Division III. - Solid Waste

Part of the Code of Ordinances of South Salt Lake, UT.

Local law · Updated May 27, 2026 · 1,732 sections

The text

Chapter 13.72 - HOUSEHOLD WASTE COLLECTION#

Sections:

13.72.000 - Purpose.#

To promote the health and beauty of the community, to support efficient use of natural resources and to reduce demand for landfill space, the city shall provide a system for the removal of household waste and recyclable waste. The city shall provide for the curbside collection of household waste from residential dwellings of two units or less, that front upon a public owned and maintained road. The collection shall take place at weekly intervals. This chapter shall define the types and quantities of household waste that will be collected by the city. The city will also provide for bi-weekly collection of recyclable waste as defined in this chapter. The collection shall be performed by the city or its contractor.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.010 - Definitions.#

As used in this chapter:

"Bulky waste" means large items of solid waste including, but not limited to, appliances, furniture, construction and demolition waste, motor vehicles, tires, trees, branches, and stumps.

"Construction and demolition waste" means solid waste resulting from the construction, remodeling, repair and demolition of structures, and from road building and land clearing. Such waste includes, but is not limited to, bricks, concrete and other masonry materials, soil, rock, wall coverings, plaster, drywall, and other inert material, plumbing fixtures, non-asbestos insulation, roofing shingles, asphaltic pavement, glass, plastics that are not sealed in a way that conceals other wastes, wood, and metals that are incidental to any of the above. Solid waste that is not construction and demolition waste (even if resulting from the construction, remodeling, repair and demolition of structures, and from road building and land clearing) includes, but is not limited to, hazardous waste, asbestos-containing material, garbage, fluorescent electrical fixtures containing mercury, transformers containing polychlorinated biphenyls, thermostats containing mercury, refrigeration units containing chlorofluorocarbons, radioactive waste, tires, drums and containers with liquid or unrecognizable wastes, and fuel tanks.

"Financial hardship" means an owner of a residential dwelling or dwelling qualifying for household waste service by special permit whose income falls at or below the federal poverty guideline and: (1) is either sixty (60) years of age or older; or (2) has been declared disabled by the United States Social Security Administration.

"Glass recycling" means glass that has been separated from solid waste and recyclable waste and placed in a separate, designated container intended only to contain glass.

"Hazardous waste" means solid waste, or a combination of solid wastes which, because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause or significantly contribute to an increase in mortality or an increase in serious or incapacitating irreversible illness, or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed, or otherwise managed, or any solid waste listed as a hazardous waste under Section R315-2-10 of the Utah Hazardous Waste Management Rules, or any solid waste that exhibits a characteristic of a hazardous waste as defined in Section R315-2-9 of the Utah Hazardous Waste Management Rules.

"Household waste" means solid waste generated and discarded from a residential dwelling, normally and reasonably associated with households and household activities, not including bulky waste, construction and demolition waste, hazardous waste; or any other type of waste that is prohibited by state rule or law, or health department regulation from being carried by a commercial waste hauler or from being deposited in a municipal landfill.

"Main artery street" means 1100 West, 900 West, 700 West, 500 West, 300 West, West Temple, Main Street, State Street, 300 East, 500 East, 700 East, 2100 South, 2700 South, 3300 South and 3900 South.

"Residential dwelling" means a dwelling that abuts on a publicly owned and maintained road within the corporate limits of city, is part of a permanent building having less than three units, is occupied by a person or a group of persons comprising not more than two families, is currently receiving public utility services and includes condominiums where each dwelling unit abuts a public road and has individual drive access to the public road.

"Recyclable waste" means: 1.

Paper, including: brochures, catalogs, computer paper, junk mail, magazines, mixed office paper, newspapers, telephone books and wrapping paper;

Cardboard, including: cardboard, cereal boxes, drink cartons, food boxes and cartons, gift, shoe and tissue boxes, milk and juice cartons, paper bags and paper board;

Plastics, including: clear and colored bottles, plastic grocery bags, food and juice bottles, milk jugs, plastic bottles, plastic containers, plastic jugs, soda pop bottles, water jugs and bottles; and

Metals, including: aluminum cans, aluminum disposable pans, steel cans, tin cans and various food cans.

"Residential yard debris" means waste that is typically generated as the result of annual cleanup and maintenance of a residential dwelling yard space. It includes green waste but does not include agricultural waste, bulky waste, construction and demolition waste, dead animals, garbage, hazardous waste (including paint, solvents, household and yard chemicals and vehicle tires), industrial solid waste and infectious waste. "Residential yard debris is included within the definition of "solid waste."

"Solid waste" means household waste, garbage, refuse, rubbish, junk, hazardous waste, infectious waste, industrial solid waste, construction and demolition waste, dead animals, recyclable waste other spent, useless, worthless, or discarded materials, or materials stored or accumulated for the purpose of discarding; materials that have served their original intended purpose; or waste material resulting from industrial manufacturing, mining, commercial, agricultural, household, institutional, recreational, or community activities. It does not include solid or dissolved materials in domestic sewage, in irrigation return flows, or discharges for which a permit is required under Chapter 11, Title 26, Utah Code, Annotated, 1953, as amended, or under the Federal Water Pollution Control Act, 33 U.S.C., Section 1251, et seq.

