The URL can be used to link to this page

Home My WebLink About2179 OrdinanceORDINANCE NO. 2179 AN ORDINANCE relating to water and sewers, liability and liens for charges, and repair and cleaning of Private drainpipe by amending Sections P.M.C. 13 04 080, 13.48.010, and 13.52.410. /1 --THE CIT Y V COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: CIm Section 1. That Section 13.04 080 of the Pasco Municipal Code be and the same is hereby amended 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 chargeable against it and shall becore 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 authorize the city to require that the estimated water and sewer charges for any billing be paid in 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 13.48.010 of the Pasco Municipal Code 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 for monthly water consumption and sewer service charges to property that has been released from responsibility for such charges as provided in P.M.C. 13.04.080 for charges incurred during the time the release is in effect except the liens that may be enforced by turning off water service shall apply until there is accepted an application for service from a person who themself and any person residing on or using the property with them do not have owing to the city any water-sewer charges for the subject property or any other property. The provisions of P.M C 13 16.050 shall also apply. AP ROVED AS TO FORM -2- Section 3. That Section 13.52.410 of the Pasco Municipal Code be and the same is hereby amended to read as follows: P.M.C. 13.52.410 REPAIR AND CLEANING OF PRIVATE DRAINPIPE. Whenever any private drainpipe connected with any public sewer or drain becomes obstructed, broken, or out-of-order, the health officer shall, if the owner, agent, or occupant of such premises fails to repair the same after five (5) days notice so to do, cause such drainpipe to be removed, reconstructed, replaced, altered, or cleaned, as he may deem expedient, at the expense of the owner, agent, or occupant of such premises and the cost thereof shall be collected in the manner provided in P.M.C. 13.48.010. Section 4. This ordinance shall be in full force and effect after its passage and publication as required by law. of ED by the City Council of the City of Pasco this day , 1980. ATTEST Eve yn lens, City Clerk Chet Bailie, Mayor D nnis J. De Fe ice, City Attorney AFFIDAVIT OF PUBLICATION COUNTY OF Franklin )ss STATE OF WASHINGTON Phyllis Grves , being first duly sworn on oath deposes and says she is the Princ ipal Clerk of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and It is now and has been for more than six months prior to the date of the publication hereinafter referred to, published in the English language continually as a daily news- paper in Franklin County, Wahington, and is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper That the annexed is a true copy of a legal advertisement Ord. # 2179 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a tame supplement thereof, for a period of one towntpumelo, commencing on the 25th day of July , 19 80 , and ending on the day of , 19 , and that said newspaper was regularly distributed to its subscribers during all of this period That the full amount of $ 7 3 0 58 has been paid in full, also at the rate of 131- in.@ 5.45 - 73.58 Subscribed and sworn to before me this 25th dEq a July 719 80 Notary Public in and for the State of Washington, residing at Pasco i---- Ordinance No 2179 An 40.)rdinance relating to _n water und sewers liability and liens for charges and i repair and cleaning of pri vate drainpme by amending Sections P M C 13, 04 080, 1 13 48 010, and 13 5, 410 The City Council of the I City of Pasco does ordain as follows Section 1 That Section 13 04 080 of the Pasco 01/iu nicipal Code be and the same is hereby amended to read as follows P M C 13 04 080 Liability for Water and Sewer I Charges The ' applicant fbr ,water service shall be per sonally liable for all water and sewer service charges applicable to the property for which application is made from the time the re (wester,' service begins until 'the service is finally termi- nated to the applicant Ad I ditionally the applicant's spouse and all non depend ' ent s residing on or using the property shall be per ' sonally liable for all water I and sewer charges apPII cable to the property All water and sewer charges applicable to a property shall be char geable against it and shall become a lien against it as provided by law unless the property owner shall make 'a notarized, request to re lease the property from re lsponsipility Property owner" 'shall include a per 'son purchasing real estate 'under" a recorded land pur chase contract so long as the person swears that he or she has the authority I under the terms of the con itract to deal with the prop erty in such manner The grant of such a re lease shall authorize the 'city to require that the esti- mated water and sewer charges for any billing be paid in advance Such a re lease shall be binding on /subsequent property owners las well as any record title I owner for a release exe cuted by a contract purcha tser as described above unless and until the city re ceives notarized instructions , otherwise from the owner 1 ! Section 2 That Section 113 48 010 of the Pasco Mu , nicipal Code be and the i 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 pro 1 vided in R C W 35 21 290, 35 21 300 35 67 200, 35 67 280 and 35 67 290 or as here after amended or isupplemented ' No liens shall apply for i monthly water consumption and Sewer service charges to' ,property that has been !released front responsibility for such charges as provid ,ed in P M C 13 04 080 for icharges incurred during the time the release is in effect :except the liens that may be enforced by turning off water service shall apply until there is accepted an ,application for service from 'a person who themself and any person residing on or 'using the property with hem do not have owing to the city any water sewer charges for the sublect property or any other Prop erty The provisions of P M C 13 16 050 shall also , apply Section 3 That Section 13 52 4)0 of , the Pasco Mu nicipal Code be ... and the same is hereby amended to read as follows P M C 13 52 410 Repair and 'Cleaning of Private Drainpipe Whenever any private drainpipe connected with any Public sewer or drain becomes, obstructed, broken, or out of order, the 'health officer shall, if the owner, agent or occupant of such premises fails to repair the some after five (5) days notice so to do, cause such drainpipe to be removed, reconstructed, re- placed, altered, or cleaned, as he may deem expedient, at the expense of the own er, agent, , or occupant of such premises and the cost thereof shall be collected in the manner provided In P M C 13 48 010 Section 4 _This , ordinance shall be in full force and ,,effect after ,its passage and, Publication as seauired by law - A Passed by the City Coon cil of the City of Pasco this 21st day of July 1980 s s Chet Bailie Mayor Attest -s Evelyn Wells, City 'Clerk Approved as to form t -s Dennis J De Felice ' City Attorney Legal No 8547 July 25, , 1980 L_ FINANCE DEPARTMENT 15091 515 3401 Senn 726 3401 CITY of 141,k4,4, 'AMA( Ne , 1.177,1 wmqommwnrowva ...4Piliii0M774 M FP)W .R.P014PTTM:9400:44K" P 0 BOX 293 412 WEST CLARK PASCO, WASHINGTON 99301 July 22, 1980 Tri City Herald P 0 Box 2608 Pasco, Washington 99302 Gentlemen Please publish the attached Ordinances on the following date July 25, 1980 Please send two Affidavits of Publication for each Sincerely yours, Evelyn Wells City Clerk ew