A.
The
city utilities will carry out the city council's goals, objectives,
and policies through a service delivery system financed through the
operating and capital budgets. The relationship between the operating
and capital budgets will be explicitly recognized and incorporated
into the budget process in a manner consistent with sound accounting
and management practices. Funding for these budgets shall be sufficient
to provide municipal operating services and maintenance or enhancement
of fixed assets needed to support public demand for city utilities.
The city will establish all user charges fees at a level related to
the full costs (operating, direct, indirect and capital) of providing
the service. The city will review fees/charges at least every two
years. As the need arises the city council may adjust the rates by
resolution. The city will maintain adequate records to document compliance
with the user charge requirements, including records of the biennial
review, and such records will be available to the users.
B.
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. The city manager
shall establish a fund or account within the city budget for each
of the 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
of the respective utility.
(Ord. 20-17 § 1)
A.
Application
for utility connections shall be made either in conjunction with a
building permit application or for an existing structure. Application
shall be made to the city upon forms provided by the city. The applicant
agrees to conform to the rules and regulations of the city of Cannon
Beach concerning use of the utility as a condition of such use.
B.
The city manager shall require a deposit in the sum of not less than an amount equal to an estimated three months utility bill except as provided in subsection C of this section. A refund of the utility service deposit shall occur when a customer shows a satisfactory credit performance for one year.
A refund of the deposit shall occur upon the customer requesting
discontinuance of service provided that all outstanding bills are
paid in full. The deposit may be applied to the final bill. If an
account is shut off for nonpayment, the deposit shall be held as security
until the outstanding balance is paid. The deposit will only be applied
to the outstanding balance when the account is closed and no further
utility service is required by the customer. The remaining balance
of the deposit used to pay outstanding bills will be refunded to the
customer. The city manager may allow the deposit to be paid in installments
in order to avoid undue hardship, provided the period does not exceed
three months and there are no violations within the grace period.
C.
The
city manager may waive the deposit requirement of existing utility
users that can demonstrate a satisfactory payment record.
D.
The
city manager may waive the deposit requirement of applicants upon
receipt of a signed automatic payment agreement.
(Ord. 20-17 § 1)
A.
All
expenses for connections to the utility shall be borne solely by the
property owner and shall not be part of the systems development charge.
The connection fee shall be the actual cost to the city for material
and labor to connect the customer to the utility. The city may require
as an additional expense for connection, reimbursement fees for the
installation of utility lines which benefit the affected property.
B.
A deposit
for connections to the utility shall be as follows:
|
Size of Service
|
Material and Labor
|
|---|---|
|
5/8″ - 3/4″
|
$ 750.00
|
|
1″
|
$ 850.00
|
|
1″ - 1-1/2″
|
$ 950.00
|
|
2″
|
$ 1,150.00
|
|
Fireline
|
$ 500.00
|
If a service larger than two inches is required, the
cost will be negotiated. The deposit charges shall be paid in cash
at the time of application for connection.
C.
Actual
cost to the city for material and labor to connect the customer to
the utility in excess of the deposit are due within thirty days of
billing following completion of connection to the utility. In the
event that such sum has not been paid, access to the utility will
be revoked by removal of the meter or capping off of the utility.
Access to the utility will not be allowed until the customer has paid
the connection fee and costs associated with disconnection.
(Ord. 20-17 § 1)
A.
Except
as otherwise provided by this chapter, a utility user charge shall
be applied to all persons who use property in a manner which requires
city utility facilities or services. If a customer does not put property
to a use that requires one or more of the component utility facilities
or services, the customer shall not be charged for such component
utility service. Request for water service will automatically initiate
appropriate billing for storm drainage services as established in
this chapter. If development of a parcel does not require initiating
water service, the creation of an impervious surface from which stormwater
may be discharged into public drainage facilities shall initiate the
obligation to pay the fees and charges established in this chapter.
B.
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:
1.