"Special permit" means a process by which a dwelling that does not meet the definition of "residential dwelling" may receive household waste and recyclable waste collection services from the city.

"Waste unacceptable for traditional recycling" means all solid waste except glass recycling or recyclable waste, including, but not limited to: aerosol cans, aluminum foil, car batteries, China and ceramics, clothing, cookware, disposable diapers, food and liquid waste, glass, household hazardous waste, light bulbs and tubes, motor oil, paint cans, plastic toys, small appliances, Styrofoam packaging, trash and yard waste, used paper plates and cups, pizza boxes, wax paper, wood scraps.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part); Ord. No. 2021-16, § 1(Exh. A), 10-27-2021)

13.72.020 - Household waste collection.#

The city or its contractor will provide for the weekly curbside collection of household waste as further defined in this section. Such waste shall be collected from a "residential dwelling" or a dwelling that has been issued a "special permit." The city or its contractor may also provide for the regular curbside collection of glass recycling, as described in Section 13.72.400.

Only household waste and recycling containers provided by the city or its contractor shall be allowed for curbside household waste collection and recyclable waste collection. The city will provide up to one additional household waste container to an owner-occupied dwelling for a fee as described in the consolidated fee schedule. Household waste and recycling containers shall be of different colors. In the event any container which does not conform to the provisions of this section is set out for collection, the city or its contractor shall have the authority to deny collection services for such container.

The following materials shall not be set out for collection whether placed in a container or otherwise:

Highly flammable or explosive materials;

Hazardous or radioactive waste materials;

Hot ashes, cinders, clinkers, or stove ashes which could ignite other refuse;

Dead animals;

Commercial and industrial refuse;

Bulky waste (unless during designated annual or semi-annual cleanup, see Section 13.72.310);

Septic tank waste or holding tank waste from recreational vehicles or travel trailers;

Tires;

Batteries;

10.

Oils, paint, paint thinner;

11.

These restrictions apply equally to the use of recyclable containers in addition to items described in subsection E below.

Refuse Materials Requiring Special Preparation. Small animal waste material must be dry and mixed with sand, sawdust, commercial pet litter, or similar absorptive material, and double wrapped in paper or placed in a separate plastic bag before being placed in a refuse container for disposal.

Sharp objects such as broken glass other than glass specifically placed in a glass recycling container in accordance with [Section] 13.72.400, as amended, knives, and hypodermic needles must be double wrapped in paper or other suitable material so that no sharp edge is exposed before being placed in a refuse container for disposal.

Ashes, cinders or clinkers must be wrapped separately in a plastic bag or other suitable material so as to prevent dust blowing before being placed in a container for disposal.

Waste unacceptable for traditional recycling shall not be placed for collection in a recyclable waste container.

The following fees are imposed for collection of household waste in the amounts set forth in the consolidated fee schedule:

New Can Delivery Charge. No fee will be charged for delivery of a household waste container and a recyclable waste container upon a first-time subscription for service. Afterwards the fee will be imposed any time the city is requested to deliver a new or additional can to a dwelling.

Non-owner-Occupied Residential Dwelling Fee. This fee shall be imposed upon each dwelling unit that receives household waste and recyclable waste collection service from the city but is occupied by a person or persons other than the owner of the dwelling. It shall be assessed and collected as set forth in the consolidated fee schedule.

Owner Occupied Residential Dwelling Fee. This fee shall be imposed upon each dwelling unit that receives household waste and recyclable waste collection service from the city and is occupied by the owner of the dwelling. It shall be assessed and collected as set forth in the consolidated fee schedule.

Late Fee. This fee may be assessed any time payment by the customer is ten or more business days delinquent.

Special Permit Fee. A one-time fee will be assessed when a property owner whose dwelling does not automatically qualify for waste collection service, requests that the public works department inspect and approve the property for waste collection by special permit. No initial special permit fee will be charged to residential dwellings that were receiving household waste service prior to adoption of the ordinance codified in this chapter but which now require a special permit.

Second Household Waste Container Fee. The city will deliver one additional household waste container to a residential dwelling. Owner-occupied dwellings will be charged a monthly fee for the service. Non-owner-occupied dwellings will be charged a fee in advance annually.

Fee Waiver. Owners of property who, because of advance age or disability and annual income payment of the household waste fee would create a financial hardship as that term is defined in this chapter are eligible to apply annually to the city's utility department for a fee waiver. The following documentation of eligibility must be provided to the utility department in support of the waiver:

The most recent federal income tax return; and

Official government identification reflecting the age of the property owner; or

Proof of recognition of disability status by the United States Social Security Administration.

In its discretion, the city may discontinue household waste or recyclable waste collection services to any residential dwelling, or dwelling receiving collection service by special permit, if it has probable cause to believe that the provisions of this chapter have been violated. Furthermore, the city may discontinue these services to any residential dwelling, or dwelling receiving services by special permit, that is delinquent in the payment of any other fee or other sum owing to the city.

