HomeMy WebLinkAbout1985-2904 CHANGING UTILITY DEPOSITS ORDINANCE NO. 2904
AN ORDINANCE relating to public services and utilities; amending
Sections 7.68.015 and 7.68.215, repealing Section
7.68.271, and enacting Chapter 7.50, Utility Depos-
its, as a new chapter and sections, all of the City
of Yakima Municipal Code.
41 1 BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 7.68.015 of the City of Yakima Munici-
pal Code is hereby amended to read as follows:
"7.68.015 Applications. A. Water Service In-
stallation. All applications for service installa-
tions for water service shall be made at the office of
_ the water department on printed forms furnished by the
water department, and shall contain the name of the
owner, an account number, and when possible a descrip-
tion of the property, lot, block, and addition, name
of the street upon which the property fronts and the
official 1street number assigned to the premises as
shown by the records in the office of the city engi-
neer, and the signature of the applicant agreeing to
conform to the rules and regulations of the water
department that may be established by the city as con-
ditions for the use of water.
All applications for service installations shall
be made by the owner of the property to be served, or
by his duly authorized agent, and shall state the size
of service connection required, and the applicant
shall at the time of making application pay to the
city treasurer the amount of the fees or deposit
required for the installation of the service
connection as hereinafter provided."
Section 2. Section 7.68.215 of the City of Yakima Munici-
pal Code is hereby amended to read as follows:
"7.68.215 Suspension and resumption of service.
A. Utility service to any temporarily un-
occupied premises will be suspended on the tele-
phonic or personal request of the consumer made
to the office of the division of utility account-
ing, and charges for utility services for such
unoccupied premises will be suspended until the
consumer requests resumption of service by tele-
phonic or personal notice to the office of the
division of utility accounting; provided, when
the resumption of service is at the request or
for the benefit of the consumer served at the
time of the suspension of service, a resumption
of service fee of three dollars shall be charged
to and collected from such consumer on a subse-
quent billing, and all Other normal service
charges will be resumed at the time of the
resumption of service.
B. In the event utility service is suspen-
ded as provided in Subsection A of this Section,
and application for such service is made by some-
111 one other than the consumer at whose request the
service was discontinued, the application for
utility service should be made in accordance with
Chapter 7.50, Utility Deposits."
Section 3. Chapter 7.50, Utility Deposits, is hereby en-
acted as a new Chapter and sections of the City of Yakima Muni-
cipal Code to read as follows:
0%
• "CHAPTER 7.50
UTILITY DEPOSITS
7.50.010 Applications For Utility Service.
A. Domestic water, sanitary sewer and
refuse service furnished by the City of Yakima
are not deemed by the City of Yakima to be a
customer's right or entitlement.
B, Application for domestic water, sanitary
sewer and refuse service, or any combination of
services, shall be made to the division of util-
ity accounting of the department of finance and
budget by the owner of the premises to be served,
his duly authorized agent, or by a tenant or oc-
cupant of the premises to be served. Such appli-
cation shall be made in person or by letter.
7.50.020 Deposits.
A. Deposits Re•uired. At the time of ap-
plication for utility service the director of the
department of finance and budget, •hereafter
called director, or his designee shall require an
applicant for domestic water service, sanitary
sewer service, refuse service or any single or
combination of these services, who is someone
other than the owner of the premises to be ser-
ved, to deposit with the City of Yakima an amount
of money to be held as security for the payment
of all bills and claims for such utility service.
Such deposit shall be an amount equivalent to a
four month domestic water, sanitary sewer and
refuse service charge at the premises based upon
an average of the preceding twelve months. An
applicant, other than the owner of the premises
to be served, shall make a deposit or satisfy the
credit policy described in Subsection B of this
Section before utility service will be furnished.
The City may disconnect the customer's domestic
water service for failure to pay a deposit when
required pursuant to Subsection C of this
Section.
B. Deposit Criteria. An applicant, who is
someone other than the owner of the premises to
be served, shall make a money deposit with the
City whenever the director or his designee
determines there is a possibility of financial
risk to the City through an extension of utility
services. Such determination shall be made based
upon the financial status or utility service
record of a non-owner applicant and shall be
based upon the following criteria:
1. The applicant had prior utility service
with the City of Yakima during the previous
twenty-four consecutive months and for at least
twelve months during which service was rendered
the applicant received no more than one
suspension notice or
2. The applicant gives to the director or
his designee written, proof of utility service in
another jurisdiction for the same period as re-
quired in Subsection B 1 of this section with
proof of a satisfactory payment record of the
same level as required in Subsection B 1 of this
section for the same twelve month period.
The director or his designee may temporarily
commence water service pending payment of a de-
posit or verification of deposit criteria.
C. Customer Deposits. A customer, other
than the owner of the premises served, shall pay
a deposit as provided in this section when the
customer's water service has been disconnected
for non-payment twice in any twelve month period;
or the customer has filed for bankruptcy so as to
have required the City of Yakima to file its
proof of claim for utility services, except for
Chapter 13 wage earner plans.
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D. Customer Hearing. At least ten days
prior to the termination of a customer's utility
service for failure to pay a deposit where ser-
vice has been established, the customer service
manager or his designee shall mail a written
notice to the customer at his mailing address
shown on his application for utility service in-
forming him of the date of termination of ser-
vice, the reasons therefore and his right to a
hearing before the customer service manager or
• his designee prior to such termination of utility
service. In the event such a customer makes a
request for hearing prior to the actual termina-
tion of utility service, the customer service
manager or his designee shall conduct a hearing
and notify the appellant, in writing, of the
time, date, and place of such hearing. Pending
the outcome of such hearing, utility service
shall not be suspended. The customer service
manager or his designee may hold the hearing as
provided herein at the same time as the hearing
provided in Section 7.68.025 of the City of
Yakima Municipal Code.
E. Deposits In Interest Accounts. The
director shall place all deposits in an interest
bearing account. A final bill for domestic water
service, sanitary sewer service, and/or refuse
service, as the case may be, shall be deducted
from such deposit and any surplus, plus six per-
cent simple interest upon the original deposit
amount from the date the deposit was received by
the City, shall be paid to the customer.
F. Refund Of Deposits. A customer who has
paid a deposit shall be entitled to a refund of
such deposit, plus six percent simple interest
from the date the deposit was received by the
City, under the following circumstances:
1. The customer makes a written request to
the customer services manager or his designee;
2. The customer proves his identity to the
satisfaction of the customer services manager or
his designee; and
3. The customer has achieved a twelve con-
secutive month or longer utility service history
at the premises for which the deposit was made
and during the previous twelve month period he
has received no more than one delinquency notice
concerning which utility service was not termi-
nated."
Section 4. Section 7.68.271 of the City of Yakima Munici-
pal Code is hereby repealed.
Section 5. This ordinance shall be in full force and
effect thirty days after its passage, approval and publication
as provided by law and by the pity Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 24th
day of September , 1985.
110
Mayor
001!
ATTEST:
City Clerk Publication Date SEP 2 7 1985-.
OCT
Effective Date
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