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File #: Ordinance 21-2015    Name:
Type: Ordinance Status: Passed
File created: 2/25/2015 In control: City Council
On agenda: 3/17/2015 Final action: 3/17/2015
Title: Ordinance on second reading amending section 7-8-11 of the city code regarding storm drainage fee delinquency charges.
Attachments: 1. Ordinance No. 21-2015
Agenda Date: 03/17/2015
 
Subject:
Title
Ordinance on second reading amending section 7-8-11 of the city code regarding storm drainage fee delinquency charges.
Body
 
Presented By:
Doug Farmen, Finance Director
 
POLICY QUESTION:
Does city council support changing the delinquency charges for outstanding storm drainage account balances?
 
BACKGROUND:
The city's 25 percent delinquency charge for storm drainage utility account balances (outstanding balances after August 15th due date) was in effect for decades.  In January 2012, staff proposed reducing the 25 percent rate to 15 percent to provide a more reasonable charge and lessen the impact on staff.  However, the city council proposed and implemented a 'tiered' approach:  10 percent on balances owed after August 15, an additional 10% on balances owed after September 15, and an additional 5 percent on balances owed after October 15, for a maximum total of 25 percent.
 
STAFF ANALYSIS:
'Tiered' Approach (adopted in 2012)
The new due dates and delinquent charges have a three-year history with these results:
 
·      In 2014, staff received approximately 500 phone calls (more than 1 percent of accounts) from customers asking questions about the delinquent dates.  This is confusing for customers and consumes valuable staff time.
·      Considering all of the charges and account adjustments, the city's limited staff cannot send out bills after each delinquent date, making it difficult to provide timely account balances to customers.
·      There is a greater chance for software and manual errors.
·      If city staff waives a delinquent charge (due to a customer's prompt payment history), the multiple fees result in a higher volume of manual account adjustments.
·      The city still receives complaints that the combined 25 percent delinquent charge is too high.
 
 
 
 
 
 
 
 
 
Staff recently surveyed other municipal utility services:
 
Jurisdiction (may include water utility service)
Late Fee Policy
Arvada
$10 after 12-day grace period
Boulder
$15 after 90 days; shutoff after 110 days
Broomfield
$5 and $25 reconnection fee; 10-day grace period
Castle Rock
After 5-day grace period, $5 penalty
Denver Water
5% (maximum of $250); 6-day grace period
Englewood
Annual 25%, Quarterly 5%
Glendale
20% penalty
Golden
$10 after 5-day grace period
Lafayette
$10 or 15% late fee (whichever is greater)
Lakewood
5% penalty, not to exceed $15
Parker
Tier - 30 days past due: $25; 60 days additional $25; 90 days additional $25 plus property lien
Thornton
$10 late fee; no grace period
Westminster
$5 after 5-day grace period
 
FISCAL IMPACTS:
It is difficult to approximate the fiscal impact to the Storm Drainage Utility Fund.  The average current delinquency charge is estimated to be 10%-15% so it is likely that the impact to these revenues is immaterial.
 
Delinquent Fee History
 
Year
Revenues - Delinquent Charges
2011
$12,357
2012
$19,552
2013
$10,167
2014
$14,053 (estimated)
 
STAFF RECOMMENDATION:
Staff recommends eliminating the tiered system and replacing it with the recommendation made in 2012: 15 percent delinquency charge for payments received after August 15th (with a five-day grace period to August 20th).  
 
PROPOSED MOTION:
Proposed Motion
I move to approve on second reading the ordinance amending section 7-8-11 of the city code regarding storm drainage delinquency charges.