When an account is a delinquent account, the city shall issue a written late notice to inform the account holder of the delinquent status and the risk of termination of service. A late notice or reminder notice must include a statement that the account is delinquent, that it is at risk of termination and the date upon which the delinquent balance must be paid to avoid termination.

At least ten calendar days prior to a proposed termination of household waste or recyclable waste service, the city shall give written notice of termination to the account holder. The ten-day time period is computed from the date the notice is postmarked. The notice shall be given first class mail or delivery to the premises and shall contain a summary of the specific steps that may be taken by the customer to avoid termination (to be printed in a conspicuous fashion); and the date on which payment arrangements must be made to avoid termination.

At least forty-eight (48) hours prior to the time when termination of service is scheduled, the city shall notify the account holder by leaving a copy of the notice attached to the entrance of the property at which service is provided.

If termination of service is not accomplished within fifteen (15) days following the forty-eight (48) hour notice, the utility will follow the above procedures for another forty-eight (48) hour notice.

The city shall mail duplicate copies of the ten-day termination notice to the owner of the property.

Upon expiration of the notice of termination, the city may terminate household waste and recyclable waste service by retrieving the waste containers.

Restrictions upon Termination Practices. The city shall not employ termination practices other than those set forth in this chapter. The city shall have the right to employ or pursue all legal methods to ensure collection of obligations due it.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part); Ord. No. 2021-16, § 1(Exh. A), 10-27-2021)

13.72.030 - Accumulations of solid waste—Removal required.#

It is unlawful for any person to allow solid waste of any nature, kind or description to accumulate on sidewalks, in the streets or upon premises under his control, except the same is temporarily deposited for immediate removal; or to fail to remove the same within twenty-four (24) hours after notification from the city or Salt Lake Valley Health Department. All such solid waste not collected and hauled away by the city or its contractor in its regular household waste or recyclable waste collections must be regularly hauled away and disposed of by licensed collectors or by the owner or occupant of the premises at which such solid waste materials are produced or stored.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.040 - Burning.#

It is unlawful for any person to burn solid waste except in compliance with the Uniform Fire Code as promulgated by the International Fire Code Institute and this code.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.050 - Spilling on streets.#

It is unlawful for any person engaged in hauling solid waste to permit, allow or cause any solid waste to fall and remain in the streets. Any such vehicle used in the hauling of any of solid waste in South Salt Lake shall be kept in a sanitary condition and shall be subject to inspection by the Salt Lake Valley Health Department. The solid waste in such vehicle shall be kept covered at all times except when loading and unloading, and no such vehicle shall remain standing on any public street in the city of South Salt Lake any longer than may be necessary for the purpose of loading and transporting the same. Violation of this provision is a class B misdemeanor.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.060 - Vacating premises—Failure to remove solid waste.#

It is unlawful for any person upon vacating or removing from dwellings, storerooms or any other building situated in the city of South Salt Lake to fail to remove all solid waste from such buildings and premises, and also the grounds appurtenant thereto; or to fail to place the same in a thoroughly sanitary condition within twenty-four (24) hours after said premises shall be vacated. Violation of this provision is a class C misdemeanor.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.070 - Solid waste containers.#

Every owner, lessee or occupant of any building, premises or place of business, shall provide or cause to be provided, and at all times keep, suitable and sufficient receptacles for receiving and holding solid waste that may accumulate from said building, place of business or upon said premises or the portion thereof under control of such person.

All residents receiving household waste collection service from the city of South Salt Lake through services provided by the city or its contractor must use containers provided by the city or its contractor, or containers approved by the contractor or the city or both. All containers shall be set out for collection at the places and only at such times as may be designated by the city or the city's household waste collection contractor. All empty containers must be removed from the street as soon as practicable after being emptied, and in every case must be removed from the street the same day they are emptied.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.080 - Segregation of garbage—Items which will not be taken.#

The city or its contractor may adopt such rules and regulations as they deem necessary requiring the segregation of household waste and recyclable waste materials prior to being collected, and may refuse, after notification to residents, to pick up any items which they may designate, including any household waste or recyclable waste not in a proper receptacle as set forth in Section 13.72.070, any item which is forbidden to be placed in household waste or recyclable waste containers pursuant to this chapter or other regulation or any other item which from time to time may be so designated.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.090 - Waste collection by special permit.#

Pursuant to the "special permit" process described in this part, the city or its contractor may agree to provide curbside collection of household waste and recyclable waste to a dwelling that is part of a single parcel or planned unit development, where at least a portion of the parcel or planned unit development abuts a publicly owned and maintained road, is part of a building having less than three units, is occupied by a person or a group of persons comprising not more than two families and is currently receiving public utility services.

(Ord. 2008-17 (part))

13.72.100 - Application.#

The owner of a residential dwelling or the authorized representative of an owner's association of a planned unit development that falls within the definition in Section 13.72.090 may request curbside collection of household waste and recyclable waste by submitting a written application to the city accompanied by a nonrefundable fee in the amount established in the consolidated fee schedule.

