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HomeMy WebLinkAbout4161 OrdinanceORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, amending Title 3 "Revenue and Finance" establishing various fees, defining acceptance of credit cards and establishing procedures for miscellaneous billing. WHEREAS, the City provides a variety of services whereby the customer is billed for services rendered, and WHEREAS, some of those billing and collection processes are not currently included in municipal code; and WHEREAS, unifying billing and collection processes will provide a more efficient means of administering those systems and provide a more convenient and equitable system for the City's customers; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That the following subsections of the Pasco Municipal Code 3.200.140 pertaining to utility payments shall be repealed: ._ F.I.M. ma. Section 2. That Section 3.200.140 entitled "MISCELLANEOUS UTILITY CHARGES" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: J) There shall be a charge as set forth in Chapter 3.07 of this code to be known as the "Utility Lien Search Fee ". This fee shall apply for providing a legally binding utility pay-off estimate pursuant to RCW 60.80.020. Section 3. That Chapter 3.112 RETURNED CHECKS the Pasco Municipal Code, shall be and hereby is amended to read as follows: CHAPTER 3.112 RETURNED TD'`'ED CHECKS AND ELECTRONIC PAYMENTS Sections: 3.112.010 perN ^ r Tv F RETURNED PAYMENT PENALTY — IMPOSITION 3.112.020 PENALTY T TV FEE CASH ONLY — AUTHORITY 3.112.030 RETURNED PAYMENT PENALTY NOTICE 3.112.040 MISCELLANEOUS PAYMENT PROCESSING CHARGES 3.112.050 DEBIT /CREDIT CARD ACCEPTANCE 3.112.010 PENALTY FEE RETURNED PAYMENT PENALTY — IMPOSITION. Any person, corporation, business or partnership or other entity or association, issuing a bank check, or draft or electronic form of t)avment including, but not limited to, debit cards and credit cards to the City of Pasco, or any of its departments, shall be assessed by the City Finance Department a penalty fee known as the "Returned Payment Fee" as set forth in the fee provisions of this code, if the payment bank cheek °r dfaft is returned to the City unpaid or otherwise not processed when presented. been se of insuffieient funds in the aeeoiint of the payef of bee use the . ,mot of the payef is elosed 3.112.020 PENALTY F E CASH ONLY — AUTHORITY. The City Finance Department and any other City Department is authorized not to accept the bank check or draft of a person, corporation, business, partnership, or other entity or association assessed the penalty fee set out in Section 3.1120.010 until the penalty fee has been paid along with the amount of the underlying bank check or draft by cash, cashier's check or money order. 3.112.030 NOTICE. Notice of the penalty fee imposed by Section 3.112.010 and the authority imposed by Section 3.112.020 shall be posted in the City Fina ee DepaAfn°n+ at a place or places that is open to the view of the general public at City Hall where payments are accented from members of the public. Additionallv, notice of the penalty shall be included on all billiniz invoices. 3.112.040 MISCELLANEOUS PAYMENT PROCESSING CHARGES. There shall be a charge as set forth in Chapter 3.07 of this code the following_ charges: A) "Debit Card Convenience Fee (Counter)" for payments made by debit card and processed at the utility_ payment counter and the "Debit /Credit Card Convenience Fee (Web)" for payments made by debit /credit card and processed via the on -line web pa m�ystem. B) "On -line Processing Assistance Fee" for payments made over the phone that utilize office personnel to process the transaction via the on -line or phone payment system. 3.112.050 DEBIT /CREDIT CARD ACCEPTANCE. Credit cards will be accepted as payment for all billed charges, related pa vent processing charges and all charges incurred at the Sun Willows Golf Course, City View Cemetery and through the Recreation Division. Credit cards will not be accepted for permits, licenses, taxes, and other fees where payment is required before service, license or permit is provided. Debit cards are accepted for all fees, permits and licenses whether billed or not. 2 Section 4. That Section 3.07.150 entitled "Utilities - Billing" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3.07.150 UTILITIES BILLING: 3 Fee /Charge Reference A) Application Fee 1) Service to new connection $15.00 13.16.010 2) Service to existing connection $15.00 3.200.140 (A) B) Utility Deposit Water Consumption