Ordinance No. 02-29 CITY OF TIGARD,OREGON
ORDINANCE NO.02-c�C
AN ORDINANCE AMENDING CHAPTER 12.03 (BILLING AND COLLECTION OF UTILITY CHARGES) OF
THE TIGARD MUNICIPAL CODE CLARIFYING PROCEDURES IN THE COLLECTION OF UTILITY
CHARGES AND MAKING APPROPRIATE NAME AND TITLE CHANGES.
WHEREAS,the municipal code references the Unified Sewerage Agency and the name of the Agency was recently
changed to Clean Water Services;and
WHEREAS, the municipal code references the position of City Administrator and this position is now titled City
Manager;and
WHEREAS,the municipal code references procedures that are out-of-date and no longer apply;and
WHEREAS, after-hour reconnection of service due to disconnection of service from delinquent account(s) is no
longer recommended due to low frequency and cost.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard Municipal Code 12.03 is amended to reflect current procedures in the billing and
collection of utility charges; the name and title change of Unified Sewerage Agency to Clean
Water Services; and City Administrator to City Manager; and the practice of after-hours
reconnection of service is discoptinued,as shown in Attachment A.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Cowicil, signature by the
Mayor,and posting by the City Recorder.
PASSED: By ti �l�f7 ✓rl t 11,13 vote
of all Council members present after being read by number and title
only,this rZZay of { <7 ,2002.
Catherine Wheatley,City Recorder
APPROVED: By Tigard City Council this day of ' �- ;'� ,2002.
mes E.Griff h,
Approved as to form: �
J�
ry
City Attorney
Date
ORDINANCE No. 02-11 1
ATTACHMENT A
TIGARD MUNICIPAL CODE
Chapter 12.03 BILLING AND COLLECTION
OF UTILITY CHARGES.
Sections:
12.03.010 Definitions.
12.03.020 Rates,Charges,Fees,Penalties,
Collections.
12.03.030 Delinquent Collection
Procedures.
12.03.040 Delinquency Collection
Procedures-Sewer Only
Cu stnm ers.
12.03.050 Other Fees And Charges.
12.03.060 Utility Charge Adjustments
And Payment Agreements.
12.03.070 Customer Appeal Process.
12.03.010 Definitions.
(a) Utility Charges.
Any combination of water service charges,
sanitary sewer service charges, surface water
charges or other fees and charges authorized by
the Tigard City Council or the Unified gewe,.,,.o
Ageney Clean Water Services imposed on users
of utility services.
(b) Delinquent.
Utility charges not paid by the due date specified
on the bill for such charges are considered
delinquent.
(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, sanitary 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.
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ATTACHMENT A
TIGARD MUNICIPAL CODE
12.03.020 Rates,Charges,Fees,Penalties, (c) Shut off Notice - For those utility
Collections. charges not paid by the due date stated on the
reminder notice, a shut off notice shall be hung on
(a) Unified Sewei;age ^R^^^ Clean Water the front door of the dwelling or place of business
Services Resolution and Order number 95-34 and at least 48 hours prior to the scheduled actual shut
Ordinance Number 26,27,28,and 29 as amended off. The City shall maintain a list of all shut off
are hereby adopted by reference and shall be in notices indicating the time and location the notice
full force and effect as part of this municipal code. was placed and by whom. The shut off notice
shall state the amounts and types of charges past
(b) Collections from utility customers will due and the date and time such charges must be
be applied first to interest, penalties or other fees paid to avoid actual shut off of services.
and charges, then proportionately among the rest
of charges for services billed or as provided by (d) Shutoff Procedure - All accounts
contract with Clean Water Services. to SuFface determined to be unpaid 48 hours after a shut off
Water "har-g@s, then to Sanitai3, o e Gha.-ges, notice has been placed on the premises shall be
and finally to Water charges. listed and scheduled for shut off. The 48 hours
shall be counted on business days only and shall
(c) All Fees and Charges set forth in this not include Holidays or weekends. On the day
chapter shall he set by resolution by the Tigard scheduled for shutoff, the drepp bei daily
City Council. payments shall be ope- ed and the days mail
Fele pts will be reviewed to determine if any
12.03.030 Delinquent Collection applicable payments have been received. The list
Procedures. as amended will then be delivered to the
appropriate crew members who will then shut off
(a) Billing Cycle - Utility charges will be and lock those meters on the list.