(Ord. 2008-17 (part))

13.72.110 - Inspection.#

Upon receiving an application, accompanied by the appropriate fee, the department of public works will conduct an inspection of the location for which the special permit is sought to ascertain the following: 1.

That each dwelling for which service is sought, is part of a building having less than three units within the corporate limits of the city, that is occupied by a person or a group of persons comprising not more than two families, that is currently receiving public utility services;

That each dwelling is part of a single parcel under common ownership or part of a planned unit development under the control of a home owner's association and at least a portion of the parcel or development abuts upon a publicly owned and maintained road;

That each unit applying for household waste or recyclable waste service has a location to store the containers, that there is an adequate area or areas on the portion of the parcel or development that abuts the public road for one solid waste can and one recyclable waste can per unit to be placed in a manner that the city or its contractor can access and dump the cans with a garbage truck safely and without difficulty in accordance with standards to be promulgated by the director of public works; and

That placement of the cans in the designated area or area will not obstruct the vision of drivers of vehicles and will not interfere with the flow of vehicle or pedestrian traffic.

(Ord. 2008-17 (part))

13.72.120 - Service agreement.#

If, pursuant to the criteria established in this part, a special permit is approved by the department of public works, the owner of a residential dwelling or the authorized representative of an owner's association of a planned unit development or condominium shall sign a service agreement with the city containing the following terms: 1.

The name, address, phone number and signature of the person authorized to enter into the agreement; and

An agreement to place cans only in the area or areas designated by the city.

(Ord. 2008-17 (part))

13.72.130 - Permit revocation.#

A special permit may be revoked by the director of public works for violation of the terms of the service agreement or other regulations contained in this chapter. The director shall notify the owner of a residential dwelling or the authorized representative of the owner's association of the reason for the revocation and the right to appeal the decision to the city's administrative law judge according to the provisions of Title 2, Chapter 22 of this code.

(Ord. 2008-17 (part))

13.72.200 - Recyclable waste collection.#

The city or its contractor may provide for bi-monthly curbside collection of recyclable waste as defined in this chapter. Such waste shall be collected from a "residential dwelling" or a dwelling that has been issued a "special permit."

Only recycling containers provided by the city or its contractor shall be allowed for curbside recyclable waste collection. Solid waste and recycling containers shall be of different colors. In the event any container which does not conform to the provisions of this section is set out for collection, the city or its contractor shall have the authority to deny collection services for such container.

Only recyclable waste may be placed in a recycling container provided by the city or its contractor.

In addition to other solid waste prohibited from being placed in a recycling container, waste unacceptable for recycling is prohibited from being placed in a recycling container.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.300 - Annual or semi-annual city cleanup.#

In its discretion the city may, from time to time, provide an annual or semi-annual cleanup. When the city decides to conduct a cleanup, it will give residents reasonable notification by flyers, in utility bills or city publications or by any other reasonable method setting forth the cleanup schedule.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.310 - Cleanup regulations.#

The following regulations shall govern annual or semi-annual cleanups scheduled by the city: A.

After notice by the city of an annual or semiannual cleanup, residential yard debris may be placed in a designated location within the city's right-of-way at a designated date for pickup subject to the following conditions:

The cleanup is available only to residents and owners of residential dwellings in the city of South Salt Lake who may only deposit residential yard debris in the city's right-of-way that is immediately adjacent to and abutting the property that they own or at which they reside;

On main artery streets, residential yard debris may be placed in the city's right-of-way only between the street side of the sidewalk and the edge of the curb or roadway; it may not be placed upon the roadway or sidewalk;

On city streets other than main artery streets, residential yard debris may be placed in the city's right-of-way between the street side of the sidewalk and upon the roadway but no further than eight feet from the edge of the curb or roadway and not upon the sidewalk;

In no event shall residential yard debris be stacked so as to impede or interfere with the flow or view of pedestrian or vehicle traffic;

Residential yard debris may not be stacked higher than four feet;

Residential yard debris may not be stacked between a fire hydrant and the street or within five feet of a fire hydrant;

Residential yard debris may not be stacked so as to interfere with access to a water meter vault or manhole cover;

Loose clippings or trimmings of plant material must be contained in packaging of sufficient strength, the total package not to exceed eighty (80) pounds;

Limbs and branches must be trimmed to six feet in length or less;

10.

No part of a tree or shrub greater than eight inches in diameter or weighing more than eighty (80) pounds may be placed for collection; and

11.

Residential yard debris may only be placed for collection during the time period permitted in the notice provided by the city.

Solid waste placed upon the city right-of-way in violation of these regulations will not be picked up. It is the responsibility of the resident or owner of property immediately adjacent to and abutting the city right-of-way to assure that no solid waste is placed in the right-of-way in violation of this chapter and to remove any solid waste placed in the city right-of-way in violation of this chapter within twenty-four (24) hours of its placement.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part))

13.72.400 - Glass recycling.#

The city or its contractor may provide for the regular curbside collection of glass recycling, as described in this section. Such waste shall be collected from a "residential dwelling" or a dwelling that has been issued a "special permit."

