A. The purpose of this chapter is to provide residential customers with information concerning the credit policies of the city of Kalama and to advise them of their rights and duties as a city customer.
B. The credit policies set forth in this chapter represent a good faith effort by the city in collecting bills for utility services and the interests of its customers in paying its bills. We believe that the credit policies of the city are as generous and liberal toward our customers as the policies of any other comparable business or utility.
C. The city bills residential customers every two months. Residential customers are afforded a reasonable time to pay their bills and the opportunity to make arrangements for payment if they are temporarily unable to pay their bill in full. Customers have an opportunity to contest any billing through an informal conference with the clerk-treasurer and the right to appeal to the mayor. At the same time, sound business practices and fairness to all require that the city make reasonable collection efforts, including disconnection of service for nonpayment. These policies and procedures are explained in more detail later in this chapter. (Ord. 1090 § 15, 2002: Res. 171 § 1 (part), 1980).

A. Unless a waiver is obtained from the Kalama city council, each premises served by the Kalama public water supply system shall be separately metered whether or not such premises are located on a separate legal lot. The director of the Kalama public works department shall approve all meters to be installed by any user. The director shall have the power both to require an existing owner, at the owner’s expense, to employ a qualified repair person to repair a malfunctioning meter and to replace or repair meters which do not accurately measure all water usage of the customer in a manner satisfactory to the director of the public works department consistent with American Water Works Association standards.
B. No plumber or other person will be allowed to make connections with the city mains or to make alterations in any conduit pipe or other fixture connecting therewith or to connect pipes where they have been disconnected, or to turn off or turn on water at the meter, on any premises without permission from the department of public works.
C. Any person making unauthorized connections between the supply main and the meter will be guilty of a misdemeanor and upon conviction thereof shall be punished as for other misdemeanors as provided by law. (Ord. 1093 § 1, 2002: Res. 387 § 7, 1999; Ord. 739 § 1, 1987: Res. 200 § 1, 1982).

A. Customers who are supplied by meters shall keep their premises adjacent to the meter free from all rubbish, material of any kind, structures, fences, or domestic animals which would prevent employees of the department of public works from accessing the meter.
B. The service pipe between the meter and point of customer usage must be kept in repair by the owner or occupant of the premises who will be responsible for all damages resulting from breaks therein.
C. No person supplied with water from the city mains will be entitled to use for any other purpose than those stated in his application, or to supply in any way any other persons or families.
D. It is unlawful for any person to interfere and/or tamper with, break, deface, or damage any water meter, gate valve, pipe, or other waterworks appliance, appurtenance or fixture or in any other manner interfere with the proper operation of any part of the water system of the city and anyone found violating any of these provisions, unless otherwise provided for, shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as for other misdemeanors as provided by law. (Ord. 1093 § 2, 2002: Ord. 171 § 1 (part), 1980).

Generally speaking, the city does not require security deposits of new residential customers; instead, the city presumes all customers will pay their bills promptly. The city may, however, require a security deposit if the customer’s credit rating, as maintained by the city, so dictates. Security deposits may be required under the following circumstances: bankruptcy, account assigned for collection, unpaid balance at previous address, and present credit history. (Ord. 171 § 1 (part), 1980).

Residential customers are billed every two months. Commercial and industrial customers are billed monthly. Bills are mailed first-class to the mailing address provided by the customer, and a customer’s failure to receive a bill does not release the customer from paying the bill when due. Bills become past due twenty days after the period for which water or sewer service was furnished. If a customer disputes the amount of a bill or wishes to make arrangements for payment, the customer has the right to an informal conference with the clerk-treasurer, who is the person responsible for billing and collections for water and sewer service. (Ord. 1090 § 16, 2002: Ord. 786 § 2, 1991: Res. 171 § 1 (part), 1980).

All customers have the right to an informal conference with the clerk-treasurer. The clerk-treasurer shall have authority to make arrangements for deferred payments by the customer and to consult with the council to adjust any questions concerning billing. The conference may be in person at the city’s office in Kalama or by telephone at 673-3265. The informal conference must be during regular business hours: eight thirty a.m. to five p.m., Monday through Friday. The customer may be represented by counsel and shall have a full opportunity to present his or her position. The clerk-treasurer shall advise the customer promptly of the reasons for the city’s action on the customer’s inquiry. (Ord. 1090 § 17, 2002: Res. 171 § 1 (part), 1980).

