Proposed Ordinance: Utility accounts in property owner name

GRANGEVILLE CITY ORDINANCE NO. _____

AN ORDINANCE OF THE CITY OF GRANGEVILLE PROVIDING FOR THE REPEAL OF SECTION 8-5-6 OF THE GRANGEVILLE MUNICIPAL CODE RELATING TO WATER CHARGES, HOW AND WHERE PAYABLE, THE REQUIRED DEPOSITS AND WHO RECEIVES BILLING, SUBSTITUTING THEREFORE NEW LANGUAGE AND REQUIREMENTS THAT AFTER A TRANSITION PERIOD LANDLORDS AND PROPERTY OWNERS WILL RECEIVE THE BILLS FOR WATER, SEWER, GARBAGE, AND STREET LIGHT BILLINGS AND TENANTS WILL NO LONGER INDEPENDENTLY BE PERMITTED TO CONTRACT WITH THE CITY FOR THOSE SERVICES; PROVIDING FOR THE REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR THE ORDINANCE BECOMING EFFECTIVE UPON ITS PASSAGE, APPROVAL AND PUBLICATION.

BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF GRANGEVILLE, IDAHO COUNTY, IDAHO:
Section 1. Section 8-5-6 as existing and constituted on the effective date of this ordinance shall in full be repealed.

Section 2. In place of Section 8-5-6 new language is adopted as follows:

8-5-6 (as amended) Charges: Where and how payable: Existing tenant’s rights: Property owners to receive billings:

A) Any charges for use of municipal water, sewer, solid waste collection and transportation, and street light billing shall be the responsibility of the property owner of record. From the effective date of this amended code provision, each municipal utility account shall be the responsibility of the owner of the property served by the City. Each property owner shall provide to the City documentation of property ownership as may be required by the City as a condition of receiving continuing utility service.

B) For those tenants currently receiving utility billings in the City, whether in residential or commercial properties, those tenants shall be entitled to continue to receive utility billings in their own name until that property shall be vacated by that tenant. Thereafter, the property owner as described in Section A shall receive future billings.

Furthermore, in the event a current tenant who is receiving billings on either residential or commercial properties becomes delinquent in the payment of his utility bills and has not paid the bill by the time the additional delinquent charge created in Section 8-5-9(b) can be added to a bill, then the tenant forfeits his right to have future billings in his own name, his account will be closed, and the property owner will receive all future billings. The tenant in that circumstance will still be liable to the City for all delinquency charges and other costs.

Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.

Section 4: This ordinance shall be in effect upon its passage, approval, and publication in the Idaho County Free Press.

Section 5. This ordinance passed in the following fashion:
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TERRY VANDERWALL, Mayor

ATTEST:
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TONYA KENNEDY, City Clerk