HomeMy WebLinkAbout4126 AN ORDINANCE establishing new procedures for ~~%
termination of water services and repealing B.M.C.
§15.04.184, §15.04.188, and §15.04.410.
THE CITY OF BREMERTON DOES ORDAIN:
SECTION 1: B.M.C. S15.04.184, §15.04.188, and
§15.04.410 are repealed and the following new sections of B.M.C.
15.04 are hereby adopted:
15.04.181 - DEFINITIONS - As used in Sections
15.04.182-.186, the following definitions apply:
1. "Delinquent account" is a utility bill which
remains unpaid after the statement due date.
2. "Customer" is any person, partnership, firm,
corporation, cooperative organization or governmental
agency, who is receiving service from the Utility or
has completed an application to the Utility for
service.
3. "Written complaint" means a short and plain
statement of a claim showing that the customer is
entitled to relief.
4. Terms not defined in this section are to be
given that meaning usually accepted in the Utility
industry.
15.04.182 - TERMINATION OF SERVICE - The Utility
Department may terminate water service for any reasonable cause
including, but not limited to, the following:
1. When an account becomes delinquent.
2. For use of water for purposes or properties
other than that specified in the application.
3. For wilful waste of water through improper or
imperfect piping, equipment, or otherwise.
4. When the customer's piping or equipment does
not meet the utility's standards, or fails to comply
with other applicable codes and regulations.
5. For tampering with the Utility's
property.
1
6. Refusal to comply with the provisions of
Section 15.04.340 (Access to Premises).
7. For violation of rules or service agreements.
8. For use of equipment which adversely affects
the utility's service to its other customers.
9. For the fraudulent obtaining or use of service.
15.04.183 - NOTICE OF PROPOSED TERMINATION -
A. Before service may be terminated, the Utility
shall give written notice of proposed termination to the party in
whose name the billing address is listed and, if such is not the
service address, notice shall also be sent to the service
address.
B. Written notice shall be sent by first class mail
and shall contain the following information:
(1) Date of the proposed termination no sooner
than ten (10) days from notice;
(2) Statement of the reasons for proposed
termination of service;
(3) Statement of what may be done to avoid the
shut off of water;
(4) Statement that the written notice to the
service address, if different than the billing address,
is not a bill;
(5) Statement that the customer may file a
written complaint; and
(6) Statement of the right of the account holder
to dispute the proposed termination by contacting:
i. Customer relations staff of the Utility.
15.04.184 - TERMINATION PROCEDURE -
A. The Utility shall go to the service address ten
(10) days following the written notification of proposed
termination and hang a final notice of termination on the door of
the residence.
B. This notice shall contain the following
information:
(1) The reasons for the termination of service;
(2) The time when the water will be shut off, which
shall be at least 48 hours from the final notice;
(3) A statement of what may be done to avoid
the shut off of water;
(4) A statement that the customer may file a written
complaint; and
(5) A statement of the right of the account holder
to dispute the termination by contacting:
i. Customer relations staff of the Utility;
C. If, after considering the customer's written
complaint the Utility determines that service should be shut off,
a written notice shall be sent containing the following
information:
(1) The decision by the Utility to shut off
service because of violations of Section
15.04.182.
(2) A rescheduled time when service will be shut
off, no sooner than fourteen (14) days following denial,
if the the deficiencies under Section 15.04.182 are not
corrected; and
(3) A statement that the customer aggrieved by
the decision of the Utility personnel may file
a written appeal with the Bremerton Municipal Court,
Kitsap County, Washington, within fourteen (14) days.
15.04.185 - APPEAL TO MUNICIPAL COURT -
Bremerton Municipal Court, shall have jurisdiction to
receive and rule on appeals from customers aggrieved by the City
Utility's decision to shut off water after a written complaint
has been denied by the department. The Court shall schedule a
hearing on the appeal within thirty (30) days. However, the
Court, in its discretion~ may assign the appeal to the Office of
the Hearing Examiner.
The administrative appeal under this Chapter shall be
conducted according to procedures of municipal code
2.84.080-.230, provided the hearing shall be set within thirty
3
(30) days of filing and the filing fee shall be twenty-five
dollars ($25.00) whether heard by the Court or Hearing Examiner.
15.04.186 - EMERGENCY TERMINATION - Nothing herein
shall require said notice to be given in cases of consent,
emergency, or as may be required for repairs at the direction of
the director.
APPROVED by the City Council on the first reading this ~'-~
day of , 1987.
PASSED by the City Council of the City of Bremerton this
~.~ day of ~?< ~,~. , 1987. y ~/ ~
~'~Y~fNCER HO .R~ Cjn
P~esident, City cil
APPROVED this ~ ~ day of l[~ z~ Z<A.~ , 1987.
LOBE, Mayor
ATTEST:
KATHLEEN L. McCLUS~Y, ~lerk