ORD 95-04 COLLECTION OF FEESRevised March 1, 1995
ORDINANCE No. 95 - 04
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, RELATING TO THE COLLECTION OF FEES
BY THE CITY; AND ADDING A NEW SECTION TO CHAPTER
1.28 OF THE BAINBRIDGE ISLAND MUNICIPAL CODE.
WHEREAS, for some time, the City has had problems collecting amounts
owed for charges for City services because at present the City has no collection
enforcement method other that filing suit in court; and
WHEREAS, citizens now have the legal right to demand additional services
from the City of the same nature as the services for which they have previously refused
to pay and the City is legally required to provide those additional services; and
WHEREAS, the City is authorized to provide additional means of collection
provided those means are adopted by ordinance; now, therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DQ ORDAIN AS FOLLOWS:
SECTION 1. There is added to Chapter 1.28 of the Bainbridge Island Municipal Code
a new section to read as follows:
1.28.045 Collection of Amounts Owed to the City.
A. In addition to all other remedies for collecting amounts owed to the City,
the City may withhold the provision of services described in paragraph B of this
section to persons who have failed to pay fees owed to the City, other than
utility base and consumption rates, if the fees owed are more than 90 days de-
linquent from the date payment is due. The City may not withhold services
based on the delinquent amounts owed to the City if the person owing the
delinquent amount has filed a legal administrative or judicial appeal regarding
the services previously rendered or the amounts owed to the City.
B. Under this section, the City may withhold any service provided by the
City, including the processing of applications for permits, except for police
services, animal control services, monthly utility service, court services, admin-
istrative appeal services, services which if withheld would create a clear public
health or safety hazard, and services relating to the processing of permits for
which a vested application has been filed prior to the effective date of this
section.
C. In order to withhold services based on failure to pay amounts for services
based on a persons's failure to pay amounts owed to the City, the City must
have evidence that the person was billed for the amount, that the amount is at
least 90 days delinquent at the time that the City withholds the services, and
that the person was notified in writing of the City's right to withhold services
pursuant to this section. The written notice shall be sent by regular or certified
mail, at the City's discretion, to the person's last known address according to
the City's records at least 30 days prior to the time that the City withholds
services.
SECTION 2. Severability. If any section, sentence, clause, or phrase of this ordi-
nance, or the application of any section, sentence, clause, or phrase of this ordinance
to any person or circumstance, is held to be invalid or unconstitutional by a court of
competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity
or constitutionality of any other section, sentence, clause or phrase of this ordinance,
or the application of the section, sentence, clause or phrase of this ordinance to any
other person or circumstance.
SECTION 3. This Ordinance shall take effect and be in force five days after its
passage, approval, publication as required by law.
PASSED by the City Council this 2nd day of March, 1995.
APPROVED by the Mayor this 3rd day of March, 1995.
ATTEST/AUTHENTICATE:
JANET K. WEST, Mayor
SUSAN P. KASPER, City Clerk
APPROVED AS TO FORM:
ROD P. KASEGUMA, City Attorney
FILED WITH THE CITY CLERK: February 2, 1995
PASSED BY THE CITY COUNCIL: March 2, 1995
PUBLISHED: March 8, 1995
POSTED: March 8, 1995
EFFECTIVE DATE: March 13, 1995
ORDINANCE 95 - 04
Revised March 1, 1995