Chapter 15.56
BILLING PROCEDURES
Sections:
15.56.010 Lien for nonpayment of water service.
15.56.020 Liability for payment of water service.
15.56.021 Terminating of service – Continuance of charges.
15.56.022 Shutoff – Continuation of service.
15.56.030 Water loss – Adjustment of charges.
15.56.040 Consumers’ accounts – Keeping.
15.56.050 Date payment of bills due – Delinquency – Penalties.
15.56.070 Rates for metered service fixed by resolution or contract.
15.56.080 Water supplied for other than domestic, commercial or fire protection purposes.
15.56.090 Application of rates to service.
15.56.100 Finance department – Combined billing.
15.56.110 Termination of water service – Rented dwellings.
15.56.120 Utility account in landlord’s name – Transfer to tenant’s name.
15.56.130 Termination of service before transfer of account.
15.56.140 Notices prior to shutoff – Metered dwellings.
15.56.160 Transfer of account to tenant – Costs.
15.56.170 Remedies not limited.
15.56.010 Lien for nonpayment of water service.*
(1) All water rates shall be charged against the premises for which the water service was installed. All charges for water, when the same become delinquent and unpaid, shall be a lien against the premises to which water has been furnished; provided, that such lien shall not be for more than four months’ charges due or to become due nor for any charges which have been due for more than four months. In case any charges for water become a lien against any premises, and remain unpaid for 40 days after the billing date shown on each bill, the water shall be cut off until all unpaid charges for water are paid. Failure to enforce such lien by cutoff of water service shall not be deemed to relieve the customer of the obligation to pay the amount billed and unpaid.
(2) If an account remains unpaid for 30 days on the delinquent water account, an additional penalty, as fixed from time to time by resolution of the city council, shall be added to such account, regardless of whether or not the same is collected as a result of such demand for payment.
(3) If the water is cut off for such reason, a charge, as fixed from time to time by resolution of the city council, shall be assessed for again turning on the water. In no case shall the water again be turned on until all unpaid and delinquent charges for water, and other delinquent charges, have been fully paid.
(4) The right to enforce such lien may be exerted whenever and as often as such default occurs, and neither delay nor omission on the part of the city to enforce the same shall be deemed as a waiver of its right to enforce the same at any time within the period provided by law and this article so long as a default continues. (Ord. 3433 § 1, 2020; Ord. 1935 § 1, 1979; Ord. 1891 § 4, 1978; Ord. 1183 § 1, 1964; Ord. 426 § 13, 1943).
*For the statutory provisions regarding liens for utility services and enforcement thereof, see RCW 35.21.290 and 35.21.300.
15.56.020 Liability for payment of water service.
All accounts for water service shall be kept in the name of the applicant for service. As a condition to the furnishing of such water service, the city may require a deposit, as set from time to time by resolution of the city council. Such deposit shall be made to the water department through the finance department of the city. No interest shall be paid on any such deposits. Such deposit may be applied by the city, at any time, in whole or in part, to the payment of any delinquent amount due for such water service and an additional deposit required on the account. Water bills shall be mailed to the customer. (Ord. 3056 § 1, 2008; Ord. 1931 § 1, 1979; Ord. 426 § 14, 1943).
15.56.021 Terminating of service – Continuance of charges.
Until such time as an applicant for service notifies the city of his ceasing to occupy the premises to which water or other utility service is being rendered, and requested termination thereof, the charges therefor shall continue in his name and to his account. (Ord. 1955 § 1, 1979).
15.56.022 Shutoff – Continuation of service.
At such time as any applicant for service ceases to occupy the premises to which water or other utility service has been rendered, and has requested that such service be terminated, the unpaid charges for such water and other utility services shall be determined, and such water and other utility services to such real property shall be shut off, except as follows:
(1) Upon payment for all such service to the time of such determination and shutoff, by or on behalf of the applicant for service, and continuation of water and other utility service thereafter to said real property in the name of a new applicant; or
(2) Upon the written agreement of the applicant for service to transfer the unpaid charges to other real property within the city and receiving water and other utility service in applicant’s name, and the continuation of water and other utility service thereafter at the former location of the applicant for service, but in the name of a new applicant; or
(3) Upon the written promise of the record owner of the real property to which such water and/or other utility service has been rendered, or his agent, and the continuation thereafter of water and other utility service in the name of a new applicant.
(4) Upon submission of the appropriate form, an account may be suspended and the meter locked out for periods over 60 days. Water service will not be available until the account is reactivated. During this time, water and sewer consumption fees will not be charged. A fee, as fixed from time to time by resolution of the city council, shall be charged to reactivate the account. (Ord. 3433 § 2, 2020; Ord. 1955 § 1, 1979).
