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 13.02
Section 13.02.0238
 

Title 13 Public Utilities and Services

Chapter 13.02 Solid Waste

Article II. General Provisions

Section 13.02.0238 Underbilling – Overbilling
  1. Policy.

It is the policy of the City to collect all amounts identifiable as due and owing for solid waste collection and disposal service from the account served, recognizing losses from not collecting such amounts must be made up by moneys collected from all ratepayers. It is presumed that owners and occupants of premises are aware of the obligation to accept and pay for departmental services and the cost of such services for the premises concerned. Subject to this policy the director or administrative head of city utility billings has discretion to adjust billings considering individual account circumstances as follows:

    1. Underbill – Underpayment.

Underbilling or underpayment because of customer errors or other reasons not the result of City errors will be collected in full. Underbilling or underpayment because of City error may be adjusted, considering the following criteria:

      1. Where it appears a customer or other person responsible for payment did not know and had no reason to know of the error, accrued charges may be waived which are over one year in arrears.
      1. In general, customers are presumed to know that solid waste collection and disposal service is not rendered for free, and there is a prima facie customer “reason to know” of an error where no charges are being assessed for premises receiving service, or failure to act or make reasonable inquiry promptly upon the presentation of a bill for services for premises inconsistent with services rendered thereto.
      1. In considering in individual cases where a customer knew or had reason to know of an underbilling error, the adjusting official may consider a customer’s status as a single-family account compared to a larger volume user, with a presumption that larger volume users should have a better awareness of the status of their service consumption and obligation to make proper payment therefor. 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 because of City error, not the result of customer fault, the refund period is up to one year from the time the error is reported to the City. Approved refunds are generally administered by an account credit for the premises served.

Date Passed: Monday, October 15, 2007

Effective Date: Wednesday, November 28, 2007

Recodification ORD C34122 Section 1