Loading...
03-1044 City Code Utility Billing Ordinc CITY OF MERIDIAN ORDINANCE NO. 03- I (l fif BY: /~./fA- tS/rtt AN ORDINANCE OF THE CITY OF MERIDIAN AMENDING SECTION 9-1-5 APPLICATION FOR WATER SUPPLY, SECTION 9-1-20 PAYMENT OF USER CHARGES; LATE FEE, SECTION 9-1-21 DELINQUENCIES; CITY PROCEDURE, AND SECTION 9-1-24 WATER FUND AND OF CHAPTER 1 TITLE 9 WATER USE AND SERVICE, AND SECTION 9-4-28 DELINQUENCIES; CITY PROCEDURE OF CHAPTER 4 TITLE 9 SEWER USE AND SERVICE; PROVDING FOR THE ADDITION AND DELETION OF LANGUAGE PERTAINING TO UTILITY BILLINGS; PROVIDING FOR CONFLICTS, VALIDITY, SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO SECTION 1: That Section 5 Application for Water Supply of Chapter I Title 9, be, and the same is hereby amended, and shall now read as follows: 9-1-5: APPLICATION FOR WATER SUPPLY: A. Application Required: Whenever anyewneF person desires to obtain a supply of water from the City waterworks, he shall make mm!Y appliGation therefor in writing to the StlperÌ1!tendent efthe Water\verks Water Department for service and sign an agreement and agree to be governed by such rules and regulations not inconsistent with this Chapter, as may be prescribed by the Mayor and City Council for the control of the water supply. B. Contents Of Application; Grant Of Application: I.New Construction: The applicant must state the location, Iffiià ~ of building and uses therein, and the eHtiFe lifeR 8fthe g£8æld te Be supplied, and fully and truly state Utility Billing Directive Ordinance Page 1 of7 the purpose for which the water is to be used, and shall furnish a set of floor plans showing all water uses and a site plan if the water is to be used for irrigation. W:flefe\ifJaR, iIfthe application is granted, the Sa¡¡erimeRcleftt ofilie Waterw{i)rks Water Department may authorize the extension, at the expense of the applicant, and at no expense to the City, the service pipe and meter tile, meter yoke, meter tile lid, curb stop and any other fittings that are necessary to install service to the inside line of the curb at the point most convenient for supplying the applicant. 2. Existing Water Service: In the case of an existing water service connection. if the real property or improvement is sold or otherwise transferred. the person entitled to possession shall make application to the Municipal Billing Department to transfer the account. and shall supplv the department with all information requested by the department. 3. Third Partv Billing: After establishing an account for water service, a propertv owner may direct that a third partv. such as a property management company. or a tenant. receive the billing for water. sewer. and solid waste collection services. The third partv to whom the billings are sent shall also execute such documentation as is necessary to confirm the billing information. In the event such an account becomes delinquent. the Municipal Billing Department shall send a delinquency notice to the billing recipient. and the owner. at the addresses contained in the agreements. The City will charge a third party billing account set UP fee which must be paid at the time of the application. The fee will be set bv resolution of the Citv Council. The third partv billing agreement shall also provide that the property owner remains primarily responsible for charges assessed to the account. and further. that all unpaid charges constitute a lien against the real propertv. An owner mav appoint an agent. to act for the owner. to establish an account. receive billings. or do anvthing else an owner mav do. or be required to do. pursuant to this code. C. Street Paving: In cases where street paving is contemplated, the abutting property owners must either connect their premises with the water mains before the trench is backfilled or pay the cost of service from the main to curb if made thereafter. (Ord. 476,4-21-1987) SECTION 2: That Section 20 Payment of User Charges; Late Fee of Chapter I Title 9, be, and the same is hereby amended and shall now read as follows: 9-1-20: PAYMENT OF USER CHARGES; LATE FEE: All water charges shall be due and payable to the Clerk eet"'.'eØR the first ¡mcl teHtR clay af eaoh ealeRàar maRth far the billiRg from the pre'/iaas maHth Municipal Billing Department fifteen (15) days after the date of the billing statement. Upon failure to pay the same, as preseribeà within the time allowed. the water user, eaeßowRer shall pay, in addition to the amount due, a fiRe afteR €laHars ($lQ.