15.56.030 Water loss – Adjustment of charges.
Whenever, in the judgment of the manager, any water consumer suffers a loss of metered water without fault or neglect on the part of the consumer, the manager may adjust the consumer’s water bill in such amount as the manager may deem just and reasonable under the particular facts and circumstances of the case. (Ord. 1183 § 1, 1964; Ord. 426 § 21, 1943).
15.56.040 Consumers’ accounts – Keeping.
It shall be the duty of the manager to keep accounts with all consumers of water and to enter on such accounts all charges and penalties. (Ord. 1183 § 1, 1964; Ord. 426 § 27, 1943)
15.56.050 Date payment of bills due – Delinquency – Penalties.
(1) All money due the city for water supplied to any customer shall be due and payable within 15 days of the billing date shown on each bill.
(2) Any money due the city for water supplied to any customer shall be deemed delinquent if not paid on or before 15 days after the due date shown on each bill.
(3) A penalty charge, as fixed from time to time by resolution of the city council, shall be added to any water bill which is not paid on or before 30 days after the billing date shown on each bill; and an additional penalty, as fixed from time to time by resolution of the city council, shall be added to such unpaid water bill for each successive 30-day period during which such bill, or any portion thereof, remains unpaid; provided, that no such penalties shall be charged during the time that water service to such customer is cut off in accordance with the provisions of LMC 15.56.010.
(4) Any payment made that is returned for lack of sufficient funds or for any other reason will not be considered received until payment by certified check, money order, or cash of the original amount due, plus a “nonsufficient funds (NSF)” charge of $25.00, is received by the finance department. (Ord. 3433 § 3, 2020; Ord. 2952 § 2, 2006; Ord. 1935 § 2, 1979; Ord. 1891 § 5, 1978; Ord. 1183 § 1, 1964; Ord. 426 § 28, 1943).
15.56.060 Testing meters.
When any consumer makes a complaint that the bill for any particular month is excessive, the water department will, upon request, have such meter reread and the service inspected for leaks or other defects. Should the consumer then desire that the meter be tested, he or she shall be required to make a deposit of $5.00 to cover the cost of making such test. The meter will then be tested. Should such meter show an error of over three percent in favor of the city, the deposit of $5.00 will be refunded to the consumer. The meter will be corrected and the bill adjusted. If the test of such meter should show an accurate measure of water or should show an error in favor of the consumer, the sum deposited will be retained by the city to cover the cost of such test. Whenever it is determined that any meter has not been registering correctly, then an average bill may be rendered based either on the nearest three preceding months average use when the meter was in good order, or on the same month of the preceding year, if the use is seasonal. (Ord. 1183 § 1, 1964; Ord. 426 § 33, 1943).
15.56.070 Rates for metered service fixed by resolution or contract.
(1) All water supplied by the city for domestic or commercial purposes shall be supplied by meter only. The rates for such metered water shall be as fixed from time to time by resolution of the city council or by contract.
(2) The water rate for municipal or private fire protection service shall also be as fixed from time to time by resolution of the city council. (Ord. 1183 § 1, 1964).
15.56.080 Water supplied for other than domestic, commercial or fire protection purposes.
Whenever any application is made to the water department for supplying water for other than domestic, commercial or fire protection purposes, the rate or charge shall be fixed by the manager based on comparable rates for metered water. (Ord. 1183 § 1, 1964; Ord. 426 § 36, 1943).
15.56.090 Application of rates to service.
(1) Rates for water service and supply shall be as provided by this article. Unless otherwise stated, the rates shall apply to a single service through one meter to one consumer at one premises. When two or more families with separate housekeeping establishments occupy the same or separate dwellings, each family using water shall be considered a separate consumer. Each separate housekeeping establishment, using water, whether jointly with other housekeeping establishments from a single service or a separate service, will be considered a consumer; provided, the above shall not apply to apartment houses and for the application of this rule an “apartment house” means one building with four or more housekeeping establishments. When conditions require that more than one consumer be supplied through a single meter, each consumer shall be charged the minimum charge for a three-quarter inch service, except for apartment houses and motels for which special provision is made by rate resolution of the city.
(2) The charge for the total monthly consumption shall be computed at the regular rate, and if the charge so computed exceeds the minimum charge multiplied by the number of consumers, the excess charge shall be prorated among the several consumers, or otherwise as may be agreed upon among themselves. (Ord. 1183 § 1, 1964; Ord. 426 § 45, 1943).
15.56.100 Finance department – Combined billing.
For convenience of the city, combined bills for solid waste collection, recycling collection, sanitary sewer service, water service and/or storm water utility service may be prepared by the finance department of the city and submitted to customers of such services for payment. Such combined billings may also include all notices of delinquency and termination of service. (Ord. 2757 § 3, 1999; Ord. 2511 § 1, 1993).
