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:
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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