001-24 - Ordinance - Amending POMC 13.04 Penalties for Delinquent Utility Service ChargesDocuSign Envelope ID: A5AAB759-B966-4096-AF65-21BA517E92FF
ORDINANCE NO. 001-24
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
RELATING TO PENALTIES FOR DELINQUENT UTILITY SERVICE CHARGES;
AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 13.04.050 AND
13.04.056; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City is a non -charter code city operating under Title 35A RCW, among
other laws; and
WHEREAS, the City owns and operates water and sewer utility systems, which provide
water and sewer service to persons and property located within the City's water and sewer
service areas; and
WHEREAS, the City owns and operates storm drainage utility systems, which provide
storm drainage service to persons and property located within the City's; and
WHEREAS, the City has full authority to regulate the use of its utility systems, and
pursuant to that authority the City has established penalties for delinquent utility service charges
in Chapter 13.04 and 13.06 of the Port Orchard Municipal Code; and
WHEREAS, the City Council has determined that it is in the best interests of the City, and
will serve the public health, safety, and general welfare, to amend the delinquent utility service
charge penalties and to allow for certain waivers of penalties, as provided in this Ordinance; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. The above recitals are adopted as findings for this Ordinance.
SECTION 2. Section 13.04.050 of the Port Orchard Municipal Code is hereby amended to
read as follows:
13.04.050 Billing.
(1) The water and/or sewer charges shall be billed by the city finance director bimonthly,
on the last day of the bimonthly period, to the property owner. The charges and rates
shall be due to the finance director, who is authorized and empowered to collect and
receipt for such payments, on the first day of the month following the receipt of services.
(2) Charges remaining unpaid 25 days after the due date shall be considered delinquent
and shall be subject to an additional charge of $5 dollar per utility service as a penalty.
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(3) When a water and/or sewer bill shall become delinquent and a city employee must go
to the premises during normal working hours for the purpose of hanging a written notice
on the door, there shall be a charge added to the account set forth in POMC 13.04.025.
(4) If the delinquent water and/or sewer charges remain unpaid over a period of 30 days
after the due and payable date, service will be discontinued by turn-off. Service will not
resume thereafter until the delinquent charges and penalties, together with a turn-off
fee, have been paid in full. The turn-off fee shall be set forth in POMC13.04.025.
(a) It is unlawful for the owner or occupant of the premises to turn on/off the water,
cause damage, or cause it to be turned on after it has been shut off or locked by the
city. The above charges under this subsection (4) will apply if the city has to return to
re -shut off an account that is supposed to be turned off at the meter for nonpayment.
Violations will result in a fee as determined by the city which is set forth in POMC
13.04.025.
(b) In the event of a declared state of emergency, due to a natural disaster, weather
or public health emergency, the city finance director is authorized to suspend
disconnection of water and/or sewer services and to waive turn-off fees for the
duration of the declared emergency. All other fees and charges shall continue to
accrue.
(5) Where both water and sewer delinquent charges are involved, the customer shall not
be billed double penalties.
(6) In the event of a declared local state of emergency, due to a natural disaster, weather
or public health emergency, the city finance director is authorized to suspend
disconnection.
SECTION 3. Section 13.04.056 of the Port Orchard Municipal Code is hereby amended to
read as follows:
13.04.056 Waiver authority.
The finance director, or their designee, at their discretion, shall have the authority to adjust or
waive utility late fees, penalties, and/or disconnection charges: (1) during a local, state or
federally declared emergency; (2) in the case of errors or other similar extenuating circumstances,
as long as the utility account has not received a waiver or adjustment in the previous 12 months;
or (3) for late fees or penalties, when the total late fee or penalty amount has grown to at least
fifty-one percent (51%) of the total delinquent utility service charge amount, as long as the utility
account has not received a waiver or adjustment in the previous 12 months.
