HomeMy Public PortalAboutOrd. 729 - Delinquent Utility PaymentsORDINANCE NO.729
CITY OF MCCALL, VALLEY COUNTY, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, STATING A PURPOSE, REQUIRING THAT THE OWNER OF
REAL PROPERTY RECEIVING MUNICIPAL UTILITY SERVICES IS RESPONSIBLE
FOR AND ASSURES PAYMENT OF SUCH CHARGES; AMENDING TITLE VI,
UTILITY SERVICES; CHAPTER 4, CONTRACTS, BILLING AND COLLECTION;
ENABLING ADMINISTRATION; CREATING NEW SECTION 6-4-270, LIEN FOR
DELINQUENT CHARGES AND SECTION 6-4-280, CRIMINAL PENALTIES FOR
FALSE REPRESENTATION; PROVIDING SEVERABILITY; REPEALING
CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall has been experiencing unacceptable delinquencies in payment
of municipal utility charges; and
WHEREAS, the Mayor and City Council are cognizant of their duty to heed the well being
and best interests of the citizens of the City of McCall as a whole, and that sometimes such
best interest of the community as a whole will be in conflict with the interests of some
individuals residing in the community; and
WHEREAS, the Mayor and City Council desire to provide the best utility customer service
possible at the most reasonable rates attainable and believe it is their duty to take the necessary
actions to minimize losses and undue administrative costs caused by customers who become
delinquent in paying utility service fees; and
WHEREAS, the Mayor and City Council desire to minimize service revenue losses from
uncollectable accounts and is of the opinion that under certain conditions, a reasonable
deposit, to be used to mitigate such loss should a utility service account become delinquent, is
in the best interest of the community as a whole; and
WHEREAS, the Mayor and City Council believe, when executing a Contract for Utility
Service, it is in the best interest of the City's community as a whole that the two parties for
mutual agreement shall be exclusively between the City and the owner of the premises, or
owner's legally authorized agent, whose actions with regard to the Utility Service Contract are
on behalf of such owner.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
McCall, Valley County, Idaho as follows:
Ordinance No. 729 Page 1 of 7
Adopted at the il `(Ju e; ?, 1999 regular meeting
Section 1: The purposes of this ordinance are:
To make property owners ultimately responsible for the cost of municipal utility
services provided for their benefit for the properties they own. It is the intent of this ordinance
to require that owners of real property assume responsibility for such municipal charges as
may be authorized by ordinance or resolution of the City Council as a condition of receiving
such services and to facilitate administration by amending various sections of Title VI, Utility
Services; Chapter 4, Contracts, Billing and Collection, as follows:
Section 2:
as follows:
Section 6-4-010 relating to Application for Utility Services is amended to read
6-4-010: APPLICATION FOR UTILITY SERVICES: Any person desiring to have
premises connected with the utility system of the City shall present at the office of the Clerk,
or other place provided for the conduct of such business, the following information: a
description of the premises desired to be served by the addition, block, lot and official house
number together with an application for utility service, prepared upon a printed form to be
supplied for that purpose by the City. Such application shall contain, in addition to the
description of the premises as aforesaid, state fully all the purposes for which such utility
service is to be used, the number of persons to be supplied or other indication for probable
consumption, the size of the service pipes or connections believed to be necessary therefor, the
point of connection with the City water main and the method and manner of connection, the
name and address of the applicant and whether owner, authorized agent or contractor and if
authorized agent a written authority provided by the City and executed by the owner
authorizing such agent to make the above application. Before he can serve as an authorized
agent, a person must be in the business of and regularly engaged or employed as a
professional leasing agent or property manager.
Section 3: Section 6-4-070 relating to required deposits is amended to read as follows:
6-4-070 DEPOSIT REQUIRED -EXEMPTIONS: Each applicant desiring water or
sewer service or both services shall pay a refundable deposit to the City in an amount equal to
the expected billings for such service(s) for three months at the premises desired to be served.
The City Treasurer shall determine this amount based upon pertinent past service data and the
information provided in the application for utility services required by section 6-4-010. Such
deposit shall be required unless the applicant has had with the City within the past two (2)
years, one or more accounts for utility service, in his own name, and has had satisfactory
payment record for the last twelve (12) months such account(s) was (were) in effect. A
satisfactory payment record shall be defined as one in which all payments were made on or
before the date due, for all accounts in effect during the aforementioned twelve (12) months.
