Ordinance No. 16-18 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 16- /9
AN ORDINANCE AMENDING THE TIGARD MUNICIPAL CODE CHAPTER 12 BILLING AND
COLLECTION OF UTILITY CHARGES SECTION 12.03.040
WHEREAS, the Tigard Municipal Code contains references to errors in billing but lacks a definition of a time
period established for credits and refunds to accounts;and
WHEREAS, to reduce risk over customer account discrepancies by limiting the period of error not to exceed
two years from the date of discovery;and
WHEREAS,the City of Tigard provides payment arrangements as an option for customers pay their utility bills
without becoming past due;and
WHEREAS, the Tigard Municipal Code does not establish a limit on the number of payment arrangements a
customer can enter into with the city;and
WHEREAS,in order to insure fairness and equitable customer service among the utility customer's by limiting
the number of payment arrangements allowed in a year;and
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Section 12.03.040 of the Tigard Municipal Code is hereby amended as shown in Exhibit A;
text to be added is shown in underline.
SECTION 2: This ordinance shall be effective 30 days after its passage by the council, signature by the
mayor,and posting by the city recorder.
PASSED: By k n 4W M4441' vote ofo council members present after being read by number
and title only,this day of A11Cws 6ti- ,2016.
Carol A. Krager,City Recorder
APPROVED: By Tigard City Council this 3 4Xdayof �� P 2016.
John L. ook,Mayor
ORDINANCE No. 16- /B
Page 1
Approved as to form:
r-� /�--
City Attorn
Date
ORDINANCE No. 16-/8
Page 2
Exhibit.A,
TIGARD MUNICIPAL CODE
A Chapter 12.03 BILLING AND amended are hereby adopted by reference and
COLLECTION OF shall be in full force and effect as part of this
UTILITY CHARGES* municipal code.
Sections: B. Collections from utility customers
12.03.010 Authority will be applied first to interest, penalties or
12.03.020 Definitions other fees and charges, then proportionately
12.03.030 Rates,Charges,Fees,Penalties, among the rest of charges for services billed or
Collections as provided by contract with Clean Water
12.03.040 Utility Charge Adjustments and Services.
Payment Agreements C. All fees and charges set forth in this
12.03.050 Customer Appeal Process chapter shall be set by resolution by the Tigard
*Prior ordinance history:Ord.Nos.96-02,02-29. City Council. (Ord. 12-06 §1)
12.03.010 Authority 12.03.040 Utility Charge Adjustments and
Payment Agreements
All definitions, authority, rules, and When the finance director or designee
regulations as described in Chapter 12.01, determines that a billing error has occurred,the
Utility Services Rules and Regulations, are
applicable to this chapter. (Ord. 12-06 §1) director or designee may authorize an
adjustment of the customer's utility account
12.03.020 Definitions for the period of the error, not to exceed two
years from the date the error is identified.
A. Utility Charges.Any combination of Adjustments will be in the form of credits or
water service charges, sanitary sewer service additional charges to active utility accounts.
charges, surface water charges or other fees Errors in billing or collection shall be corrected
and charges authorized by the Tigard City in a timely manner by the city. Resulting
Council or the Clean Water Services imposed credits on accounts or refunds shall be made as
on users of utility services. expeditiously as possible. Disputed billings or
other collection transactions shall be dealt with
B. Delinquent. Utility charges not paid as follows:
by the due date specified on the bill for such
In recognition of the need for exceptions
charges are considered delinquent.
in some cases, authority is granted as follows
C. User. Any person who uses property for adjustments to utility charges and to the
which maintains connection to,discharge to,or implementation of payment agreements.
otherwise receives services from the city's
stormwater, surface water, sanitary sewer or A. The finance director or designee
water systems. The occupant of occupied shall have the authority to waive utility
property is deemed the user. If the property is charges up to $500. Such waiver may be made
not occupied, the person who has the right to based upon a written request from the
occupy it shall be deemed the user. (Ord. 12- customer and for good cause. Good cause may
06 §1) include, but is not limited to, correction of
user or account information, failure of the city
12.03.030 Rates,Charges,Fees,Penalties, to send a bill,demonstrated failure of a user to
Collections receive a bill, correction of measurement of
either fixture units or equivalent service units
A. Clean Water Services Rates and and adjustments to the time in which requester
Charges Resolution and Orders as amended became the user. Waivers may include
and Ordinance Numbers 26, 27, 28, and 29 as
12-03-1 Code Update:4113
TIGARD MUNICIPAL CODE
returned check charges, disconnection charges
or utility charges.
B. The city manager or designee shall
have the authority to waive utility charges up
to $2,500. Such waiver must be made based
upon a written request from the customer and
for good cause as defined in subsection A of
this section. The city manager shall receive a
written report of findings from staff and then
weigh the evidence presented by the customer
and the staff before making any such waiver.
C. The city 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 one
tree 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. The city shall not enter into more than
two payment agreements with a given
customer in a one year period,beginning as of
the date the first payment agreement is
executed by the parties. Payment agreements
for amounts over $10,000 must be approved
by the Tigard City Council. (Ord. 12-06 §1)
12.03.050 Customer Appeal Process
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 14
days of the decision in writing explaining the
issue and justification for the customer's
position. Finance director decisions may be
appealed to the city manager within 14 days of
the decision in a similar fashion. City manager
decisions may be appealed within 14 days of
the decision to the City Council. Council
decisions are considered final. (Ord. 12-06 §1)
12:03-2 Code Update:4113