Council Passes Water Shutoff

WAITSBURG - The Waitsburg City Council last Wednesday night voted 4-1 in favor of enacting a new ordinance that will give the city the ability to shut off city utilities to citizens who don't pay bills or violate the nuisance codes.

This new way to handle violators should help the city enforce its rules better, said Randy Hinchliffe, the city's clerk-treasurer. In the past, the city would give citizens a ticket if they didn't follow the rules, but the Sheriff's Office and the city had trouble following through.

"We didn't get anywhere with it," Hinchliffe said.

Now that the city will have the ability to shut off water to those who don't comply, Hinchliffe said those cases will be "kind of rare."

The city of Woodland also has a similar city ordinance, he said.

The ordinance deals with " any violation related to the city's municipal code," Hinchliffe said.

The idea came to Hinchliffe because it had already been in practice in the city in one instance. He said if new tenants moved to town and didn't come register with the city, the city would turn off their water. As soon as the water was shut off, the new tenants would go into City Hall to register and get their water turned back on. Hinchliffe said it worked so well, the city decided to expand on the idea.

For a resident not abiding by city code, he or she will receive a letter from the city letting the resident know and prompt action. If there is no action taken by the resident and there is no appeal to the city, city utilities will be disconnected the next month on the 10th.

Residents who receive the notice can file an objection and the planning commission will evaluate the circumstance. During that time, no action can be taken on the utilities. The planning commission will act in a quasi-judicial manner and decide if that person was in fact "a nuisance" according to city code.

After the planning commission hands down a decision, the resident could appeal that decision to the city council, which would have 30 days to figure out what to do. Finally, to city code.

After the planning commission hands down a decision, the resident could appeal that decision to the city council, which would have 30 days to figure out what to do. Finally, if the resident does not like the council's decision, they can appeal for a judicial review, which is a 120-day process and keep their utilities on during that time. The resident will be billed throughout this time as the utilities remain turned on.

"My only concern is the liability of the city," Councilman Scott Nettles said.

Nettles was the only member of the council who voted no because he said he was worried about using city staff members' discretion on whose utilities should be cut off and worrying it would do harm to the elderly and children.

Councilman Marty Dunn said there is a great "monetary burden on the city" when property owners don't pay their bills, and shut-off is necessary.

Resident Edna Downing attended the council meeting on Wednesday to speak out against the new shut-off rule.

"I find it a real stretch to not follow city ordinances and have your water shut off," she said. "It might be legal, but this is not morally correct."

Downing was worried the new ordinance would affect the friendliness of the town.

"We're acting more like a big city where they have these stronger regulations," she said.

Lawyer Michael Hubbard said the City of Dayton was advised against putting in place a similar ordinance because shutting off water could cause sanitation problems. Hinchliffe said he doesn't expect a sanitation issue because the city won't likely turn off water often.

"I figure most people are good enough about doing stuff," he said. "It's just a few who don't comply. We've heard more people in favor of it than against it."

Members of the council didn't talk much about having grass too high as a reason to shut off water. People not paying their bills was the main reason for the ordinance change.

The council passed the ordinance including language that it would take hardship cases into consideration before the utilities are turned off.

"I really believe people who owe their bills need to pay them," Dunn said.

Hinchliffe urged residents to be proactive and if they have a question about a nuisance ordinance to call City Hall at 337-6371. Letters with more information on the change should go out this week.