Water
service charges shall include a fixed monthly charge (base rate) and
a consumption charge (unit rate). All water customers - single-family
residential, multi-family residential, commercial and mixed-use properties
- will be billed based on their meter size (base rate) and their consumption
(unit rate).
a.
Base Rate. The base rate charged to all customers is a function of
the meter size. The base rate for a three-quarter inch meter and a
scaling factor based on the meter size will determine the base rate
for each meter size. The three-quarter inch meter base rate is multiplied
by the scaling factor to obtain the base rate for each meter size.
The base rates are defined by resolution.
I.
The base rate for special function meters is assessed based on function
and is assigned an individual scaling factor.
II.
The base rate includes a consumption allowance of 400 cubic feet
for all meter sizes.
III.
|
Scaling Factors Table
| |
|---|---|
|
Meter Size
|
Scaling Factor
|
|
¾″
|
1
|
|
1″
|
2.5
|
|
1.5″
|
5
|
|
2″
|
8
|
|
3″
|
16
|
|
4″
|
25
|
|
6″
|
50
|
|
Irrigation Line
|
2
|
b.
Unit Rate. The unit rate is charged for each one hundred cubic feet
consumed above the allowance established in Section 13.18.040(B)(1)(a)(II)
and applies to each meter. The unit rate is defined by resolution.
2.
Sewer
service charges shall include a fixed monthly charge (base rate) and
a consumption charge (unit rate). All water customers - single-family
residential, multi-family residential, commercial and mixed-use properties
- will be billed based on their water meter size (base rate) and water
consumption (unit rate).Irrigation and Fire Line customers are not
billed for sewer service.
a.
Base Rate. The base rate charged to all customers is a function of
the meter size. The base rate for a three-quarter inch meter and a
scaling factor based on the meter size will determine the base rate
for each meter size. The three-quarter inch meter base rate is multiplied
by the scaling factor to obtain the base rate for each meter size.
The base rates are defined by resolution.
b.
Unit Rate. The unit rate is charged for each one hundred cubic feet
consumed above the allowance established in Section 13.18.040(B)(2)(a)(I)
and applies to each meter. The unit rate is defined by resolution.
3.
It
is presumed that storm drainage services are used whenever there is
an improved premise. Unless another person responsible has agreed
in writing to pay and a copy of that writing is filed with the city,
the person(s) paying the city's water utility charges shall pay the
storm drainage fees set by council resolution. If there is no water
service to the property or if water service is discontinued, the storm
drainage fees shall be paid by the person(s) having the right to occupy
the property. The monthly stormwater drainage fee shall be calculated
as follows:
a.
For a single-family dwelling or duplex, the charge for one single-family
unit (SFU); and
b.
For multiple-family units, the number of dwelling units multiplied
by the charge for a single-family unit (SFU); and
c.
For all other uses, the lot area divided by three thousand one hundred
twenty-five square feet with the resultant quotient multiplied by
the charge for a single-family unit (SFU). (Example: an owner of a
five thousand square foot lot will pay a fee of 1.6 times the charge
for an SFU.)
d.
In the alternative, upon an application which includes verifiable
site information, the city manager may approve a fee based on the
lot's actual impervious surface. Under this methodology, the fee shall
be determined as follows: For a lot with an impervious surface area
of three thousand one hundred twenty-five square feet or less, the
charge will be that of one single-family unit (SFU). For a lot with
an impervious surface area of more than three thousand one hundred
twenty-five square feet, the charge will be determined by dividing
the impervious surface area by three thousand one hundred twenty-five
with the resultant quotient multiplied by the charge for one single-family
unit (SFU). (Example: an owner of a lot with seven thousand square
feet of impervious surface area will pay a fee of 2.24 times the charge
for an SFU.)
(Ord. 20-17 § 1)
A.
Billing
Cycle. Utility charges will be billed to users every month or as water
meters are read. Utility bills will be delivered on or after the first
of each month. Such utility bills shall state the amounts and types
of charges included in the bill and shall state the due date for the
utility charges.
B.
