City of Spokane

Spokane Municipal Code

***Note: Many local criminal codes can now be located under Chapter 10.60 SMC while others are now cited under the Revised Code of Washington (RCW), which was incorporated into the municipal code in 2022. (See SMC 10.58.010). Code Enforcement, including Noise Control and Animal Regulations are located in Chapters 10.62 through 10.74.

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Title 13
Chapter 13.01
Section 13.01.0318
 

Title 13 Public Utilities and Services

Chapter 13.01 General Provisions

Section 13.01.0318 Adjustments for Overbilling, Underbilling
  1. Policy.
    1. It is the policy of the City to collect all amounts identifiable as due and owing for utility services. The City reserves the right to collect such charges, on the basis of joint and several liability, from:
      1. the owner of premises served,
      1. the occupant of the premises, or
      1. any person otherwise determined to be legally responsible for the charges concerned,

as may be most convenient to the City.

    1. This policy recognizes that any losses from not collecting such amounts must be made up by moneys collected from all ratepayers.
    1. Subject to this policy, the administrator has discretion to adjust billings, but no entitlement to such adjustment is created, and no specific outcome is mandated.
  1. Underbill – Underpayment.
    1. Underbilling or underpayment because of customer errors or other reasons not the result of City error will be collected in full.
    1. Underbilling or underpayment because of City error may be adjusted, considering the following criteria:
      1. In general, the public is presumed to know that a reasonable charge for utility services rendered must be paid. Where it appears a customer or other person from whom payment is sought did not know and had no reason to know of the error, charges accruing more than one year from the discovery of the error may be waived.
      1. There is “reason to know” of a billing error where the bill on its face is below regular charges, or where there are no charges being made to premises receiving service. Customers have a duty to make prompt inquiry with the utility billings office when they get such a bill inconsistent with the utility service to their premises.
    1. Underbillings because of customer error or where it appears a customer knew or should have known of the error should be paid in full.
  1. Overbill.

Where an account is overbilled or overpaid the refund period granted administratively is up to one year from the time the error is reported to the utility billings office, except overpayments or overbillings because of customer fault should be reported by the customer within sixty days. Approved refunds are administered by an account credit for the premises served.

  1. Billing errors are adjusted by a deputy director of public works, except refunds of over two thousand five hundred dollars are approved by the director of public works and utilities.
    1. Adjustment is made by way of credit to the combined City utilities bill for errors in said bill unless another adjustment method is approved by the affected utility department.
    1. Additionally, the City reserves all defenses, offsets and claims allowable in contract or law.

Date Passed: Monday, October 15, 2007

Effective Date: Wednesday, November 28, 2007

Recodification ORD C34122 Section 1