passed ordinance

*Authorize Bureau of Environmental Services to reimburse property owner at 2033 NE Holman Street for sewer user fees in the amount of $4,838

infrastructure utilities
ordinance

Department: Environmental Services
Introduced by: Former Commissioner Mingus Mapps
Status: Passed

Impact statement

Purpose & background

The Bureau of Environmental Services (BES) protects public health, water quality and the environment. It provides sewer and stormwater collection and treatment services to accommodate Portland’s current and future needs. BES protects the quality of surface and ground water and conducts activities that protect and restore our watersheds. The services provided by BES are paid by our ratepayers through user fees approved annually by Council. In August 2016, via Ordinance No. 187926, City Council authorized changes to PCC 17.36 to more clearly allow the BES Bureau Director to authorize reimbursement payments to customers for billing errors. Assuming certain conditions are met, the Bureau Director is authorized to reimburse for up to three years of billing errors. Requests for reimbursement beyond that period may be put forth to City Council for authorization. Heather Munn has paid sewer user fees for the property located at 2033 NE Holman Street, for the discharge of wastewater into the city sanitary sewer system, since November 12, 2005. In March 2022, BES was notified by Heather Munn that the property is not, and has not been, connected to the City sanitary sewer system. BES has confirmed that Heather Munn was the ratepayer, the property is not connected to the city sanitary system, and sewer user fees were billed and collected in error. Under the authority of City Code section 17.36.090.A., BES has provided Heather Munn a credit for the most recent three years of sewer user fees which were billed in error. However, PCC 17.36.090.A. does not allow the Bureau to grant adjustments, waive fees, or pay refunds prior to the most recent three years. This ordinance facilitates fair and equitable BES sewer billing by ensuring the ratepayer is not charged for services that the City has not provided. This ordinance authorizes the Bureau to estimate sewer user fees which were billed to and paid by Heather Munn in error between November 12, 2005 and February 15, 2019 and to refund those fees to the ratepayer.

Financial impacts

No budget changes or additional costs are expected to result from this Ordinance.

Community impacts

The proposed ordinance will benefit BES ratepayers by ensuring equitable, accurate and appropriate sewer user billing.

▸ Full text (the legislation as adopted)

The City of Portland ordains: Section 1. The Council finds: Heather Munn (the Owner) has been the ratepayer for the property located at 2033 NE Holman Street (the Property) since November 12, 2005. Since July 1, 1993, sewer user fees have been billed to Portland ratepayers who cause or permit the discharge of sanitary sewage from a property in their possession into sewer facilities owned or maintained by the City. The Owner was billed sewer user fees for the Property from November 12, 2005, until February 15, 2022. On or about March 15, 2022, the Owner discovered, through an inspection of the sanitary system on their property which was performed by a private contractor, that the property is not connected to the City sanitary sewer system. The Bureau of Environmental Services reviewed City plumbing records to confirm that the property is not connected to the City sanitary sewer system. The Owner paid sewer user fees for the Property, to the City, in an amount estimated to be $6,584 from November 12, 2005, to February 15, 2022. The Owner did not receive sanitary sewer service from the City for these user fees. City Code section 17.36.090.A. allows the Director of the Bureau of Environmental Services to authorize sewer adjustments for billing errors, limited to the most recent three years of billing from when the Bureau is notified of a billing error. The Bureau of Environmental Services issued a reimbursement of $1,746 to the Owner, for the three years of billed sewer users fees collected prior to notification of the error, on April 7, 2022. The remaining amount due is $4,838, with the refund occurring within the water/sewer billing system (Cayenta). Environmental Services will see a reduction in the usual daily revenue and cash for this transaction, with no budgetary expense occurring in BES’ cost elements. NOW, THEREFORE, the Council directs: The Bureau of Environmental Services to reimburse the Owner, Heather Munn, $4,838 in sewer user fees collected in error by the City, from the Owner, from November 12, 2005 to February 15, 2019. Section 2. The Council declares that an emergency exists in order to reimburse the Owner for funds that were collected in error; therefore, this Ordinance shall be in full force and effect from and after its passage by the Council.

Tally

5 yea 0 nay