ORDINANCE NO. 192
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AN ORDINANCE REPEALING ORDINANCE 185 AND PROVIDING
FOR PENALTIES FOR FAILURE TO PAY ANNUAL ADMINISTRATIVE WATER PERMIT FEES
OR REPORT WATER METER
READINGS
IN A
TIMELY MANNER
WHEREAS,
Dunes
City
has a domestic water right (Permit No. #S33923;
Application No. 45456) on
Woahink
Lake
granted by the Oregon Water Resources Department;
and
WHEREAS, the City Council of Dunes City adopted Ordinance
165 on November 13, 2003, authorizing the sharing of its domestic water
right and establishing the right to adopt administrative fees; and
WHEREAS,
Dunes
City
adopted Resolution No.
01–08–04
on
January 8, 2004
to establish application and administrative fees
for property owners and community water systems that utilize the City’s
Woahink
Lake
domestic water right. Resolution No.
01–08–04
did not contain penalties for permit holders who
do not pay their annual administrative fee or who do not report their
water meter readings in a timely manner; and
WHEREAS, the Oregon Water Resources Department requires
that property owners sharing Dunes City domestic water right monitor their
water usage through the use of a water meter and that water usage be
reported on a monthly basis; and
WHEREAS, the cost of enforcing city regulations regarding
water meter reporting and the timely payment of annual administrative fees
has become a burden on staff and a significant expense to the City.
NOW
THEREFORE,
Dunes
City
ordains as follows:
Section
1.
Repeal. Ordinance 185 is hereby repealed upon the
effective date of this Ordinance.
Section
2.
Administrative
Fee. Payment of the annual
Dunes
City
domestic water permit fee established by
Resolution
01–08–04
shall be received by the City within 30 days of
the mailing of invoice. The annual fee shall be increased $1 for each
calendar day that the payment is not received after its due date. Failure
to pay the annual administrative fee within 90 days after its due
date may result in termination of the property owner’s water right
the imposition of additional penalties and a lien against the property
or properties benefiting from the water permit.
Section
3. Water
Usage Reporting. Property owners sharing
Dunes
City
’s domestic water right are responsible for
reporting water usage on a monthly basis, or at intervals otherwise
designated by the City. Reporting may be by telephone, personal contact,
electronic message or by mail. If a property owner has not reported a
meter reading within 60 days of the month that it is due, the City may
contract to have the meter read and the property owner billed for that
service and may levy a penalty against the property owner.
Section
4. Penalties.
The city council may authorize a penalty of up to $150 per occurrence for
failure to pay the annual administrative fee within 90 days after its due
date or for failure to report a meter reading within 60 days of the month
that it is due. Prior to assessing a penalty against a property owner, the
City Recorder shall send to the owner, by registered or certified mail, a
notice stating (1) the amount of the penalty and the administrative fee
owed; (2) that the cost will be assessed to and become a lien against the
property unless paid within 30 days from the date of the notice; and (3)
that if the property owner objects to the penalty and or administrative
fee, he or she may file a written notice of objection with the Recorder
not more than ten days from the date of the notice and request a hearing
before the City Council. The City Council shall consider and determine the
written objection at its next regularly scheduled council meeting.
Section
5. Lien. If
the penalty and administrative fee are not paid within 30 days from the
date of the notice or from the assessment of the cost stated or determined
by the Council, the cost of the penalty and fee shall be made by
resolution and entered in the docket of city liens and with the Lane
County Department of Deeds and Records and shall constitute a lien on the
property.
The lien may be enforced in
the same manner as liens for street improvements are enforced, and shall
bear interest at the legal rate of interest.
The interest shall commence to run from the date of the entry of
the lien in the lien docket.
An error in the name of the
property owner or a failure to receive the notice of the proposed
assessment will not void the assessment, and it shall remain a valid lien
against the property.
Section 6.
Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, that portion
shall be deemed a separate, distinct, and independent provision and that
holding shall not affect the validity of the remaining portions of this
Ordinance.
ADOPTED BY THE DUNES CITY COUNCIL THIS 12th
DAY OF APRIL, 2007.
Ayes: ________
Nays: ________
Abstain: ________
Absent: ________
_____________________________
Sheldon Meyer Mayor
ATTEST:
______________________________
Joanne
Hickey, City Recorder