809 Add New Subsection 13.04.253CITY OF YELM
ORDINANCE NO. 809
AN ORDINACE amending Yelm Municipal Code Title 13, by adding a
new Subsection 13.04.253 addressing utility bill leak adjustments, adding
clarifying language in Subsection 13.04.270 concerning utility deposit
interest and declaring an effective date.
WHEREAS, the City of Yelm has traditionally adjusted utility bills for leak
adjustments; and
WHEREAS, a written policy would provide guidance and consistent application of
leak adjustments; and
WHEREAS, Yelm Municipal Code lacks clarification concerning City retention of
interest earned on utility deposits as identified in the Attorney General's Memorandum
dated July 28, 1997;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM,
WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Adding Subsection 13.04.255, Adjustment of utility bills, to the Yelm
Municipal Code.
13.04.255 Adjustment of utility bills
A. The City Administrator, or his designee, is empowered to resolve billing disputes
upon receipt of request to do so from a city utility customer. Upon receipt of such notice
from the customer, the City Administrator, or his designee, shall review the bill with the
customer to see if the amount is justly owed. The customer shall have the right to have a
meeting to bring forth reasons and evidence why such bill should not be due and owing.
B. When any customer, in any given billing period, has used according to the water
meter a quantity of water which is more than double the average amount of water used
on such premises in similar billing periods in prior years, and the water consumption is
solely caused by a broken water pipe on the user's premises, the customer may make
an application to the treasurer in writing for a reduction of the billing.
1. If the application states a broken pipe on the customer's premises caused
a large consumption of water, the existence of a broken pipe shall be verified by
inspection by the public works employees. If it is established by presenting acceptable
documentation demonstrating to the City that such broken pipe has been repaired, a
reduction of the water bill to an amount that is the average of the prior four months plus
one-half of the difference between the average and the existing disputed bill.
2. The reduction provided for this section shall not be allowed if such excess
water consumption is due to a customer's neglect or failure to repair the broken pipe. A
reduction in billing shall not be permitted if such excess consumption is due simply to
leaky faucets or other plumbing fixtures.
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D. Irrigation systems are specifically excluded from any adjustments due to leakage.
E. In newly developed property which does not have a prior service record the
appropriate water service charge will be based upon the charges for a similar type of
water service and occupancy for the proceeding year.
C. The application by the customer shall be on the forms provided by the City.
Section 2. Subsection 13.04.270 and Ordinance No. 384 (1990) are amended as
shown.
13.04.270 Service -Cash Deposits
Water consumers shall be required to make a cash deposit with the city
clerk/treasurerbased upon an estimate of the monthly consumption at the premises
served but in no case shall such deposit be less than $40.00. Anv interest accrued on
' itv deposits is retained by the Citv. All such deposits shall be maintained in a separate
fund of the city until termination of service, and shall be returned to the customer after all
claims the city may have against the premises occupied by such customer have been
fully paid or until written request is received from a customer who has maintained a good
payment history for a minimum of two years as set forth in policies on file with the city
clerk/treasurer's office. (Ord. 384 § 1, 1990).
Section 3. This ordinance shall be in effect and be in force five days following
passage and publication.
Rivas, Mayor
Authenticated:
Agnes P. Bennick, City Clerk
PASSED AND APPROVED: July 28, 2004
PUBLISHED: Nisqually Valley News, August 6, 2004
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