007-13 - Ordinance - Amending Section 13.06.120 Billing Payment; Penalty; LienIntroduced by: City Treasurer
Requested by: City Treasurer
Reviewed by: City Attorney
Introduced: March 26, 2013
Adopted: March 26, 2013
ORDINANCE NO. 00 7-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 13.o6.12o TO
ALLOW FOR THE RECOVERY OF THE COST OF RECORDING FEES FOR
STORM DRAINAGE LIENS
WHEREAS, Port Orchard Municipal Code section 13.o6.12o authorizes the Cityto prepare
and record a lien against any properly where storm drainage charges remain unpaid for four months;
and
WHEREAS, the cost charged by the Kitsap County Auditor to record documents is $72.00
per page; and
WHEREAS, the City Council finds that it is in the best interest of the City to charge
delinquent storm drainage accounts the full cost of recording; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
ORDAIN AS FOLLOWS:
SECTION i. Port OrchardMunicipal Code section 13.o6.120 is hereby amended to read as
follows:
13.o6.12o Billing; payment; penalty; lien.
(1) The storm drainage service charges shall be billed bimonthly
to the current property owner by the City Treasurer 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 City 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.
(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
3o days delinquent, in which case the shutoff and reconnect fees set
forth in POMC 13.04.05o apply. Termination of water service shall
not limit other remedies available to the City.
(5) Pursuant to RCW 35.21.2go and 35.67.200, the City Treasurer
is directed to prepare and file a lien against any property where storm
Ordinance No.007-13
Page 2 of 2
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
35.67.2oo 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 2. 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 3. This ordinance shall be in full force and effect five (5) days after posting and
publication 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 26th day of March 2013.
ATTEST:
Brandy Rine arson, CMC, City Clerk
APPROVED AS TO FORM:
"Ia� 6,'�
Gregory A. J co y, Cit1torney
Timothy C. Ma hes, Mayor
Sponsored by:
-� C
Cindy L car lli, Councilmember
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 March 26, 2013.
ORDINANCE NO. 007-13
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 13.o6.12o TO
ALLOW FOR THE RECOVERY OF THE COST OF RECORDING FEES FOR
STORM DRAINAGE LIENS
Copies of Ordinance No. 007-13 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. 007-13 will be
provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Publish: Port Orchard Independent
April 5, 2013