HomeMy WebLinkAboutOrdinance 1632ORDINANCE N0. 1632
AN ORDINANCE REVISING CODE PROVISIONS RELATING
TO TERMINATION OF CITY SERVICES FOR NONPAYMENT
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS
FOLLOWS:
Section 1. Section 13.04.110 of the Central Point Municipal
Code is hereby amended to read as follows:
13.04.110 Unpaid Accounts. In the event of unpaid charges
for water service, connecting service, or reconnecting service,
the City may apply any deposit to said unpaid charges, terminate
service to the account premises in accordance with this
ordinance, or place a lien upon the account premises in
accordance with this ordinance. These remedies shall be non-
exclusive and independent o£ each other.
A. Application of Deposit to Account or Termination of
Service. In the event the City intends to apply a deposit to an
unpaid account or to terminate service because of an unpaid
account, the following procedure shall be followed:
(1) A notice shall be sent to the customer at the
address to which billings have been mailed and at the address o£
the premises where the service is provided; provided, however,
that if they are the same, only one notice need be sent.
(2) The notice shall state the City's intention to
terminate service or apply the deposit to the account 10 days
after the date of the mailing of the notice, and shall also
contain the following language:
"If you feel that there is a mistake on your bill or if
you wish to dispute that you owe the amount o£ your
bill, or you wish to dispute the termination of
service, you may do so by appearing at the customer
counter at Central Point City Hall during designated
office hours prior to the expiration of 10 days from
the date o£ the mailing of this notice".
(3) In the event a customer remonstrates against the
intended application o£ the deposit or termination o£ service,
the City Administrator or his designee shall provide an
opportunity to the customer to be heard in a conference prior to
application of the deposit to the charge or termination of
service.
(4) The City Administrator or his designee shall,
following the passage of 10 days from the date of the mailing of
ORDINANCE NO. 1632 _ 1
(TERMINATE.ORD - 041990)
said notice, or following the conference referred to hereinabove
if one is requested and attended, or following the date scheduled
for said conference if one is requested and the customer fails to
attend, have the authority to apply the deposit to the unpaid
account or terminate service upon a finding that the charges have
been accurately stated and have remained unpaid for a period of
more than 30 days after the earliest of said charges was billed.
B. Regardless of whether the procedures set forth in
paragraph A hereinabove have been undertaken, any unpaid charges
shall become a lien upon the property serviced in favor of the
City, from and after the date of billing, as reflected by the
City's records, until paid. Such liens may be foreclosed in the
manner provided for by ORS 223.610 or in any other manner
provided for by law or City ordinance. The dates of billing and
the amounts of such unpaid charges shall be certified to by the
City Administrator and docketed in the City's lien docket prior
to foreclosure, with notice of said lien to be sent by certified
or registered mail, return receipt requested, to the billing
address of the customer and to the address to which the service
has been provided; provided, however, that if the addresses are
the same, only one notice need be sent. A notice shall also be
sent to the owners of any interests of record in the real
property as shown in the records of the Jackson County Assessor's
Office as of the date of the filing of the lien in the City's
lien docket. Said notice shall advise the recipients thereof of
their right to appear before the City Council at the next
regularly scheudled council meeting and to remonstrate against
said lien; unless and until the City Council shall direct removal
of said lien, or any part thereof, following said remonstrance,
or until payment, said lien shall remain in full force and effect
from and after the date docketed by the City Recorder.
Section 2. Section 14.12.150 of the Central Point Municipal
Code is hereby amended to read as follows:
14.12.150 Un aid Accounts. In the event of unpaid charges
for sewer service, connecting service, or reconnecting service,
the City may apply any deposit to said unpaid charges, terminate
service to the account premises in accordance with this
ordinance, or place a lien upon the account premises in
accordance with this ordinance. These remedies shall be non-
exclusive and independent of each other.
A. Application of Deposit to Account or Termination of
Service. In the event the City intends to apply a deposit to an
unpaid account or to terminate service because of an unpaid
account, the following procedure shall be followed:
(1) A notice shall be sent to the customer at the
ORDINANCE NO. 1632 - 2
(TERMINATE.ORD - 041990)
address to which billings have been mailed and at the address of
the premises where the service is provided; provided, however,
that if they are the same, only one notice need be sent.
(2) The notice shall state the City's intention to
terminate service or apply the deposit to the account 10 days
after the date of the mailing of the notice, and shall also
contain the following language:
"If you feel that there is a mistake on your bill or if
you wish to dispute that you owe the amount of your
bill, or you wish to dispute the termination of
service, you may do so by appearing at the customer
counter at Central Point City Hall during designated
office hours prior to the expiration of 10 days from
the date of the mailing of this notice".
(3) In the event a customer remonstrates against the
intended application of the deposit or termination of service,
the City Administrator or his designee shall provide an
opportunity to the customer to be heard in a conference prior to
application of the deposit to the charge or termination of
service. The City Administrator or his designee shall, following
said conference, have the authority to apply the deposit to the
unpaid account or terminate service upon a finding that the
charges have been accurately stated and have remained unpaid for
a period of more than 30 days after the earliest of said charges
was billed.
B. Regardless of whether the procedures set forth in
paragraph A hereinabove have been undertaken, any unpaid charges
shall become a lien upon the property serviced in favor of the
City, from and after the date of billing, as reflected by the
City's records, until paid. Such liens may be foreclosed in the
manner provided for by ORS 223.610 or in any other manner
provided for by law or City ordinance. The dates of billing and
the amounts of such unpaid charges shall be certified to by the
City Administrator and docketed in the City's lien docket prior
to foreclosure, with notice of said lien to be sent by certified
or registered mail, return receipt requested, to the billing
address of the customer and to the address to which the service
has been provided; provided, however, that if the addresses are
the same, only one notice need be sent. A notice shall also be
sent to the owners of any interests of record in the real
property as shown in the records of the Jackson County Assessor's
Office as of the date of the filing of the lien in the City's
lien docket. Said notice shall advise the recipients thereof of
their right to appear before the City Council at the next
regularly scheudled council meeting and to remonstrate against
said lien; unless and until the City Council shall direct removal
of said lien, or any part thereof, following said remonstrance,
or until payment, said lien shall remain in full force and effect
from and after the date docketed by the City Recorder.
ORDINANCE NO. 1632 _ 3
(TERMINATE.ORD - 041990)
Passed by the Council and signed by me in authentication of
</i
its assa e this r'~~ ~ a of //,~-°
B g ~ Y / ,J <_ 1990.
ATTEST: ' Mayor
Designated City Officer
- !~
APPROVED by me thiy ~~~day of ; ~~-ice 1990.
~- ,
Mayor ;" , ~
ORDINANCE NO. 1632 _ 4
(TERMINATE.ORD - 041990)