Only glass recycling containers provided by the city or its contractor shall be allowed for curbside household glass recycling collection. The container shall be of a different color than the containers used for household waste and recycling. In the event any container which does not conform to the provisions of this section is set out for collection, the city or its contractor shall have the authority to deny collection services for such container.

Residents may opt into a curbside glass recycling collection program with a contractor selected by the city. If a resident opts into a glass recycling collection program, the resident shall be responsible for complying with any requirements imposed by the contractor, including making regular payments for the service. The fees for glass recycling service shall be assessed and collected as set forth in the consolidated fee schedule.

The city shall also provide up to one glass recycling container at a fixed site at which residents may deposit glass recycling.

(Ord. No. 2021-16, § 1(Exh. A), 10-27-2021)

13.72.500 - Violation—Penalty.#

Any person who shall fail to do those acts required in this chapter and/or any person who shall do any act prohibited in this chapter shall be guilty of a class C misdemeanor. Each day that said violation continues shall constitute a separate offense. In its discretion, the city may choose to address violation of this chapter by civil citation as provided in Title 8, Chapter 14 of this code.

(Ord. 2008-17 (part): Ord. 2005-11 (part): Ord. 2005-06 (part); Ord. No. 2021-16, § 1(Exh. A), 10-27-2021)

Editor's note— Ord. No. 2021-16, § 1(Exh. A), adopted Oct. 27, 2021, renumbered previous § 13.72.400 as § 13.72.500, as set out herein.

Chapter 13.74 - CUSTOMER SERVICE REGULATIONS*#

Sections:

13.74.010 - General provisions.#

Purpose. The purpose of this chapter is to establish and enforce uniform utility service practices and procedures governing eligibility, security deposits, account billing, termination, refusal to provide utility service, deferred payment agreements and dispute resolution.

Policy.

The policy of this chapter is to assure the adequate provision of utility service, to restrict unreasonable termination of or refusal to provide utility service, to provide functional alternatives to termination or refusal to provide utility service, and to establish and enforce fair and equitable procedures governing eligibility, security deposits, account billing, termination, deferred payment agreements and dispute resolution.

Nondiscrimination. Utility service shall be provided to qualified persons without regard to employment, occupation, race, handicap, creed, sex, national origin, marital status, or number of dependents.

Requirement of Good Faith. Every agreement or obligation within this chapter imposes an obligation of good faith, honesty, and fair dealings in its performance and enforcement on behalf of the customer and the city utility.

Customer Information. The city utility shall provide all consumers with a consumer information pamphlet which clearly describes and summarizes the substance of this chapter. The city utility shall mail or deliver a copy of this pamphlet, or a summarized version to all customers annually in September or October. Copies of this pamphlet shall be prominently displayed in all utility business offices and furnished to consumers upon request. The city has a continuing obligation to inform its customers of significant amendments to this chapter.

The city utility shall inform its account holders of the third-party notification procedure at the time of application for service and at least once each year.

Scope. This chapter shall apply to water and sewer utilities which are subject to the regulatory authority of the city.

Customer's Statement of Rights and Responsibilities. When utility service is extended to an account holder, annually, and upon first notice of an impending service disconnection, the city utility shall provide a copy of the "customer is statement of rights and responsibilities." The statement of rights and responsibilities shall be a single-page document. It shall be prominently displayed in all utility business offices.

Utility service shall be offered only to premises which is permanent improvement to real property.

(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))

13.74.020 - General definitions.#

For purposes of this chapter, the following definitions shall apply:

"Account holder" means a person, corporation, partnership, or other entity which has agreed with the city to pay for receipt of utility service and to which the city provides service. An account holder must be either the owner, owner's agent or actual tenant of the property.

"Applicant" means a person, corporation, partnership, or other entity which applies to the city for utility service.

"Budget billing" means monthly payment plan under which the customer's estimated annual billing is divided into twelve (12) equal monthly payments.

"City business day" means days excluding weekends and city holidays on which the city utility is open to the public.

"City utility" means the various departments of the city that provide water and sewer service to a residence.

"Deferred payment agreement" means an agreement to receive or to continue to receive utility service pursuant to Section 13.74.050 and to pay an outstanding debt or delinquent account owed to the city.

"Delinquent account" means a service bill which has remained unpaid beyond the statement due date.

"Fire line" shall include: private water lines which are connected to the water main and which serve a fire hydrant; and private water lines that extend off the water main to supply a building's fire protection system(s).

"Tampered fire line" means any use of, or connection to, a fire line for a purpose other than fire protection.

"Tampered meter" means any unauthorized reconnection of service, after disconnection by the city utility, shall be presumed to have been caused by the account holder and shall constitute a "tampered meter."

Termination of Service. The terms "termination," "disconnection," and "shutoff' as used in this chapter are synonymous and mean the stopping of service for whatever cause.

"Utility service" means water, fire line and/or sewer service provided by the city to a customer.

(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))

(Res. No. R2013-05, 3-27-2013)

13.74.030 - Deposits and eligibility for service.#

Security Deposits and Guarantees.