Reminder
Notice. For those utility charges not paid by the due date, a reminder
notice will be sent to the customer. The notice shall state the amount
past due and the date by which such charges must be paid to avoid
shut-off procedures. The reminder notice shall be placed in the United
States mail during the next billing cycle.
C.
Shut-Off
Notice. For those utility charges not paid by the due date stated
on the reminder notice, a shut-off notice shall be emailed to the
owner of the dwelling or place of business at least forty-eight hours
prior to the scheduled actual shut-off. The city shall maintain a
record of all shut-off notices indicating the time, and email address
the notice was sent to and by whom. The shut-off notice shall state
the amounts past due and the date and time such charges must be paid
to avoid actual shut-off of services.
D.
Shut-Off
Procedure. All accounts determined to be unpaid at least forty-eight
hours after a shut-off notice has been emailed shall be listed. The
forty-eight hours shall be counted on business days only and shall
not include holidays or weekends. On the day scheduled for shut-off,
daily payments will be reviewed to determine if any applicable payments
have been received. Service orders shall be prepared for accounts
on the list and will then be delivered to the appropriate crew members
that will then shut off and lock those meters on the service order.
E.
Water
Shut-off Notice Charge for Nonpayment. A charge of fifty dollars will
be added to each account that is emailed a shut-off notice. The charge
covers all costs associated with the delinquent collection process.
F.
Meter
Disconnection Charge. A charge of one hundred fifty dollars shall
be added to each account in which a meter is turned off and locked
for nonpayment. The charge shall apply even if actual shut-off is
not performed due to the payment of the past due balance made in the
office just prior to shut-off. Water service will be reconnected the
same day as disconnection if the outstanding bill, shut-off notice
charge, and meter disconnection charge are paid in full by five p.m.
If payment is not made prior to five p.m. the customer's water will
not be reconnected until eight a.m. the next regular business day.
No water will be reconnected after normal operating hours or on weekends/holidays.
If the customer or other party cuts the lock and turns the meter
back on without prior approval of the city, the meter will be removed
from the ground and the water service capped off. Water service shall
not be reconnected until the customer has paid the past due utility
charges, water shut-off notice charge, and the meter disconnection
charge.
G.
In
the event that a utility customer fails to pay the utility charge
in full, credit shall be given on a prorated basis among water, wastewater,
and storm drain utilities.
(Ord. 20-17 § 1; Ord. 23-03 § 1)
A.
The
city manager may require a deposit not to exceed an estimated sixty-days
bill for those accounts:
1.
Which
appear on the shut-off list two or more times within a twelve-month
period; or
2.
For
which payment for services is made by a check which is not paid upon
first presentation, twice within a twelve-month period; or
3.
For
which payment is made by check when the account has appeared on the
shut-off list and the nonpaid check is tendered to avoid shut-off.
B.
Deposits
held for cause due to subsections (A)(1) through (3) of this section
shall be returned to the customer when credit is established to the
satisfaction of the city or at the termination of the service contract,
less any sum which may be due for unpaid utility bills or other fees.
(Ord. 04-3 § 6)
A.
Errors
in billing or collection shall be corrected in a timely manner by
the city. Resulting credits on accounts or refunds shall be made as
expeditiously as possible. Disputed billings or other collection transactions
shall be heard by the public works committee. Any appeals concerning
utility rates or services, or interpretation or enforcement of this
chapter are to be heard by the public works committee. Any applicant
aggrieved by the public works committee's decision may appeal to the
city council by filing with the city a written request for review
no later than ten days after receiving the public works committee's
decision. The city council's decision shall be final.
B.
The
city may enter into a payment agreement with a customer to facilitate
the payment of delinquent utility charges. Such agreements shall not
exceed the term of one year, current charges must be paid when due,
and the agreement must be signed by both parties and must be a legally
binding agreement. Breach of such an agreement by the customer shall
result in further collection efforts.
(Ord. 20-17 § 1)
A.
