer service will be provided only at the rates, fees, and charges established in the sewer system tariff which has been duly adopted and approved by the Dillingham city council. A copy of the tariff shall be available for public inspection during regular business hours at City Hall.

B.    Annually, the sewer system tariff will be reviewed and adjusted as needed to provide the necessary revenues for the operation, repair, maintenance, and replacement of the sewer system. (Ord. 88-05, 1988; Ord. 08-06 § 4, 2008.)

13.20.015 Connections, billings, penalties and interest, and procedure upon delinquency.

A.    All applications for sewer service shall be made to the city on forms provided by the city and as specified in Chapter 13.01. The applicant remains personally liable for payment for the service until such is terminated or transferred by the city.

B.    Bills will be mailed out by the last day of each month. Accounts are delinquent if payment is not received by the fifteenth day of the following month. Nonreceipt of a bill does not alter the due or delinquency date. A penalty of twenty percent will be added to any delinquent payment. In addition, interest at the rate of ten and one-half percent per annum will be charged on any delinquent amount.

C.    A fee of ten dollars shall be charged for each start of sewer service and a fee of ten dollars shall be charged for each disconnection of sewer service.

D.    A penalty of twenty-five dollars will be assessed to the owner of the property for failure to notify the city of occupancy. In addition, a minimum of one month service back billing will be assessed to the owner of the property for this failure to notify.

E.    Every charge made in connection with the construction, installation or repair of facilities incidental to providing sewer service, or for sewer services provided, constitutes a lien chargeable against the property, and has status the same as if the charge was levied as a property tax. The lien may be foreclosed in the same manner as any other lien or mortgage against the property for nonpayment, in addition to other remedies provided in this chapter or elsewhere.

F.    Notice may be sent to the person responsible for any delinquent account, by first class mall, that sewer service will be disconnected on a date certain, which date shall be not less than sixty days after the bill was mailed and thirty days after the date such notice is mailed. The notice should also be mailed to other interested parties or anyone requesting such notice, and shall advise of the following facts and procedure:

1.    The address of the premises, the date of the billing, the amount due and the amount that is delinquent;

2.    The date the city intends to disconnect sewer service;

3.    The right of each consumer to a hearing before city manager or the city manager’s designee upon the filing of a request for hearing received by the city at least one business day before the disconnect date;

4.    The fact that the notice will be canceled upon payment of all delinquent amounts prior to the date specified in the notice.

G.    Upon receipt of a timely request for a hearing, copies of all pertinent documents shall be made available to the consumer and a hearing date shall be set by the city manager or the city manager’s designee. The hearing shall be informal and upon such rules as the city manager or the city manager’s designee might deem appropriate. Continuance may be granted or telephonic participation utilized as necessary, and the consumer shall have the right to ask questions, testify and state his or her case with or without assistance. The issue to be determined is whether the charges are in fact delinquent to the premises, and the amount of the delinquency. The city manager or the city manager’s designee shall clearly express his or her decision either orally at the close of the hearing or within three days in writing.

H.    A consumer may avoid disconnection by paying all delinquent amounts up until the date specified for disconnection. If payment of all delinquent amounts is not made by either the date specified in the notice or, in the event of a hearing, within ten days after decision by the city manager or the city manager’s designee, then service may be disconnected. When so disconnected, sewer service will not be turned on except by proper representatives of the city and upon payment of all amounts due, including the city’s costs incurred disconnecting the sewer service, and any required deposit.

1.    Where the user is served by the water system, disconnection shall be by shutoff of water service to the property.

2.    Where the user is not served by the water system disconnection may be made by excavating and exposing the building sewer within the right-of-way or easement and capping the pipe.

I.    Nothing in this chapter prevents agreement by the city and consumer on procedure or settlement of an outstanding balance in accordance with city policy. (Ord. 08-06 § 5 (part), 2008.)

13.20.016 Shutoff of persons on the denied services list.

The sewer may be disconnected to any premises owned or occupied by a person or business who has been placed on the delinquent list maintained by the Port of Dillingham pursuant to Rule 34.1 of the Port of Dillingham Terminal Tariff, or on the denied services list maintained by the city using the procedures set forth in Chapter 4.40. (Ord. 08-06 § 5 (part), 2008; Ord. 13-10 § 9, 2013.)

13.20.017 Tenant’s option to pay for sewer service.

If the premises owned by a person who has been placed on any delinquent list maintained by the city are occupied by persons who are not on any delinquent list, services may be restored, or termination of services avoided, if the occupant pays the delinquent sewer service bill. (Ord. 08-06 § 5 (part), 2008.)

13.20.020 Use of funds.

All moneys collected for sewerage system use will be used strictly for maintenance, extension, repair, capital improvement, and operation of the system. (Ord. 88-05, 1988.)

13.20.030 Funds—Accounting and disbursement.

All moneys collected for sewerage system use will be separately accounted for by the city treasurer and disbursed by action of the city council. (Ord. 88-05, 1988.)