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2012_07_10_O018 Amending Chap 34 of the TC - Utility Fee RevisionsThe Town of Virginia. ORDINANCE NO. 2012 -0 -018 PRESENTED July 10, 2012 ADOPTED July 10, 2012 AN ORDINANCE: TO AMEND AND REORDAIN SECTIONS OF CHAPTER 34 (UTILITIES), ARTICLES II (WATER SYSTEM) AND III (SEWERS AND SEWAGE DISPOSAL) OF THE TOWN CODE OF LEESBURG, VIRGINIA, 2009, AS AMENDED AND SECTION 34 OF APPENDIX B, FEE SCHEDULE REGARDING WATER AND SEWER CHARGES WHEREAS, the 2012 Virginia General Assembly amended Virginia Code Section 15.2- 2119 (Fees and charges for water and sewer services) to allow localities to more effectively collect delinquent water and sewer bills from tenants or lessees; and WHEREAS, additionally, during the course of implementing water and sewer fees and charges by the Department of Utilities ( "Utilities "), Utilities has identified the need for code changes to clarify and further define various sections of Chapter 34, Article II and III of the Town Code; and WHEREAS, during the course of implementing water and sewer services, Utilities has identified the need for charges to deter certain activity by water and sewer customers; and WHEREAS, an increase in the fees and charges for certain activities performed by Utilities is necessary to offset the costs associated with the services provided by Utilities; and WHEREAS, the increase in fees and charges is comparable and in some cases, lower, than the fees and charges for similar services in neighboring jurisdictions with similar population sizes. THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. That Chapter 34, Article II of the Town of Leesburg Code, be and the same is hereby amended to read as follows: -2- AN ORDINANCE: TO AMEND AND REORDAIN SECTIONS OF CHAPTER 34 (UTILITIES), ARTICLES II (WATER SYSTEM) AND III (SEWERS AND SEWAGE DISPOSAL) OF THE TOWN CODE OF LEESBURG, VIRGINIA, 2009, AS AMENDED AND SECTION 34 OF APPENDIX B, FEE SCHEDULE REGARDING WATER AND SEWER CHARGES Sec. 34 -58. Security Deposit for new accounts. (a) The tester town shall require of all new water accounts that serve residences, nonresidential, commercial users, a e-ash security deposit in the amount established by the town council. The security deposit required by this section may be waived based upon a policy established by the town manager. (b) Unless made by a tenant or lessee after July 1, 2012, the security deposit will be refunded, without interest after 12 consecutive billing periods during which no more than one past due notice has been issued or when service has been discontinued, after deducting any charges due on final settlement of the customer's account. Security deposits may be returned to tenants or landlords only after the account for which the tenant contracted is closed and paid in full. (c) Beginning July 1, 2012, tenants or lessees who wish to contract for water services for property owned by a lessor or landlord shall provide to the town authorization from the lessor or landlord that the tenant or lessee may contract for water services in the name of the tenant or lessee. An authorization form shall be provided by the town. This section shall not apply to accounts opened prior to July 1, 2012. (d) Beginning Jul 1, 2012, tenants or lessees contracting for water services shall provide a security deposit in the amount of three (3) months the customary and typical amount of water charged based upon the size of the rental property. The rates to be .plied for the security deposit required by this sub - section shall be based upon a policy established by the town manager. This section shall not apply to accounts opened prior to July 1, 2012. (e) Beginning July 1, 2012, no deposit shall be required by a tenant or lessee if the lessor or landlord has attached documentation to the authorization form showing that such lessee or tenant receives need -based local state or federal rental assistance or if waived by resolution of town council. (f) In the event a lessor or landlord fails or refuses to submit the authorization form as required in paragraph (c) above, the town shall require the lessor or landlord to contract for the water service and to pay the required security deposit. This section shall not apply to accounts opened prior to July 1, 2012. Sec. 34 -59. Service charge for new accounts. A service charge in the amount established by the town council shall be paid for all new water accounts. "New water accounts" shall include new water accounts the transfer of a water account to a new name or the transfer of an existing water account to a new address. -3- AN ORDINANCE: TO AMEND AND REORDAIN SECTIONS OF CHAPTER 34 (UTILITIES), ARTICLES II (WATER SYSTEM) AND III (SEWERS AND SEWAGE DISPOSAL) OF THE TOWN CODE OF LEESBURG, VIRGINIA, 2009, AS AMENDED AND SECTION 34 OF APPENDIX B, FEE SCHEDULE REGARDING WATER AND SEWER CHARGES Sec. 34 -62. Rate for water drawn at hydrant or public meter. by- the - tevv% reetinc-il. -Water drawn at an existing designated public fire hydrant with a town issued hydrant meter is assessed a service charge per quarter in addition to the usage water rate per 1000 gallons of water withdrawn. Water drawn at the K.B. Rollins Water Treatment Plant will be charged a per day, per truck service charge in addition to the usage water rate per 1000 izallons of water withdrawn. The charges set forth in this section shall be established by the town council. Sec. 63.1. Estimates of water consumption when customer is absent. If a customer is absent from their residence for a period of 60 consecutive days or more, the dir -ee*er of finanee town may evaluate and set the account's winter quarter. The policy regarding evaluation of an account's winter quarter shall be established by the town manager. The policy established by the town manager, which may be amended from time to time, is hereby incorporated herein by reference and made a part hereof as if fully set out in this article. Sec. 34 -68. - Adjustment of bill for underground leaks. When a leak develops in an underground water pipe between a water meter and a premises and the property owner or tenant cannot, by the use of ordinary diligence, discover such leak, the town finanee dire may adjust the water bill of the user at such location. The policy regarding adjustment of accounts shall be established by the town manager. No credit shall be allowed after ten days from the date the property owner or tenant has knowledge of such leak. Sec. 34 -69. When due and payable; notice, late payment penalty and second billing to delinquent accounts; discontinuance of service to delinquent accounts. Water bills are due and payable within 30 days from the date of billing. Any billing that remains unpaid after 30 days is delinquent and subject to a ten percent late payment penalty and six percent interest which amounts will be added to the total amount due and payable. A notice shall be mailed, together with a second billing, which will include the late payment penalty and interest at the end of 30 days from the date of billing, and water service will be discontinued if not paid in full within ten days from the date of such notice. When service is so discontinued, a fee for the resumption of service in the amount established by the town council shall be charged. In the event water is discontinued and a security deposit has been refunded pursuant to Section 34- 58(b), a security deposit shall be required under Section 34 -58 (a) before water service will be restored. Sec. 34 -70. - Delinquent charges as lien. (a) There shall be a lien upon the real estate for the amount of any rates, fees and other charges for water services rendered by the town to such real estate, from and after the -4- AN ORDINANCE: TO AMEND AND REORDAIN SECTIONS OF CHAPTER 34 (UTILITIES), ARTICLES II (WATER SYSTEM) AND III (SEWERS AND SEWAGE DISPOSAL) OF THE TOWN CODE OF LEESBURG, VIRGINIA, 2009, AS AMENDED AND SECTION 34 OF APPENDIX B, FEE SCHEDULE REGARDING WATER AND SEWER CHARGES time the bill therefore becomes delinquent. A delinquent bill, under this section, shall be defined as a bill thm h of been ;a -Ait :., to days fi7ef., the efiee ,ant to as set forth in town code section 34 -69. (b) The finance director shall certify to the clerk of the appropriate court for the county the amount of delinquent water charges, penalties and interest together with the fee to be paid for each entry on the judgment records by the clerk. (c) For purposes of this section, this regulation incorporates the provisions of Code of Virginia § 15.2 -2119. Sec. 34 -71. Miscellaneous charges. There shall be charges for miscellaneous utility services as specified in Appendix B Fee Schedule. The policy regarding the assessment of fees shall be established by the town manager. The fees referenced in this section and set forth in Appendix B Fee Schedule shall be established by the town council. SECTION II. That Chapter 34 (Utilities), Article III (Sewers and Sewage Disposal) of the Town of Leesburg Code, be and the same is hereby amended to read as follows: Sec. 34 -161. - Delinquent charges as lien. (a) There shall be a lien upon the real estate for the amount of any charges made by the town for sewer services rendered to such real estate, from and after the time the bill for such charges becomes delinquent. A delinquent bill, under this section, shall be defined as n bill that has not been paid within to days rr,,,,, the final not se set forth in town code section 34 -69. (b) The finance director shall certify to the clerk of the appropriate court for the county for the amount of delinquent sewer charges, penalties and interest together with the fee to be paid for each entry on the judgment records by the clerk. (c) For purposes of this section, this regulation incorporates the provisions of Code of Virginia § 15.2 -2119. Sec. 34 -162. Security Deposit for new