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Home My WebLink About2050 OrdinanceORDINANCE NO. 2050 AN ORDINANCE relating to water and sewers, charges for services, liability and liens for charges, delinquency in payment of charges, application for connections and service, and return of service by enacting new section P.M.C. 13.04.080, by amending sections 13.16.010, 13.16.040, 13.16.050, 13.16.060, 13.48.010, by adopting new sections 13.04,080 and 13.20.090, and by repealing sections 13.16.020, 13.32.050, 13.48,020, and 13.48.030. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That Section 13.04.080 of the Pasco Municipal Code be and the same is hereby adopted to read as follows: P.M.C. 13.04.080 LIABILITY FOR WATER AND SEWER CHARGES. The applicant for water service shall be personally liable for all water and sewer service charges applicable to the property for which application is made from the time the requested service begins until the service is finally terminated to the applicant. Additionally, the applicant's spouse and all non -dependent's residing on or using the property shall be personally liable for all water and sewer charges applicable to the property. All water and sewer charges applicable to a property shall be chargable against it and shall become a lien against it as provided -by law unless the property owner shall make a notarized request to release the property from responsibility. Property owner shall include a person purchasing real estate under a recorded land purchase contract so long as the person swears that he or she has the authority under the terms of the contract to deal with the property in such manner. The grant of such a release shall mean that the city shall require that the estimated water and sewer charges for; the f_kri! b 11 i ng be'pai d_ i - advance. Such a release shall be binding on subsequent property°owners as well as any record title owner for a release executed by a contract purchaser as described above unless and until the city receives notarized instructions otherwise from the owner. Section 2. That Section 13.16.010 of the Pasco Municipal Code (Prior Code §4-3.100) be and the same is hereby amended to read as follows: P.M.C. 13.16.010 CONNECTION TO WATER SYSTEM OR INITIATION OF CUSTOMER SERVICE - APPLICATION, Any person desiring to have premises connected with the water supply system of the city or who desires to have water service shall make application at the office designated by the city manager on the forms provided. In the event the application is for an initial connection to the water service system (as provided in P.M.C. 13.36 or as hereafter amended), the applicant shall provide: -2- a. The name of the record owner of the property; b. If the application shall be by a person other than the record owner of the property, written proof that the applicant has permission from the record owner of the property to make the application; c. The name of any person purchasing the property under a recorded land purchase contract; d. If the application shall be by a person other than the person in (c) above in the event (c) is the case, written proof that the applicant has permission from the person in (c) above to make the application. This subsection (d) shall not apply if the applicant is the record owner of the property. Subsequent owners or purchasers of the property shall be responsible for providing written evidence of their interest in the property. Every applicant must: d. State fully and truly all the purposes for which the water may be required; b. Demonstrate that they have permission to occupy or use the property; c. Give the names of their spouse and all non -dependents residing on or using the property; d. Agree to conform to all ordinances, rules, and regulations now in existence and as hereafter amended or supplemented governming the water -sewer utility; e. Agree that the city shall have the right to shut-off the water supply at any time without prior notice for repairs, extensions, nonpayment of rates, or for other good cause, and that the city shall not be responsible for any damage caused by breaking, bursting, or collapsing of any boilers, pipes, or fixtures, or by the stoppage or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water; as a condition precedent to receiving water service. The application must be signed by the applicant and be accompanied by payment for any charges due in advance before water service will be connected or provided. The application is merely a written request for service and does not, in itself, bind the water department to serve. Only authorized employees of the city shall be permitted to turn the water on. Section 3. That Section 13.16.020 of the Pasco Municipal Code (Ordinance 1792 S1, 1976) be and the same is hereby repealed in full. -3 - Section 4. That Section 13.16.040 of the Pasco Municipal Code (Prior Code §4-3.106) be and the same is hereby amended to read as follows: P.M.C. 13.16.040 