Factor $75.00 3.200.040 C) Disconnect Collection Pfeeess Fee $50.00 3.200.140(C) D) Field Service 1) Field Service Fee $15.00 3.200.140(D) 2) After Hours Fee $75.00 3.200.140(E) 3) After Hours Fee /Collection $25.00 3.200.140(F) E) Unauthorized Reconnect Penalty $50.00 3.200.110 F) Late Pay penalty $10.00 3.200.140(B) G) Dhone Golleetion Pfeeess Collection $10.00 3.200.140(B) Notification Fee 144 Debit Card C,.,,yenienee Foe $8-58 3.200.140((94 (r,.untef) 1� Debit/Gredit Card r,,, Foe $-1-59 3.200.140(G4 yenienee (Web) J3 $3-.00 K4 Phone No Assist v.,., nent Fee $2-99 3.200.140(i), H) Utility Lien Search Fee $30.00 3.200.140 (J) 011 Meter test (accuracy test of meter) $60.00 13.24.030 W) Fire Line — per month $8.00 13.28.060 N4KI Meter repair $100.00 plus 13.24.100 time /material 9)LI Sewer tap and inspection (In/ Out City) $75.00 13.52.140 PM Water tap application fee (each) $150.00 3 Section 5. That Section 3.07.090 entitled "MISCELLANEOUS" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: A) B) G) Photocopy Fees — per copy Returned Cheeks Payment Fee Utilit!�Ibien Seafeh Fee Fee /Charge $ 0.15 $25.00 $30.00 C) Debit Card Convenience Fee (,Counter) $ 0.50 D) Debit /Credit Card Convenience Fee (,Web) $ 1.50 E) Phone Operator Assist Payment Fee $ 3.00 F) Phone No Assist Payment Fee $ 2.00 G) Late Pay Penalty $10.00 H) Phone & Collection Fee $10.00 I) Pre - Collection Fee $10.00 J) Collection Turnover Fee (charges, penalties & fees) 5% K) Installment Plan Origination Fee ($10 min) 3% L) Installment Plan Monthly Bill Fee $ 5.00 Reference Admin Order 42 3.112.010 3.112.040 A) 3.112.040 A) 3.112.040 B) 3.112.040 B) 3.300.050 A) 3.300.050 B) 3.300.050 C) 3.300.050 D) 3.300.070 D) 3.300.070 D) Section 6. That Section 3.200.080 entitled "DELINQUENCY" of the Pasco Municipal Code, shall be and hereby is amended to read as follows: 3.200.080 DELINQUENCY. A) All utility charges shall be due immediately upon billing and become delinquent if not paid in full twenty days after the date of billing. Late fees, penalty fees and collections fees are considered delinquent when assessed. B) Notice of delinquency shall be sent on the subsequent monthly bill informing the customer that a late pay penalty fee has been added and if payment for all delinquent charges is not received by the date, time and location listed on the notice, additional fees will be incurred and water service may be stopped without further notice. A copy of the delinquent bill will also be sent to the owner for all delinquent tenant accounts. Delinquent charges for ...hieh pa�^ e^+ has not been feeei ed that are not paid by ten days past the subsequent monthly bill date shall be sent a phone notification to the customer's designated local phone number on file stating the date and time by which payment must be received in order to be excluded from the disconnect collection process. Delinquent charges for- .,,hie ent has not been feeei °' that are not paid by twelve days past the subsequent monthly bill date shall be subject to disconnection of water service until paw �e` t has been r-eeei ed f^~ all delinquent charges are paid unless the manager and the customer establish a written and signed payment arrangement to provide for payment of all charges billed and expected to be billed by the last payment date of the arrangement. Payment arrangements are not automatic and are to be based on a written policy established by the City Manager and administered by the manager. Failure to adhere to the written arrangement will result in additional fees as specified in Chapter 3.07 and disconnection of water service without further notice. If an account is processed through the disconnect collection process for two consecutive months or any three times within the last twelve months, the manager may require payment for all current as well as delinquent charges be received prior to reconnecting water service. E C) A separate delinquent notice, in addition to the notice pursuant to paragraph (B) shall be delivered to the service location of multi - family and commercial properties at least seven days prior to scheduled disconnection of service to provide tenants the opportunity to contact the landlord or to arrange payment prior to the disconnection of service. Section 7. That a new Chapter 3.300 entitled "Miscellaneous Billing Management" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: Chapter 3.300 MISCELLANEOUS BILLING MANAGEMENT Sections: 3.300.010 DEFINITIONS 3.200.020 FAILURE TO RECEIVE MAIL - CHANGE IN ADDRESS OR OWNERSHIP 3.300.030 ORDER OF PAYMENT 3.300.040 BILLING 3.300.050 DELINQUENCY 3.300.060 AMBULANCE INSURANCE COVERAGE 3.300.070 CEMETERY SERVICES 3.300.080 INSTALLMENT PAYMENTS 3.300.090 BACKBILLS- PREPAYMENT REQUIRED 3.300.100 HEARING AND APPEAL. 