The clerk-treasurer will endeavor to permit arrangements for deferred payments by customers who are unable to pay the full amount of their current bill due to bona fide temporary financial difficulty. A number of factors will be considered in determining the deferred payment program available to the customer, including the size of the delinquent account, the time the bill has been unpaid, the customer’s past credit history with the city and the customer’s present financial situation. Arrangements for the deferred payment may not be available to customers who have not fully and satisfactorily complied with a previous arrangement or to customers who have been repetitive credit problems to the city. (Res. 171 § 1 (part), 1980).

A. Appeals of Bills. A customer who is not satisfied with the outcome of the informal conference has the right to appeal to the mayor. The customer must appeal within five working days of the informal conference. The notice of appeal must be submitted to the city clerk by mail, in person, e-mail or by fax on or before 5:00 p.m. on the last day of the appeal period. The written notice of appeal must set forth the reasons for the customer’s appeal
B. Hearing. The hearing shall take place during regular business hours. The date and time of the hearing will be scheduled by the city clerk
C. Recording. A tape recording will be made of the hearing.
D. Conduct of Hearing. The customer or customer’s attorney shall make the initial presentation to the mayor of the evidence supporting the appeal. If the customer needs copies of the city’s records in order to support the appeal, such records must be requested under the Public Disclosure Act prior to the hearing. The city has no obligation to provide records on the date of the hearing, or to provide records that are not subject to disclosure under the Public Disclosure Act. Both the customer and the mayor may question any witness.
E. Written Decision. Within fifteen days after the hearing, the mayor shall issue a written decision, which shall be sent to the customer by certified mail at the customer’s address on the day the decision issues. The written decision shall include the reasons for the mayor’s decision, any payment schedule, as well as the final disposition of the appeal.
F. Enforcement of Decision. If the customer is required by the mayor’s decision to make payments to the city, the customer shall make such payments on the deadlines established in the decision. If the payments are not timely made, the city may disconnect service in accordance with the procedures set forth in Chapter 12.16 KMC, in addition to any other legal means available to the city to obtain reimbursement for utility service. The mayor’s decision is the final decision of the city on billing disputes, and there are no further administrative appeals of this decision. (Ord. 1111, § 3, 2002: Res. 171 § 1 (part), 1980).

A. When decision may be appealed to the city council. If a decision in Title 12 KMC specifically allows an administrative appeal to the city council, the following procedure may be used.
B. Appeal. An aggrieved person or entity desiring to file an appeal must file an appeal statement, which shall include the following, at a minimum: (1) the appellant’s name, address and phone number; (2) identification of the decision that is the subject of the appeal; (3) a statement of grounds for the appeal (why the appellant believes the decision was wrong) and the facts upon which the appeal is based; and (4) the specific relief sought. The city council may be an “aggrieved entity” under this section.
C. Time to File. An appeal must be filed within five (5) working days after the subject decision. Appeals shall be delivered to the city clerk by mail, personal delivery, or fax on the last day of the appeal period.
D. Hearing. The city’s administrative record of the decision, together with the appeal statement shall be forwarded to the city council. Appellants may present additional written materials to the city council during the appeal or testimony. The city staff shall make a presentation including an identification of the decision, general background and issues in dispute. The council may accept materials or testimony from any member of the public.
E. Deliberations. After the public hearing is closed, the council shall deliberate on the appeal and vote. The council may affirm, modify or reverse the administrative decision subject to the appeal.
F. Final Decision. The city council shall ask that the city staff prepare the necessary written decision, which shall be presented to the city council at the council’s next regularly scheduled council meeting. (Ord. 1111 § 5, 2002: Res. 171 § 1 (part), 1980).

A decision made by the city council pursuant to KMC Section 12.20.070 is the final decision of the city, and there is no further administrative appeal. (Ord. 1111 § 7, 2002: Ord. 912 § 10, 1995: Res. 171 § 1 (part), 1980).

Service that has been disconnected for nonpayment of amounts due the city or violation of city service policies will not be restored until the situation resulting in the disconnection has been resolved to the satisfaction of the city. There will also be a reconnection charge of fifteen dollars. (Res. 171 § 1 (part), 1980).