All rates and charges for water, sewer and stormwater services shall be paid on or before the twentieth (20th) day of each month following the billing period in which such service was furnished. Any bill that remains unpaid after the twenty-fifth (25th) of the month shall be classified as delinquent.
Failure to receive mail will not be recognized as a valid excuse for failure to pay bills when due. Change in ownership of property and change in mailing address must be filed with City Hall on forms provided by the city for that purpose.
In the event that any person, firm or corporation shall tender as payment for water, sewer or stormwater services an amount insufficient to pay in full any of the charges so billed, credit shall be applied in the following priority: (A) fees and penalties, (B) sewer, (C) stormwater and (D) water.
(Ord. 733 (part), 2008; Ord. 759 (part), 2009; Ord. 760 (part), 2009; Ord. 799 § 1 (part), 2012)
A. 
When a utility account becomes delinquent, the city shall assess a fifteen dollar ($15.00) late charge, and a delinquent/termination notice will be sent to the customer, and to the owner if different from the customer, stating the delinquent balance, the late charge, the date the water will be shut off, the administrative/termination fee and the procedure to dispute a bill. The water shut-off date will be two (2) months from the date of the original bill. If the bill is not paid by that time, the water will be turned off, monthly interest will accrue at eight percent (8%) per annum, and a fifty dollar ($50.00) administrative/termination fee will be added to the account. No other notice will be given.
B. 
If the delinquent bill, fees and interest are not paid by the end of the month the service was shut off, the meter may be locked or removed and a penalty of one and one-half percent (1.5%) of the applicable connection permit fee (water or sewer or both if applicable) will accrue per month. Upon payment of the past due balance, penalty, fees and interest, reinstallation of the meter will be at the cost of actual labor and materials to reconnect the service connection.
C. 
All charges for water, when the same become delinquent and unpaid, shall be a lien against the premises to which water has been furnished; provided, that, consistent with RCW 35.21.290, such lien shall not be for more than four (4) months’ charges due or to become due, nor for any charges which have been due for more than four (4) months.
D. 
All charges for sewerage, when the same become delinquent and unpaid, shall be a lien against the premises to which the sewerage has been furnished and may be enforced pursuant to RCW 35.67.200, except that the service charge lien shall be effective for a total not to exceed one (1) year’s delinquent service charges, without the necessity of any writing or recording of the lien with the county auditor, as provided for in RCW 35.67.215.
E. 
Failure to enforce a lien by cutoff of service shall not be deemed to relieve the customer of the obligation to pay the amount billed and unpaid. The right to enforce such lien may be exerted whenever and as often as such default occurs, and neither delay nor omission on the part of the city to enforce the same shall be deemed as a waiver of its right to enforce the same at any time within the period provided by law and this article so long as a default continues.
F. 
The remedies provided in this section are nonexclusive, and are without prejudice to the city’s right to pursue collection of delinquent utility accounts in any lawful manner not expressly provided herein.
(Ord. 733 (part), 2008; Ord. 742, 2008; Ord. 799 § 1 (part), 2012; Ord. 809 § 4, 2012; Ord. 894 § 1, 2019)
A. 
Overpayment. Overpayments occurring within a three (3) year period prior to either discovery by the city or written notification from the account holder to the city shall be refunded to the appropriate account holder(s) in full within thirty (30) days from confirmation, or may be credited to the affected account if less than the amount due for the upcoming billing period.
B. 
Under-Billing. An account that is under-billed, when identified and confirmed by the city, shall be billed as follows:
1. 
Under-billed amounts shall be billed reaching back for no more than three (3) years from the date of discovery by the city, or no more than three (3) years from the date of written notification to the account holder.
2. 
There shall be no interest or penalties due for under-billed amounts.
3. 
At the account holder’s request, the city may set a payment schedule for the under-billed amount that is equal in time to the reach back period of the under-billing.
4. 
Upon establishment of the under-billing obligation and payment schedule, if any, the amounts due shall be subject to the provisions of Section 13.06.020.
(Ord. 855 § 1, 2015)
All utility accounts shall be in the name of the property owner, and the owner will be responsible for all water, sewer and stormwater bills against his or her property. Tenant’s rights regarding utility services shall be in compliance with RCW 35.21.217. Owner requests to turn off water, categorized as nonurgent, will incur a fee. Fees shall be filed at a rate established by the city and contained in the fee schedule. Requests to turn water off shall not be considered a request for disconnection of city utility services; therefore, monthly charges will continue to be billed. Tenant requests to turn water off will only be granted with permission of owner.