3.300.010 DEFINITIONS. For the purpose of this Chapter, certain terms or words shall be interpreted or defined as follows. Except as defined in this section all words in this title shall carry the customary meanings. Words used in the present tense include the future and the future includes the present and the plural includes the singular and the singular includes the plural. This chapter specifically excludes debts and services covered by Chapter 3.200 Utility Billing Management, or is set out by specific contract (e.g. rents), or is set out by specific ordinance or resolution (e.g. Local Improvement District debt). If contracts are silent as to payment terms or conditions, then this chapter shall apply. A) "Manager" means the Finance Manager, and his or her designee. B) "Office business hours" means Monday through Friday from 8:00 a.m. to 5:00 p.m. excluding holidays where city offices are closed. C) "Office nonbusiness hours" means any days and hours not included in office business hours. D) "Paid" means payment that has been received, processed and posted to the customer's account. E) "Billing office" means the Finance Division office inside City Hall, which is located at 525 N 3rd Ave Pasco, WA. It specifically excludes the drop box located at City Hall or any other location. 3.300.020 FAILURE TO RECEIVE MAIL - CHANGE IN ADDRESS OR OWNERSHIP. Failure to receive snail shall not be recognized as a valid excuse for failure to pay bills when due. Change in ownership of property and change in mailing address must be made in writing to the Finance Department. All bills and notices, including delinquency and collection notices shall be sent to the customer's billing address provided the City. 3.300.030 ORDER OF PAYMENT. Payments received shall be applied against outstanding charges in the following order: Interest and finance charges, late and penalty fees, collection charges, then charges in the order listed on the invoice. Overpayments may be applied to other invoices for the same customer. If no other outstanding invoices exist then the overpayment shall be refunded. Refunds will be issued within two weeks of the receipt of the overpayment 3.300.040 BILLING. All charges shall be due immediately upon billing and become delinquent if not paid in full to the billing office during office hours within twenty -eight days of the original bill date. Late fees, penalty fees and collections fees are considered delinquent when assessed. Bills shall include notice of availability of an installment payment plan when applicable and the process for the customer to request such a payment plan. 3.300.050 DELINQUENCY. Delinquent bills shall be processed as follows: A) Invoices that are not paid in full within twenty -eight days will incur a penalty known as a "Late Payment Penalty" in an amount as set forth in Chapter 3.07. A delinquent notice indicating the amount of the invoice and penalty will be mailed. The notice shall also include the timeline for the additional of future collection fees as outlined below (at thirty -eight days and forty -five days) as well as the process for the customer to dispute charges or request a payment plan (if applicable). B) Bills not paid in full within thirty -eight days from the original bill date will incur a collection fee known as "Phone & Collection Fee" in an amount as set forth in Chapter 3.07. The customer will be called at the phone number provided by the customer to the city Finance Department. If no phone number is provided the city, at a minimum, will check the local phone book to try and locate a phone number. The collection fee applies irrespective of the phone call outcome. C) Bills not paid in full within forty -five days of the original bill date will be flagged to turn over to an outside collection agency for follow up. A "Pre- Collect" notice will be sent informing the customer they have 30 days to either pay in full (including penalties and collection charges) or dispute the charges or their account will be turned over to an outside collection agency and that an additional collection fee has been added. Customers will also be notified that once the bill (including penalties and collections charges) has been turned over collection then their right to dispute charges becomes forfeit and the account will not