Spokane Municipal Code

Title 13 Public Utilities and Services

Chapter 13.01 General Provisions

Section 13.01.0312 Security Deposit – Partial Payment – Landlord Notice – Bankruptcies

1. Security Deposit.

1. 1. Prior to furnishing utility equipment or services, a deposit of up to two months estimated combined utility service billings may be required by the utility billing supervisor to guarantee payment for regular service, where deemed necessary to protect utility interests.

1. 2. Additional deposits or advance payment may also be required as a condition of special service or equipment needs.

2. Partial Payments.

1. 1. Partial payments on past due accounts shall be applied to outstanding amounts in the following order: first to solid waste, then to sewer, then to water utility charges.

1. 2. The payer, at the time of payment, may request a different allocation in order to avoid termination of specific utility services.

3. As provided in RCW 35.21.217, upon request and payment of a duplicate billing charge of one dollar fifty cents per occurrence, the property owner of premises served or the owner’s designee may request a duplicate billing of any utility service bills sent to a tenant or other address.

1. 1. The real property owner or the owner’s designee notifies the utility billing office in writing and provides the following information:

1. 1. 1. Whether the property served is a rental property, and

1. 1. 2. Request to be notified of a tenant’s delinquency, and

1. 1. 3. Provide, in writing, a complete and accurate mailing address.

1. 2. The utility billing office shall notify the real property owner or the owner’s designee of a tenant’s delinquency at the same time and in the same manner the City notifies the tenant of the tenant’s delinquency or by mail.

1. 3. The duplicate billing charge is one dollar fifty cents per occurrence.

1. 4. The utility billing office shall notify the tenant that it is providing a duplicate billing of service bills or notice of delinquency to the real property owner.

1. 1. 1. If the utility billing office fails to notify the owner of a tenant’s delinquency after receiving a written request to do so and after receiving the other information required by this subsection, the City shall have no lien against the premises for the tenant’s delinquent and unpaid charges.

1. 5. In the event of bankruptcy of a tenant, as authorized by 11 U.S.C. section 366, unless otherwise directed by the director of the affected department, the minimum deposit for adequate assurance of payment shall be:

1. 1. 1. Two months estimated utility charges for Chapter 7 and Chapter 11 filings, and

1. 1. 2. One month estimated utility charges for Chapter 13 filings.

All amounts are subject to adjustment at the director’s discretion, where circumstances indicate different customer use demands or service needs.

Date Passed: Monday, April 9, 2012

Effective Date: Friday, May 18, 2012

ORD C34845 Section 1