§ 11.40.075. BOAT HARBOR ELECTRICITY SERVICE.
   (a)   Availability. Electrical service is available to users of the Sand Point Harbor subject to the provisions of this chapter and such regulations or requirements as the Harbormaster or City Council may implement, as well as any conditions imposed or required by the local power supplier. Electrical service is also available for dry storage users subject to the same provisions as are applicable to harbor users.
   (b)   User's responsibility. City-owned electrical connections are provided as a service to harbor users only. Users are responsible for installing and maintaining his or her electrical wiring and equipment in accordance with applicable local, state, and national electric and building codes. The city is not responsible for any damages caused by any user's use of the electrical connections. The city retains full authority to interpret and enforce the provisions of this chapter to facilitate the best interests of the harbor and other users.
   (c)   Application required. Any person or entity wishing to utilize electrical service at the harbor or upland dry storage area must first complete an electrical service application and pay the appropriate service fee and deposit as set forth in the Schedule of Fees.
   (d)   Deposit requirements. All non-transient users utilizing harbor electrical facilities must submit a deposit for electrical service prior to commencing service, subject to the requirements of this section. The amount of the deposit is shown in the Schedule of Fees.
      (1)   A separate deposit is required for every point of delivery or meter.
      (2)   The harbor will issue the applicant a written receipt for the deposit and provide the applicant with a copy of this section (§ 11.40.075) of the City Code. Failure to receive a receipt or copy of this section shall not relieve users from the requirements of the Code or other applicable laws.
      (3)   The harbor will refund a deposit for electric service within 90 days of the date an applicant meets either of the following requirements:
         a.   The applicant has previously established a good payment record with the harbor; or
         b.   The applicant provides a letter or other written verification from the electric utility that last provided comparable service to the applicant stating that the applicant was not delinquent in payment for the last 12 consecutive months of service at the prior location.
      (4)   General provision for refund of deposits.
         a.   The harbor will not require a user to produce a deposit receipt in order to receive a refund of the deposit that is reflected on the harbor's books.
         b.   For deposits not returned earlier under the provisions of § 11.40.075(d)(3), the harbor will refund deposits within 30 days after the earlier of the date.
            1.   The user completes 12 months of continuous service during which the user was not past due in payment, has not been delinquent in the last six months, and is not past due at the end of the 12 months; or
            2.   The user terminates service. In this case the deposit amount refunded will be the amount which exceeds any balance due the harbor.
      (5)   Adjustment of deposit amounts. The harbor may institute or adjust a deposit for an established user who becomes delinquent in payment. The amount of any new deposit required will be consistent with the above provisions.
   (e)   Costs of electrical service to transient and long-term users.
      (1)   Transient users. Transient harbor users are any users who:
         a.   Have not established long-term electricity service accounts;
         b.   Do not maintain a reserved slip in the Sand Point Harbor; or
         c.   Accesses electrical service in the upland dry storage area.
         Transient users are required to pay the daily electrical service fee in advance of each day in which such users intend to receive electrical service. The rate for electricity supplied to transient users is equal to the rate established by the local power supplier, including any cost adjustments. Transient users shall be charged for the actual amount of electrical power consumed, with a minimum fee as set forth in the Schedule of Fees. Any user whose actual power usage exceeds the amount of the service fee shall be charged the actual cost of electrical usage. All transient users must report to the harbor office immediately upon arrival at the harbor and prior to accessing electrical service in order to apply for service. Transient users must check out prior to departure. Any transient user with an outstanding or past due fee shall not be allowed to access electrical service until the unpaid amount is paid along with any required penalty.
      (2)   Long-term users. Long-term users are required to pay for all electricity used, plus the monthly electrical service fee set forth in the Schedule of Fees. The rate for electricity supplied to long-term users is equal to the rate established by the local power supplier, including any cost adjustments. Usage charges for users will be based on the readings of meters installed by the harbor and read monthly by harbor staff. The harbor will separately bill for each meter at a user's location. Readings from two or more meters will not be combined. The monthly electrical service fee is charged on a per slip basis for every month the slip is reserved by the user regardless of whether any power is used in a given month.
   (f)   Billing and collection practices for long-term users.
      (1)   Harbor staff shall attempt to read every meter monthly. If for any reason staff is unable to read a meter during the scheduled meter reading cycle, or if the meter is determined not to have accurately recorded the amount of electricity used, consumption may be estimated based upon the user's usage during the same month of the previous year or the amount of usage during the preceding month or months. Every estimated billing will contain a statement that the billing is based on an estimated meter reading.
      (2)   The harbor will bill monthly for services rendered. Charges for service shall commence when the service is installed and energized.
      (3)   Bills are due and payable on the billing date.
      (4)   A bill will be considered past due if not paid within 25 days after the billing date. Failure to pay a bill within 40 days of the billing date may lead to loss of service until the bill is paid.
      (5)   Unless otherwise agreed to by both the user and the harbor, payments will be applied to amounts owed in the same order as the amounts became due.
      (6)   The harbor will impose a late charge of 1% of the past due amount until the amount is paid in full.
      (7)   Users may pay their bills for electric service in person at the harbor office or by mail.
