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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 Page 4