Ordinance 3629service; and
ORDINANCE NO. 3629
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 7.10 ECC ON WATER SERVICE, ECC 7.30.070 ON
WATER, SEWER AND STORMWATER RATE REDUCTIONS
FOR LOW INCOME CITIZENS, ECC 7.40.040 ON MONTHLY
FIRE SERVICE CHARGES, REPEALING ECC 3.50.030 ON
DELINQUENCY CHARGE, ADOPTING ECC 7.10.025 ON
DELINQUENCY CHARGE, PROVIDING FOR
SEVERABILITY, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
WHEREAS, City of Edmonds provides water, sewer and stormwater utility
WHEREAS, procedural requirements by City water, sewer and stormwater
customers for supplemental services in connection with water, sewer and stormwater utilities
need to be updated; and
WHEREAS, certain fees and charges related to supplemental services in
connection with water, sewer and stormwater utilities need to be updated; and
WHEREAS, water and sewer customers whose services are scheduled to be shut
off due to delinquency should be afforded an opportunity to show that the delinquent charges
have been paid; and
WHEREAS, delinquency charges should apply equally to all water, sewer and
stormwater accounts; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
DO ORDAIN AS FOLLOWS:
VAWORDATA \Ordinances 3600 to 3699 \Ord3629.doe Page 1 of 8
repealed.
Section 1. Edmonds City Code 3.050.030, Delinquency charge. is hereby
Section 2. Edmonds City Code 7.10.010, Application for water use. is hereby
amended to read as follows:
7.10.010 Application for water use.
All applications for the use of water shall be made at the
development services department by the owner, or by the owner's
authorized agent, on printed forms furnished by said department
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 modification which may be
adopted, as a condition for use of water.
Section 3. Edmonds City Code 7.10.020, Accounts - Payments. is hereby
amended to read as follows:
7.10.020 Accounts — Payments.
A. All accounts shall be kept 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. If water bills are not paid within a stated
period, the water will be shut off. Water will be turned on after
payment of the fees as set forth in ECC 7.10.070, in addition to the
amount of delinquent charges.
B. At least 10 days before water is scheduled to be shut off, the
Administrative Services Director, or a designated city official,
shall notify the owner and the occupant of the property. The
owner shall be notified by mail at the address on the account, and
the occupant shall be notified by mail, door hanger or other form at
the property. Mailed notices shall be deemed received 3 business
days after mailing. All notices shall contain the following:
1. Reason for water shut off;
VAWORDATA \Ordinances 3600 to 3699 \Ord3629.doc Page 2 of 8
2. Delinquent amount that needs to be paid to avert
interruption in water service;
3. Instructions on scheduling a hearing to show that the
account is not delinquent; and
4. The day on or after which water will be shut off.
C. After notification, the owner and the occupant shall be afforded
the opportunity to present to the Administrative Service Director,
or a designated official, evidence that the delinquent charges have
been paid. Such opportunity shall be afforded before the water is
shut off, provided that the owner or the occupant make a request
for the same to the Administrative Service Director, or a
designated official, within 3 days of presumptive receipt of the
notice. The burden shall be on the owner and or occupant to prove
that the delinquent charges have been paid.
D. After reviewing the evidence by the owner and or occupant, the
Administrative Service Director, or the designated official to
whom the evidence was presented, shall decide whether or not the
account remains delinquent. The owner and the occupant shall be
notified of the decision, and this decision shall not be subject to
further appeal. If the account is found to be delinquent and water
has not been shut off, water will be shut off as previously
scheduled or 3 days after final decision, whichever date is later. If
the account is not found to be delinquent and water has been shut
off, water will be turned on without being subject to turn on and
turn off charges in ECC 7.10.070.
