Ordinance No. 96-02 y -
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CITY OF TIGARD a
X-1 ORDINANCE NO.96-Uq m .
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r AN ORDINANCE OF THE CITY OF TIGARD AMENDING TITLE 12 OF THE TIGARD „
fat MUNICIPAL CODE BY ADOPTING NEW RULES AND REGULATIONS FOR THE
COLLECTION OF 01ATER,SEWER AND STORM DRAINAGE CHARGES.
vvintREA-C `;c City nf Tigard City Council deems it necessary to adopt provisions for the $ ,
f ' collection of delinquent charges for uiiiit =,viand by the City of Tigard;and,
J WHEREAS,the City of Tigard combined Water,Sanitary Sewer and Surface Water billings
to cut costs and to increase the level of customer services, now,therefore;
THE CITY OF TIGARD ORDAINS AS FOLLOWS: ,
Section 1: Chapter 12.08,Collection of Sewer User Fees,of the Tigard Municipal Cede
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of is hereby repealed. {
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Section 2: Section 12.10.070,Credit for Water Leaks,is amended as follows: }
When a water leak occurs on the customer's side of the water meter resulting in an .
unusually high water bill,customers can apply for a credit to their water bill equal to 1/2 ofWe cost of the leak(above the normal bill), up to a maximum of $165 Customers mug+,
apply for the credit in writing,to the City,and forward proof of the leak being fixed in a timely
y Any applications for credits over$16-5 vrlii be WIISIOereCJ by the Intergovernmental Waterrr
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Board.
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Section 3: Section 12.10.120,moment- Delinquency,of the Tigard Municipal Code is
hereby repealed.
S°ction 4: Chapter 12.03,Billing and Collection of Utility Charges,is added to the Tigard
a t Municipal Code and attached hereto as,Exhibit"A". ��
PASSED: By r"'""""vote of all members present after being read by number and
tle only,.h•, ,a.�day of M :1996.
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Cathy Wheatley,City Recor or v �x
APPROVED: This � -Zay of� mow,1 6. '
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}.{ James Nicoli,Mayor a '
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EXHIBIT"A"
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x"A Chapter 12.03
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> BILLING AND COLLECTION OF UTILITY CHARGES .
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12.03.010 Definitions.
(a) Utility Charges. x `
Any combination of water service charges,sanitary sewer service charges, surface
�7 r; water charges or other fees and charges authorized by the Tigard City Council or the
3 t Unified Sewerage Agency imposed on users of utility services. ;
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(b) Delinquent
t�� r Utility charges not paid by the due date specified on the bill for such charges are r� �
* considered delinquent.
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@k (c) User
User shall mean any person who uses property which maintains connection to,
discharge to,or otherwise receives services from the City's storm,surface water,sewer
or water systems. The occupant of occupied property is deemed the user. If the
property is not occupied,the person who has the right to occupy it shall be deemed the °
user.
12.03.020 Rates,Char;eQ Spas. Penalties.Collertinns
(a) Unified Sewerage Agency Resolution and Order number 95-34 and F
Ordinance Number 26,27,28,and 29 as amended are hereby adopted by reference and z
shall be in full force and effect as part of this municipal code.
x (b) Collections from utility customers will be applied first to interest,penalties K
' or other fees and charges,then to Surface Water charges,then to Sanitary Sewer
charges,and finally to Water charges.
t > { (c) All Fees and Charges set forth in this chapter shall be set by resolution by
k ti the Tigard City Council.
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,f 12.03.030 Qelinquent Collection Procedures.
(a) Billing Cycle - Utility charges will be billed to users every other month or as `
V4w+ water meters are read. Utility bills will be placed in the United States Mail ftthe
after
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aux @ z water meter is read or 60 days after the prior billing for non water customers. Such g
utility bills shall state tha nmounts and types of charges included i he h
'rN n the u@ii and shall
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state the due date for the utility charges. Such due date shall not be less than 14 days
from the date bills are mailed.
y (b) Reminder Notice - For those Utility Charges not paid by the due date,a (O
reminder notice will be sent to the customer. The Notice shall state the amounts and
``. types of charges past due and the date by which such charges must be paid to avoid
turn off procedures. The reminder notice shall be placed in the United States Mail not 4
less than 14 days after the original due date on the original bill.
