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051-17 - Ordinance - Amending POMC 13.04 Water and SewersORDINANCE NO. 051-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 13.04 ("WATER AND SEWERS") OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, on July 21, 2017, the classification of the City of Port Orchard changed to that of Non-Charter Code City; and WHEREAS, the reclassification of the city necessitated certain revisions to the Port Orchard Municipal Code ("POMC"); and WHEREAS, the City Council has determined that it is in the best interests of the city to amend certain provisions of Chapter 13.04 POMC to adopt the necessary revisions to that section of the POMC that resulted from the reclassification; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code Section 13.04.060 ("Liens") is hereby amended to read as follows: 13.04.060 Liens. The finance director is directed to prepare and file a lien against any property where water and/or sewer charges or water and/or sewer connection fees remain unpaid for four months as provided in RCW 35A.60.010i 35.21.290 and 35.67.200. The 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. The remedy provided in this section shall be in addition to any other remedy now and hereafter provided by law. All charges, together with penalties and interest which may be provided by this chapter, shall be a lien upon the property to which such service is furnished. Water and/or sewer charges or sewer connection liens shall be superior to all other liens and encumbrances whatsoever, except those for general taxes and local and special assessments. The liens shall be enforced by the city in the manner provided by law. The additional and concurrent method of enforcing the lien of the city for the delinquent and unpaid charges by turning off the water and/or sewer service from the premises shall not be exercised after two years from the date of recording the lien notice, as provided by law. One exception to this is to enforce payment of six'months' charges for which no lien notice is required by law to be recorded. (Ord. 027-11 § 7; Ord. 1897 § 8, 2003; Ord. 1896 § 2, 2003; Ord. 1799 § 8, 2000). Ordinance No. 051-17 Page 2 of 2 SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 14th day of November 2017. Robert Putaansuu, Mayor ATTEST:SPONSOR: /1?1*4-'.4 Bek Ashby, Councilmemb|rBrandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: | : SEAL : | Sharon Cates, City Attorney November 24, 2017 November 29, 2017 PUBLISHED: EFFECTIVE DATE: NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held November 14, 2017. ORDINANCE NO. 051-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 13.04 (“WATER AND SEWERS”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 051-17 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 051-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, November 24, 2017