Chapter 13.05 GENERAL REGULATIONS

At the enactment of the ordinance codified in this title, the borough did not own or operate any water or sewerage treatment plants or facilities. These regulations were approved and adopted only as a conduit for billing, collection and remission to the city of Kodiak for services received via the city facilities. Increased charges to customers served over that billed to the borough by the city will be only that amount necessary to administer and maintain the utility systems. [Ord. 82-3-O, 1982. Formerly §13.01.010].

13.05.020 Definitions.

As used in this chapter, the following definitions shall apply:

“Commercial” means a premises used for commercial or business purposes that discharges a quality of sewage essentially similar to that of a single-family dwelling.

“Industrial” means a premises used for manufacturing or industrial purposes which discharges industrial waste, sanitary waste, and sewage by reason of the manufacturing or industrial process involved, or discharges chemicals or putrescible materials.

“Service unit” means a unit of measure which is equal to the sewer usage of an average single-family unit which, for the purpose of this chapter, is determined to be that of a single-family unit whose average water consumption is 7,500 gallons per month, such unit being used to equate the sewer usage of a commercial customer to a residential customer, or special residential uses to a single-family unit.

“Single-family unit” means a dwelling unit designed, improved, or used as a residence for one family only. Each unit in a multiple-family dwelling or each trailer or mobile home not in a mobile home park shall be a dwelling unit. The average water usage of a single-family unit, for the purposes of this chapter, is determined to be 7,500 gallons per month. [Ord. 87-12-O §§2, 3, 1987; Ord. 82-3-O, 1982. Formerly §13.01.020].

13.05.030 Connection required.

Every owner of property or a residence using or having occasion to use water and/or sewer in the borough, on that premises whether leased, used, occupied, or owned by him, shall establish individual service connections with the nearest borough water and/or sewer main in the manner and following the procedure hereinafter set forth in this chapter; provided, however, that this provision shall have no application as to any person where the property line of the premises in question lies more than 200 feet from the nearest water and/or sewer main. [Ord. 82-3-O, 1982. Formerly §13.01.030].

13.05.040 Applications for water and/or sewer service connections.

A. All applications for water and/or sewer service connections shall be made to the cashier on forms provided by the borough.

B. If the water and/or sewer line must be tapped to provide service to the applicant and the property to be serviced has not been charged for the service connection as part of a local improvement district, the applicant shall pay the cost of the labor, equipment, and materials used, plus a percentage for administration and inspection costs, as established by resolution of the assembly.

C. Prior to installation of a water and/or sewer service connection, the applicant shall deposit with the borough an amount estimated by the borough engineer to cover the cost of the service connection. If the actual costs exceed the amount of the deposit, the borough will bill the applicant for the difference. If actual costs are less than the deposit, the difference shall be refunded.

D. All new water and/or sewer service connections shall be designed and constructed in compliance with applicable codes and in accordance with acceptable construction practices. Each service connection shall be inspected by the borough and/or city prior to burial to determine source of service, compliance with established borough/city construction standards and general integrity of the connection. No sewer connection will be permitted if it will allow the inflow or infiltration of material from nonsanitary sources. [Ord. 82-3-O, 1982. Formerly §13.01.040].

13.05.050 Security deposits.

The borough will require a security deposit on all new accounts. The amount of this deposit will be not less than an average two months normal billing. Such deposits will not be subject to any interest earnings. [Ord. 82-3-O, 1982. Formerly §13.01.043].

13.05.060 Refund of security deposits.

Security deposits will be refunded to the individual in the following manner prescribed:

A. Termination of Service. Upon termination of service, the deposit will first be applied against any amount owing and then the residual will be refunded to the individual.

B. One Year of Prompt Payment. Any individual who has proven his financial responsibility by making payments promptly for service rendered for a period of one year or more will be refunded any deposit on the books. [Ord. 82-3-O, 1982. Formerly §13.01.047].