(c) Shut off Notice For those utility charges not paid by the due date
stated on the reminder notice,a shut off notice shall be hung on the front door of the
dwelling or place of business at least 48 hours prior to the scheduled actual shut off.
The Citv shall maintain a list of all shut off notices indicating the time and location the
notice was placed and by whom. The shut off notice shall state the amounts ano types
of charges past due and the date and time such charges must be paid to avoid actual «f
shut off of services. ? ,
(d) Shutoff Procedure - All accounts determined to be unpaid 48 hours
after a shut off notice has been placed on the premises shall be listed and scheduled
for shut off. The 48 hours shall be counted on business days only and shall not include � �Fk�M �.
Holidays or weekends. On the day scheduled for shutoff, the drop box shall be `
opened and the days mail receipts will be reviewed to determine if any applicable
payments have been received. The list as amended will then be delivered to the mom '
appropriate crew members who will then-hut o f aid lock those meters nn the list, v �
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(e) Reconnection Charge - A charge will be added to each account that
has been shut off before water service can be reconnected. The charge covers the
cost of the delinquent collection process and the cost of the actual turning off and on of
_ the meter. The reconnection charge shall apply even if actual shut off is not performed
due to the payment of the past due balance made io the crew member in the field just �
orinr to sh..._.. { X51
��off. The reconnection charge shall be greater for reconnection requested r
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after normal operating hours and on weekends. F} ;�
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(f) Meter Disconnection A Charge shall be added to each account in
which a meter is turned off and locked for non payment if the customer or other party & '- ,
cuts the lock and turns the meter back on without prior approval of the City. In addition
to the lock charge,the meter will be removed from the ground and the water service
capped off. Water service shall not be reconnected until the customer has paid the
past due utility charges including the reconnection charge,the lock charge,and T F#
reimbursed the City for the cost of removing and reinstalling the meter on a time and
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materials basis. b
(g) Multifamily Housing collection process When accounts for multifamily
housing complexes using master meters rather than individual meters becomes
delinquent,the company or individual responsible for payment of the utility bills shall be
n Otlfied of the past dile status of the account In the norr—nal process jet forth III se tion
12.03.030. However,in lieu of the shut off procedure,the responsible party shall be
�.J notified in writing that the shutoff procedure will be followed if the delinquent utility
charges are not paid within thirty days. Accounts not paid within the thirty days will be i
notified and turned off in accordance with section 12.03.030(c)and(d). `-
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a e 12.03.040 Delinquency Collection Procedures-Sewer only Customers
r utility charges on accounts without water service,delinquent amounts may be ��� •
collected using the following collection methods in lieu of the shutoff procedure set forth
in 12.03.020(c),(d),(e):
(a) Delinquent utility charges may be collected through the use of a collection '
agent. The Finance Director or designee shall have the authority to select a collection
agent and sign necessary documents.
(b) Delinquent utility charges may be collected by filing a claim in the
applUP110 7 GVUtI• I Ile rMC4116C VIIVUtU. o,,aii IIGIVU ilia auiiwmy w icy'ueoi F-U.,
such claims by the City Attorney and shall have the authority to sign and file necessary
documents. "
(c) Delinquent utility charges may be collected by turning the uncollected
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balance over to the Washington County Tax Assessor for inclusion on tax bills asp » r
allowed by ORS 454-225. This method of collection shall only be used if the user of the a
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services being billed is also the owner of the premises connected to the system. The
owners approval must be received in writing allowing the turnover. Accounts being
Collected in this manner shall be charged a turnover fee and shall be turned over to the
Assessor each year by July 15.