Ordinance No. 729 Page 2 of 7
Adopted at the'01 q ;Z,S , 1999 regular meeting
Section 4: Section 6-4-090 relating to deposit refunds and interest paid on deposits is
amended to read as follows:
6-4-090 DEPOSIT REFUNDS -INTEREST PAID ON DEPOSITS: Deposits collected
under the provisions of section 6-4-070 or section 6-4-220 of this Chapter shall be held by the
City until the payee requests discontinuance of water service or until the payee has attained a
satisfactory payment record as defined in this Chapter. Deposit refunds shall be in the form of
a credit to the account of the payee. A cash refund equal to the amount of the deposit plus
interest earned and less any outstanding account balance shall be paid upon discontinuance
only. While any deposit is held by the City, the City shall pay interest in the amount of one-
half of one percent (0.5%) of the amount of the deposit each month for an annual rate of six
percent (6%). Interest shall be applied to the account of the payee and paid in cash only upon
discontinuance.
Section 5: Section 6-4-130, paragraph (A), relating to billing is amended to read as
follows:
6-4-130 BILLING:
(A) All charges for water and/or sewer service furnished by the City shall be billed directly
to the owner of the premises or his legally authorized agent, and in the absence of a written
contract, to the party or parties occupying the connected premises, who shall be liable jointly
and severally.
Section 6:
follows:
Section 6-4-150 relating to turning water on or off is amended to read as
6-4-150: TURNING ON WATER, CHARGES - TURNING OFF WATER: Whenever
the owner of any premises connected with the City water supply system, or his legally
authorized agent, desires to begin water service he shall notify the City Treasurer and pay a
turn on fee in the amount set from time to time by the City Council by resolution and shall be
charged the full monthly rate for the month in which service begins. Whenever the owner of
any premises connected with the City water supply system, and receiving such water service,
or his legally authorized agent, desires to discontinue such service, he shall notify the City
Treasurer. A fee shall be charged for such turn off in the amount set from time to time by the
City Council by resolution, and the full monthly rate shall be charged for the month in which
service is discontinued.
Section 7: Section 6-4-210 relating to delinquent bills, penalty, and turning off water is
amended to read as follows:
6-4-210 DELINQUENT BILLS -PENALTY -TURNING OFF WATER: All bills for
water and sewer are due and payable on the first day of the month following the month in
Ordinance No. 729 Page 3 of7
Adopted at the rn a , 1999 regular meeting
which they are issued, and shall be delinquent at the close of office hours of the seventh (7th)
day of the month in which such payments fall due; provided, that if such seventh (7th) day of
the month falls on a Saturday, Sunday, or legal holiday, then such bills shall be delinquent at
the close of office hours on the next succeeding business day. If not paid before delinquency,
a penalty of ten percent (10%) of the amount so due shall be added to said amount due.
Section 8: Section 6-4-220 relating to delinquent accounts - turning on water and required
security deposit is amended to read as follows:
6-4-220 PAYMENT OF DELINQUENT ACCOUNTS - TURNING ON WATER;
INCREASED SECURITY DEPOSIT:
When water has been turned off because of delinquency in payment, water shall not be turned
on and new water or sewer service shall not be provided to any other property that the -
customer owns until:
(A) all delinquent water and sewer charges, including the delinquency charge of ten
percent (10%), monthly service charges and a fee set from time to time by the City Council by
resolution for shutting off and turning on the water, shall have been added to the face of the
delinquent bill and the entire sum paid; and
(B) all other charges for water and sewer service until the date of shut-off owed on the
customer's account, even if not delinquent, are paid; and
(C) The customer pays a security deposit to the City in the amount computed by the City
Treasurer to be one hundred twenty-five per cent (125%) of the billings for water and sewer
service for three months to the premises, plus the fee set by the City Council for shutting off
the water, less any deposit the City is holding pursuant to section 6-4-070 of this Chapter.
