Chapter 13.02
LOW-INCOME, LOW-INCOME DISABLED AND LOW-INCOME SENIOR CITIZEN UTILITY RATE PROGRAM

Sections:

13.02.010    Program established – Purpose – Administrative authority.

13.02.020    Low-income utility rate – Eligibility – Requirements.

13.02.030    Low-income utility rate – Eligibility – Time limit.

13.02.040    Low-income utility rates – Percentage designated.

13.02.050    Unlawful acts designated – Penalty.

13.02.010 Program established – Purpose – Administrative authority.

A program for applying low-income rates to the billings for water, sewer and storm drainage utility services provided by the city for certain recipients of supplemental security income (hereinafter SSI), social security disability income (hereinafter SSDI), pursuant to 42 United States Code, as now or hereafter amended, and certain other disabled and low- income persons as hereinafter defined, is established in order to provide necessary support for the poor and disabled. The city finance director is authorized and directed to administer the program and in such connection may promulgate forms and administrative regulations from time to time, to carry out the intent and purpose of this chapter. (Ord. 3265 § 2 (Exh. B), 2021; Ord. 3145 § 2 (Exh. A), 2016; Ord. 2579 § 1, 1997; Ord. 2490 § 1, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 1, 1988; Ord. 2110 § 1, 1988).

13.02.020 Low-income utility rate – Eligibility – Requirements.

A. To implement the program provided for in this chapter, a person is eligible to be charged the low-income rate for utility services if that person shows satisfactory proof that he or she:

1. Meets the requirements of low-income, low-income disabled or low-income senior citizen as defined in Chapter 13.01 PTMC; and

2. Is a single occupant or the head of a household or the spouse of the head of the household; and

3. Resides in a dwelling unit served directly by the city’s water, sewer or storm drainage utilities; and

4. Is billed or is the spouse of a person billed by the water, sewer or storm drainage utilities of the city; and

5. The applicant shall provide the city finance director with a current statement of eligibility for SSI, SSDI or such disability pension or proof of blindness and such statement shall not be more than three months old.

B. Applicants, under oath or penalty of perjury, shall verify such information and provide such other data as are deemed appropriate, upon forms and in the manner determined by the city finance director. (Ord. 3265 § 2 (Exh. B), 2021; Ord. 3145 § 2 (Exh. A), 2016; Ord. 2852 § 2, 2004; Ord. 2579 § 1, 1997; Ord. 2490 § 2, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 2, 1988; Ord. 2110 § 2, 1988).

13.02.030 Low-income utility rate – Eligibility – Time limit.

A. Eligibility for the low-income utility rate provided for by this chapter shall be for the period of one year for low-income households and three years for low-income seniors and disabled, or so long as the applicant continues to be eligible for the low-income utility rate under the terms of PTMC 13.02.020, whichever period is shorter. Eligibility for the low-income utility rate may not be retroactively established.

B. The initial application for the low-income rate may be made at any time. After approval of the initial application, the low-income rate shall be effective from the billing cycle immediately following the approval date until the next renewal period. The renewal period for low-income household applicants shall be one year from approval date and every three years for low-income seniors and disabled. Renewal applications shall be submitted not later than 30 calendar days prior to expiration.

C. Where a person eligible for the low-income utility rate either receives income during the year that disqualifies the recipient from eligibility, or the recipient is no longer disabled or otherwise eligible for the low-income rate, such person shall immediately notify the finance director of such change in status to allow the low-income rate to be discontinued.

D. Where a person has been billed at the low utility rate after that person has become ineligible for that rate, a repayment of the undercharge shall be made or shall be added to the current utility billing for such person. The city shall not recoup undercharges for billing cycles more than four years before the current billing cycle. (Ord. 3265 § 2 (Exh. B), 2021; Ord. 3145 § 2 (Exh. A), 2016; Ord. 2579 § 1, 1997; Ord. 2490 § 3, 1995; Ord. 2344 § 1, 1993; Ord. 2120 § 3, 1988; Ord. 2110 § 3, 1988).

13.02.040 Low-income utility rates – Percentage designated.

Effective January 1, 2016, persons qualified by the city finance director as eligible for the low-income utility rate provided for in this chapter shall be billed an amount of 50 percent of the base rate and surcharge established for the water, sewer, and storm drainage utilities. The low-income rate does not apply to consumption charges for water. (Ord. 3265 § 2 (Exh. B), 2021; Ord. 3145 § 2 (Exh. A), 2016; Ord. 3142 § 1, 2015; Ord. 2852 § 1, 2004; Ord. 2579 § 1, 1997; Ord. 2490 § 4, 1995; Ord. 2344 § 1, 1993; Ord. 2110 § 4, 1988).

13.02.050 Unlawful acts designated – Penalty.

A. The following acts are unlawful:

1. To accept or receive the low-income rate provided for by this chapter when or during such time that the person accepting or receiving the same is not eligible;

2. To make any false or untrue statement on any application, form or document filed to qualify for a utility credit, or to continue receiving utility credits under this chapter.

B. Director’s Authority. Whenever the finance director or their designee (“director”) determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter.

C. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit or license issued hereunder, are declared nuisances and made subject to the administration and enforcement provisions of Chapter 1.20 PTMC, including any amendments, and including but not limited to abatement, criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are incorporated by reference as if set forth herein. (Ord. 3265 § 2 (Exh. B), 2021; Ord. 3145 § 2 (Exh. A), 2016; Ord. 2952 § 3, 2008; Ord. 2579 § 1, 1997; Ord. 2490 § 7, 1995; Ord. 2110 § 7, 1988. Formerly 13.02.070).