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HomeMy WebLinkAbout3350 OrdinanceORDINANCE NO. 3350 AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING SECTION 13 16 120 ENTITLED "UNAUTHORIZED TURN ON" TO PROVIDE FOR AN ADMINISTRATIVE REMEDY FOR THE ASSESSMENT OF SERVICE FEES FOR UNAUTHORIZED RECONNECTION OF WATER AND/OR REPAIR COSTS THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1 That Section 13 16 120 of the Pasco Municipal Code entitled "Unauthorized Turn On" of the Water Rules and Regulations shall be and hereby is amended and shall read as follows 13.16.120 Unauthorized Turn On It is a breach of the contract between the City and the property owner for any property owner, occupant or any unauthorized person to consent to, or turn water on or off at the curb cock, or in the meter box, or to receive, obtain, or use any water therefrom after the water has been shut off by an authorized agent of the Water Department personnel and before the water is turned on by an authorized agent of the Water Department personnel or to tamper, modify or damage any water meter or associated valves and piping All costs of repair, replacement, connection or disconnection, resulting from a violation of this section, and a twenty dollar ($20 00) penalty, shall be assessed against the water services customer and included as additional costs in the regular service billing Failure to pay the assessed costs may result in a lien being assesesed against the real property served by the connection Notice of the assessed costs and penalty shall be included on the customer billing together with their right to a hearing to contest the assessment and penalty as provided below There is hereby created a presumption that the head of the household or manager of a firm consents to all beaches of above-referenced contract by members of household or firm, thereby becoming responsible for violations of this section Any person aggrieved by assessment of such costs may, within ten (10) days of receipt of their regular service billing showing the assessment of such costs, request a hearing before the Code Enforcement Board as an administrative hearing challenging the liability or extent of the assessed costs A request for a fair hearing shall be made in writing and directed to the Code Enforcement Board and shall state the basis for such appeal A hearing shall be held within thirty (30) days of the receipt of a sufficient request for hearing after notice stating the date and time of the hearing, the hearing officer, and that a decision shall be rendered by the Code Enforcement Board within ten (10) days of the date of said hearing in writing three hundred dollars (Ord 1792 Sec 2, 1976, Prior code Sec 4-3 122) Section 2 This ordinance shall take full force and effect five (5) days after its passage and publication as required by law PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this 15th day of March, 1999 AttirA /4;s1W.A_ harles D Kilbury, ayor ATTEST APPROVED AS TO FORM Catherine D Seaman, Leland B Kerr, Deputy City Clerk City Attorney dl " 1011W ea _ P 0 BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582-1500 &MAE, ADVEOVOS1100 INVOICE DATE 0 5 " I "I vvv LEGAL NO W )1 '0 ACCOUNT NO I ti':cY DESCRIPTION 440 fr< t .1 1'.1) I WIN( I Ni),. 3 350 TIMES I INCHES I I Please detach at perforation and return with payment AFY8DAKY PEVE3111CY1100 COUNTY OF BENTON SS STATE OF WASHINGTON (11111 Hondo! ,011 , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-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 countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy o f a ttol,t'f ORO I Nollt,1 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, I time(s), 0,3/5 I 1 ,)c ) commencing on 1 9 , and ending on , I 1 999 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIBED AND SWORN BEFORE ME THIS 2/ DAY OF Me Jr/7 , otary public in and for the State of Wash- ington, residing at k (I i I ,t ild COMMISSION EXPIRES ()13 / I "1 / '0°0 ECEIVER) MAR 2 S 1999 L'(*" RINANCE DEP Sec 2 1976 Prior Code Sec 4-3 122) Section 2 Thu:: ordinance shall take full force and ef- fect f ye (5) days after its passage and publication as required by law' PASSED by the City Cour cil of the City of Pasco Washington and approved as provided by law this 15th day of March 1999 Charles D Kilbury Mayor ATTEST Catrionne D Seaman Deputy City Clerk Aporni , cl us to Form I Le - 3 Kerr City r -rney #0 J - 3/21/99 _ SOLD TO PrYiasf) I I Pr ()I I Ii, POK I 'Acinf) WI) Q9 ,0 I TOM& 43 NOTICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered AN ORDINANCE OF THE WASHINGTON CITY OF PASCO ORDINANCE NO 3350 AMENDING SECTION 13 16 120 ENTITLED UNAUTHORI? ED TURN ON TO PROVIDE FOR AN ADMINISTRATIVE REMEDY FOR THE ASSESSMENT OF SER- VICE FEES FOR UNAUTHORIZED RECONNECTION OF WATER AND/OR REPAIR COSTS THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS Section 1 That Section 13 16 120 of the Pasco Municipal Code entitled Unauthorized Turn On of the Water Rules and Regulations shall be and hereby is amended and shall read as follows 13 16 120 Unauthorized Turn On It is a breach of the contract between the City and the property owner for any property owner occupant or any unauthorized person to consent to or turn water on or off at the curb cock or in the meter box or to re ceive obtain or use any water therefrom after the water has been shut off by an authorized agent of the Water Department per- sonnel and before the water is turned on by an authorized agent of the Water Department per- sonnel or to tamper modify or damage any water meter or associated valves and piping 411 costs of repair replacement connection or disconnection resulting from a violation of this sec- tion and a twenty dollar ($20 00) penalty shall be assessed against the water services customer and In- cluded as additional -- in the regular service - ing Failure to pay the L.- sessed costs may result trt a lien being assessed against the real property served by the connection Notice of the assessed costs and penalty shall be included on the customer billing together with thotr right to a hearing to contest the assessment and pen- alty as provided below There is hereby created a presumption that the head of the household or man- ager of a firm consents to all beaches of above- referenced contract by members of household or firm thereby becoming responsible for violations of this section Any person aggrieved by assessment of such costs may within ten (10) days of receipt of their regular service billing showing the assessment of such costs request a hear ing before the Code Enforcement Board as an administrative hearing challenging the liability or extent of the assessed costs A request for a fair hearing shall be made in writing and directed to the Code Enforcement Board and shall state the basis for such appeal A hearing shall be held within thirty (30) days of the receipt of a sufficient request for hearing after notice stating the date and time of the hearing the hearing officer and that a decision shall be rendered by the Code Enforcement Board within ten (10) days of the date of said hearing in,wnting Any violations of this section will result in a civil action being brought against the head of household/firm for damage not V!, exceed three hun