Section 9: Section 6-4-260 relating to discontinuance of water service, pretermination
hearing, notifications, and appeal is amended to read as follows:
6-4-260: DISCONTINUANCE OF WATER SERVICE:
(A) If an account becomes delinquent as provided in section 6-4-210 of this Chapter, the
City Treasurer shall notify the owner of the premises to which such water or sewer service
was furnished, or his legally authorized agent, in writing of such delinquency, and if such
water or sewer bill is not paid in full within ten (10) days thereafter, water service shall be
discontinued. In addition to the requirements under paragraph (D) of this section, written
notification of shut-off shall be placed on the door knob, latch or other conspicuous location at
the serviced premises on the same day as mailed.
Ordinance No. 729
Page 4 of 7
Adopted at the P Y \ a s , 1999 regular meeting
(B) An owner is entitled to an administrative pretermination of service hearing, unless the
subject of the dispute has already been reviewed and a decision issued under the procedures
set forth in section 6-4-240.
(1) In the event an owner desires a pretermination administrative hearing, the owner
or his legally authorized agent, within the ten (10) days described in paragraph (A) , must mail
or hand deliver to the City Treasurer, a written request for such hearing, stating as completely
as possible the basis for the dispute.
(2) Within five (5) days after receipt of a request, the City Treasurer shall schedule a
hearing before the City Manager or the City Treasurer, to be held within twenty (20) days
after such receipt. At the hearing, the owner or his legally authorized agent may be
represented by counsel and may present evidence relevant to the dispute, including witness
testimony, which if presented shall be tape-recorded.
(3) The City shall keep a written record of the hearing. A written decision based upon
the record shall be rendered within five (5) days after the hearing and the owner shall be
notified thereof. In the event an administrative decision cannot be made at such hearing
because of unusual facts or circumstances, within a reasonable time the City Treasurer shall
bring the matter before City Council in the manner set forth in paragraph (E).
(C) Water service shall not be discontinued pending such hearing. In the event of a
decision requiring payment of such bill or any portion thereof, the same must be paid within
seven (7) days after service or mailing of notice of such decision to the owner or his legally
authorized agent or water service shall be discontinued. Even if a decision requiring payment
is appealed to the City Council pursuant to paragraph (E), unless payment is made in
accordance with the decision, water service shall be discontinued after said seven days.
(D) All notices required hereunder shall be in writing and shall be to the mailing address
for billings and notifications as indicated on the executed Utility Service Contract or
personally served upon the owner of such premises or his legally authorized agent. Service
shall be deemed complete upon date of service or mailing.
(E) The owner of the premises involved shall have the right to appeal to the City Council
any adverse administrative decision by the City Manager or City Treasurer.
(1) In the event such appeal is desired, the owner of the premises or his legally
authorized agent must notify the City Treasurer in writing of such desire within thirty (30)
days after a decision is issued by the City Manager or the City Treasurer. Within five (5) days
after receipt of such notification, the City Treasurer shall schedule the matter as an agenda
item to be considered at a regular meeting of the City Council held within a reasonable time
after said receipt.
Ordinance No. 729 Page 5 of 7
Adopted at the fR cud aS , 1999 regular meeting
(2) The City Treasurer shall forward a copy of the written record and make available
any tape-recording of witness testimony to the City Council. The City Council shall make its
decision based upon the record developed before the City Manager or City Treasurer;
provided, however, the City Council may allow additional evidence to be produced if it finds
such evidence was not presented at the earlier hearing for good cause.
(F) The owner of the premises involved shall have the right to appeal to the District Court
from any adverse decision of the City Council. Each owner of premises receiving utility
service agrees as a condition of receiving such service to waive any right to appear in District
Court to settle a dispute arising from such service unless he first complies with the
administrative procedure set forth herein.
(G) A copy of this section shall accompany each notice of delinquency in payment for
water service given under the provisions of this section.
Section 10: Creating a new section 6-4-270 establishing a lien for delinquent charges:
6-4-270 LIEN FOR DELINQUENT CHARGES: In further consideration for the
provision of municipal utility services, an owner contracting with the City to have his
premises receive such services hereby expressly consents to the placement of a lien upon the
premises in the event charges for utility service become delinquent and either a hearing is not
requested in accordance with section 6-4-260 or an adverse decision is rendered by the City
pursuant to said section. Such lien shall be in the amount described in section 6-4-220,
paragraph (A). Included in the lien filed with the county recorder, there will be a service
charge in the amount of one hundred dollars ($100) that will be required to be paid in
satisfaction of full payment of the lien, such service charge being for the purpose of filing
expenses and labor incurred in the production of paperwork required for the lien.
