Title 04 Administrative Agencies and Procedures
Chapter 04.02 Special Administrative Procedures – Billing and Collection of Claims
Article II. Utilities Billings and Collections
Section 04.02.160 Obligations of Landlords and Sellers
- Property owners derive substantial benefit and value to their property from service from the three municipal utilities being furnished or available to their premises at the lowest cost, even where an owner is not the direct customer. As a condition of continued enjoyment of such benefits, property owners must accept joint and several responsibility for full payment of municipal utility charges to their premises during their time of ownership as well as any additional periods allowed by municipal utility lien rights or as otherwise provided by contract or at law.
- A person selling or letting any premises subject to delinquency for municipal utility services shall provide the purchaser or renter, at or before the sale or rental, with a copy of the most recent City utilities bill. A person failing to make such disclosure commits a class 3 civil infraction.
- Property owners and landlords are required to make provision for the payment of charges regularly listed upon the City utilities bill before transferring ownership or occupancy. Failure to make provisions for payment for utility services at a premises tends to create unhealthful and unsanitary conditions and is a public nuisance. A property owner or landlord failing to make provision for payment of a utility bill prior to transferring ownership or occupancy commits a class 1 civil infraction. A thirty-day warning notice, including notice of a right to a hearing on any disputed amounts, shall be given prior to further enforcement action where a prior utility bill has not been regularly furnished to a property owner or landlord.
- The City utility billings office may seek recovery of all combined utility bill charges in any court of competent jurisdiction against a customer or other responsible party for unpaid charges, including any special charges imposed under SMC 4.02.120, plus any other recoverable costs or fees. As used herein, “other responsible person” includes the landlord or property owner. Said term additionally may include any tenant or occupant, where such person received the benefit of municipal utility services or otherwise regularly paid or made arrangements to pay municipal utility bills during the period of tenancy or occupancy. (See SMC 13.01.0312)
- The director does not terminate water service to a new tenant not otherwise responsible for the bill, so long as the account remains current for payment of services thereafter.
Date Passed: Monday, March 26, 2007
Effective Date: Sunday, May 6, 2007
Recodification ORD C33995 Section 1