billed to users every other month or as water
meters are read. Utility bills will be placed in the (e) Water Disconnection Charge for Non-
United States Mail after the water meter is read or Payment n o^^^r^^* ^^ Gharge - A charge will
60 days after the prior billing for non water be added to each account that has not been paid
customers. Such utility bills shall state the prior to the time indicated on the shut off
amounts and types of charges included in the bill notice.been shut og before
and shall state the due date for the utility charges. reoennex;ted. The charge covers all costs
Such due date shall not be less than 14 days from associated with the delinquent collection process
the date bills are mailed. The charge—Fevers the lest of the delinquent
ealleetisn—process and the Gest of the actual
(b) Reminder Notice - For those Utility tuming off anew—en of the mete-. The
Charges not paid by the due date, a reminder reeenneetion charge shall apply even if actual shut
notice will be sent to the customer. The Notice off is not performed due to the payment of the
shall state the amounts and types of charges past past due balance made to the crew member in the
due and the date by which such charges must be field or in the office just prior to shut off. T-lie
paid to avoid turn off procedures. The reminder Ge €Gtier) Ghag€ shall be greater-
notice shall be placed in the United States Mail
not less than 14 days after the original due date on hea a . Water service will be
the original bill. reconnected the same day as disconnection if the
outstanding bill and related charges are paid in
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ATTACHMENT A
TIGARD MUNICIPAL CODE
full by 5:00 YM. if payment is not made prior to using the following collection methods in lieu of
5:00 PM the customer's water will not be the shutoff procedure set forth in 12.03.020 (c),
reconnected until the next regular business day. (d), (e):
No water will be reconnected after normal
operating hours or on weekends. (a) Delinquent utility charges may be
collected through the use of a collection agent.
(f) Meter Disconnection Charge - A The Finance Director or designee shall have the
Charge shall be added to each account in which a authority to select a collection agent and sign
meter is turned off and locked for non payment if necessary documents.
the customer or other party cuts the lock and turns
the meter back on without prior approval of the (b) Delinquent utility charges may be
City. in addition to the loGk Gh rg The meter collected by filing a claim in the appropriate
will be removed from the ground and the water court. The Finance Director shall have the
service capped off. Water service shall not be authority to request pursuit of such claims by the
reconnected until the customer has paid the past City Attorney and shall have the authority to sign
due utility charges— including the reconnection and file necessary documents.
ohar-ge- water disconnection charge, tl —lesk
eharg€ and the meter disconnection charge. —at�d (c) Delinquent utility charges may be
;.„b, "ed the Qq, for the ^^c* of ramoving an collected by turning the uncollected balance over
reilqstallingthe Meter An ^ time. ^^a 4:A^*V^^1"; to the Washington County Tax Assessor for
basts. _ inclusion on tax bills as allowed by ORS 454 225
454.225. This method of collection shall only be
(g) Multifamily Housing collection process used if the user of the services being billed is also
- When accounts for multifamily housing the owner of the premises connected to the
complexes using master meters rather than system. The owners approval must be received in
individual meters becomes delinquent, the writing allowing the turnover. Accounts being
company or individual responsible for payment of collected in this manner shall be charged a
the utility bills shall be notified of the past due turnover fee and shall be turned over to the
status of the account in the normal process set Assessor each year by July 15.
forth in section 12.03.030. However, in lieu of
the shut off procedure, the responsible party shall (d) Delinquent utility charges may also be
be notified in writing that the shutoff procedure collected by disconnecting utility services.
will be followed if the delinquent utility charges Disconnection may involve the physical
are not paid within thirty days. Notification will disconnection of incoming or outgoing utility
also be made to all tenants known by the City to service pipes and facilities. Disconnection shall
the extent possible. Accounts not paid within the only be pursued with the approval of the City
thirty days will be notified and turned off in Manager AdFainisir-ato . Actual costs of
accordance with section 12.03.030(c)and(d). disconnection shall be calculated and must be paid
by the utility service user before reconnection is
12.03.040 Delinquency Collection established.
Procedures-Sewer Only
Customers. 12.03.050 Other Fees And Charges.