Section 11: Creating a new section 6-4-280 providing for criminal penalties for false
representations:
6-4-280 It shall be unlawful for any person who is not the legal owner of a specific real
property, receiving or requesting municipal utility services for such real property, to represent
upon an application for utility services or contract that such person is the legal owner of the
real property for which utility service is being requested; nor shall a person make any other
false representation for the purpose of receiving such services. Violation of this section shall
be considered a misdemeanor and shall be prosecuted as such.
Section 12: Severability.
This ordinance is hereby declared to be severable. Should any provision of this
ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions
Ordinance No. 729 Page 6 of 7
Adopted at the VA 0.1A.c1 d , 1999 regular meeting
shall continue in full force and effect and shall be read to carry out the purpose(s) of the
ordinance before the declaration of partial invalidity.
Section 13: Repeal of Conflicting Provisions:
A11 provisions of the current McCall Municipal Code or ordinances of the City of
McCall that conflict with the provisions of this ordinance are hereby repealed to the extent of
such conflict.
This Ordinance shall take effect and be in full force upon its passage, approval and publication
in one issue of a newspaper of general circulation in the City of McCall.
APPROVED AND PASSED THIS
V.,
Cherry Woodbury
City Clerk
Kirk Eimers
Mayor
, 1999.
Ordinance No. 729 Page 7 of 7
Adopted at the 95 , 1999 regular meeting
ORDINANCE NO. 729
CITY OF MCCALL, VALLEY COUNTY, IDAHO
AN ORDINANCE OF THE CITY OF MCCALL, A MUNICIPAL CORPORATION OF
THE STATE OF IDAHO, STATING A PURPOSE, REQUIRING THAT THE OWNER OF
REAL PROPERTY RECEIVING MUNICIPAL UTILITY SERVICES IS RESPONSIBLE
FOR AND ASSURES PAYMENT OF SUCH CHARGES; AMENDING TITLE VI,
UTILITY SERVICES; CHAPTER 4, CONTRACTS, BILLING AND COLLECTION;
ENABLING ADMINISTRATION; CREATING NEW SECTION 6-4-270, LEIN FOR
DELINQUENT CHARGES AND SECTION 6-4-280, CRIMINAL PENALTIES FOR
FALSE REPRESENTATION; PROVIDING SEVERABILITY; REPEALING
CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of McCall has been experiencing unacceptable delinquencies in payment
of municipal utility charges; and
WHEREAS, the Mayor and City Council are cognizant of their duty to heed the well being
and best interests of the citizens of the City of McCall as a whole, and that sometimes such
best interest of the community as a whole will be in conflict with the interests of some
individuals residing in the community; and
WHEREAS, the Mayor and City Council desire to provide the best utility customer service
possible at the most reasonable rates attainable and believe it is their duty to take the necessary
actions to minimize losses and undue administrative costs caused by customers who become
delinquent in paying utility service fees; and
WHEREAS, the Mayor and City Council desire to minimize service revenue losses from
uncollectable accounts and is of the opinion that under certain conditions, a reasonable
deposit, to be used to mitigate such loss should a utility service account become delinquent, is
in the best interest of the community as a whole; and
WHEREAS, the Mayor and City Council believe, when executing a Contract for Utility
Service, it is in the best interest of the City's community as a whole that the two parties for
mutual agreement shall be exclusively between the City and the owner of the premises, or
owner's legally authorized agent, whose actions with regard to the Utility Service Contract are
on behalf of such owner.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the City of
McCall, Valley County, Idaho as follows:
Ordinance No. 729 Page 1 of7
Adopted at the , 1999 regular meeting
Section 1: The purposes of this ordinance are:
To make property owners ultimately responsible for the cost of municipal utility
services provided for their benefit for the properties they own. It is the intent of this ordinance
to require that owners of real property assume responsibility for such municipal charges as
may be authorized by ordinance or resolution of the City Council as a condition of receiving
such services and to facilitate administration by amending various sections of Title VI, Utility
Services; Chapter 4, Contracts, Billing and Collection, as follows:
Section 2:
as follows:
Section 6-4-010 relating to Application for Utility Services is amended to read
6-4-010: APPLICATION FOR UTILITY SERVICES: Any person desiring to have
premises connected with the utility system of the City shall present at the office of the Clerk,
or other place provided for the conduct of such business, the following information: a
description of the premises desired to be served by the addition, block, lot and official house
number together with an application for utility service, prepared upon a printed form to be
supplied for that purpose by the City. Such application shall contain, in addition to the
description of the premises as aforesaid, state fully all the purposes for which such utility
service is to be used, the number of persons to be supplied or other indication for probable
consumption, the size of the service pipes or connections believed to be necessary therefor, the
point of connection with the City water main and the method and manner of connection, the
name and address of the applicant and whether owner, authorized agent or contractor and if
authorized agent a written authority from provided by the City and executed by the owner
authorizing such agent to make the above application. Before he can serve as an authorized
agent, a person must be in the business of and regularly engaged or employed as a
professional leasing agent or property manager.
