10.30.140 Billing Procedures and Penalties for Late or Non-Payment.
The fees and charges as herein provided for shall be computed and billed on a monthly basis, except that, with concurrence of the City, said fees and charges for parcel owners required to obtain coverage under a separate NPDES Municipal Stormwater Permit, may be computed and billed on an annual basis with said fees and charges due on July 1 of each year. All parcels which are currently served by any City utility services and are within the City shall be assessed their monthly fees and charges each month through their utility account. Parcels not being served by any City utility service (i.e. no water meter) will have new accounts created for stormwater service as needed. If one piece of property is served by more than one account, only one account will be charged stormwater rates for each piece of property, on a case-by-case basis. Any piece of property or parcel in use for any commercial, business, or other purpose with space that meets the definition of impervious surface shall be charged stormwater rates, regardless of use of other City utility services. The charges shall be due on or before the date of billing and shall become delinquent thereafter if not paid by the thirtieth day following the date of billing.
Collection of delinquencies, interest, penalty, and costs of collection for delinquent utility service charges provided for herein shall be charged interest on the delinquent balance at the rate of eight percent (8%) per annum, computed on a monthly basis. The Finance Director may excuse delinquencies of less than thirty (30) days.
For parcels without City water service, if payment has not been made before delinquency, as set forth above in this Section, the City may submit the delinquent amount to a collection agency per the City’s standard collection procedures as determined by the Finance Director and at the Finance Director’s discretion.
For parcels with City water service, if payment has not been made before delinquency, as set forth above in this Section, the city shall take the following steps to notify the user and if necessary terminate stormwater service by shutting off water service to any delinquent user:
(1) On or about the tenth day following the date of delinquency, the finance department shall give notice reasonably calculated under all the circumstances to apprise the user that:
(a) the user is delinquent in payments;
(b) water service will be shut off if the user is still delinquent in payment of stormwater charges thirty days after the date of delinquency;
(c) the user has the right to protest the billing and appeal the amount due to the Finance Director;
(d) if the user does not request a hearing with the Finance Director, or his/her designee, within thirty days following the date of delinquency and does not pay the delinquent amount or amounts due in full within this same period or any extensions thereof resulting pursuant to the provisions of 10.30.140(3), the stormwater service will be terminated by shutting off water service to that user.
(2) If the user requests a hearing on the amount due, a hearing must be held, and the user given an opportunity to be heard. The Finance Director must thereafter determine the amount due and owing and inform the user.
(3) The user shall be given ten (10) days to pay the amount determined by the Finance Director to be owing. If the amount owing has not been paid within ten days, stormwater service may be shut off by shutting off water service.
(4) Water service shall be restored if full payment of all amounts owing plus a turn-on charge as authorized in the City Water Utility Code, Section 10A.35.040(1) is made.
(5) If water service is to be cut off from a known rental unit where the tenant is not the person or entity responsible for paying for stormwater use or stormwater charges as shown on the records of the city finance department then, prior to termination of service for nonpayment and after the city has satisfied the procedures of this Section 10.30.140, the city shall place upon the premises at least five days prior to the scheduled cutoff of service such notice as is reasonably calculated to inform the tenant or tenants of the proposed cutoff of service.
(6) The city of Pullman or any of its officers or employees shall not be liable for any damages that may occur because of water service being cut off pursuant to the provisions of this Chapter.
(7) “Notice reasonably calculated under all the circumstances to apprise the user,” as used in Pullman City Code Section 10.30.140(1), includes at the minimum, written notice to the user and the owner, if the owner is not the user, and the owner has so informed the city finance department. In addition, the city shall place upon the premises at least five days prior to the scheduled cutoff of service, notice which informs the user of the proposed cutoff of service, and the opportunity to protest the proposed cutoff in a meaningful manner.
(8) If termination of water service proves ineffective at securing the delinquent amount, then the City may pursue collection procedures in a manner consistent with delinquent parcels with no water service. (Ord. 09-2 §15, 2009).