15.56.110 Termination of water service – Rented dwellings.
Water service to a residential tenant occupying a rented dwelling will be terminated pursuant to LMC 15.56.010 for a delinquent bill only when the bill was incurred by a current occupant of such rented dwelling. When a rented dwelling is occupied by a tenant who has made application for water service to such dwelling in his or her own name, no termination or threat of termination will occur because of the nonpayment of a bill for water services if the unpaid bill is an obligation owing for water service supplied to a person who no longer is an occupant of the premises. The term “threat of termination” shall not include past due notices authorized or described in LMC 15.56.140. (Ord. 2511 § 1, 1993).
15.56.120 Utility account in landlord’s name – Transfer to tenant’s name.
When a rented dwelling for which a delinquent water bill is owed is occupied by a tenant, but the account is in the name of the landlord or an agent of the landlord, no termination of service will occur unless the tenant is first provided an opportunity to place the account in his or her own name without incurring any liability for the landlord’s or the landlord’s agent’s delinquent bill. When a rented dwelling for which a delinquent bill is owed is occupied by a tenant and the delinquent bill was in the name of and incurred by a prior tenant who no longer occupies the rented dwelling, no termination will occur until the current tenant is first provided the opportunity to have the account placed in his or her own name without liability for the delinquent bill. The current tenant must make application in person at the Longview City Hall during business hours (unless this is unreasonable because of a physical handicap or disability, in which event other arrangements must be made between the applicant and the finance department of the city), and complete any forms required by the finance department in order to place service in his or her name. Arrangements for continued service cannot be made by telephone except that on Fridays or the day preceding a holiday, such applicants may arrange by telephone to have service until the next regular business day, pending application to be made on such next regular business day. Such applicant will be required to present personal identification, a copy of his or her rental agreement or lease, if any, and to provide the name and mailing address of the landlord, owner of the premises or the agent of such owner. (Ord. 2762, 2000; Ord. 2511 § 1, 1993).
15.56.130 Termination of service before transfer of account.
If water service is terminated before a tenant has exercised the privilege provided for in LMC 15.56.120 to have the account placed in his or her own name, the tenant may have the water restored without liability for the delinquent bill by applying to place the account in his or her own name for future service, as provided in LMC 15.56.120, and by paying the usual and required reconnect charges. (Ord. 2511 § 1, 1993).
15.56.140 Notices prior to shutoff – Metered dwellings.
The city finance department will not take any action which encourages or permits, whether by regulation, informal policy or oral statement, the termination of water or other utility service to residential tenants occupying single-family dwellings or individually metered multifamily dwellings because a prior occupant who no longer is an occupant of the premises owes an unpaid utility bill or where the tenant’s landlord or the agent of such landlord has contracted for water or other utilities to the dwelling and the account is delinquent, unless the following procedures are carried out:
(1) If payment of the amount owing on a water or other utility account has not been received by the thirtieth day after the bill date, the finance department will send, by mail, a past due notice to the service address, to the mailing address of the property owner if known to the city finance department, and to the mailing address of the property owner’s rental agent or property manager if known to the city finance department. This notice will advise that payment is past due and will alert the recipient of water and/or other utility services, the property owner, and the property owner’s agent (if any) that water and/or other utility service will be terminated in 10 days unless payment is received or arrangements acceptable to the city finance department have been made. A statement describing “tenant’s rights” as provided in this section will be printed on the back of the past due notice, or included therewith, and will be referred to on the face of said past due notice;
(2) If payment of a water or other utility account has not been received by the fortieth day after the bill date, a duly authorized employee of the city will physically deliver to the service address or will post at the service address door a disconnection notice. Such notice shall advise that the account is past due and that service will be terminated not less than 48 hours after such delivery or posting of the notice unless payment is made, or unless other arrangements satisfactory to the finance department have been made with such department. A statement describing tenant’s rights will be printed on the disconnection notice;
(3) The statement of tenant’s rights included with the past due notice and the disconnection notice shall be substantially in the following form:
NOTICE OF TENANT’S RIGHTS
IF YOU ARE A TENANT RESIDING AT THE SERVICE ADDRESS AND WATER IS PRESENTLY BEING DELIVERED TO YOUR HOME: You are not responsible for water bills incurred by a previous tenant who moved out before you moved in and you are not responsible for water bills incurred by your landlord.
If this bill is the obligation of a prior tenant who no longer occupies the premises, or the obligation of your landlord, you have the right to obtain continued water services by contacting the Finance Department and having the account placed in your name. If you do place the account in your name, services will not be disconnected because of an unpaid bill for which you are not responsible. You will be responsible for future bills coming due during your tenancy, and you will be required to pay a deposit.
To place service in your own name you must go to City Hall, 1525 Broadway, Longview, Washington during normal business hours and make application in person for continued service. You will be required to present personal identification and your current Rental Agreement, if you have one. You also will be required to identify your landlord and his or her current address.