(d) Delinn�fent utll y charges may also be collected by disconnecting utility
services. Disconnection may involve the physical disconnection of incoming or
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_ outgoing utility service pipes and facilities. Disconnection shall only be pursued with
the approval of the City Administrator. Actual costs of disconnection shall be calculated & � .
and must be paid by the utility service user before reconnection is established. fi
12.03.050 Other Fees and Gharaes
(a) Returned Check Charge-A charge will be added to accounts for any t
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checks returned from the bank unpaid for any reason. Upon receiving a returned check
staff will contact the customer and ask if they would prefer to have the check f «�
raueposited,replaced by another check,cash or money order. if a redeposited check
is again returned by the bank, an additional charge will be added to the account.The
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related payment applied to the account will be reversed and the obligation for the utility
charges will be reinstated. After a check is returned twice from the bank unpaid for
any reason,cash or money order will be required to avoid the turnoff procedures.. r t'
(b) Repair or replacement of new construction water meters- Once installed, a
new meters placed for new construction will be the responsibility of the meter
t nurcha-er. Any cost-o-cni.iMn�l with.thle repair_r replace-- z
r.-•�••-.��•• , ......,.,u..a.ay..�a,vw.Arun uic icNan ui ieNiacement of damaged or missing
n meters will be charged to the original meter purchaser. Such costs may include but are
not limited to gaskets,meter boxes,lid inserts,meters,pressure regulator valves and 'r
related labor and materials. - �
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12.03.060 Utility Char e adigstments and payment agreements.
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Errors in billing or collection shall be corrected in a timely manner by the City. '
—` Resulting credits U(1 accounts Or refunds shall be made as expeditiously as possible.
E Disputed billings or other collection transactions shall be dealt with as follows:
In recognition of the existence of exceptions to normal circumstances in some cases,
Auinoriiy is granted as follows for adjustments to utility charges and to the -
r implementation of payment agreements. All waivers granted under 12.03.060(a) (b)
shall be reported to the Intergovernmental Water Board each month. s
"'^' cGsi Shall have the authority to waive Utility
d Illtl r111d111�G L/Il GtilVl yr uoJlgiio� �
_� ._ .,men nn cl l h r mi%,ar may hA made based upon a written request from f
the customer and for good cause. Good cause may include but is not limited to
correction of user or account information,failure of the City to send a bill,demonstrated ,
failure of a user to receive a bill,correction of measurement of either fixture units or
equivalent service units and adjustments to the time in which requester became the ��
user. Waivers may include returned check charges,reconnection charges or utility ,
charges. The Finance Director shall make a quarterly report to the City Administrator
indicating all such waivers giving the amounts and reasons amounts were waived.
(b) The City Administrator or designee shall have the authority to waive utility ' -
charges up to$250.00.Such waiver must be made based upon a written request from
the customer and for good cause. Good cause may include but is not limited to } } OW
correction of user or account information,failure of the City to send a bill,demonstrated �rr
.: failure of a user to receive a bill,correction of measurement of either fixture units or
sguivalent service units and adjustments to the time in which requester became the i � a
user. The City iit7Tiiili toNtor shalt receive a written report of findings fron staff and
4 then weigh the evidence presented by the customer and the staff before making any s k 3
such waiver.
(c) Any requests to waive utility charges above$250.00 shall be made in
writing to the Intergovernmental Water Board. The Finance Director may schedule the fi ,
request on the next available agenda and so notify the customer at least one week in
advance. All materials related to the request shall be made available to the Board and p
the customer may be allowed to make a presentation to the Board at the discretion of d
the Board Chairman.
(d) The Finance Director may enter into a payment agreement with a
customer to facilitate the payment of delinquent utility charges. Such agreements shall {
not exceed the term of three years,current charges must be paid when due,and the
agreement must be signed by both parties and must be a legally binding agreement. J
Breach of such an agreement by the customer shall result in further collection efforts.
Pavment agreements for amounts over$+,0,000.00 must be approved by the Tigard
y e City Council. '>{Y
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12.03.070 Customer Appeal process
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(a) Customers shall have the right to appeal billing decisions made by staff.
If a customer is not satisfied with a decision,the customer may appeal to the Finance
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Director within fourteen days of the decision in writing explaining the issue and w:
justification for the customers position. Finance Director decisions may be appealed to
the City Administrator within fourteen days of the decision in a similar fashion. City s
Administrator decisions may be appealed within fourteen days of the decision to the _
Intergovernmental Water Board, Board decisions are considered final. ry ,
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