Section 3: Section 6-4-070 relating to required deposits is amended to read as follows:
6-4-070 DEPOSIT REQUIRED -EXEMPTIONS: Each applicant desiring fef water or
sewer service or both services shall pay a refundable deposit of fifty dollars ($50.00) to the
City in an amount equal to the expected billings for such service(s) for three months at the
premises desired to be served. The City Treasurer shall determine this amount based upon
pertinent past service data and the information provided in the application for utility services
required by section 6-4-010. Such deposit shall be required unless the applicant is the owner
of the premises to which water service is to be provided or the applicant has had with the City
a water account at another premises serviced by the City water supply system within the past
two (2) five(5) years, one or more accounts for utility service, in his own name, and has had a
satisfactory payment record for the last twelve (12) months such accounts) was (were) in
effect. A satisfactory payment record shall be defined as one in which all payments were
Ordinance No. 729 Page 2 of 7
Adopted at the CIv . h. d 5 , 1999 regular meeting
made on or before the date due, for all accounts in effect during the aforementioned twelve
(12) months.
Section 4: Section 6-4-090 relating to deposit refunds and interest paid on deposits is
amended to read as follows:
6-4-090 DEPOSIT REFUNDS -INTEREST PAID ON DEPOSITS: Deposits collected
under the provisions of section 6-4-070 or section 6-4-220 of this Chapter shall be held by the
City until the payee requests discontinuance of water service or until the payee has attained a
satisfactory payment record for twelve (12) continuous moat c as defined in this Chapter.
Deposit refunds shall be in the form of a credit to the account of the payee. A cash refund
equal to the amount of the deposit plus interest earned and less any outstanding account
balance shall be paid upon discontinuance only. While any deposit is held by the City, the
City shall pay interest in the amount of one-half of one percent (0.5%) of the amount of the
deposit each month for an annual rate of six percent (6%). Interest shall be applied to the
account of the payee and paid in cash only upon discontinuance.
Section 5: Section 6-4-130, paragraph (A), relating to billing is amended to read as
follows:
6-4-130 BILLING:
(A) All charges for water and/or sewer service furnished by the City shall be billed directly
to the party
parties contracting to " e the cameowner of the premises or his legally
authorized agent, and in the absence of a written contract, to the party or parties occupying the
connected premises, who shall be liable jointly and severally.
Section 6:
follows:
Section 6-4-150 relating to turning water on or off is amended to read as
6-4-150: TURNING ON WATER, CHARGES - TURNING OFF WATER: Whenever
the owner er-essupantof any premises connected with the City water supply system; or his
legally authorized agent, desires to begin water service he shall notify the City Treasurer and
pay a turn on fee in the amount set from time to time by the City Council by resolution and
shall be charged the full monthly rate for the month in which service begins. Whenever the
owner er-esstipantof any premises connected with the City water supply system, and receiving
such water service, or his legally authorized agent. desires to discontinue such service, he shall
notify the City Treasurer. A fee shall be charged for such turn off in the amount set from time
to time by the City Council by resolution, and the full monthly rate shall be charged for the
month in which service is discontinued.