(}O) late payment penalty as set by Resolution of the Citv Council. Utility Billing Directive Ordinance Page 2 of 7 SECTION 3: That Section 21 Delinquencies; City Procedure of Chapter I Title 9, be, and the same is hereby amended and shall now read as follows: 9-1-21: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Service; Notice: The City Clerk Municipal Utilitv Billing Department shall furnish monthlv each property o'Nfler OR the [!Fat of eaeh HlØRth water user a statement of the amount due for water and sewer and other charges for the preceding month or up to the time that the meter has been read~ and for other charges FelatiRg to the water system; and if any OWfler Reglects to water user does not pay his water bill by the tenth day of the moRth the billing within fifteen (15) davs from the date of the statement, or shall fail or refuse to pa-y the 'ova-ter Bill ia that time period, the water user's account shall be delinquent. Gwf!eFS Water users shall be notified by regular mail of this delinquency and if the bill is not paid in full within ten (10) days after service of this notification on the ewf!ef water user, the right to water shall cease and terminate UlÙess the owner requests a pre-termination hearing. Should the ewf!ef water user not request a pre-termination hearing. or if an adverse decision is rendered against the owner as a resalt efthe after a pre-termination hearing, the City may require the owner to pay the delinquent water bill attributable to the use, plus a tefI àellar ($10.00) turn-on charge as a condition of reeeP.<ffig resumption of water service agaifl, and in the event the water meter fffiISt-àe has been removed, aR aàditioBal fifty dellar ($59.90) fee must be paid as a condition ofreeeP.<ffig resumption of water service agaifl. tofty eWBer Ret JisÎflg water after the f!Fst ofilie meath, or ia case a meter is ased aiter the meter has beeR read, ffiliOt reJ!0rt the same to the City Clerk a.Bà have the water shut eft', and if he fails to de so, the full affioHßÌ for said moBth Rllist Be paid. No allowance will be made for nonuse for less than one month. All corrections as to the charge and all abatements shall be made under the direction of the Mayor and Council and shall be certified by the City Clerk Finance Director,...-¡md all water bills ffiIlot be ¡¡aid by the 8YÆef of the ¡¡re¡¡orty 1if)0R which the same is Jised aRd Bot BY the teBlIflts thereef. B. Right To Hearing: I. The City, in its delinquency notice to all water users and owners, shall inform them in writing all0wBers of their right to a pre-termination hearing, with such hearing to be held with the due process protection described below. If a me-termination hearing is requested bv anv water user +!he City will not discontinue water service to any owBer's ¡¡r0perty water user prior to a fair and impartial hearing, after timely and adequate notice and an opportunity to confront witnesses, to personally appear with retained counsel to be judged on facts adduced at the hearing and to otherwise be heard and defend the claim made by the City; if a pre temlÌBatieR heariBg is reqüeoted by my Ov\'Rer. The City Council shall have the responsibility of holding pre- termination hearings. The City Council shall make a record of ¡my all pre-termination hearin~. The City Council shall render its decision in writing, giving the reasons for its determination. In decisions adverse to the ewHef- water user, the City Council Utility Billing Directive Ordinance Page 3 of7 will inform the water eol'lsamer user of the right to appeal the decision pursuant to the Idaho State Administrative Procedures Act I2 . 2. Provided, however, the City shall not initially deny or discontinue water service to any ewÐef water user because of any delinquent water bill on .that premises that is attributable to the prior owner. However, any and all unpaid water charges shall be a lien against the property as provided below. The City may initially deny water service to any ewÐef water user who requests service at a new location when that ewÐef water user has a delinquency at any previous location or premises. Provided, further, that the City shall not initially deny water service to any ewÐef water user for whatever reason without informing the ewÐef water user of the right to a hearing before the City Council on the issue of whether the City can initially deny water services. In the case of an initial denial of water service, the City is not required to provide water service pending a hearing. However, a hearing upon request of an ewÐef water user initially denied water service shall be held as expeditiously as possible and held in the manner and accordance with the procedures for pre- termination hearings delineated above. C. Lien Imposed: Where allowed bv law. A!!il delinquent charges or fees, as provided by this Section, not paid after the final determination of the delinquent account, shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed; and the Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the Tax Collector of Ada County, and when so certified, the same shall be a lien upon the property. All monies collected by the Clerk under the provisions of this Section shall be paid over to the City Treasurer in the same manner as is required