Section 4. A new section in Chapter 7.10 Edmonds City Code, ECC 7.10.025,
Delinquency charge., is hereby adopted to read as follows:
7.10.025 Delinquency charge.
A charge equal to 10 percent of the outstanding balance of the
delinquent utility bill shall be added as a fee, except in cases of
extraordinary hardship as determined by the administrative
services director or his/her designee. The decision of the
administrative services director can be appealed to the finance
committee of the Edmonds city council. The account shall be
considered delinquent 35 days after the sending of the regular
billing. Such delinquency notice and billing will be provided 35
days following the mailing of a regular utility bill. This charge
shall be applicable to all delinquent utility billing accounts. In
order to be considered delinquent an account must total $21.00 or
more of delinquency, and no delinquency charge shall be levied
VAWORDATA\Ordinances 3600 to 3699 \Ord3629.doc Page 3 of 8
against any delinquent account under $21.00. This delinquency
charge shall be paid prior to the application of any payment against
the fee or charge initially assessed and nothing herein shall be
interpreted to limit the city's collection of its attorneys' fees and
other reasonable costs and charges in the event it is forced to seek
judicial remedy for collection.
Section 5. Edmonds City Code 7.10.030, Suspension of water use - Procedure. is
hereby amended to read as follows:
7.10.030 Suspension of water use — Procedure.
Should a customer desire to discontinue the use of water for a
period of time, notice thereof must be given to the utility billing
department. The water will then be shut off and turned on again
upon notice to the utility billing department. The customer shall be
required to pay charges as set forth in ECC 7.10.070.
Section 6. Edmonds City Code 7.10.070, Turn on and turn off charges. is hereby
amended to read as follows:
7.10.070 Turn on and turn off charges.
The charge for turning on or off the water other than at the main
shall be $20.00 if done during regular working hours. If the water
is turned on or off at any time other than during regular working
hours, the charge shall be $75.00.
Section 7. Edmonds City Code 7.10.080, Request for inspection of meters. is
hereby amended to read as follows:
7.10.080 Request for inspection of meters.
The water division, upon the request of any water user, shall
inspect the water meter on the user's premises. A deposit of $20.00
shall be made with such request to cover the cost of such
inspection. In the event such meter is found to be overregistering,
such deposit shall be returned to the depositor; otherwise, said
deposit shall be retained by the city.
Section 8. Edmonds City Code 7.10.110, Charge and bill adjustments. is hereby
amended to read as follows:
WWORDATA\Ordinances 3600 to 3699 \Ord3629.doc Page 4 of 8
7.10.110 Charge and bill adjustments.
The administrative services director, or such authorized
representative as he may designate, is authorized to make
adjustments or corrections . to billings for any charge for water
service, including but not limited to connection charges, minimum
monthly billings, meter charges, penalty and special charges,
improperly charged rates, and, subject to the City Council's
approval, the cancellation of uncollectible bills and accounts.
Section 9. Subsection C of Edmonds City Code 7.30.070, Water and sewer rate
reductions for low income citizens. is hereby amended to read as follows:
7.30.070 Water, sewer and stormwater rate reductions for low
income citizens.
A. Definitions. For the purposes of implementing water, sewer and
stormwater rate reductions under the provisions of this section, the
following words or phrases shall have the following definitions:
1. "Low income citizen" shall mean a person who has established
Edmonds as their residence and whose total disposable income
including that of his or her spouse or cotenant does not exceed the
amount specified in RCW 84.36.381(5)(b) as the same exists or is
hereafter amended.
2. The definition of terms such as "residence ", "total disposable
income ", "combined disposable income ", and other such terms
used in this section shall be given those meanings established by
RCW 84.36.383 as the same exists or is hereafter amended. In the
event that any provision of the Revised Code of Washington
incorporated by reference or implication in this definitional section
shall be amended, such amendment shall be deemed to be
incorporated within or utilized in interpretation of this section.
B. Low income citizens shall be given reductions in the water,
sewer and stormwater rates as those rates are established from time
to time by the city council:
1. A rate reduction of 30 percent shall be afforded those low
income citizens who meet the qualifying income and asset levels
established by RCW 84.36.381(5)(b)(i) as the same exists or shall
hereafter be amended.
2. A 50 percent rate reduction shall be afforded those low income
citizens qualifying under the provisions of RCW 84.36.381
(5)(b)(ii).
3. No rate reduction shall be afforded to any person shown as a
dependent on the income tax return of any other individual,
whether or not such person resides at the location for which the
VAWORDAMOrdinances 3600 to 3699 \Ord3629.doe Page 5 of 8
rate reduction is sought, unless the total combined disposable
income of the applicant, along with their spouse, cotenant and all
family members shown on the income tax return in which the
applicant is shown as a dependent, meets the standards established
by this section.