Section 7: Section 6-4-210 relating to delinquent bills, penalty, and turning off water is
amended to read as follows:
Ordinance No. 729 Page 3 of7
Adopted at the `c , 1999 regular meeting
6-4-210 DELINQUENT BILLS -PENALTY -TURNING OFF WATER: All bills for
water and sewer are due and payable on the first day of the month following the month in
which they are issued, and shall be delinquent at the close of office hours of the seventh
(7th)tenth day of the month in which such payments fall due; provided, that if such seventh
47th)tenth day of the month falls on a Saturday, Sunday, or legal holiday, then such bills shall
be delinquent at the close of office hours on the next succeeding business day. If not paid
before delinquency, a penalty of ten percent (10%) of the amount so due shall be added to said
amount due.
Section 8: Section 6-4-220 relating to delinquent accounts - turning on water and required
security deposit is amended to read as follows:
6-4-220 PAYMENT OF DELINQUENT ACCOUNTS - TURNING ON WATER;
INCREASED SECURITY DEPOSIT:
When water has been turned off because of delinquency in payment, water shall not be turned
on and new water or sewer service shall not be provided to any other property that the
customer owns until:
(A) such all delinquent water and sewer charges, including the delinquency charge of ten
percent (10%), monthly service charges and a charge in the amount fee set from time to time
by the City Council by resolution for shutting off and turning on the water, shall have been
added to the face of the delinquent bill and the entire sum paid; and:
(B) all other charges for water and sewer service until the date of shut-off owed on the
customer's account, even if not delinquent, are paid; and
(C) the customer pays a security deposit to the City in the amount computed by the City
Treasurer to be one hundred twenty-five per cent (125%) of the billings for water and sewer
service for three months to the premises, plus the fee set by the City Council for shutting off
the water, less any deposit the City is holding pursuant to section 6-4-070 of this Chapter.
Section 9: Section 6-4-260 relating to discontinuance of water service, pretermination
hearing, notifications, and appeal is amended to read as follows:
6-4-260: DISCONTINUANCE OF WATER SERVICE:
provisions of this Chapter, water service to any premises shall not bo discontinued until tho
(A) If an account remains unpaid thirty (30) days after it becomes delinquent as provided
in section 6-4-210 of this Chapter, the City ClerkTreasurer shall notify the owner of the
premises to which such water or sewer service was furnished, ore tenant thorof if tho
Ordinance No. 729 Page 4 of 7
Adopted at the , 1999 regular meeting
account be in his name, or his legally authorized agent, in writing of such delinquency, and if
such water or sewer bill is not paid in full within ten (10)twenty (20) days thereafter, water
service shall be discontinued. In addition to the requirements under paragraph (D) of this
section, written notification of shut-off shall be placed on the door knob, latch or other
conspicuous location at the serviced premises on the same day as mailed, unless such owner or
tenant requests a pretermination of service hearing.
(B) In the event a pretermination hearing is requested, such hearing shall be hold before
the City Council after a timely notice to such owner or tenant who shall have tho right to bo
represented by council and present witnesses in his behalf; a written record of such hearing
shall be kept by the City and a written decision stating the reason therefor shall be rendered by
the City Council within a reasonable time. An owner is entitled to an administrative
pretermination of service hearing, unless the subject of the dispute has already been reviewed
and a decision issued under the procedures set forth in section 6-4-240.
(1) In the event an owner desires a pretermination administrative hearing, the owner
or his legally authorized agent, within the ten (10) days described in paragraph (A) , must mail
or hand deliver to the City Treasurer, a written request for such hearing, stating as completely
as possible the basis for the dispute.
(2) Within five (5) days after receipt of a request, the City Treasurer shall schedule a
hearing before the City Manager or the City Treasurer, to be held within twenty (20) days
after such receipt. At the hearing, the owner or his legally authorized agent may be
represented by counsel and may present evidence relevant to the dispute, including witness
testimony, which if presented shall be tape-recorded.
(3) A written record of the hearing shall be kept by the City. A written decision based
upon the record shall be rendered within five (5) days after the hearing and the owner shall be
notified thereof. In the event an administrative decision cannot be made at such hearing
because of unusual facts or circumstances, within a reasonable time the City Treasurer shall
bring the matter before City Council in the manner set forth in paragraph (E).
