004-20 - Ordinance - Relating to Water and Sewer; amending POMC 13.04.050 Declaring an EmergencyORDINANCE NO. OO4.2O
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REIATING TO WATER AND SEWER SERVICE; AMENDING PORT ORCHARD
MUNICIPAL CODE SECTION 13.04.050; DECLARING AN EMERGENCY;
PROVIDING FOR SEVERABIIITY; ESTABLISHING AN EFFECIIVE DATE.
WHEREAS, on March L6, 2O2O, the Mayor issued a Proclamation of Local Emergency
(the "Proclamation") arising from the global COVID-19 pandemic; and
WHEREAS, the City provides critical water and sewer services to residents of Kitsap
County, and these services are essential for public health and safety; and
WHEREAS, with the Proclamation the Mayor directed staffto suspend delinquent water
account shut-offs for the period of emergency, so as to protect public health and safety during
this pandemic; and
WHEREAS, the City Council supports the Mayor's efforts, and finds that an emergency
exists that warrants the actions taken and the amendments herein; and
WHEREAS, this Ordinance amends the provisions of the Port Orchard Municipal Code
pertaining to delinquent account disconnection of water services, in support of the Mayo/s
Proclamation; and
WHEREAS, the City Council seeks to ratify finds that this Ordinance is consistent with
the City's Comprehensive Plan, and that the amendments herein benefit the health, safety and
welfare of the residents of the City; now, therefore,
THE CtrY COUNCTL OF THE ClrY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and
incorporated as findings in support of this ordinance.
SECTION 2. POMC 13 .04.050, Amendment. Port Orchard Municipal Code Section
13.04.050 is hereby amended to read as follows:
13.04.050 Billing.
(1) The water andlor sewer charges shall be billed by the city treasurer bimonthly, on
the last day of the bimonthly period, to the property owner. The charges and rates shall be due
to the treasurer, who is authorized and empowered to collect and receipt for such payments,
on the first day of the month following the receipt of services.
Ordinance No. 004-20
Page 2 of 3
(2) 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.
(3) When a water andlor 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) lf 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 POMC 13.04.025.
(a) lt 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 ln POMC 13.04.025.
(b) ln the event of a declared state of emergency, due to a natural disaster,
weather or public health emergency, the city treasurer is authorized to suspend
disconnection of water andlor 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.
(5) ln the event of a declared local state of emergency, due to a natural disaster,
weather or public health emergency, the city treasurer is authorized to suspend disconnection
SECTION 3. Ratification. The City Council hereby ratifies and affirms any act consistent
with the authority and prior to the effective date of this Ordinance.
SECTION 4. Declaration of Emergency. Pursuant to RCW 35A.12.130 and RCW
354.13.190, this Ordinance, as a public emergency ordinance necessary for the protection of
the public health, public safety, public property, or public peace, shall take effect and be in full
force immediately upon its adoption. Pursuant to Matson v. CIa rk Countv Board of
Comm 79 Wn. App. 641, 9O4 P.2d 317 (1995), underlying facts necessary to support
this emergency declaration are included in the recitals set forth above, which are adopted by
reference.
Ordinance No. ff)4-20
Page 3 of 3
SECnOil 5. Severabilitv. lf any section, subsection, paragfaph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decisbn
shall not affect the validity of the remaining parts of this ordinance.
SECTIOI{ 6. Effective Date. This ordinance shall be in full force and effect upon
adoption. The Clerk is authorized to post and publish this ordinance, as required by law- A
summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by
State Law.
pASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 17s day of March 2O2O.
Robert Putaansuu, MaYor
ATTEST:
Bra n dy MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, Ciry AttorneY Shawn
Pt^b\ished I (\orcl^ sl. )o?a
t'f{eAV€:}6{4'. Y\nc'rrch I l, 2'a?-o
NOTICE OF CIW 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 March 17,2020.
ORDINANCE NO. OO4-20
AN ORDINANCE OF THE ClW OF PORT ORCHARD, WASHINGTON,
REIATING TO WATER AND SEWER SERVICE; AMENDING PORT ORCHARD
MUNICIPAI CODE SECTION 13.04.050; DECLARING AN EMERGENCY;
PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE.
Copies of Ordinance No. 004-20 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the fulltext of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 004-20 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, March 27 ,2020