C. The administrative services director is authorized to establish an
application for low income citizens rate reduction applications.
The application shall be provided without cost by the utility billing
division of the city and shall include such information, as may
reasonably be required by the administrative services director to
verify eligibility.
Section 10. Subsection A of Edmonds City Code 7.40.040, Fire service monthly
service charges. is hereby amended to read as follows:
7.40.040 Fire service monthly service charges.
A. The monthly rates for inspection and maintenance of detector
check systems are fixed as follows:
Fire Service Bimonthly
or Detector Service Charge
Meter Size
Up to 4" $12.34
6" $21.59
8" $30.81
Water used through the fire service line for fire suppression
purposes and limited testing of the system will normally be
furnished without any charge in addition to the bimonthly
minimum charge set forth for fire service meter or detector check
meter.
Section 11. Severability. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
VAWORDATA \Ordinances 3600 to 3699 \Ord3629.doc Page 6 of 8
Section 12. Effective Date. This ordinance, constituting administrative acts of the
City Council, is not subject to referendum and shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
ATTEST /AUTHENTICATED :
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OFQPKY A RNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO. 3629
02/16/2007
02/20/2007
02/25/2007
03/02/2007
VAWORDATA \Ordinances 3600 to 3699 \Ord3629.doc Page 7 of 8
SUMMARY OF ORDINANCE NO. 3629
of the City of Edmonds, Washington
On the 20th day of September, 2007, the City Council of the City of Edmonds,
passed Ordinance No. 3629. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF
CHAPTER 7.10 ECC ON WATER SERVICE, ECC 7.30.070 ON
WATER, SEWER AND STORMWATER RATE REDUCTIONS
FOR LOW INCOME CITIZENS, ECC 7.40.040 ON MONTHLY
FIRE SERVICE CHARGES, REPEALING ECC 3.50.030 ON
DELINQUENCY CHARGE, ADOPTING ECC 7.10.025 ON
DELINQUENCY CHARGE, PROVIDING FOR
SEVERABILITY, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21 st day of February, 2007.
f W e4 � -,
CITY CLERK, SANDRA S. CHASE
{BFP649322.DOC;1/00006.900030/} - 8 -
Affidavit of Publication
STATE OF WASHINGTON,
COUNTY OF SNOHOMISH } S.S.
February 25, 2007
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
CEjj, D day of February, 2007
MAC 0 b 2007 Notary Public ' and for he State of Washington,
County.
F.
Account Name: City of Edmonds Account Number: 101416
26th
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Order Numbe . 4
The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
_
SUMMARY OF ORDINANCE NO. 3629
circulation in said County and State; that said newspaper has been approved as a legal
of the City of mon s, as ngton
On the 20th day of September, 2007, the City Council of
newspaper by order of the Superior Court of Snohomish County and that the notice
the City of Edmonds, passed Ordinance No 3629. A sum-
mary of the content of said ordinance, cronsisting the title„
of
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WA- I
Summary of Ordinance No. 3629
SHINGTON, AMENDING THE PROVISIONS OF CHAP-
TER 7.10 ECC ON WATER SERVICE, ECC 7.30.070 ON
j WATER, SEWER AND STORMWATER'RATE REDUC-
TIONS FOR LOW INCOME CITIZENS, ECC 7.40.040 ON
City f Edmonds
h
MONTHLY FIRE SERVICE CHARGES, REPEALING
ECC 3.50.030 ON DELINQUENCY CHARGE, ADOPT-
ING ECC 7.10.025 ON DELINQUENCY CHARGE, PRO-
VIDING FOR SEVERABILITY, AND FIXING A TIME
WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 21st day of February, 2007. 1
CITY CLERK, SANDRA S. CHASE
a printed copy of which is hereunto attached, was published in said newspaper proper and not
Published: February 25, 2007.
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
February 25, 2007
and that said newspaper was regularly distributed to its subscribers during all of said period.
Subscribed and sworn to before me this
CEjj, D day of February, 2007
MAC 0 b 2007 Notary Public ' and for he State of Washington,
County.
F.
Account Name: City of Edmonds Account Number: 101416
26th
at erett,k
PUet/c
N�jt 9 7_z00e
OF WASHiN�
Order Numbe . 4