(C) Water service shall not be discontinued pending such hearing. In the event of a
decision requiring payment of such bill or any portion thereof, the same must be paid within
seven (7)ten (10) days after service or mailing of notice of such decision to the owner or
tenant his legally authorized agent or water service shall be discontinued. Even if a decision
requiring payment is appealed to the City Council pursuant to paragraph (E), unless payment
is made in accordance with the decision, water service shall be discontinued after said seven
days.
(D) All notices required hereunder shall be in writing and shall be mailed by U.S. certified
mail, return receipt requested, with postage prepaid thereon to the mailing address for billings
and notifications as indicated on the executed Utility Service Contract or personally served
Ordinance No. 729 Page 5 of 7
Adopted at the f\\ L �,� , 1999 regular meeting
upon the owner Hof such premises or his legally authorized agent. Service shall be
deemed complete upon date of service or mailing.
(E) The owner er-tenalit of the premises involved shall have the right to appeal to the City
Council any adverse administrative decision by the City Manager or City Treasurer.
(1) In the event such appeal is desired, the owner of the premises or his legally
authorized agent must notify the City Treasurer in writing of such desire within thirty (30)
days after a decision is issued by the City Manager or the City Treasurer. Within five (5) days
after receipt of such notification, the City Treasurer shall schedule the matter as an agenda
item to be considered at a regular meeting of the City Council held within a reasonable time
after said receipt.
(2) The City Treasurer shall forward a copy of the written record and make available
any tape-recording of witness testimony to the City Council. The City Council shall make its
decision based upon the record developed before the City Manager or City Treasurer;
provided, however. the City Council may allow additional evidence to be produced if it finds
such evidence was not presented at the earlier hearing for good cause.
(F) The owner of the premises involved shall have the right to appeal to the District Court
from any adverse decision of the City Council. Each owner of premises receiving utility
service agrees as a condition of receiving such service to waive any right to appear in District
Court to settle a dispute arising from such service unless he first complies with the
administrative procedure set forth herein.
(F) A copy of this section shall accompany each notice of delinquency in payment for
water service given under the provisions of this section.
Section 10: Creating a new section 6-4-270 establishing a lien for delinquent charges:
6-4-270 LEIN FOR DELINQUENT CHARGES: In further consideration for the
provision of municipal utility services, an owner contracting with the City to have his
premises receive such services hereby expressly consents to the placement of a lien upon the
premises in the event charges for utility service become delinquent and either a hearing is not
requested in accordance with section 6-4-260 or an adverse decision is rendered by the City
pursuant to said section. Such lien shall be in the amount described in section 6-4-220,
paragraph (A). Included in the lien filed with the county recorder, there will be a service
charge in the amount of one hundred dollars ($100) that will be required to be paid in
satisfaction of full payment of the lien, such service charge being for the purpose of filing
expenses and labor incurred in the production of paperwork required for the lien.
Ordinance No. 729 Page 6 of 7
Adopted at the `r , (d4, caS , 1999 regular meeting
Section 11: Creating a new section 6-4-280 providing for criminal penalties for false
representations:
6-4-280 It shall be unlawful for any person who is not the legal owner of a specific real
property, receiving or requesting municipal utility services for such real property, to represent
upon an application for utility services or contract that such person is the legal owner of the
real property for which utility service is being requested; nor shall a person make any other
false representation for the purpose of receiving such services. Violation of this section shall
be considered a misdemeanor and shall be prosecuted as such.
Section 12: Severability.
This ordinance is hereby declared to be severable. Should any provision of this
ordinance be declared invalid by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect and shall be read to carry out the purpose(s) of the
ordinance before the declaration of partial invalidity.
Section 13: Repeal of Conflicting Provisions:
All provisions of the current McCall Municipal Code or ordinances of the City of
McCall that conflict with the provisions of this ordinance are hereby repealed to the extent of
such conflict.
This Ordinance shall take effect and be in full force upon its passage, approval and publication
in one issue of a newspaper of general circulation in the City of McCall.
APPROVED AND PASSED THIS
�Y10.A,t_,Q, a s
Kirk Eimers
Mayor
ATTEST:
Cherry Woodbury
City Clerk
Ordinance No. 729
, 1999.