accounts. (a) The finanee tee-= town shall require of all new sewer accounts that serve residences, nonresidential, and commercial users a east} security deposit in the amount established by the town council. The security deposit required by this section may_ be waived based upon a policy established by the town manager. (b) Unless made by a tenant or lessee after July 1, 2012, tThe security deposit will be refunded, without interest, after 12 consecutive billing periods during which no more than one past due notice has been received or when service has been discontinued, after deducting any charges due on final settlement of the customer's account. Security deposits may be returned to tenants or landlords only after the account for which the tenant contracted is closed and paid in full. -5- AN ORDINANCE: TO AMEND AND REORDAIN SECTIONS OF CHAPTER 34 (UTILITIES), ARTICLES II (WATER SYSTEM) AND III (SEWERS AND SEWAGE DISPOSAL) OF THE TOWN CODE OF LEESBURG, VIRGINIA, 2009, AS AMENDED AND SECTION 34 OF APPENDIX B, FEE SCHEDULE REGARDING WATER AND SEWER CHARGES (c) Beginning July 1, 2012, tenants or lessees who wish to contract for sewer services for property owned by a lessor or landlord shall provide to the town authorization from the lessor or landlord that the tenant or lessee may contract for sewer services in the name of the tenant or lessee. An authorization form shall be provided by the town. This section shall not apply to accounts opened prior to July 1, 2012. (d) Beginning July 1, 2012, tenants or lessees contracting for sewer services shall provide a security deposit in the amount of three (3) months the customary and typical amount of sewer services charged based upon the size of the rental property. The rates to be applied for the securit y deposit required by this sub - section shall be based upon a policy established by the town manager. This section shall not apply to accounts opened prior to July 1, 2012. (e) Beginning July 1, 2012, no deposit shall be required by a tenant or lessee if the lessor or landlord has attached documentation to the authorization form showing that such lessee or tenant receives need -based local state or federal rental assistance or if waived by resolution of town council. (f) In the event a lessor or landlord fails or refuses to submit the authorization form as required in paragraph(c) above, the town shall require the lessor or landlord to contract for the sewer service and to pay the required security deposit. This section shall not apply to accounts opened prior to July 1, 2012. Sec. 34 -163. Service charge for new accounts. A service charge in the amount established by the town council shall be made for all new sewer accounts. "New sewer accounts" shall include new water accounts the transfer of a sewer account to a new name or the transfer of an existing sewer account to a new address. SECTION III. That Section 34 of APPENDIX B FEE SCHEDULE be and the same is hereby incorporated and shall be amended to read as follows: Sec. 34 -59. Service charge for new accounts: $1-0.00 $15.00. Sec. 34 -62. Water drawn at at existing designated public fire hydrant with a town issued hydrant meter: $50.00 $1-00 service charge per quarter in addition to out of town high usage water rate per 1,000 gallons of all water drawn: water drawn at K.B. Rollins Water Treatment Plant: $10.00 per day per truck service charge in addition to out of town high usage water rate per 1000 gallons of all water drawn. in AN ORDINANCE: TO AMEND AND REORDAIN SECTIONS OF CHAPTER 34 (UTILITIES), ARTICLES II (WATER SYSTEM) AND III (SEWERS AND SEWAGE DISPOSAL) OF THE TOWN CODE OF LEESBURG, VIRGINIA, 2009, AS AMENDED AND SECTION 34 OF APPENDIX B, FEE SCHEDULE REGARDING WATER AND SEWER CHARGES Sec. 34 -69. Resumption of water service after discontinuance for nonpayment of charges: $20.00 $30.00. Sec. 34 -71. Miscellaneous fees and charges. Trip fee (Subsequent trips or missed appointments) During normal town working hours: $30.00 After normal town working hours: $50.00 Tampering fee (Customer activates or reactivates meter after discontinuance of water and/or sewer service): $50.00 Customer - requested meter test found to be accurate: $75.00 for up to 2" meter; $250 for meters larger than 2 ". Customer - requested leak check: During normal town working hours. $30.00 After normal town working hours: $50.00 Services performed after normal town working hours: $70.00 per hour with 2 hour minimum. Sec. 34 -163. Service charge for new sewer accounts: $10.00 $15.00. SECTION IV. This Ordinance shall become effective on the date approved. SECTION V. If any provision of this ordinance is declared invalid, the decision shall not affect the validity of the ordinance as a whole or any remaining provisions of the ordinance. PASSED this 10th day of Jam, 2012. [tl W mstattd, Mayor Town of Leesburg AT Clerk of C ci P: \Ordinances\2012 \0710 Amending Chapter 34 of the TC - Utility Fee Revisions.doc