The finance director, or their designee, at their discretion, shall have the authority to make
alternative utility payment arrangements: (1) during a local, state or federally declared
emergency; (2) in the case of errors or other similar extenuating circumstances, as long as the
utility account has not received an alternative utility payment arrangement in the previous 12
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months; or (3) when the total late fee or penalty amount has grown to at least fifty-one percent
(51%) of the total delinquent utility service charge amount, as long as the utility account has not
received an alternative utility payment arrangement in the previous 12 months.
SECTION 4. Section 13.06.120 of the Port Orchard Municipal Code is hereby amended to
read as follows:
13.06.120 Billing — Payment — Penalty — Lien.
(1) The storm drainage service charges shall be billed bimonthly to the current property
owner by the finance director on the last day of the bimonthly billing period. It shall be
the responsibility of the property owner to notify the city upon change of ownership.
(2) The charges shall be due to the finance director, who is authorized and empowered to
collect and receipt for such payments, on the first day of the month following the receipt
of services.
(3) Charges remaining unpaid 25 days after the due date shall be considered delinquent
and shall be subject to an additional charge of five dollars as a penalty.
(4) The city of Port Orchard may disconnect water service for any customer whose bill for
storm drainage services is more than 30 days delinquent, in which case the shutoff and
reconnect fees set forth in POMC 13.04.050 apply. Termination of water service shall not
limit other remedies available to the city.
(5) Pursuant to RCW 35A.60.010, 35.21.290 and 35.67.200, the finance director is directed
to prepare and file a lien against any property where storm drainage charges remain
unpaid for four months. The recording fee to be applied to the account will be based on
the current charges as established by the county auditor when the lien is filed. Such liens
shall be effective and shall be enforced and foreclosed in the same manner as provided
for sewerage liens of cities and towns by RCW 35.67.200 et seq., except that the service
charge lien shall be effective for a total not to exceed one year's delinquent service
charges without the necessity of any writing or recording the lien with the county auditor,
as provided for in RCW 35.67.215.
SECTION S. Section 13.06.121 of the Port Orchard Municipal Code is hereby amended to
read as follows:
13.06.121 Waiver authority.
The finance director, or their designee, at their discretion, shall have the authority to
adjust or waive utility late fees, penalties, and/or disconnection charges: (1) during a local,
state or federally declared emergency; (2) in the case of errors or other similar
extenuating circumstances, as long as the utility account has not received a waiver or
adjustment in the previous 12 months; or (3) for late fees or penalties, when the total late fee
or penalty amount has grown to at least fifty-one percent (51%) of the total delinquent utility
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Ordinance No. 001-24
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service charge amount, as long as the utility account has not received a waiver or adjustment in
the previous 12 months.
The finance director, or their designee, at their discretion, shall have the authority to
make alternative utility payment arrangements: (1) during a local, state or federally
declared emergency; (2) in the case of errors or other similar extenuating circumstances,
as long as the utility account has not received an alternative utility payment arrangement
in the previous 12 months; or (3) when the total late fee or penalty amount has grown to at
least fifty-one percent (51%) of the total delinquent utility service charge amount, as long as the
utility account has not received an alternative utility payment arrangement in the previous 12
months.
SECTION 4. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity of constitutionality of any other
section, sentence, clause, or phrase of this ordinance.
SECTION 5. Corrections. Upon the approval of the city attorney, the city clerk and/or
code publisher is authorized to make any necessary technical corrections to this Ordinance,
including but not limited to the correction of scrivener's/clerical errors, references, Ordinance
numbering, section/subsection numbers, and any reference thereto.
SECTION 6. Effective Date. This ordinance shall be posted and published as required by
law and shall be effective and in full force five (5) days following publication. A summary of this
ordinance may be published in lieu of publishing the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passag b§.4ed&y of January 2024.
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Robert Putaansuu, Mayor
A d,,,igned by:
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Brandy Wallace, MMC, City Clerk
CNEDbAS TO FORM: �byy:,
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Charlotte A. Archer, City Attorney Mark Trenary, Councilmember
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PUBLISHED DATE: January 26, 2024 �90RT
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EFFECTIVE DATE: January 31, 2024 `,`�0.'4'q�,,`
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