Page 7 of 7
Adopted at the WN,, , 1999 regular meeting
APR. -09' 99 (FR1) 15 : 28 MOORE & MCFADDEN CTD
TEL:208 331 1202 P,001
• S u 1VIMARY OF
ORDINANCE NO. 729
AN ORDINANLE OF THE CITY OF McCALL, A MUNICIPAL CORPORATION OF TIM
STATE OF MAI.10, STATING A PURPOSE, REQUIR1N G THAT THE OWNER OF REAL
PROPERTY RECEIVING MUNICIPAL UTILITY SERVICES IS RESPONSIBLE FOR AND
ASSURES PAYMENT OF SUCH CHARGES, AMENDING TITLE VI, UTILITY
SERVICES; CHAPTER 4, CONTRACTS, BILLING AND COLLECTION; ENABLING
ADMINISTRATION; CREATING NEW SECTION 6-4-270, LIEN FOR DELINQUENT
CHARGES AND SECTION 6-4-280, CRIMINAL PENALTIES FOR FALSE
REPRESENTATION; PROVIDING SEVERABILITY; REPEATING CONFLICTING
PROVISIONS, AND PROVIDING AN BFFECTIVE DATE.
A Summary of Ordinance No. 729, adopted by the Mayor and Council of the City of
McCall on April ��, 1999, is as follows:
fhAr4
Section 1: States the purposes and intent of this Otciivance.
�,t�: Amends Section 6-4-010 of the McCall City Code relating to application
for utility service and states the requirements for applications including legal description,
purpose of utility, number of persons, the owner and agent or contractor:
,Section l• Amends Section 64-070 of the McCall City Code relating to required
deposits at three (3) months of the expected billings and allows for exceptions.
Section 4: Amends Section 6-4-090 of the McCall Csry Code relating to deposit
refunds which will be allowed with satisfactory payment or disconnection, and interest paid on
deposits,
Section S: Amends Section 6-4-130 of the McCall City Code telatiug to billing and
establishes billing directly to owner:
Sectiortf : Amends Section 6- 4--150 of the McCall City Code relating to turning
water on or off and established fees fog doing so.
,Section 7: Amends Section 6-4-210 of the McCall City Code relating to delinquent
bills, (on the 7th of the month), penalty (10%), and turning off water.
Section 8: Amends Section 6-4-220 of the McCall City Code relating to delinquent
accounts -turning on water, and requiring a security deposit of 125 % of three (3) months
service
Page 1
APR. -09' 99 (F..R[ ) 15: 28 MOORE & MCFADDEN C T D
1
TEL ! 208 331 1202
Section 9: Amends Section 6-4-260 of the McCall City Code relating to
discontinuance of water service, preterrnination hearing, the time frames and manner of notice,
notifications, and establishing appeal procedures to City Treasurer or Manager and then to
Council.
Section IP: Creates a new Section 6-4-270 establishing an automatic consensual lien
for delinquent charges.
aection 11: Creates a new Section 6-4-280 of the McCall Cily Code, providing for
misdemeanor criminal penalties for false representations_
Section 12: Provides that should any portion of this Ordinance be declared invalid by
a court of competent jurisdiction, tiro itiva,ining provisions shall continuo .in flail force and
effect and shall be read to carry out into the purpose(s) of the ordinance before the declaration
of partial invalidity_
&c kin 13: Repr.als all provisions of current McCall Municipal Code or ordinances
of the City of McCall that conflict with the provisions of this ordinance.
The full text of Ordynare, No. 729 is available for public inspection during normal
office hours at the office of the City Clerk.
DATED the el day of April, 1999.
ATTEST:
CITE' OF McCALL
Vd11ey County., Idaho
By
Page 2
Mayor
. . APR. -09' 99 (FRI )15:29 MOORE & MCFADDEN CTD
TEL:208 331 1202 P, 003..
CERTIFICjTIOST OF CI IAEL Y
As city attorney for and legal advisor to the City of McCall, Idaho, I hereby ceriii r
that I have reviewed tine foregoing Suuunaty of Ordiriancc No, 729 of the City of 14lcCall,
adopted on April , 1999, and that the same is true and complete and provides adequate
notice to the public of they_
contents of the ordinance,
DATED this Q " day of April, 1999,
a
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