Chapter 3.20


3.20.005    Definitions.

3.20.010    Deposit.

3.20.015    Deposit refund – Conditions.

3.20.020    Reposting of deposit – Conditions.

3.20.030    Deduction of unpaid balances on utility account.

3.20.035    Minimum amount of deposit refund.

Prior legislation: Ords. 96A and 233.

3.20.005 Definitions.

As used in this chapter, the following terms shall mean:

Active. All utility accounts are considered “active” unless the city has been notified in writing, on a form provided by the city, of the responsible party’s intention to temporarily or permanently inactivate the responsible party’s account and to stop receiving utility services or other services at a particular billing unit, occupied unit or developed property.

“Billing unit” means any structure or any portion of any structure intended for residential, commercial, industrial, or other uses. For example, in a multifamily residential development, each dwelling unit shall be considered a separate billing unit, and each retail outlet or nonresidential operation in a shopping mall shall be considered a separate billing unit.

“City” means the city of Veneta, Oregon.

“City administrator” means the city’s administrator or the city administrator’s designee.

“City system” means the city’s property, infrastructure, service yard, and offices connected therewith, clerical or field, existing and necessary for the provision of water, sewage, transportation and stormwater services, individually or combined, within and without the limits of the city of Veneta, Oregon.

“Developed property” means a parcel or legal portion of real property, on which improvements exist or are being constructed. The term “improvement” includes, but is not limited to, buildings, parking lots, landscaping and outside storage.

“Dwelling unit” means a single unit providing complete independent living facilities, designed for occupancy by one family and including permanent provisions for living, sleeping, eating, cooking and sanitation.

“Finance director” means the city finance director or the finance director’s designee.

“Nonresidential property” means property that is not primarily used for personal domestic accommodation. Nonresidential property includes industrial, commercial, institutional, hotels and motels, and other nonresidential uses. Also includes property with facilities for residential homes and/or care as defined in the city’s land development ordinance.

“Other services” means the existence and availability for use of streets, pathways, bike lanes, stormwater infrastructure and drainage ways.

“Owner” means the owner or owners of record title, or the purchaser or purchasers under a recorded land sales agreement, and other persons having an interest of record in the described real property.

“Past due notice” means the notice stating that a utility account is past due and delinquent and that failure to submit required payment will jeopardize the continuance of utility or other services to the billing unit, occupied unit or developed property.

“Person” means any individual, firm, co-partnership, association, corporation, or other legally recognized organization.

“Premises” means a parcel of land within the Veneta city limits that receives services or has the potential to receive services from one or more of the city’s systems.

“Public works director” means the city public works director or the public works director’s designee.

“Residential property” means property that is used primarily for personal domestic accommodation, including single-family, multifamily residential property and home occupations, but not including hotels and motels or other uses listed in the definition of “nonresidential property.”

“Responsible party” means the person or persons who by occupancy or ownership use one or more city utility and other services, or by contractual arrangement on file with city are responsible to pay for utility and other services provided to a billing unit, occupied unit or developed property.

“Service month” means a period that begins with the first day of each calendar month and ends with the last day of that month.

“Utility account” means the account set up for each responsible party to record billings, payments, adjustments, and other information pertaining to city’s provision of utility services and/or other services.

“Utility services” means the city’s provision of water to and sewage removal from a billing unit, occupied unit or developed property. (Ord. 530 § 1, 2016)

3.20.010 Deposit.

(1) The city shall bill the responsible party a deposit amount as established by council resolution to guarantee the payment for services rendered to such premises whenever:

(a) An application for city utility services is approved to a premises having no prior service;

(b) An application is approved for services to a premises having an existing service, said application made for reasons of change in property ownership, responsible party or other persons;

(c) An application is approved for services or restoration of services to a premises having been disconnected or service discontinued by the city for delinquency of payment or other violations of this code or other causes; or

(d) Any deposit on record is applied, in whole or in part, to a utility account unpaid balance and the responsible party has not provided written notice of service termination per VMC 3.25.055.

(2) Notwithstanding the provisions of this section, no deposit shall be required of any responsible party agreeing to accept services from the city prior to construction of the applicable city system until said system is constructed and the premises are connected.

(3) Such deposits, when paid, shall be recorded in the city’s financial records and held as payable. Reductions of the payable amount shall occur when deposits are refunded or applied to the unpaid balances of utility accounts. (Ord. 530 § 1, 2016)

3.20.015 Deposit refund – Conditions.

Whenever any water or sewer deposit required by the Veneta Municipal Code (VMC) or by the city’s resolutions, has been on file with the city for at least two years, and whenever during such two-year period all amounts billed on the utility account have been paid on a regular and timely basis, such responsible party may, after such period, make written application for and be granted a refund of the deposit amount. This section shall be subject to the remaining sections of this chapter. (Ord. 530 § 1, 2016)

3.20.020 Reposting of deposit – Conditions.

If, at any time after such deposit refund is made to a responsible party, the responsible party becomes consistently delinquent in making payments on the associated utility account or to the extent that it is necessary to issue a “past due notice,” the city, as a condition of continuation or reconnection of service, shall require such deposit to be repaid on the utility account. (Ord. 530 § 1, 2016)

3.20.030 Deduction of unpaid balances on utility account.

Whenever a responsible party shall apply for the refund of the deposit, whether because of the provisions of this chapter or those of the VMC or whenever a responsible party requests, in writing on forms provided by the city, a discontinuance of service due to vacating the premises the city shall first apply said deposit to any unpaid balance on the responsible party’s utility account and for services rendered by the city and billable, before remitting any excess to the responsible party upon termination of their utility account. (Ord. 530 § 1, 2016)

3.20.035 Minimum amount of deposit refund.

If the deposit amount remaining after applying amounts due to the city, per VMC 3.20.030, is $5.00 or more, a refund check shall be issued to the responsible party and mailed to the responsible party’s last known address. Deposit amounts of less than $5.00 shall be forfeited to the city by the responsible party. (Ord. 530 § 1, 2016)