Customers
will keep all pipes and fixtures of the customer line in repair at
their own expense and will be held liable for any leakage and all
damages which may result from their failure to do so. When leaks are
detected the customer will be notified and, if necessary repairs are
not made in a reasonable time, the water may be shut off and not turned
on again until the repairs are made.
B.
Agents
of the city are authorized to turn off water service and lock such
service at the meter of unattended premises upon the discovery of
water leaks from broken or defective pipes or fixtures. Water service
shall not be turned back on until the property owner has installed
a master water shut-off valve as close to the meter as practical.
(Ord. 20-17 § 1)
A.
Returned
Check Charge. A charge of fifteen dollars will be added to accounts
for any checks returned from the bank unpaid for any reason.
B.
Replacement
of Water Meters and Services. Once installed, any costs associated
with the repair or replacement of damaged or missing meters and services
will be charged to the owner of the property. Such costs may include,
but are not limited to, gaskets, meter boxes, lid inserts, meters,
pressure regulator valves, related labor, equipment, vehicles, and
materials. This does not include replacement of meters that are operating
outside of tolerances.
C.
Interest
shall be charged for any city utility fee or charge which becomes
delinquent. The interest rate shall be one percent per month. This
interest charge shall be billed on each regular billing as the charges
become applicable.
D.
For
customers outside the city limits the utility rates shall be one and
one-half times the rate established by council resolution.
E.
Rates
that may be needed for high-strength commercial users, industrial
users or heavy users will be set by negotiation and will be in conformance
with federal guidelines, and must cover their operation and maintenance
costs.
F.
A business
premises in connection with the residential premises of the proprietor
may be charged as separate premises. Any premises may be reclassified
and rates adjusted to conform to the rate schedule at any time a change
is made in consumption justifying such reclassification.
G.
Upon
request and payment of a turn-off fee in the sum of ten dollars by
the customer, the city shall turn off the water at the meter. Upon
request and payment of a turn-on fee in the sum of ten dollars by
the customer, the city will turn on the water at the meter.
H.
The
city will, upon written request, test any customer's meter without
cost to such customer unless such tests are requested more often than
once every twelve months. If request for testing of meters is made
by the customer more often than once every twelve months, the city
may charge the customer for the cost of making such test.
I.
A structure
that combines residential and commercial uses serviced by the same
meter will be classified as a commercial property.
J.
A multi-unit
property that that can offer residential units as transient rentals
without obtaining a short-term rental license will be classified as
a commercial property.
K.
Irrigation
accounts will not be charged for sewer service. The scaling factor
for irrigation accounts will be defined based on function and not
meter size. The base rate for irrigation accounts will be charged
for each month; the service cannot be turned off for a portion of
the year. The unit rate charge is applied for all use over the consumption
allowance.
L.
The
city owned water fountain in front of the Cannon Beach Library is
serviced by the library's water meter. Therefore, the library is charged
a base rate only and not for consumption above the allowance.
(Ord. 20-17 § 1)
Billing statements for single-family residential shall only
be made in the name of the property owner. Billing statements for
multifamily residential shall be made in the name of the property
owner, or pursuant to property owners written agreement with the city,
to a management company or homeowners association. Billings made to
persons other than the property owner shall not relieve the owner
of the property from liability for payment of utility rates and charges,
including, but not limited to, monthly charges, use charges, delinquency
charges, lien fees, and court fees and shall not in any way affect
the lien rights of the city against the property to which the services
are furnished.
(Ord. 20-17 § 1)
The user charge system set forth in this chapter shall take
precedence over any terms or conditions of agreements or contracts,
which are inconsistent with the requirements of this chapter. In cases
of conflict between any provision of any rate schedule and the general
rules and regulations, the rate schedule shall apply.
(Ord. 20-17 § 1)
In addition to other lawful remedies, the city manager may enforce
the collection of charges required by this chapter by withholding
delivery of water to any premises where the utility charges are delinquent
or unpaid.
(Ord. 20-17 § 1)