(Ord. 733 (part), 2008; Ord. 799 § 1 (part), 2012; Ord. 894 § 2, 2019; Ord. 957 § 1, 2025)
In order to dispute a bill, the account holder must submit written notice to the city of Ilwaco utility billing department within seven (7) days of the date of the delinquent/termination notice. The mayor, or mayor’s designee, shall review the utility customer’s complaint and provide a written determination as appropriate within five (5) business days of receipt of the written notice of dispute. The decision of the mayor or mayor’s designee shall be final unless appealed to a court of competent jurisdiction within thirty (30) days of issuance of the decision. In the event that the account holder’s appeal results in a determination that an amount is owing to the city, the amount must be paid before the water shut-off date stated on the delinquent/termination notice, or within five (5) business days of the date of the written determination, whichever is later.
(Ord. 799 § 1 (part), 2012)
When any fee is made to the city by a person by check, and such check is dishonored by the bank upon which it was written for insufficient funds having been on account, a processing fee of fifty dollars ($50.00) shall be added to the fee due the city for each check thus returned, and the processing fee shall be subject to collection in the same manner as the underlying fee.
(Ord. 733 (part), 2008; Ord. 759 (part), 2009; Ord. 760 (part), 2009)
A. 
Water Utility Accounts. All new utility accounts, effective January 1, 2010, require certain identifying information that may be used alone or in conjunction with any other information to identify a specific person. This can include name, address, telephone number, driver’s license number, Social Security number or taxpayer identification number or government passport number. For all new water or sewer accounts, the city has the right to require a minimum deposit of two (2) months equivalent service fees, which may be waived by the fax direct receipt of a “utility letter of credit” that states the account holder has a previous good credit history showing a payment history of not more than one (1) late payment in twelve (12). The deposits are eligible for refund after twelve (12) months of timely utility payments or upon service disconnect with all payments current.
B. 
Sewer Utility Accounts. All new utility accounts, effective January 1, 2010, require certain identifying information that may be used alone or in conjunction with any other information to identify a specific person. This can include name, address, telephone number, driver’s license number, Social Security number or taxpayer identification number or government passport number. For all new water or sewer accounts, the city has the right to require a minimum deposit of two (2) months equivalent service fees, which may be waived by the fax direct receipt of a “utility letter of credit” that states the account holder has a previous good credit history showing a payment history of not more than one (1) late payment in twelve (12). The deposits are eligible for refund after twelve (12) months of timely utility payments or upon service disconnect with all payments current.
(Ord. 759 (part), 2009; Ord. 760 (part), 2009; Ord. 809 § 5, 2012)
All charges for utilities supplied to a premises shall be a lien against the premises and chargeable to the owner or any person having an interest in the premises for the full period permitted by law. Enforcement of such lien or liens shall be in the manner provided by law. The city of Ilwaco will charge a lien filing fee of one hundred dollars ($100.00) for any accounts found delinquent and requiring such action. Once the account is brought current, a fee of one hundred dollars ($100.00) will be charged to release the lien.
(Ord. 759 (part), 2009; Ord. 760 (part), 2009; Ord. 774 § 2, 2010; Ord. 775 § 2, 2010; Ord. 799 § 1 (part), 2012)
A. 
Customer may request a payment plan if reasonable hardship circumstances exist that affect the customer’s ability to pay in a timely manner. Examples of hardship may include the following: loss of employment due to natural disaster or declared state of emergency; serious injury or illness of the account holder; death in the immediate family; and bankruptcy. The billing department will use discretion in offering payment plans of up to twelve (12) months on a case-by-case basis. Hardship claims do not guarantee continuation of services.
B. 
Customers who have failed to comply with previous payment plans or who have a history of excessive delinquencies and/or shut-offs may be denied the payment plan request.
C. 
Once approved, the payments will be billed as a line item on the monthly combined water/sewer/stormwater billing and due by the twentieth (20th) of each month along with the current bill.
D. 
Customer will be charged an interest fee at the rate of one and one-half percent (1.5%).
E. 
Failure to make timely payment for current service and monthly payment plan amount according to the terms of an executed payment plan agreement shall be cause for termination of service according to the regular termination procedures.
F. 
Customer agrees to pay the monies owed according to the terms of the payment plan even if they move.
(Ord. 907 § 1, 2020)