8.05.320 Billing procedure.
(1) The charges for solid waste collection and disposal shall be compulsory and universal and shall be billed by either the Finance Department or the City’s contractor. Such charges may be included with the billing for water and sewer utility service if the City does the billing. The charges shall be paid to the City or its contractor, depending upon who does the billing, by the person responsible for the water and sewer utility billings. In the event the solid waste disposal customer does not receive City water or sewer service, the owner of the property to be served is responsible for the charges. Charges shall be paid not later than the date payment is due after billing and after services received, and, if not so paid, the charges shall be deemed delinquent.
(2) In the event of delinquency, charges for solid waste collection and disposal shall become a lien against the property. The City’s contractor for solid waste collection services shall have the authority as the City’s assignee to foreclose any such lien per the procedure set forth in RCW 35.21.140. If an account is delinquent for two months or more the customer may be charged, after written notice thereof, interest at the rate of 12 percent per annum from the date of delinquency or $0.50, whichever is greater. The customer is always responsible for any costs of collection, including attorney’s fees. Billings for commercial accounts should be mailed to the tenant in possession unless special instruction to the contrary is received from the owner. Billings for a residence or a multifamily residence may be charged to the tenant in possession of the premises provided prior written authorization has been given by the property owner and any required deposit has been made. The person receiving the billing is also responsible for the charges.
(3) If the City’s contractor does the billing, he may terminate service to a customer under the following circumstances:
(a) In order to invoke the right to refuse to collect solid waste, the contractor must provide to the City in writing, stating on oath, the name and location on the delinquent account, the amount of the delinquency, that the amount is delinquent by two months or more, that the customer has been sent one bill and two reminders, that the contractor has received no word from the customer as to special payment problems the customer may be having, and that a fourth notice of nonpayment giving notice of termination has been ignored by the customer. The fourth notice of nonpayment shall be printed in both Spanish and English. Upon providing the above, the contractor shall have the authority to terminate service to the customer. The contractor shall notify the City of such terminations. The contractor shall have the above authority after it has made a one-time notification to all of its current customers of its change in collection policy per the informational letter, a copy of which is attached to Ordinance 2037, on file in the City Clerk’s office, marked Exhibit “A,” and by this reference is incorporated herein. This letter must be mailed at least one month prior to implementation of the policy change.
(b) The contractor may also invoke the right to refuse to collect solid waste upon applying to the City in writing, stating on oath, the name and location of the delinquent account, the amount of the delinquency, that the account is delinquent by two months or more, that the customer has been sent one bill and two reminders, that the customer has been sent a fourth notice of nonpayment and termination, that the application also contains a summary of any responses received from the customer, and the City, after reviewing the merits of the application and making a determination that the contractor has made a good faith effort to collect, and that the account remains delinquent by two months or more, grants the contractor written permission to terminate service to the customer.
(c) Provided the customer has been given prior written notice, the customer may be charged interest at the rate of 12 percent per year from the date of delinquency or $0.50, whichever is greater. The customer may also be charged all the costs of collecting the delinquent amount, including reasonable attorneys’ fees. The contractor may collect any amounts owed in the manner provided by law, including the enforcement of a lien upon the property on the account.
(4) Failure to pay charges for solid waste disposal services shall constitute a violation of this chapter and shall be punishable as such. [Ord. 2498 § 1, 1984; Ord. 2037 § 2, 1979; Ord. 2015 § 2, 1978; Ord. 1537 § 13, 1972; Code 1970 § 6.04.310.]