If service is disconnected before you have contacted the Finance Department, a reconnection fee will be charged before service is restored.
You may pursue a dispute concerning the responsibility for past due water or other utility bills or the right to have the service placed in your name with the City Finance Department. Water and other utility service will not be disconnected or discontinued until such dispute is resolved by the Finance Director or his or her designee.
(Ord. 2762, 2000; Ord. 2511 § 1, 1993).
15.56.150 Notices prior to shutoff – Multiple dwelling meter (nonmetered individual dwellings and spaces).
The city finance department will not take any action which encourages or permits, whether by regulation, informal policy or oral statement, the termination of water or other utility service to residential tenants occupying multiple-family dwelling units, mobile home spaces, trailer spaces or other occupancies that are not individually metered and which are billed to the owner, manager or agent thereof, because of delinquency in the payment of water or other utility bills unless the following procedures are carried out:
(1) If payment on a water or other utility account has not been received by the thirtieth day after the bill date, the finance department will send, by mail, a past due notice to all tenants of said multiple-family dwelling units, mobile home spaces, trailer spaces or other occupancies that are not individually metered. Such notice will advise that payment is past due and will alert such tenants that service will be terminated in 10 days unless payment is received or arrangements acceptable to the city have been made. A statement describing “tenant’s rights – nonmetered units” as provided herein will be printed on the back of the past due notice and will be referred to on the face of the past due notice;
(2) If payment on a water or other utility account has not been received by the fortieth day after the bill date, a duly authorized employee of the city will physically deliver to the service address, to the address of the owner, manager, or agent thereof, and to each dwelling unit or space, a disconnection notice. Such notice shall advise that the account is past due and that service will be terminated not less than 48 hours after such delivery or posting of the notice unless payment is made, or unless other arrangements satisfactory to the finance department have been made with such department. A statement describing “tenant’s rights – nonmetered units” will be printed on or attached with the disconnection notice;
(3) The statement of “tenant’s rights – nonmetered units” included with the past due notice and the disconnection notice shall be substantially in the following form:
NOTICE OF TENANT’S RIGHTS – NONMETERED UNITS
IF YOU ARE A TENANT RESIDING AT THE SERVICE ADDRESS AND WATER IS PRESENTLY BEING DELIVERED TO YOUR HOME: You are not responsible for water bills incurred by the owner or manager of the premises or their agent. You may be affected, however, by the failure of the owner, manager, or their agent, to pay in a timely fashion, all water and other utility bills relating to the premises occupied by you as your home.
A majority of the tenants occupying the premises constituting the multiple-family dwelling structure or complex, mobile home park, trailer park or other occupancy the individual dwelling or space units of which are not separately metered, may have the utility account placed in their collective names and assume responsibility for future payment of water and other utility service provided to the service address. If you do so, you will be responsible for future bills coming due during your occupancy of the premises, and a majority of the occupants or tenants must continue to be responsible for such payment at all times. You will be required to pay a deposit equal to two months’ estimated water and other utility service charges to the premises.
To place service in your own names you must all go to City Hall, 1525 Broadway, Longview, Washington during normal business hours and make application in person for continued service. You will each be required to present personal identification and your current Rental Agreement or lease, if you have one. You will each also be required to identify the owner, manager, or their agent, and his or her current address.
If service is disconnected before you have contacted the Finance Department, a reconnection fee will be charged before service is restored.
You may pursue a dispute concerning the responsibility for past due water or other utility bills or the right to have the service placed in your name with the City Finance Department. Water and other utility service will not be disconnected or discontinued until such dispute is resolved by the Finance Director or his or her designee.
(Ord. 2762, 2000; Ord. 2511 § 1, 1993).
15.56.160 Transfer of account to tenant – Costs.
If a majority of the tenants elect to place the account for future water service into their names in accordance with LMC 15.56.120, they must agree to pay appropriate transfer-of-account charges, if any, reconnection charges if service has been terminated before the tenants have exercised the right to have the account placed in their names, all future water bills coming due during their occupancy of the premises, and they must post the required deposit. Application must be made in person at the Longview City Hall during normal working hours (8:00 a.m. to 5:00 p.m.) except by handicapped persons as provided in LMC 15.56.120. (Ord. 2511 § 1, 1993).
15.56.170 Remedies not limited.
Nothing set forth in LMC 15.56.100 through 15.56.160 shall be construed to limit the right of the city to proceed either by judicial process or by the remedies prescribed by LMC 15.56.010 or RCW 35.21.290 or 35.21.300, to the extent that such actions do not interfere with a tenant’s rights as provided in LMC 15.56.100 through 15.56.160. (Ord. 2511 § 1, 1993).