be withdrawn from the outside collection process once it is turned over. A collection fee known as "Pre - Collection Fee" in an amount as set forth in Chapter 3.07 will be added. D) Bills (including penalties and collections charges) not paid in full within seventy - five days of the original bill date and which are not in dispute and which are not covered by an installment payment plan will be turned over to an outside collection agency. Accounts turned over to an outside collection agency incur an additional collection fee by the city known as the "Collection Turnover Fee" at the time of transfer as set forth in Chapter 3.07 and will incur interest charges at the maximum rate allowed by state law starting with the date of transfer. 3.300.060 AMBULANCE INSURANCE COVERAGE. The responsibility for payment of ambulance and medical service charges remains with the patient (or patient's family if a minor). In the case of ambulance charges, if the customer assigns the right to collect payment from an insurance company and provides all information and approvals when requested, the city M will bill the insurance company directly. Once the insurance company has paid, then the remaining amount will be billed to the customer per 3.300.040. If the insurance company has not paid within sixty days, then the full amount will be billed to the customer per 3.300.040. The customer may request an installment payment plan per 3.300.060. If insurance proceeds are later received by the city then the overpayment will be refunded to the customer. 3.300.070 CEMETERY SERVICES. All cemetery goods and services must be paid for either at the time of sale, or before burial, provided, however upon acceptance of application for time payment, the account may be paid over time as follows. Fifty percent of the invoice must be paid prior to burial; the remaining amount exceeding $1,500 must be paid within sixty days. The last $1,500 must be paid in no longer than twelve months from the original invoice date. 3.300.080 INSTALLMENT PAYMENT PLANS. Per 3.112.040 credit cards are accepted for all billed debts. The city is considered the lender of last resort when there are no savings or other credit avenues available. An installment plan is not authorized merely as a mechanism for customer convenience. All installment payment plans must be in writing in a form prescribed by the city and signed by both the customer and the manager. Installment payment plans are available as follows: A) For debts owed by individuals only. Installment plans are not available for debts owed by corporations, partnerships, businesses or other entity or associations. B) For debts as defined in 3.300.010. C) All installment payment plans must provide for payment in full within no later than twelve months of the original bill date with $100 per month as the recommended minimum payment. An applicant may request a financial hardship waiver from the manager who is authorized to set a lower monthly payment. Such lower payment shall be no less than $50 per month. D) There shall be a charge known as the "Installment Plan Origination Fee" as well as a flat rate, per installment, processing fee known as the "Installment Processing Fee ". Both amounts are set forth in Chapter 3.07. 3.300.090 BACK BILLS - PREPAYMENT REQUIRED. An applicant who is liable to the City for unpaid, past due charges may be required to pre -pay for future services. Service may be denied to any person or persons who use any deceptive, unlawful, or misleading means or device whatsoever to avoid or minimize the payment for services or other charges owed. 3.300.100 HEARING AND APPEAL. Any person aggrieved by the assessment of any charge, fee, or penalty, may, within ten (10) days of receipt of the City's billing to which they are objecting, in writing, upon a form provided by the City, request an informal administrative hearing before the manager. The manager hearing this dispute, shall be authorized to correct any errors to the customer's billing. The appeal hearing shall be scheduled by the manager at City Hall and conducted during regular business hours within seven (7) business days of receipt of the appeal. A written decision shall be delivered to the customer at the address designated on the appeal within ten (10) days of the hearing. Section 8. This Ordinance shall take effect September 1, 2014 7 PASSED by the City Council of the City of Pasco at a regular meeting the 16th day of June 2014. Matt Watkins, Mayor ♦ mmrnm N. APPROVED AS TO FORM: Leland B. Kerr, City Attorney