[Ord. No. 2057, 6-29-1992; Ord. No. 2373, Amended, 12-4-2003; Ord. No. 2695, Amended, 2-16-2016]
1.
Except as otherwise provided by this chapter,
a utility user charge shall be applied to all persons who use property
in manner which requires City utility facilities or services. The
City utility user charge shall consist of the following three component
charges: The water utility user charge, the sewer utility user charge,
and the surface water management utility user charge. If a customer
does not put property to a use which requires one or more of the component
utility facilities or services, the customer shall not be charged
for such component utility service.
2.
The utility user charge shall be established
by resolution of the City Council in an amount reasonable and necessary
to fund the administration, planning, design, construction, water
quality programming, operation, maintenance and repair of the City’s
utility systems. The component utility charges shall be based on use
of the component utility service, determined as follows:
a.
The water utility user charge shall
be based on the amount of water used by the customer as indicated
by a water meter and/or the cost of providing water service to a structure.
b.
The sewer utility user charge shall
be based a customer’s average water use during three applicable
winter billing cycles. The rationale for this method of calculating
sewer use is that water is used primarily for in house purposes in
the winter and is thus discharged in an equivalent amount into the
City’s sanitary sewer system. If no average water charge is
available for a particular account, the sewer utility user charge
shall be based upon an estimated equivalent until such time as average
water use can be determined. If actual average water use is lower
the estimated equivalent, then the customer shall be entitled to a
refund of the amount charged in excess of actual average water use.
c.
The surface water management utility
user charge shall be based upon the amount of impervious surface used
by a customer. Owners or occupants of undeveloped property shall not
be charged. Each customer using a location for single-family residential
shall be charged a uniform rate based upon containing one equivalent
service unit (ESU). The charge for all other parcels shall be based
upon the total amount of measured impervious surface used divided
by one ESU and rounded to the nearest whole number. The actual service
charge shall be computed by multiplying the amount of ESUs measured
for each use by the rate established for each ESU.
3.
The City utility user charge shall be reviewed
by the City Council in December of each year. The City Council may
raise, lower or maintain the utility user charge in whole or in part.
If the City Council decides to raise any part of the utility user
charge, it shall hold a public hearing on the resolution prior to
its adoption. At least one week prior to the hearing, the City Recorder
shall publish notice of such hearing in a newspaper of general circulation
in the City, and shall post notice of such hearing at City Hall and
in two other public places. Nothing in this section shall prohibit
the City Council from reviewing or amending the utility user charge
at such other times as the Council deems appropriate.
[Ord. No. 2057, 6-29-1992]
1.
Application to use the City utility system
shall be made to the City Finance Department. The application shall
be made in such form as may be required by the Finance Department.
The Finance Department may require such application to be in writing,
or may allow application by telephone or other method.
2.
All customers receiving sewer, water and/or surface water management utility bills pursuant to LOC Article 38.06 shall continue to be customers for service pursuant to this ordinance.
3.
All persons receiving utility service but
for whom no account exists to pay for such services shall be deemed
to be applicants for such service and shall be billed for such service.
[Ord. No. 2057, 6-29-1992; Ord. No. 2373, Amended, 12-4-2003; Ord. No. 2566, Amended, 3-17-2011; Ord. No. 2697, Amended, 12-1-2015]
1.
All utility user charges shall be billed
to the customer at the address provided as part of the application
for service. The billing cycle shall be established by the City Council
as part of the utility user charge resolution.
2.
The utility user charge shall be due and
payable on the date specified on the bill, and shall be delinquent
thereafter. A late charge shall be imposed on delinquent utility user
charges in addition to the amount billed.
3.
In the event that a utility customer fails to pay the utility user charge in full, credit shall be given first to the street maintenance fee as provided in LOC § 37.04.010, second to the storm surface management utility user charge, third to the sewer services utility user charge, and last to the water services utility user charge.
4.
In the event that any utility account shall
become delinquent, the City Finance Director may direct that water
service to the customer be terminated and discontinued until all delinquent
street maintenance fees and all delinquent user charges for the use
of surface water management service, sanitary sewer service or water
service shall have been paid in full. The provisions for collection
herein shall be in addition to any other rights or remedies that the
City may have under the laws of the State of Oregon.
5.
If a billing error occurs, the City Finance Director may adjust the account to correct the overbilling or underbilling for the period of the error, not to exceed three years immediately preceding the date the error is identified. Adjustments may be in the form of credits, refunds, or additional charges. Notwithstanding the foregoing, adjustments of accounts because of faulty water meters shall be governed by the provisions of LOC § 38.10.117.
[Ord. No. 2057, 6-29-1992; Ord. No. 2890, Amended, 3-17-2022]
1.
If the owner of property served by City
utility facilities is not the customer, the property owner shall not
be responsible for any delinquent utility charges which the customer
fails to pay. If water service is terminated because of failure by
such customer to pay their utility bill, and the customer vacates
the premises leaving an outstanding bill, service shall be restored
at the request of the property owner or new tenant without requiring
the property owner or new tenant to pay the outstanding bill.
2.
A customer who is a tenant shall continue
to be responsible for delinquent utility charges until paid regardless
of relocation to a premise different from the premise at which the
delinquent charges were accrued. The City may refuse to provide service
to such tenant at any new address, may add the delinquent charge to
the tenant’s utility bill, and/or may terminate water service
until the delinquent bill is paid. The City may also pursue any action
available under the laws of the City or State of Oregon to recover
payment.
[Ord. No. 2057, 6-29-1992; Ord. No. 2373, Amended, 12-4-2003]
The City Finance Director shall establish a fund or account within the City budget for each of the three component utility charges. Moneys received as a result of the City Utility User Charge shall be allocated to the respective funds or accounts in the amounts established in the Utility Charge Resolution of the City Council. Except as otherwise provided or allowed by State law, the utility funds or accounts shall be used solely for the purposes outlined in LOC § 38.06.020 (2). Notwithstanding the foregoing, moneys received as a result of street maintenance fee charges shall be used as provided in LOC § 37.02.020.