for the payment of other City monies. (Ord. 476, 4-21-1987) D. Securitv DeDosit: UDon aDDlication for new service. or UDon reconnection for existing service which was terminated for nonDavment. the Citv mav require a water user to Dav a deDosit in an account to be determined in accordance with Dolicies established bv resolution of the Citv Council. SECTION 4: That Section 24 Water Fund of Chapter I Title 9, be, and the same is hereby amended and shall now read as follows: 9-1-24 WATER FUND: All fees and charges received and collected under the authority of this Chapter shall be deposited and credited to a fund to be designated as the Water Fund within the Utilitv Enterprise Fund. The accounts of said Fund shall show all receipts and expenditures for the maintenance, operation, upkeep and repair of the domestic water system and any payments into a sinking fund established for the purpose of paying principal of and interest on the water indebtedness of the City which shall from time to time be outstanding. As provided by law, when budgeted and appropriated, the funds and credits to the account of the Water Fund shall be available for the payment of the requirements Utility Billing Directive Ordinance Page 4 of 7 for the maintenance, operation, repairs and upkeep of the domestic water system of the City, and to the extent legally available, for payment into a sinking fund established for the payment of the principal and interest on any water bond indebtedness of the City which shall from time to time be outstanding. (Ord. 476, 4-21-87) SECTION 5: That Section 28 Delinquencies; City Procedure of Chapter 4 Title 9, be, and the same is hereby amended, and shall now read as follows: 9-4-28: DELINQUENCIES; CITY PROCEDURE: A. Termination Of Water Service For Nonpayment: If a sewer user has not paid his meffihly ehai'ges BY the 1¡,ftth of the Hlenth the billing within fifteen (15) davs from the date of the statement, it shall be deemed delinquent. The City shall follow the procedure set forth in Section 9-1-21 of this Title for termination of water services, and shall cause the water supplied to said sewer user to be turned off from the premises, the City taking notice that, without water, the sewer system of the user cannot be used and shutting off the water is the only way to prevent the use of the sewer for nonpayment; provided, if the charges are not paid within ten (10) days after the delinquency notice, and if no penalty is due for nonpayment of water charges. an additional penalty Elf Ofle ¡lollai' f.ifty eeRts ($1.50) or as set by fifteen pereeRt (15%) of ehargÐS àÐe, whiehever is greater, Resolution of the CitY Council will be added to the account and must be paid to restore service. B. Lien Against Property: Where allowed bv law. Ai!ll delinquent charges or fees, as provided by this Chapter, not paid after the final determination of the sewer user's account shall be imposed as a lien against and upon the property or premises against which such charge or fee is levied or assessed, and the City Clerk shall, at the time of certifying the City taxes, certify such delinquencies together with all penalties to the Tax Collector of Ada County, Idaho, and when so certified, the same shall be a lien upon the property and will be collectible as other taxes. C. Use At New Location: The owner of any property leaving a delinquency in sewer fees at any location shall not be entitled to the use of the sewerage system at any new location until all fee delinquencies are paid. D. DispÐsitioR Of MaRies Celleeteà Sewer Fund: .^.ll maRies eollaeted BY the City Clerk IIRder the prÐvioioR of this SeetioR shall be paid over to the City TreaGtifer iR the same mæmer as is reftHired fer <be pa-ym.eftt of other CRY moflies. (Ord. 376, 7 7 1980) All fees and charges received and collected under the authoritv of this Chapter shall be deposited and credited to a fund to be designated as the Sewer Fund within the Utilitv Enterprise Fund. The accounts of said Fund shall show all receipts and expenditures for the maintenance. oueration. upkeep and repair of the domestic sewer svstem and anv payments into a sinking fund established for the PU1lJose of paving principal of and interest on the sewer indebtedness of the City which shall from time to time be outstanding. As provided by law. when budgeted and appropriated. the funds and credits to the account of the Sewer Fund shall be available for the payment of the Utility Billing Directive Ordinance Page 5 of 7 requirements for the maintenance. operation. repairs and upkeep of the domestic sewer svstem of the City. and to the extent legally available. for payment into a sinking fund established for the payment of the principal and interest on any water bond indebtedness of the City which shall from time to time be outstanding. SECTION 6: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7: VALIDITY: The Meridian City Council hereby declares that any section, paragraph, sentence or word of this ordinance as adopted and amended herein be declared for any reason to be invalid it is the intent of the Meridian City Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any portion as may be declared invalid. SECTION 8: SAVINGS CLAUSE: This ordinance does not affect an action or proceeding commenced or right accrued before this ordinance takes effect. SECTION 9: DATE OF EFFECT: This ordinance shall be in full force and effect after its passage, approval and publication, according to law. