H. B. 4810
(By Delegates Rick Thompson and Perdue)
[Introduced February 24, 2006; referred to the
Committee on the Judiciary.]
A BILL to amend and reenact §16-13-16 of the Code of West Virginia,
1931, as amended, relating to increasing the time period after
which a governing body of a utility may shut off and
discontinue water services to a delinquent user of sewer
facilities.
Be it enacted by the Legislature of West Virginia:
That §16-13-16 of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 13. SEWAGE WORKS AND STORMWATER WORKS.
§16-13-16. Rates for service; deposit required for new customers;
forfeiture of deposit; reconnecting deposit; tenant's
deposit; change or readjustment; hearing; lien and
recovery; discontinuance of services.
The governing body shall have power, and it shall be its duty,
by ordinance, to establish and maintain just and equitable rates, fees or charges for the use of and the service rendered by:
(a) Sewerage works, to be paid by the owner of each and every
lot, parcel of real estate or building that is connected with and
uses such works by or through any part of the sewerage system of
the municipality, or that in any way uses or is served by such
works; and
(b) Stormwater works, to be paid by the owner of each and
every lot, parcel of real estate, or building that in any way uses
or is served by such stormwater works or whose property is improved
or protected by the stormwater works or any user of such stormwater
works.
(c) The governing body may change and readjust such rates,
fees or charges from time to time. However, no rates, fees or
charges for stormwater services may be assessed against highways,
road and drainage easements and/or stormwater facilities
constructed, owned and/or operated by the West Virginia Division of
Highways.
(d) All new applicants for service shall indicate to the
governing body whether they are an owner or tenant with respect to
the service location.
(e) The governing body may collect from all new applicants for
service a deposit of fifty dollars or two twelfths of the average
annual usage of the applicant?s specific customer class, whichever
is greater, to secure the payment of service rates, fees and charges in the event they become delinquent as provided in this
section. In any case where a deposit is forfeited to pay service
rates, fees and charges which were delinquent at the time of
disconnection or termination of service, no reconnecting or
reinstatement of service may be made by the governing body until
another deposit equal to fifty dollars or a sum equal to two
twelfths of the average usage for the applicant?s specific customer
class, whichever is greater, is remitted to the governing body.
After twelve months of prompt payment history, the governing body
shall return the deposit to the customer or credit the customer?s
account with interest at a rate as the Public Service Commission
may prescribe:
Provided, That where the customer is a tenant, the
governing body is not required to return the deposit until the time
the tenant discontinues service with the governing body. Whenever
any rates, fees, rentals or charges for services or facilities
furnished remain unpaid for a period of twenty days after the same
become due and payable, the user of the services and facilities
provided is delinquent and the user is liable at law until all
rates, fees and charges are fully paid. The governing body may,
under reasonable rules promulgated by the Public Service
Commission, shut off and discontinue water services to a delinquent
user of sewer facilities
ten fifteen days after the sewer services
become delinquent regardless of whether the governing body utilizes
the security deposit to satisfy any delinquent payments.
(f) Such rates, fees or charges shall be sufficient in each
year for the payment of the proper and reasonable expense of
operation, repair, replacements and maintenance of the works and
for the payment of the sums herein required to be paid into the
sinking fund. Revenues collected pursuant to this section shall be
considered the revenues of the works.
(g) No such rates, fees or charges shall be established until
after a public hearing, at which all the users of the works and
owners of property served or to be served thereby and others
interested shall have an opportunity to be heard concerning the
proposed rates, fees or charges.
(h) After introduction of the ordinance fixing such rates,
fees or charges, and before the same is finally enacted, notice of
such hearing, setting forth the proposed schedule of such rates,
fees or charges, shall be given by publication as a Class II-0
legal advertisement in compliance with the provisions of article
three, chapter fifty-nine of this code, and the publication area
for such publication shall be the municipality. The first
publication shall be made at least ten days before the date fixed
in such notice for the hearing.
(i) After such hearing, which may be adjourned from time to
time, the ordinance establishing rates, fees or charges, either as
originally introduced or as modified and amended, shall be passed
and put into effect. A copy of the schedule of such rates, fees and charges so established shall be kept on file in the office of
the board having charge of the operation of such works, and also in
the office of the Clerk of the municipality, and shall be open to
inspection by all parties interested. The rates, fees or charges
so established for any class of users or property served shall be
extended to cover any additional premises thereafter served which
fall within the same class, without the necessity of any hearing or
notice.
(j) Any change or readjustment of such rates, fees or charges
may be made in the same manner as such rates, fees or charges were
originally established as hereinbefore provided:
Provided, That if
such change or readjustment be made substantially pro rata, as to
all classes of service, no hearing or notice shall be required.
The aggregate of the rates, fees or charges shall always be
sufficient for such expense of operation, repair and maintenance
and for such sinking fund payments.
(k) All rates, fees or charges, if not paid when due, shall
constitute a lien upon the premises served by such works. If any
service rate, fees or charge so established is not paid within
twenty days after the same is due, the amount thereof, together
with a penalty of ten percent, and a reasonable attorney?s fee, may
be recovered by the board in a civil action in the name of the
municipality, and in connection with such action said lien may be
foreclosed against such lot, parcel of land or building, in accordance with the laws relating thereto:
Provided, That where
both water and sewer services are furnished by any municipality to
any premises the schedule of charges may be billed as a single
amount or individually itemized and billed for the aggregate
thereof.
(l) Whenever any rates, rentals, fees or charges for services
or facilities furnished shall remain unpaid for a period of twenty
days after the same shall become due and payable, the property and
the owner thereof, as well as the user of the services and
facilities shall be delinquent until such time as all rates, fees
and charges are fully paid. When any payment for rates, rentals,
fees or charges becomes delinquent, the governing body may use the
security deposit to satisfy the delinquent payment.
(m) The board collecting such rates, fees or charges shall be
obligated under reasonable rules to shut off and discontinue both
water and sewer services to all delinquent users of either water
facilities, or sewer facilities or both, and shall not restore
either water facilities or sewer facilities, to any delinquent user
of either until all delinquent rates, fees or charges for both
water facilities, and sewer facilities, including reasonable
interest and penalty charges, have been paid in full.
NOTE: The purpose of this bill is to increase the time period
after which a governing body of a utility may shut off and
discontinue water services to a delinquent user of sewer facilities from ten days to fifteen days.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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