Every individual who applies for a new or a transfer of utility services for a nonowner occupied premises from the city shall be required to pay a security deposit equal to an average sixty (60) day billing period at his/her service locations, if available (the average will be calculated based on the most recent fifteen (15) month history of consumption), or the standard utility deposit rate as established in the consolidated fee schedule, whichever is greater.

The owner or owner's agent of a property may allow a tenant of the property to be the account holder; however, before a tenant may become the account holder, the property owner must agree in writing to be responsible for payment of any account balance that the tenant fails to pay. Before any new account for utility service to a property may be opened in the name of a tenant, all balances from prior accounts for service at the same location must be paid in full.

The security deposit is due at the time of application; however, the city utility, at its discretion, may agree to allow the deposit to be billed in two monthly installments.

No security deposit shall be used in lieu of a monthly payment to discharge a delinquency on the account unless service has been discontinued.

Any account holder who has his/her utility service disconnected or executes a deferred payment agreement may be required to pay a security deposit under the terms of this section.

Refusal by the city utility to offer service may be disputed through the process set forth in Section 13.74.040(H).

Any customer filing bankruptcy shall be required to comply with the terms and conditions as set forth in Section 366 of the United States Bankruptcy Code.

Eligibility for Service.

Utility service is to be conditioned upon:

Proof of ownership, proof of agency for owner or proof of tenancy with a signed agreement by the property owner or owner's agent;

Payment of a security deposit if the applicant is not the owner of the property;

Payment of all outstanding debts for past utility service which are owed by the applicant to the city;

If the applicant is not the owner of the property, payment of all balances from prior accounts for services at the same location and a signed agreement by the property owner; and

Proof that no condition exists which would be a cause for termination of service as described in Section 13.74.060.

If the tenant or owner of a property receiving water service is required to hold a city business license or permit, it shall be an essential requirement of eligibility for service that the business license or permit be kept current and that all fees be paid when due.

Applicants for service have a duty to provide accurate and honest information to the city utility. Application may be made only in the name of person who is either the owner, owner's agent or actual tenant of the property. When an account holder moves from the premises, the city utility must be notified within ten city business days of the change in the account information.

(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))

13.74.040 - Account billing.#

Billing Cycle. All City utilities shall use a billing cycle which has an interval between regular periodic billing statements of twenty-eight (28) to thirty-two (32) days. This section applies to permanent continuous service customers, not to seasonal customers.

Estimated Billing.

Water Service. Water meters shall be read monthly beginning no later than March 1st and ending no earlier than October 31st.

Fire Line Service. Fire line service, unless metered, will be billed at a standard monthly rate as established in the consolidation fee schedule.

Periodic Billing Statement.

City shall mail or deliver an accurate bill to the Account holder, for each billing cycle at the end of which there is an outstanding credit or debit balance for current service, a statement which the account holder may retain, setting forth each of the following disclosures to the extent applicable:

The outstanding balance;

The amount of all charges to the account during the current billing cycle;

The amount of all payments made to the account during the current billing cycle;

The amount of all credits other than payments to the account during the current billing cycle;

The amount of all late payment charges to the account during the current billing cycle;

The closing date of the current billing cycle and the outstanding balance due on that date;

The date upon which payment is due;

The percentage of interest which will be assessed against the account for late payment;

A brief summary of the Account holder's right to dispute the bill, as permitted pursuant to Section 13.74.040(H) with the current number at which to contact the city utility; and

The amount of water used during the billing cycle.

Late Charge.

Thirty (30) days after the statement date, a late charge not to exceed one and one-half percent per month shall be assessed against any unpaid balance in excess of new charges debited to the account during the current billing cycle.

Statement Due Date. An Account holder shall have twenty (20) days from the date the current bill was prepared to pay the new balance, which date shall be the statement due date.

Disconnect and Reconnect Fees—Water/Sewer Service.

Disconnect Fee. Disconnect at request of owner, owner's agent, tenant, or landlord Account holder due to temporary vacancy: no charge.

Reconnect Fee.

Reconnect fee to reinstate Utility service to the same Account holder after nonpayment disconnection:

Between eight a.m. and three p.m. on City business days: the amount established in the consolidated fee schedule plus balance of the account.

ii.

Between three p.m. and ten p.m. on weekdays, and from eight a.m. and ten p.m. on Saturdays, Sundays, and holidays recognized by city: the amount established in the consolidated fee schedule plus balance of the account.

Reconnect at request of owner, owner's agent, tenant, or landlord Account holder, due to temporary vacancy: an amount to be established in the consolidated fee schedule plus any outstanding balance of the account.

Reconnect fee to provide Utility service to a new Account holder after disconnection of service to a former account holder for nonpayment: the amount established in the consolidated fee schedule.

Tampered Meter Fee. Upon discovery by the City utility of a tampered meter, the amount established in the consolidated fee schedule as the tampered meter fee must be paid before service will be reconnected.

