Sections:
13.02.020 Lifeline utility discount.
13.02.040 Application and approval procedure.
13.02.060 Violation—Penalties.
Pursuant to Article VIII, Section 7 of the Washington State Constitution and RCW 74.38.070, the City of Black Diamond wishes to provide necessary support for the poor and infirm who would otherwise be unable to afford the standard monthly service rates of the city's water, sewer, and stormwater utilities. At the same time, the city recognizes that its ability to offer special rates is limited by the financial constraints of the city and the limited revenues available to fund special rates for low-income residents. Therefore, the city has been forced to limit availability of these special rates according to the criteria described in this chapter.
(Ord. No. 901, § 8(Exh. A), 4-23-2009; Ord. No. 1130, § 1(Att. A), 11-21-2019)
13.02.020 Lifeline utility discount.
A.
The City of Black Diamond hereby authorizes a discount for residential low-income senior citizens (age sixty-two and older) and residential low-income disabled customers of the city's water, sewer, and stormwater utilities, per HUD guidelines. This discount shall be known as the "lifeline" discount, and shall be a reduction of up to fifty percent of the city's share of the costs for services provided and billed under the city's water, sewer, and stormwater utilities. Fees or charges collected by the city on behalf of other entities, such as King County Water Treatment Division, shall be unaffected.
B.
The exact amount of the lifeline rate reduction shall be set annually by the city council and published on the city's official utility rate schedule.
(Ord. No. 901, § 8(Exh. A), 4-23-2009; Ord. No. 1130, § 1(Att. A), 11-21-2019)
A.
Lifeline utility discount is available to any household that meets the following criteria:
1.
The residence or equivalent residential unit, such as a manufactured home or apartment, seeking to receive the lifeline utility discount must be served by City of Black Diamond utilities;
2.
For single-family residences, the account must be in the name of a residential customer who is sixty-two years of age or older, or who can provide verification from an attending physician or other official document, such as a supplemental security income (SSI) statement, of being disabled; and
3.
Total household disposable income from all sources (such as social security; disability payments; veteran's benefits; pensions; rents; annuities; IRA withdrawals; etc.) must not exceed the official guidelines set annually by the federal Department of Housing and Urban Development (HUD).
B.
For apartments, manufactured homes, and multi-family residential structures where residents are not billed directly by the city, the property owner or manager must submit a signed residency verification form provided by the city. This form shall require the property owner or manager to certify that approved lifeline discounts will be passed on to the eligible resident. To be entitled to the lifeline discount, the resident must meet the same eligibility criteria as residents of single-family residences established in subsection A, above, except the account need not be in the resident's name.
C.
Households in which a person resides who is receiving kidney dialysis may receive a lifeline discount on water. The resident receiving kidney dialysis must be living at the residence or equivalent residential unit receiving the lifeline discount on water.
D.
Lifeline utility rates shall be available for residential customers only; non-residential users shall be ineligible to receive lifeline rates.
(Ord. No. 901, § 8(Exh. A), 4-23-2009; Ord. No. 1130, § 1(Att. A), 11-21-2019)
13.02.040 Application and approval procedure.
A.
Application Procedures.
1.
Persons wishing to apply for a lifeline discount shall file an application with the city on a form supplied by the city. This form shall include a statement in which the applicant attests under oath that the information provided by the applicant is true and correct to the best of applicant's knowledge.
2.
The applicant shall provide all documentation requested in the city-supplied application, which verifies the applicant's residency, age or disability, and income.
3.
If the applicant is asserting a disability or kidney dialysis that renders him or her eligible for a lifeline utility discount, the applicant must provide verification of their condition from a licensed attending physician or through other official documents, such as a supplemental security income (SSI) statement, that verifies that the applicant's claimed disability.
4.
The city may require any other information from the applicant reasonably necessary to determine the applicant's eligibility.
B.
Approval or Denial of Application.
1.
Applications for lifeline utility discount shall be reviewed by the city's finance director, or his or her designee, for completeness and eligibility. An incomplete application shall not be processed.
2.
The finance director, or his or her designee, shall inform the applicant whether the application has been approved or denied.
3.
If denial is based on a knowing or intentional misrepresentation of information by the applicant, the applicant shall be ineligible to receive a lifeline discount for a period of five years.
C.
Effective Date of Lifeline Discount. The lifeline discount shall take effect on the next bill following the approval of the applicant's complete application.
D.
Annual Application Required. Applicants for a lifeline utility discount shall be reviewed for approval based on the applicant's circumstances at the time of application; provided, persons may apply only once in any calendar year, and persons who have previously been denied based on knowing or intentional misrepresentation to the city shall be ineligible to receive lifeline discounts for a period of five years. Persons who have previously been approved for a lifeline utility discount must reapply each year and demonstrate their continued eligibility. No lifeline discount shall be renewed without an application and approval as provided in this section.
E.
Revocation of Lifeline Rate. The city shall have the right to immediately revoke any lifeline utility discount upon probable cause to believe the applicant and/or recipient of the rate is ineligible to receive it.
(Ord. No. 901, § 8(Exh. A), 4-23-2009; Ord. No. 1130, § 1(Att. A), 11-21-2019)
A person who has properly applied for and been denied a lifeline utility discount may appeal this denial by filing a request for reconsideration, in writing, within ten days of the denial to the mayor or his or her designee. The appellant may provide additional information to support the appeal, if desired. A decision on the appeal shall be issued within thirty days of receipt. The decision of the mayor or his or her designee shall be final. Requests for reconsideration received by telephone, facsimile, or email shall not satisfy the requirements of this section. Denial of approval for a lifeline utility discount may not be appealed to the city hearing examiner.
(Ord. No. 901, § 8(Exh. A), 4-23-2009; Ord. No. 1130, § 1(Att. A), 11-21-2019)
13.02.060 Violation—Penalties.
The city shall have authority to take all measures, criminal and civil, allowed by law to seek reimbursement for any reduction in utility rates achieved based on intentional misrepresentation, fraud, or deceit, and to seek any other penalties available under the law.
(Ord. No. 901, § 8(Exh. A), 4-23-2009; Ord. No. 1130, § 1(Att. A), 11-21-2019)