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Ordinance 2214MAE/trs 5/14/81 ORDINANCE NO. 2214 AN ORDINANCE OF THE CITY OF EDMONDS, WASH- INGTON, AMENDING SECTIONS 7.10.010, 7.10.020 AND 7.10.060 OF THE EDMONDS CITY CODE REGARDING WATER SERVICE BILLING ACCOUNTS AND PROCEDURES TO REQUIRE THAT ALL SUCH ACCOUNTS AND PROCEDURES BE IN THE NAME OF AND REFER TO THE OWNERS OF SUBJECT PROPERTY AND NOT THE LESSEES; AMENDING SECTION 7.10.070 CLARIFYING THE LANGUAGE DEALING WITH TURN ON AND TURN OFF CHARGES; AND REPEALING SECTIONS 7.10.090 AND 7.10.100 PROVIDING FOR THE COLLECTION AND RETURN OF A DEPOSIT FROM WATER USERS THAT LEASE SUBJECT PROPERTY, AND FURTHERMORE, SETTING FORTH A PROCEDURE FOR TRANSFERRING WATER BILLING ACCOUNTS TO PROPERTY OWNERS AND TERMINATING ACCOUNTS OF PERSONS LEASING SUBJECT PROPERTY. WHEREAS, it is in the best interests of the City of Edmonds to streamline the billing procedure for water service provided by the City; and WHEREAS, there is a high turn -over rate of the approximately 480 water service accounts in the name of lessees causing a costly, confusing and unnecessary admin- istrative burden on the City of Edmonds; and WHEREAS, the provisions regarding turn on and turn off charges for maintenance purposes should be clarified; and WHEREAS, it is in the best interest of the City that an orderly procedure be established for the transfer of accounts presently in the name of a lessee to the name of the owner of such property; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 7.10.010 of the Edmonds City Code is amended to read as follows: "7.10.010 APPLICATION FOR WATER USE All applications for the use of water shall be made at the public works department by the owner, or by the owner's authorized agent, on printed forms furnished by said depart- ment for that purpose, and shall contain the name and description of the lot, block and addition. The applicant shall state the purposes for which the water is to be used and shall agree to conform to the ordinances, rules and regulations, with modifications which may be adopted, as a condition for use of water. Section 2. Section 7.10.020 of the Edmonds City Code is amended to read as follows: "7.10.020 ACCOUNTS - PAYMENTS All accounts shall be kept on the books of the water divi- sion in the name of the owner, and all charges shall be made against the property as well as the owner thereof. No change of ownership or occupancy shall affect the application of this section. All bills are payable within 25 days from the billing date. Flat rates are payable in advance. If water bills are not paid within a stated period, the water may be shut off. Water will be turned on after payment of the fees as set forth in Section 7.10.070, in addition to the amount of delinquent charges." Section 3. Section 7.10.060 of the Edmonds City Code is amended to read as follows: "7.10.060 LIMITATION ON WATER USE The city council by resolution may, in the case of shortage of water, or for any other reasonable cause, forbid and/or limit the use of water in the city, or in any portion there- of, for irrigation or sprinkling purposes. Notice of such resolution shall be given in a manner designed to advise the public of its terms, including by publication in the offi- cial newspaper of the city, not less than one day before the effective date of such resolution. In the event of a violation of any such resolution, the water may be turned off from the premises and the same shall not be turned on again until the owner has paid to the water division the charges set forth in Section 7.10.070." Section 4. Section 7.10.070 of the Edmonds City Code is amended to read as follows: -2- "7.10.070 TURN ON AND TURN OFF CHARGES A. Charges for turning water off or on at the main shall be as follows: 1. Where streets are not paved, fifteen dollars. 2. Where streets are paved, the actual cost of such service is to be charged against the applicant. B. The charge for turning on or turning off the water other than at the main shall be ten dollars. If the water is turned on or turned off at any time other than regular working hours (eight a.m. to five p.m.), on weekends or on any holiday, the charge shall be twenty dollars. Section 5. Section 7.10.090 of the Edmonds City Code regarding a deposit from lessee users is hereby repealed and deleted from Chapter 7.10. Section 6. Section 7.10.100 of the Edmonds City Code regarding the return of deposits collected in 7.10.090 is hereby repealed and deleted from Chapter 7.10. Section 7. All accounts in the name of a lessee shall be terminated within thirty (30) days from the notice as set forth herein. The Director of Public Works or his designee is authorized to notify the owners, and/or the known authorized agents of such owners, of rental property currently served by an account listed in the name of a lessee and to notify the lessees in whose name an account is presently listed, of the change established by this ordinance. The notice shall state that the owner shall have thirty (30) days from the date of such notice to apply to the City for a water service account in the name of such owner. The notice shall further state that failure to apply for water service in the name of -3- the owner shall result in the termination of water service to the subject property and that such service will be resumed only after such application has been made by the property owner or the owner's authorized agent. When an application is submitted by the property owner, or the owner's authorized agent, pursuant to the terms of the Edmonds City Code, the Director of Public Works or his designee is directed to transfer water service presently in the name of the lessee to the name of the property owner and to close accounts in the name of the lessee of such owner's property, provided all outstanding charges are paid. The lessee's deposit shall be applied against the balance of any outstanding water service charges and the remainder of such deposit returned to the lessee. The Director of Public Works is further directed to terminate water service to any property where the account is in the lessee's name and the property owner has failed to apply within thirty (30) days from the date of the notice. The Director shall also terminate service if there are charges owing against the lessee's account in excess of the amount of the lessee's deposit unless the balance is paid. The Director of Public Works shall have the authority to extend the time period during which an owner must apply for a water service account beyond the thirty (30) days from the date of notice if, in the Director's discretion, extra- ordinary circumstances exist in a particular case which make compliance with this ordinance within such period impossible. -4- Section 8. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. APPROVED: MAYOR, H. H. HARRISON ATTEST/AUTHENTICATED: CITY CLERK, IRENEdIARNEY MORAN APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: l�4 FILED WITy THE CITY CLERK: Ma 15, 1981 PASSED BY THE CITY COUNCIL: June 30, 1981 POSTED: July 2, 1981 EFFECTIVE DATE: July 7, 1981 AFFIDAVIT OF POSTING ORDINANCE STATE OF WASHINGTON ss: COUNTY OF SNOHOMISH IRENE VARNEY MORAN , being first duly sworn on oath deposes and says that s he is over the age of eighteen (18) years and is competent to testify as to the matter stated herein. There is no official newspaper or other newspaper printed and published within the City. In accordance with RCW 35A.12.160, on the 2 day of July , 1981, affiant posted true and correct copies of the attached Ordinance No. 2214 , passed by the City Council on the 30 day of June , 1981, at the official posting places for City notices which are the public bulletin boards at the following locations: Edmonds Civic Center 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Public Library Civic Center, 250 Fifth Avenue North Edmonds, Washington 98020 Edmonds Branch of United States Post Office 201 Main Street Edmonds, Washington 98020 DATED this 2 day of July , 19 81. !J SUBSCRIBED AND SWORN to before me this day of 19 No ary ublic in and for the State of Washington, residing at��