13.34.070 Discontinuance of service by utility and voluntary payment plan.
A. In addition to the city’s lien authority, the city may refuse to supply, or may discontinue service to, any customer for violation of this title or LMC Title 14.
1. When any amount of outstanding balance remains delinquent 20 days after two billing cycles (approximately four months), the director of public works shall notify by first class mail sent to the customer at the service address and the property owner if different that the account is delinquent and that the water is scheduled to be shut off 13 days after the date of such delinquency notice. The director of public works is directed to shut off water as described in the delinquency notice until all charges have been paid, or a voluntary payment agreement has been executed; provided, that if a state declaration of emergency has been issued and the nonpayment is due to the emergency, the director of public works shall have the discretion to delay or suspend termination of water service.
2. A discontinuance of service pursuant to this section shall not release the customer from the obligation of paying utility charges and fees. Except for discontinuance of service pursuant to LMC 13.34.080, billing of utility charges shall continue during the period that water service is discontinued.
3. The utility may refuse or discontinue service to any customer who requires or uses such volume of water that water service to any other customer may be thereby impaired.
4. The utility shall discontinue service to any customer who makes an unauthorized connection to a city water or sewer line, bypasses a city water meter, or in any other way steals city water or sewer services.
B. Voluntary payment plans shall be available in recognition of households with limited financial means to eliminate past-due account balances, the need to ensure the utilities’ financial sustainability, and the need to minimize undesirable impacts upon future utility rates.
1. A customer with a past-due account balance may request approval of a voluntary payment plan. While a voluntary payment plan is in effect, the city of Lynnwood shall not:
a. Impose monetary penalties or delinquent charges as otherwise authorized by LMC 13.34.030.
b. Impose utility lien(s) upon the property as otherwise authorized by LMC 13.34.060.
c. Discontinue water service as otherwise authorized by this section.
d. As allowed by applicable law, impose interest accrued upon the past-due account balance.
2. While a voluntary payment plan is in effect, the customer shall:
a. Pay the full amount of charges due for the most recent and each subsequent bimonthly billing cycle; and
b. Every two months, either coinciding or alternating with the above payment, pay not less than 10 percent of the past-due account balance.
3. In the event the customer fails to comply with the provisions of the voluntary payment plan, the voluntary payment plan shall be deemed null and void. In the absence of a voluntary payment plan, the city may impose monetary penalties and interest, impose liens, discontinue water service, and use other measures to collect an unpaid account balance.
4. The city reserves the right to deny a request for a voluntary payment plan.
C. Discontinuance of service for any cause stated in this section shall not release the customer from his obligation to the city for payment of bills or charges.
D. Whenever service has been discontinued as provided in this section, and before service is restored, in addition to charges as provided in subsection (A) of this section, the utility may require the customer to make a deposit of $50.00. The deposit may be held for up to two years depending on account history and used at any time to offset outstanding balances due, should they reoccur. Upon transfer of the account to a new owner, any unused deposit will be returned to the depositor. Restoration of service at the customer’s request and after payment of all bills due shall be done at the convenience of the utility.
E. Except as provided by LMC 13.34.080, a fee may be charged for shutting off and turning back on water service when necessitated by the provisions of this chapter or at the request of the customer. The fee shall be as provided by Table 13.34.070E.
|
Time When Trip to Account Location Occurs |
Charge for Each Occurrence |
|---|---|
|
8:00 a.m. – 5:00 p.m. Monday – Friday except holidays |
$35.00 |
|
All other times including holidays |
$85.00 |
(Ord. 3393 § 2 (Exh. B), 2021; Ord. 3024 § 14, 2013)