CITY OF AIRWAY HEIGHTS SPOKANE COUNTY, WASHINGTON ORDINANCE C-878 ...

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CITY OF AIRWAY HEIGHTS SPOKANE COUNTY, WASHINGTON ORDINANCE C-878 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AIRWAY HEIGHTS, WASHINGTON AMENDING CERTAIN SECTIONS OF CHAPTER 13.04 WATER SYSTEM AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the Finance Department is continually looking for ways to improve efficiency; and WHEREAS, with the continual growth of the City more and more tenants are cycling through the City each month; and WHEREAS, the City has the authority to enforce rates and charges for water supplied against property owners under RCW 57.08.081; and WHEREAS, other cities in Washington are also using RCW 57.08.081 to change their own account process so that only the owners receive utility bills; and WHEREAS, having accounts solely under the property owner’s name would alleviate the need to collect utility deposits; and NOW THEREFORE, THE City of Airway Heights City Council ordains as follows: Section 1. repealed.

Amendment. 13.04.020 of the Airway Heights Municipal Code is hereby

Section 2. repealed.

Amendment. 13.04.030 of the Airway Heights Municipal Code is hereby

Section 3. repealed.

Amendment. 13.04.032 of the Airway Heights Municipal Code is hereby

Section 4. repealed.

Amendment. 13.04.040 of the Airway Heights Municipal Code is hereby

Section 5. repealed.

Amendment. 13.04.050 of the Airway Heights Municipal Code is hereby

Section 6. repealed.

Amendment. 13.04.060 of the Airway Heights Municipal Code is hereby

Section 7. repealed.

Amendment. 13.06.1532 of the Airway Heights Municipal Code is hereby

Section 8. repealed.

Amendment. 13.06.1533 of the Airway Heights Municipal Code is hereby

Section 9. repealed.

Amendment. 13.06.1538 of the Airway Heights Municipal Code is hereby

Section 10. New Chapter. There is hereby added to the Airway Heights Municipal Code a new Chapter 13.02 as follows: Chapter 13.02 UTILITY SERVICE

13.02.010 Application for service – Requirements generally. A. All applications for service installations and for water service shall be made at the Office of the Clerk-Treasurer on printed forms furnished by the City and shall contain the name of the owner of the property, the name of the occupant, post office address, a description of the property, lot, block and addition, name of the street upon which the property fronts, the official street number assigned to the premises as shown by the record in the Office of the ClerkTreasurer, and a current copy of the paperwork establishing an account with Avista, Inland Light and Power or Qwest. The application must state fully all the purposes for which water may be required, and include the signature of the applicant agreeing to conform to the rules and regulations of the Water Department as established by the City for the use of water. B. All applications for service installations shall be made by the owner of the property to be served, or by his duly authorized agent, and shall state the size of the service connection required, and the applicant shall at the time of making application pay to the City the amount of the fee required for making the installation of the service connection and a refundable deposit as specified in the latest adopted water fee resolution to secure the payment of charges for water service as provided in this chapter. C. Where service connections are installed, application for water service may be made either by the owner, or his duly authorized agent.

13.02.020 Application for service – Fee – Responsibility. A. Prior to receiving service, all applicants for new water and sewer service shall pay a connection fee as set by resolution of the City Council. Prior to receiving a certificate of occupancy, all water and sewer service accounts shall pay a tap fee.

B. All water and sewer service charges shall be enforceable through a lien against the property served even though water and sewer services may be contracted through an agent. The property owner shall remain liable for all water and sewer service charges; provided, that the property owner’s liability will be limited by the terms and conditions under which a lien may be filed against the real property unless the property owner has contracted for the water and sewer service and/or authorized a broader lien. C. All applicants and their successors upon receipt of utility services shall be deemed to have agreed to comply with all the rules and regulations of the water utility and the provisions of this chapter, Chapters 13.04, and 13.06 AMC, to pay the cost of making the connection and supplying and installing the meter, and to pay for all water used on the premises, at the rate and upon the terms established by the City.

13.02.030 Liability for account transfer to another account. A. In addition to the person or address billed for water and sewer services as shown in the City’s records, the City may require the owner or other responsible party under the authority of this chapter, to be responsible for payment for any water and sewer services, jointly or severally. With respect to premises served or involved in an enforcement action, such persons include the respective premises’ owner who establishes utility service with the City in accord with this chapter. B. To obtain from any person determined responsible by the Clerk-Treasurer, the City reserves the right to transfer a payment obligation from one customer or account to another, or hold charges for payment on one or more accounts, jointly and severally, until full payment is received. C. Where a party originally responsible for an unpaid utility bill at one address moves to a new address served by the City, the water and sewer service bills may be transferred to the new address and enforced as a charge to that account, provided the consent of the responsible party and the property owner is received. This option does not waive the City’s right to require payment as a condition of restoring or continuing services to the original address, but any amounts thereafter collected from the originally responsible party shall be restored to any other party paying such delinquency balance at the original address, less an administration fee determined by City Council resolution.

13.02.040 Application for service – Additional. Should the applicant desire an additional service fixture or to apply the water for purposes other than those stated in his application, a new application must be made and a permit obtained from the City.

13.02.050 Temporary service requirements. Contractors and others who temporarily desire to use City water may do so at the regular meter rates by first making application to the City in the regular manner for the installation of a meter. New accounts setup for the purpose of renting meters or using the water fill stations, will require a deposit as set forth in the most recent adopted water system fee resolution. On removal of the service, the user will be given a credit for material salvaged and on payment of all charges for water, said credit, together with the deposit to secure payment for water, will be refunded. Section 11. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this ordinance. Section 12. Effective Date. This ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. INTRODUCED the 11th day of June, 2016. PASSED by the City Council of the City of Airway Heights this , 2016.

day of

ATTEST:

Amy Gravelle, Clerk Treasurer

APPROVED AS TO FORM:

Stanley M. Schwartz, City Attorney

Kevin Richey, Mayor