A. 
To the extent that City funds are available and the requirements of this chapter are met, a utility customer of the City may make application to obtain reduced monthly charges for use of Milwaukie's sewer and water service. A person who qualifies for a reduction and does not pay his or her sewer and water bill directly will be given a direct refund check from the City annually.
B. 
To be eligible for a rate reduction:
1. 
The property involved must be occupied and used by the applicant as his or her principal residence during the period of the rate reduction.
2. 
No City sewer and other City assessments may be in arrears on the property (if owned by applicant or relative).
3. 
The income of the family, of which the applicant is a member, shall not exceed the income level adopted by resolution of the City Council.
4. 
"Family" means one person or two or more persons related by blood, marriage, legal adoption, or guardianship; or a group of not more than five persons, all or part of whom are not related by blood, marriage, legal adoption, or guardianship, living together as a simple housekeeping and economic unit in the dwelling occupying the property for which the reduced rate is applied for.
5. 
The applicant shall file an application to obtain reduced sewer and water rates with the City Finance Director prior to qualifying for reduced sewer and water rates.
(Ord. 1424 § 1, 1979)
Water and sewer charges shall be established at a level sufficient to cover revenue losses resulting from utility customers qualifying for a reduced rate pursuant to Milwaukie Municipal Code Section 13.20.010.
(Ord. 1424 § 2, 1979; Ord. 1930 § 1, 2004)
Annual review of user fees (sewers and water charges) shall be prepared to determine the adequacy of rates. The annual review of water rates shall be accomplished in accordance with Section 13.04.100. The annual review of water rates, as set forth in Section 13.04.100, shall be prepared to determine the adequacy of rates. Rates shall be deemed adequate if they are sufficient to provide a level of revenues which will cover operating costs, depreciation, system maintenance, debt retirement, and all other obligations of the sewer and water funds.
(Ord. 1424 § 3, 1979; Ord. 1682 § 1 (b), 1990)
The City Finance Director shall be responsible for the administration of this chapter. He or she may:
A. 
Adopt reasonable rules and regulations relating to any matter pertaining to the administration of this chapter;
B. 
Prepare and make available all necessary forms;
C. 
As frequently as appears appropriate, make such investigation, including a review of all available records relating to household income of applicants for which a rate reduction has been allowed, to ascertain that the applicant continues to meet the eligibility requirements.
(Ord. 1424 § 4(1), 1979)
The application required under Section 13.20.010 shall be in a form satisfactory to the City Attorney and shall contain a signed statement of agreement to abide by all terms of this chapter and such subsequent rules and regulations as may be adopted.
(Ord. 1424 § 4(2), 1979)
Minimum income levels, below which a utility customer qualifies for a rate reduction, shall be established by resolution of the City Council.
(Ord. 1424 § 4(3), 1979)
Reduced sewer and water rates for customers shall be terminated in the event of the occurrence of any of the following circumstances:
A. 
Minimum income levels are exceeded;
B. 
Applicant defaults in the performance of the terms and provisions of his or her contract with the City (including delinquency on sewer or other assessments);
C. 
Applicant moves from the dwelling;
D. 
Applicant (if an owner) sells, trades, or otherwise relinquishes ownership of the dwelling;
E. 
Applicant fails to comply with any rule or regulation adopted under this chapter; refuses to provide information to or hinders any investigation by the City Finance Director into the continued eligibility of the applicant for reduced rates; wilfully makes any false or misleading statement in order to obtain or retain a rate reduction; or receives benefits under this chapter with knowledge that he or she does not qualify for such benefits.
(Ord. 1424 § 5, 1979)
To the maximum extent possible under the law, the applications, records, and other information relating to rate reduction requests shall be kept confidential by the City.
(Ord. 1424 § 6, 1979)
Any person aggrieved by a decision of the City Finance Director under this chapter may appeal such decision to the City Council by serving, within 10 days after receipt of the decision of the City Finance Director, a written notice of appeal specifying the grounds for objection to the decision. The City Council shall consider the matter and may sustain, modify, or reverse the decision of the City Finance Director.
(Ord. 1424 § 7, 1979)
A. 
A violation of this chapter shall be punishable by a fine not to exceed $200.
B. 
Each violation of a separate provision of this chapter shall constitute a separate offense and each day that a violation of this chapter is committed or permitted to continue shall constitute a separate offense.
C. 
The conviction of any person for violation of this chapter shall not act to relieve such person from the requirement to pay the full regular sewer and water rates for the entire period he or she was unqualified for reduced rates. The penalties imposed by this section are in addition to and not in lieu of any remedies available to the City under other sections of this chapter.
(Ord. 1424 § 8, 1979)