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~~r.t.dayof ~~ ,2003, APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this ~ day of ~~Iwr- , 2003, ~~J 7t14'h"'- ~, (I;;'{!Ð~f1rw,~ 1111111 II/flll "",~ OF MER':""", ", ~, 'V¿' '.:.- $" à ¡\pnl>. °'1-':'- ::- ~,c,o -""I~ ~ ..f ~ ;0 \ ATTEST: Utility Billing Directive Ordinance Page 6 of? STATE OF IDAHO,) : ss. County of Ada, ) '7 <2 I'd Q - W',\okv!Úd On this ~ day of o~ ,2003, before me, the ,- IOcl'1^ (j undersigned, a Notary Public in and for said State, personally appeared Ron:CRT D. ~and WILLIAM G. BERG, JR., known to me to be the~w~:~d Ci\y¡;p~!k, ;\: respectively, of the City of Meridian, Idaho, and who executed the Wrthm"Œ"s1J.EJri~fìt~ acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ..".'. .. N SA~. .. -----~"l.....'. .. 7Ó't~~~,~~. :r;:,/'::; """'\;r~ . I , . . I : . . I , . . , , . ':. \ /: .. ,~-!:CJm.,\C:/.Æ'.. .;~7i!-ÕF\Q?;'+. ......" ~ hM óY\ ~ ~ +kJ NOTARY PUBLIC FOR IDAHO RESIDING AT: A~ Û¡UnkçJdech--> MY COMMISSION EXPIRES: 'f-284i Z:\Work\M\MeridianlMeridian 15J60MlOrdinances City Hall\20OJ Ord\BillingDirecriveOrd 08 27 OJ.doc Utility Billing Directive Ordinance Page 7 of? WHITE PETERSON WHITE, PETERSON, MORROW, GIGRA Y, ROSSMAN, NYE & ROSSMAN, P.A. KEVIN E. DINIUS JuuEKLElNFlsCHER WM.F.GIGRAY,!JJ T. GuY HALLAM' JILL HOUNKA D.SAMUELJOHNSON WILUAM A MORROW WILUAMF. NICHOLS' CHR!sTOPHERS,NYE I'HILIPAI'ETERsON ERlCAS.I'HILuPS ERlC S. ROSSMAN rODD A ROSSMAN TERRENCE R. WIJrrE" NICHOLAS L. WOlLEN ATTORNEYS AT LAw NAMPA OFFICE 5700 E. FRANKLIN RD.. SUITE 200 NAMPA, IDAHO 83687-8402 rEL(208)466-9272 FAX (205) 466-4405 'A!w ,drn¡tt,d;n OR "A!w,drn¡tt,d;nWA August 27, 2003 William G. Berg, Jr. City of Meridian 33 E. Idaho Meridian, Idaho 83642 Re: Ordinance No, 03-/194-4-, (Utility Billing Directive Ordinance Amending Sections 5, 20, 21, and 24 to Chapter 1 and amending Section 28 to Chapter 4 Title 9) Summary of Publication Dear Will: Pursuant to the direction of the Meridian City Council, this office has prepared a summarization of the ordinance providing for Utility Billing Directives Ordinance Amending Sections 5, 20, 21 and 24 to Ordinance Chapter I and amending Section 28 to Ordinance Chapter 4 of Title 9 for Summary Ordinance for the City of Meridian, pursuant to the City's action. I do hereby advise the City, and make this statement, that said summary is true and complete and provides adequate notice to the public of the provisions of said ordínance. You are hereby directed to file this statement with the ordinance, pursuant to the provisions ofIdaho Code § 50-901(A). Enclosure Z:\Work\M\MeridianIMeridian I 5360M'Drdinances City Hall\2003 Ord\Berg Utility Billing Amendmt to sections 5, 20, 2 i and 24 Chap! 1 Title 9 Sum Ord Ltr082703.doc NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I,C, § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 03- I (l 1-4- PROVIDING FOR AMENDMENTS TO TITLE 9 CHAPTER 1 SECTIONS 5, 20, 21, 24 AND TITLE 9 CHAPTER 4 SECTION 28 TO THE SEWER AND WATER ORDINANCE An ordinance of the City of Meridian amending Sections 5, 20, 21 and 24 of Chapter I and Section 28 of Chapter 4 of Title 9 of the Meridian City Code by the addition and/or deletion of language to define the process for the application for water service, to direct where water payments shall be made and the time allowed for payment, to provide for termination of water and sewer service if an account is delinquent and to provide a right to hearing, and where allowed by law that liens shall be imposed on delinquent accounts, and to provide for fees and charges received and collected under the designated Water Fund shall be held in a Utility Enterprise Fund. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Id~eridian, Idaho. This ordinance shall become effective on the 2J/'d.. day of ~þ(",;i , 2003. "",,"111"'"/1/111 ,,":. Of MERID/IIII, " ~~ l"l ~ """ r:) o\\!'°Rtl¡; ~ '% ¡::- ~G ~<) ~ f' l First Reading: 9-23-03 Adopted after rust reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES-----K- NO- Second Reading: Third Reading: ZoIWmk\M\M,dw""IM"idi"" 1S360M\O<di.""", City Ha!l\2I)03 orolSum oro Utility Billi.g Dire"ivo Amond "" 5, 20,21 IDd 24 O,d 0827 03.d., Summary Utility Billing Amended Ordinance Chapters 1 and 4 Title 9 Page I of I