Tampered Fire Line Fee. Upon discovery by the City utility of a tampered fire line, the amount established in the consolidated fee schedule as the tampered fire line fee must be paid before service will be reconnected.

Service of Notice Fee. After an Account holder has been served with a notice of disconnection, if the City is required to serve a notice of disconnection one or more additional times within the same twelve-month period, a service fee will be assessed to the account holder in an amount sufficient to cover the city's cost of service each time such service is performed. The service fee will be set forth in the consolidated fee schedule.

Fees must be actually paid to receive the requested disconnect or reconnect service.

Disputes.

Account holders may only dispute billing errors, the accuracy of meter readings, the accuracy of the meter, refusal by the City utility to offer service or the City utility's basis for termination of service other than termination for nonpayment. Transportation Utility Fee Account holders may only dispute the accuracy of property measurement, user type, or exemption status.

Technical errors such as misspellings, inaccurate dates that do not affect the bill, etc. are not subject to dispute. Inability to pay does not render a bill in dispute.

For any of the reasons set forth in subsection (H)(1) of this section, an Account holder may dispute the action of the City utility by setting forth the reason for the dispute in writing, dated and signed by the Account holder and delivered to the City utility:

Within ten days after the due date of the bill for the disputed period when the dispute is regarding the amount of payment owed;

Within ten days after a refusal by the city utility to offer service;

Within ten days after the initial notice of termination of service for any reason other than nonpayment.

A designated representative of the City utility will review the dispute and send a written decision to the Account holder by mail within ten days of receiving the dispute.

Reserved.

An Account holder may appeal an adverse decision by the City utility regarding a dispute. To appeal, Account holders must pay the administrative appeal fee set forth in the consolidated fee schedule and submit a request for an appeal in writing, dated and signed by the Account holder, clearly setting forth the nature of the dispute and attaching a copy of the adverse decision from the City utility. Only matters first reviewed by the City utility pursuant to subsections (H)(3) and (H)(4) of this section may be appealed. The appeal shall be delivered to the city recorder within ten days of the adverse decision by the City utility.

An administrative hearing shall be held in accordance with the provisions outlined in Chapter 2.22 of this Code.

Rate to be Charged Upon Failure of Meter. When, for any reason, the meter fails to register, operate or otherwise does not function properly, there is a presumption that use of Utility services during the billing period for which the meter malfunctioned is equivalent to the following:

If the Account holder has had twelve (12) months continuous service prior to the failure of the meter, the account shall be charged the amount as for the same billing period of the month of the previous year. The amount charged shall be based on the average daily consumption multiplied by the number of days in the current billing period; or

If the Account holder has not had continuous service of twelve (12) months, the amount charged to the account shall be based on the average consumption for the history of the account multiplied by the number of days in the current billing period; and

The Account holder shall be notified by the City utility of the meter malfunction and given an explanation of the formula used to determine use of utility services during the billing period as part of the billing statement for any such periods; and

Absent evidence to the contrary offered by the Account holder, in the context of a timely dispute made pursuant to subsection H of this section, the Account holder shall be charged and responsible to pay according to the terms of this subsection.

Waiver of Fees.

At the request of a property owner who is called to active duty with a branch of the armed forces of the United States, the city will waive fees for public utilities provided by the city to the owner's residence up to the amount provided in the consolidated fee schedule.

This waiver applies only to owner-occupied residences in the city, and in order for the waiver to go into effect the owner must certify that he or she will not collect rental income from the property while he or she is deployed.

Proof of active deployment is required in order to qualify for the waiver. Proof may be provided by presenting deployment papers to the city.

The waiver will continue as long as the owner is on active deployment, but will automatically expire at the end of the deployment period indicated in the papers. If a property owner's deployment is extended, then it is incumbent upon the property owner to notify the city of that extension, or to bring satisfactory proof of the extended deployment upon his or her return.

The provisions of this section do not apply to rental units occupied by the person on active deployment.

In cases not constituting forgery, any person who provides false information to the city in order to obtain a waiver shall be guilty of a class B misdemeanor.

(Ord. No. 2008-19 (part): Ord. No. 2004-21: Ord. No. 2003-07 (part): Ord. No. 2003-05 (part))

(Ord. No. No. 2009-16, 12-2-2009; Ord. No. 2026-01, § 1(Exh. B), 1-14-2026)

13.74.050 - Deferred payment agreement.#

Deferred Payment Agreement.

A customer who is unable to pay for utility service may be eligible to enter into a deferred payment agreement with the city for the payment of the delinquent utility account if done prior to termination of service for nonpayment. A deferred payment agreement may be executed provided that at the time of the execution of the agreement the following standards are satisfied:

All sums under three hundred dollars ($300.00) shall be repaid within a six-month period of time from the date of execution of the deferred payment agreement;

All sums in excess of three hundred dollars ($300.00) shall be paid within a twelve (12) month period of time from date of execution of the deferred payment agreement;

At the time of the execution of the deferred payment agreement, one-sixth of the delinquent balance shall be paid;

A deferred payment agreement shall contain language to the effect that the customer must keep his then current balance paid on a current basis when due;

Customer shall not be entitled to execute more than one deferred payment agreement within any eighteen (18) consecutive months period of time; and

The account holder shall have the right to prepay the outstanding balance due under a deferred payment agreement at any time during the term of the agreement.

