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ORD 97-25 DISCONTINUANCE OF SEWER SERVICE CHARGESORDINANCE NO. 97-25 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to temporary discontinuance of sewer service charges to real property that does not receive city water service, and adding a new section 13.16.075 to the Bainbridge Island Municipal Code. WHEREAS, some real property has City sewer service but not City water service; and WHEREAS, the City desires to authorize temporary discontinuance of charges for sewer service to unoccupied single-family residences; now, therefore THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. A new section 13.16.075 is added to the Bainbridge Island Municipal Code as follows: A. Whenever the owner of a single-family residence that is connected to the City's sewer system but is not connected to the City's water system, or the owner's representative, desires to discontinue sewer service temporarily, the owner or a person with legal authority to act on behalf of the owner shall file an application with the finance director. The application shall contain such information as is required by the finance director and shall be accompanied by a sworn statement that the single-family residence is unoccupied and will remain so during the discontinued sewer service. The application further shall be accompanied by an authorization for the City to obtain electric utility company and water company records regarding service to the residence. Upon receipt of the application, information and authorization, the finance director shall approve the application. In lieu of the application and the authorization, the finance director may accept a sworn statement from the managing officer of a residential health care or retirement facility that the owner is a resident of the facility, and that the managing officer will advise the City when the owner moves from the facility. Upon receipt of the sworn statement, and verification by one visit that the single-family residence is unoccupied, the finance director shall approve discontinuance of sewer service. B. Occasional use of sewer service for purposes of repairing or remodeling the single-family residence, showing the residence for sale or lease, or inspecting the residence, shall not constitute occupancy of the residence. If the finance director determines that the residence is occupied, sewer service shall be deemed to have been reinstated as of the date the finance director determines that occupancy was resumed. Sewer service charges shall be deemed commenced as of such dat e, and penalties and interest shall be calculated as of such date. DOCS\94700\101\0139386.01 08/18/97 - 1 - C. Whenever the owner of a single-family residence, or the owner's representative, desires to reinstate sewer service, the owner or a person with legal authority to act on behalf of the owner shall file an application with the finance director. The application shall be accompanied by such information as is requested by the finance director and a reinstatement fee in an amount established by City resolution. Upon receipt of the application, reinstatement fee and any outstanding sewer service charges, penalties and interest, the finance director shall approve the application. Section 2. This ordinance shall take effect and be in force five days from and after its passage, approval and publication as required by law. PASSED by the City Council this 21stday of August, 1997. APPROVED by the Mayor this 22rid day of August, 1997. Andrew Maron, Mayor Pro Tem ATTEST/AUTHENTICATE: / Susan P. Kasper, City Clerk APPROVED AS TO FORM: Rod P. Kaseguma, City Attorney FILED WITH THE CITY CLERK: August 20, 1997 PASSED BY THE CITY COUNCIL: August 21, 1997 PUBLISHED: August 27, 1997 EFFECTIVE DATE: August 31, 1997 ORDINANCE NO.: 97-25 DOCS\94700\101\0139386.01 08/18/97 - 2 -