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HomeMy WebLinkAboutOrdinance No. 682 Addendum ORDINANCE NO. 68? ADDENDUM ESTABLISHING GARBAGE REGULATIONS AND SETTING GARBAGE FEES FOR RESIDENTIAL AND COMMERCIAL ESTABLISHMENTS FOR THE YEAR 1980. BE IT ORDAINED by the Council of the City of Laurel that there is hereby added to the Laurel Municipal Code to Section 8 the following which is to read: Section 8.12.059 Payment of Combined Billing Under Protest In all cases of combined billing of water, sewer, refuse collec~ tion or other service charges of the City which are deemed unlawful or disputed by the party who is assessed or billed or enforced, such party may, before such assessment or charges becomes delin- quent, pay under written protest such portion of such combined billing deemed unlawful or disputed to the City Treasurer, speci- fying the grounds of protest. The method of protest and com- mencement of action to recover any such portions shall be the same as for payment of taxes, licenses, or other demands for public revenue under protest as set forth in ~ 15-1-402, M.C.A. Section 8.12.059 A Notice and Hearing Before Termination of Water Service 1. In all cases where a party fails or refuses to pay the ~ombined billing of water, sewer, refuse collection or other service charges of the City, the City Clerk shall service notice by regular mail, not less than fifteen (15} days, upon the party that the water service will be terminated for nonpayment of the combined billing. 2. The water service shall be terminated for nonpayment of the com- bined billing unless the party so billed shall: a. Within fifteen (15) days after receiving notice file grounds of protest with the City Clerk and request a hearing before the City Council or its designated committee; or b. Within fifteen (15) days after receiving such notice, pay under protest to the City Treasurer, such portion of the combined billing deemed unlawful or disputed and proceed as set forth under ~ 15-1-402, M.C.A. S. Within ten (10) days after receiving a request for a hearing before the City Council, or its designated committee, the City Clerk shall set the time and date of the hearing and give notice to the requesting party at least six (6) days before the hearing. -i- Upon the hearing, the City Council or its designated committee, shall determine whether the grounds of protest are justified or whether the water service should be terminated for nonpayment of the combined billing. If the City Council or its designated committee, shall find that the party was entitled to a modifi- cation or an adjustment of the billing, the City Council or its designated committee, shall change or modify the billing; but if the City Council or its designated committee, shall find that the party was not entitled to an adjustment of the billing, the party shall make payment of the combined billing within ten (10) days of the finding of the City Council or its desig- nated committee, and upon failure to make payment of the com- bined billing the water service shall be terminated. 5. The party may, within ten (10} days of the findings of the City Council or its designated committee, pay under protest such por- tion of such combined billing deemed unlawful or disputed to the City Treasurer, specifying the grounds of protest and pro- ceed as set forth in ~ 15-I-402, M.C.A. Passed by the Laurel City Council and approved by the Mayor this 3rd day of June, 1980, to become effective upon passage DonaI'd-~L. Hackmann, City Clerk Approved as to f~rm: Herman, Mayor -2-