For utility charges on accounts without water (a) Returned Check Charge - A charge will
service, delinquent amounts may be collected be added to accounts for any checks returned from
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ATTACHMENT A
TIGARD MUNICIPAL CODE
the bank unpaid for any reason. The charge shall
be set by resolution of the City Council. Upon (a) The Finance Director or designee shall
receiving a '' t h +' rr will + + 1b. have the authority to waive utility charges up to
eucteme- and as`- if the) . etild pt:efeF to have ,1 250.00 $50.00. Such waiver i may be made
c-lesk redeposited, t=eplaG€d by a,-.+theUr o-he-sk, based upon a written request from the customer
sash er meneyorder. if the-redeposited check is and for good cause. Good cause may include but
again returned b the bank, additional ehaibe is not hunted to correction of user or account
will be added to the aoeeunt. The related payment information, failure of the City to send a bill,
Applied to the aeseunt h=ill- be revved—afd 04e demonstrated failure of a user to receive a bill,
obligation for+t o utility charges will be reinst correction of measurement of either fixture units
A€ter a 6heek is returned twiee r +h ban! or equivalent service units and adjustments to the
„paid for- ash or `' will time in which requester became the user. Waivers
be r^ Fed to avoid the tumoff pr-eoedur— may include returned check charges,
disconnection reconnection charges or utility
(b) Repair or replacement of charges. `»eFinanse—Direster shall hake a
soon water meters and services - Once Efnarterly report to the Gity Adder
installed, new meters i1? oed for- new oonsta-aotlon indtoatingaall such waivers giving the amounts
'Ali!! be the ";hili+., of the meter- pur-Gh and + wer-ed
Any any costs associated with the repair or
replacement of damaged or missing meters and (b) The City Manager AdM4;i4rAter or
services will be charged to the originalmeterr- designee shall have the authority to waive utility
purr-ohaseF owner of the propertX. Such costs may charges up to$500.00 $250.09. Such waiver must
include but are not limited to gaskets, meter be made based upon a written request from the
boxes, lid inserts, meters, pressure regulator customer and for good cause as defined in
valves_apd related labor,equipment, vehicles and subsection (a). Good^"„so may ldbut iq +
materials. limited to correction of user or- aeceun4
in€eririatien
failure ^r the City + a
=n-ahItmara;
12.03.060 Utility Charge Adjustments derrie"s;4ated failure of a user to r-eG@iVe a bill,
And Payment Agreements. e@FFe,tion of measurement „f either- fixture-
. -un+ns
or eq ' nt " + ,t ,t' tm t + th
equivalent c � i�-�-��e-,
Errors in billing or collection shall be corrected in +;,,P ill Whieh r + the The
a timely manner by the City. Resulting credits on City Manager Adniinist-Otor shall receive a
accounts or refunds shall be made as written report of findings from staff and then
expeditiously as possible. Disputed billings or weigh the evidence presented by the customer and
other collection transactions shall be dealt with as the staff before making any such waiver.
follows:
(c) Any requests to waive utility charges
In recognition of the eNi e of- need for above $500.00 $250.00 shall be made in writing
exceptions to normalcircumstances- in some to the Intergovernmental Water Board. The
cases,A t authority is granted as follows for Finance Director or designee may schedule the
adjustments to utility charges and to the request on the next available agenda and so notify
implementation of payment agreements. All the customer at least one week in advance. All
waivers granted under 12.03.060 (a) (b) shall be materials related to the request shall be made
reported to the Intergovernmental Water Board available to the Board and the customer may be
each month upon their request. allowed to make a presentation to the Board at the
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ATTACHMENT A
TIGARD MUNICIPAL CODE
discretion of the Board Chairman.
(d) The Finance Camay 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. Breach of such an agreement by the
customer shall result in further collection efforts.
Payment agreements for amounts over $10,0008
must be approved by the Tigard City Council.
12.03.070 Customer Appeal Process.
(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 Director within fourteen
days of the decision in writing explaining the
issue and justification for the customers position.
Finance Director decisions may be appealed to the
City Manager within fourteen days
of the decision in a similar fashion. City Manager
decisions may be appealed within
fourteen days of the decision to the
Intergovernmental Water Board. Board decisions
are considered final. (Ord. 96-02). ■
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