FAILURE TO RECEIVE MAIL - CHANGE IN ADDRESS OR OWNERSHIP. Failure to receive mail shall not be recognized as a valid excuse for failure to pay water bills when due. Change in ownership of property and change in mailing address must be made in writing at the office designated by the city manager. All bills and notices, including delinquency and water turn-off notices, shall be sent to the customer's billing address provided the city. Section 5. That Section 13.16.050 of the Pasco Municipal Code (Prior Code §4-3.108) be and the same is hereby amended to read as follows: P.M.C. 13.16.050 DELINQUENT BILLS. All water -sewer bills shall be delinquent if not paid in .full twenty (20) days after the date of billing. A delinquency notice shall then be sent the customer giving notice that the water will be turned -off within ten (10) days of the delinquency notice unless the customer requests a hearing with a city official'in the event the bill is disputed. The notice shall also advise that`in addition to any water turn -on charge that may be needed, that there is a two dollars and fifty cent late charge unless the bill is paid in full within thirty (30) days of the date of billing. The water shall remain turned -off until the delinquency and all resulting charges are ,paid in full unless the property has been released from responsibility for water and sewer charges pursuant to P.M.C. 13.04.080 in which event it shall remain turned -off until a subsequent application for service is accepted, provided that the subsequent applicant and any other person residing on or using the property is not liable for any water - sewer charges owing on the property or some other property served by the city water -sewer utility. Section 6. That Section 13.16.060 of the Pasco Municipal Code (Prior Code §4-3.110) be and the same is hereby amended to read as follows: ' P.M.C. 13.16.060 BACK BILLS - PAYMENT REQUIRED. An applicant. who has been a customer of the city water -sewer utility at the property or some other property and is liable to the city for material, labor, service, or other water -sewer charges shall be required to pay all outstanding bills and shall be required to establish his or her credit to the satisfaction of the city prior to receiving any water -sewer service. The above shall apply if any other person residing on or using the property that is liable to the city for any water -sewer charges. Service shall be denied any person or persons who use any subtrefuge whatsoever to avoid payment for services or other charges owed. Section 7. That Section 13.20.090 of the Pasco Municipal Code be and the same is hereby adopted to read as follows: -4- P.M.C. 13.20.090 MISCELLANEOUS CHARGES. a) There shall be a charge of seven dollars and fifty cents ($7.50) to initiate a customer service account. This charge shall include having water service turned on through an existing water service connection. b) There shall be a charge of two dollars and fifty cents ($2.50) if a bill is not paid in full within thirty (30) days of the date of billing. c) In the event water service at the property was turned -off as a result of a failure to timely pay water -sewer charges and the person requesting the turn -on of service was responsible for payment of the charges or resided on or used the property during the time those charges were incurred, there shall be a charge of seven dollars and fifty cents ($7.50) to turn the water on. If the person requests that the water be turned on during non -regular working hours, there shall be a charge of thirty-two dollars and fifty cents ($32:50) . Section 8. That Section 13.32.050 of the Pasco Municipal Code (Prior Code 4-3.178) be and the same is hereby repealed in full. Section 9. That Section 13.48.010 of the Pasco Municipal Code (Prior Code §4-3.220) be and the same is hereby amended to read as follows: P.M.C. 13.48.010 LIEN FOR WATER -SEWER CHARGES. All unpaid water - sewer charges and penalties shall become liens against the property to which they apply as provided in R.C.W. 35.21.290, 35.21.300, 35.67.200, 35.67.280, and 35.67.290 or as hereafter amended or supplemented. No liens shall apply to property that has been released from responsibility for charges as provided in P.M.C. 13.04.080 for charges incurred during the time the release is in effect except the water turn-off lien shall apply so long as a person responsible for water - sewer charges or penalties resides on or uses the property. Section 10. That Section 13.48.020 of the Pasco Municipal Code (Prior Code §4-3.222) be and the same is hereby repealed in full. Section 11. That Section 13.48.030 of the Pasco Municipal Code (Prior Code §4-3.224) be and the same is hereby repealed in full. Section 12. This ordinance shall be in full force and effect after its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 16 day of April 1979. AT T: 6604�� Chet Bailie, Mayor E�rel Z ells, City Clerk APP OVED AS TO ORM• De is J. D e ice, City Attorney