The terms of the deferred payment agreement shall be set forth in a written agreement, a copy of which shall be provided to the customer.

A deferred payment agreement shall include a finance charge of one and one-half percent per month. The deferred payment agreement shall contain notice of such charge.

Breach. If an account holder breaches any condition or term of a deferred payment agreement, the city utility may treat that breach as a delinquent account and shall have the right to terminate service pursuant to the procedures set forth in this chapter and the account holder shall not have the right to a renewal of the deferred payment agreement. Renewal of deferred payment agreements after a breach shall be at the option of the city.

(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))

13.74.060 - Termination.#

Delinquent Account.

When an account is a delinquent account, the city utility shall issue a written late notice to inform the account holder of the delinquent status and the risk of termination of service. A late notice or reminder notice must include the following information:

A statement that the account is delinquent, that it is at risk of termination and the date upon which the delinquent balance must be paid to avoid termination; and

The account holder's ability to obtain a deferred payment agreement pursuant to the terms of Section 13.74.050.

Service will not be terminated at any time during which an account holder has a timely and proper dispute pending pursuant to provisions of Section 13.74.040(H) as long as any amounts due which are not in dispute have been paid.

Reasons for Termination.

Utility service may be terminated for the following reasons:

Nonpayment of a delinquent account where the delinquent account balance is more than ten dollars ($10.00) or an account balance of less than ten dollars ($10.00) if the balance is more than two months delinquent;

Nonpayment of a security deposit;

Failure to comply with the terms of a deferred payment agreement or a final order;

Unauthorized use of or diversion of utility service or tampering with wires, pipes, meters, or other equipment owned by the utility;

Any deception or false information offered for the purpose of obtaining utility service;

Failure to provide access to meter during the regular route visit to the premises after reasonable notification by the city utility. For this purpose, twenty-four (24) hours advance notification is presumed to be reasonable;

Failure to make good a dishonored check which was tendered for payment within forty-eight (48) hours of notice;

An unsafe condition that has been verified by a city building inspector or health department official. Service will only be restored when the unsafe condition is remedied by the customer to the satisfaction of the city building inspector or health department official; or

Failure to timely notify the city utility of a change in the name of the account holder.

Failure of a tenant or owner of a property receiving water service who is required to hold a city business license or permit, to keep the license or permit current and to timely pay all associated fees.

The following shall be insufficient grounds for termination of service:

Cohabitation of a current account holder with a delinquent account holder as long as the delinquent account holder's balance relating to the same premises has been paid in full;

Where the delinquent account balance is less than ten dollars ($10.00), unless no payment has been made for two months; or

Failure to pay any amount in bona fide dispute presently before the hearing officer.

Restrictions Upon Termination During Serious Illness.

An account holder is entitled to one thirty (30) day extension of time to make payment during any twelve (12) month period of time under either of the following conditions:

If prior to termination of service the city receives satisfactory documentation that a person residing in a home receiving city water service has a serious illness that will be aggravated by the loss of water service; or

If after termination of service the city receives satisfactory documentation that a person residing in a home receiving city water service has a serious illness that will be aggravated by the loss of water service, water service will be restored for a period of thirty (30) days from the date service was first terminated.

Termination Without Notice. The city may terminate utility service without notice where, in its judgment, a clear emergency or serious health or safety hazard exists for as long as such condition exists, or where there is unauthorized use of or diversions of utility service or tampering with wires, pipes, meters, or other equipment owned by the utility. The utility shall immediately attempt to notify the customer of the termination and explain the reasons.

Notice of Proposed Termination.

At least ten calendar days prior to a proposed termination of utility service, the city utility shall give written notice of disconnection to the account holder. The ten-day time period is computed from the date the notice is postmarked. The notice shall be given first class mail or delivery to the premises and shall contain a summary of the following information:

A statement of the customer's rights and responsibilities under this chapter;

The approved policy on termination;

The availability of deferred payment agreements and sources of possible alternative assistance;

The process by which an account holder may dispute the grounds for termination other than for nonpayment;

Specific steps that may be taken by the customer to avoid termination (to be printed in a conspicuous fashion); and

The date on which payment arrangements must be made to avoid termination.

At least forty-eight (48) hours prior to the time when termination of service is scheduled, the city utility shall notify the account holder by leaving a copy of the notice attached to the entrance of the property at which service is provided.

The city utility shall mail duplicate copies of the ten-day termination notice to the owner of the property.

Termination. Upon expiration of the notice of termination, the city utility may terminate utility service.

(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))

13.74.090 - Appeal procedure.#

Right of Appeal. Appeals from an adverse decision on a dispute with the city utility shall be made using the administrative hearing process outlined in Chapter 2.22 of the city code. A hearing request shall be in writing and must be received no later than ten days following such actions.

(Ord. 2008-19 (part): Ord. 2003-07 (part): Ord. 2003-05 (part))