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052-17 - Ordinance - Amending Chapter 13.06 Storm Drainage UtilityORDINANCE NO. 052-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 13.06 ("STORM DRAINAGE UTILITY") 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 13.06 POMC to adopt the necessary revisions to that section of the POMC that resulted from the reclassification; now, therefore, ■ i THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN ■j AS FOLLOWS: The Port Orchard Municipal Code Section 13.06.120 ("Billing - Payment - Penalty - Lien") is hereby amended to read as follows: SECTION 1. 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 10 percent of the unpaid balance 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.60.010i 35.21.290 and 35.67.200, the finance director is directed to prepare and file a lien against any property where storm drainage Ordinance No. 052-17 Page 2 of 2 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. (Ord. 007-13 § 1; Ord. 037-08 § 7). 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: / k Brandy Rmearson, CMC, City Clerk Bek Ashby, Councilmemlfer 4®% %■?% I •: seal :• IZ • • c APPROVED AS TO FORM: (s.hafon Cates, City Attorney PUBLISHED: EFFECTIVE DATE: November 24, 2017 November 29, 2017 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. 052-17 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CERTAIN PROVISIONS OF CHAPTER 13.06 (“STORM DRAINAGE UTILITY”) OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Copies of Ordinance No. 052-17 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. 052-17 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, November 24, 2017