      (8)   Failure to receive a bill that has been properly addressed and mailed to the user does not prevent the bill from becoming past due or delinquent or excuse the user's responsibility for payment. If a user does not receive a monthly bill at the time of the month the user normally receives a bill, the user should immediately notify the harbor.
      (9)   A user who tenders a non-sufficient funds check is still obligated to pay the harbor under the original terms of the bill. A fee as set forth in the Schedule of Fees will be charged for all dishonored checks. Any person who has tendered two dishonored checks to the harbor within a twelve-month period may be denied the privilege of paying by personal check.
      (10)   If a single application for service is made by two or more individuals together, the harbor may collect the full amount owed from any one of the applicants.
      (11)   If a user requests the harbor to disconnect service, the user is still responsible for all services up to the later of the requested disconnection date or three working days after the user places the request.
      (12)   Users with delinquent accounts may arrange for deferred payment agreements with harbor staff in special circumstances.
   (g)   Meter testing. At the request of the user the harbor will test any meter if the user agrees to pay the meter testing charge shown in the Schedule of Fees under the conditions described below.
      (1)   If the meter is found to over- or under-register by more than 2% and there is no evidence of meter or electric service tampering by the user, the harbor will not charge the user for the meter test.
      (2)   Otherwise, the harbor will charge the user for any meter test performed at the request of the user.
   (h)   Meter errors. Any billing errors caused by a failed or malfunctioning meter shall be corrected according to this section.
      (1)   Meter errors involving over-registration. If a meter in service is tested and found to have over-registered the amount of power delivered by more than 2%, the harbor will recalculate the bills for service from the known date of error and will make a refund or credit for the entire over-registered amount if it exceeds $5. If the beginning date of error is unknown, the harbor will refund or credit the most recent user of record for the billed error for the period since the meter was last tested, not to exceed six months, or the period during which the most recent user of record received service through the meter, whichever period is less.
      (2)   Meter errors involving under-registration. If the meter is tested and found to have under-registered the amount of energy or power delivered, the harbor may calculate the amount owed as provided in § 11.40.075(f)(1).
   (i)   Make-up bills. Any make-up bill provided to a user to require payment for service inadvertently not billed or service that was not billed as a result of an estimated billing is subject to the following restrictions:
      (1)   The initial make-up bill must be issued within six months after provision of the previously unbilled service.
      (2)   The period for payment of the make-up bill may, at the option of the user, extend at least as long as the period during which the excess amount accrued.
   (j)   Disconnection of service.
      (1)   The harbor may disconnect service to a user without advance written notice for any of the following reasons:
         a.   An immediate hazard exists which threatens the safety or health of the user or the general population or the harbor's personnel or facilities.
         b.   The harbor has evidence of meter tampering or fraud by the users.
         c.   A user has failed to comply with curtailment procedures imposed by the harbor during emergency supply shortages.
         d.   A user resells electric service.
      (2)   The harbor may terminate electrical service for any of the following reasons after providing written notice by personal service or certified mail at least ten days prior to termination:
         a.   A user has failed to pay for harbor service within 40 days after initial billing date and the user has not entered into a deferred payment agreement with the harbor.
         b.   A user has failed to meet or maintain the harbor's deposit requirements.
         c.   A user has breached a deferred payment agreement.
         d.   A user has knowingly and continually failed to provide the harbor with reasonable access to its meter, equipment, or property.
         e.   Disconnection is required in order for the harbor to comply with an order or regulation of a governmental agency with proper jurisdiction.
      (3)   Any user whose service is terminated for any of the reasons listed in this subsection shall be required to pay the disconnect and connection fee set forth in the Schedule of Fees unless the termination did not occur as a result of any fault, action, or inaction, of the user.
   (k)   Disconnect fee. Any long-term user wishing to terminate service or transfer service to a different responsible user must file a written notice of termination with the harbor office. The user is still responsible for all services up to the later of the requested disconnection date or three working days after the customer places the request. Long-term users terminating service shall be required to pay a disconnection fee as set forth in the Schedule of Fees.
   SCHEDULE OF FEES
Description
Charge
Description
Charge
Connection or reconnection of service
(long-term users)
$20
Voluntary disconnect/transfer fee
(long-term users)
$20
Re-connect service (after disconnect for delinquent long-term account)
$50
Security deposit (long-term users):
   120v connection
$100
   208v connection
$200
Dishonored check fee
$25
Late charge
1% of unpaid balance
Meter testing charge
$50
Tampering w/ meter seal
$100
Meter re-sealing fee
$100
Damaging or destroying meter or other city equipment
Actual replacement cost plus 20% administrative fee
Service call (unwarranted)
   During office hours
$50
   After office hours
$200
 
Note: If a service or fee is not listed in this Schedule, or if the actual cost to the harbor of performing a specific service for or on behalf of a user exceeds the fees set forth above, the harbor will charge the user the actual cost incurred plus an administrative fee not to exceed 10% of the actual cost incurred.
   SERVICE FEES
 
Transient user vessel
   All connection types
   (harbor slips and dry storage)
$20 minimum connection fee per day or any partial day
If a transient user consumes more electricity than would be covered by this flat rate, then the transient user shall be charged for the actual consumption. Charge for kilowatts may be adjusted without advance notice.
Long-term user vessel
Electrical service charge as determined by local utility provider, plus a service fee as follows:
   All connection types
$15 per month or any partial month
 
(Ord. 2014-06, passed 4-8-14; Am. Ord. 2014-08, passed 6-10-14)