13.05.070 Unauthorized hookups.

Those individuals who have enjoyed the services provided by unauthorized hookups prior to the date of the passage of the ordinance codified in this title will have a period not to exceed 60 days to make application and legalize such hookups. After this two-month grace period, any representative, inspector, or other employee of the city or borough discovering an unauthorized hookup will cite such unauthorized act in writing to the mayor. [Ord. 84-61-0 §10, 1984; Ord. 82-3-O, 1982. Formerly §13.01.050].

13.05.080 Location of individual private utility connections.

No individual service line may cross private property other than the lot which the utility connection services; provided, however, that such a crossing may be allowed:

1. Where authorized by a platted easement;

2. The easement is determined to be in the public interest; and

3. a. The easement provides technically superior routing; or

b. The easement will contain a pre-existing line. [Ord. 90-22 §2, 1990; Ord. 85-21-O §1, 1985. Formerly §13.01.055].

13.05.090 Connection – From main to premises.

A. All pipes and appurtenances from the main to the property line shall be installed by the borough, or its contracted maintenance firm, at the expense of the consumer.

B. All pipes and appurtenances between the property line and the consumer’s premises shall be installed at the consumer’s expense, and by a qualified contractor. [Ord. 82-3-O, 1982. Formerly §13.01.060].

13.05.100 Connection – Repair responsibility.

The borough will keep in repair all connections at and from the main to the property line, and the consumer will be responsible for all pipes and appurtenances on his property. [Ord. 82-3-O, 1982. Formerly §13.01.070].

13.05.110 Connection – Cost computation.

A. When an application has been made to the cashier for water and/or sewer service connection, the same will be installed as soon as practicable by the borough. The work to be done by the borough shall be all work between the main and the property line, and all material and labor used in making such connection shall be charged on a cost plus percentage basis, as determined by resolution of the assembly to cover costs.

B. Charges for turning on (or turning off) existing services shall be a fee established by resolution of the assembly or actual costs, whichever is greater.

C. Charges for utility service installation inspection shall be a flat fee of $30.00 plus $20.00 for each additional trip to the site beyond the initial inspection. [Ord. 92-12 §3, 1992; Ord. 85-21-O §2, 1985: Ord. 82-3-0, 1982. Formerly §13.01.080].

13.05.120 Excavation – Permit required.

A permit must be obtained from the borough before any excavation shall be made in any street or alley for the purposes of installation or repair of water and/or sewer mains or connections. Fees will be established by resolution of the assembly. [Ord. 82-3-O, 1982. Formerly §13.01.090].

13.05.130 Several properties served by one connection.

A. Where water and/or sewer service exists at the time of enactment of the ordinance codified in this title for the use of several properties or families from one connection, the party owning the connection will be held responsible for all charges as though he were the owner of the properties benefited by the connection. The terms of this section do not abrogate the provisions of KIBC 13.05.030 as improvements are made to the system.

B. Where one property has more than one service, such as, but not limited to, mobile home parks and apartment houses, the property owner shall receive the billing for all units.

1. Upon presentation of satisfactory evidence by the owner, or his agent, to the cashier that senior citizens actually reside on the property, the account will be adjusted to charge senior citizen rates for those dwelling units which would normally qualify under the provisions of KIBC 13.05.170.

2. The owner, or his agent, shall immediately notify the cashier when a senior citizen vacates the property.

3. A copy of this provision shall be provided to the owner, or his agent, at the time of qualification for the reduced senior citizen rate. [Ord. 85-21-O §2, 1985: Ord. 83-27-O §1, 1983; Ord. 83-1-O §3, 1983: Ord. 82-3-O, 1982. Formerly §13.01.100].

13.05.140 Supplying others – Permit required.

No person supplied with water and/or sewer service from the borough mains shall be entitled to use it for supplying other persons or families, or for any other purposes, without a permit from the borough having first been obtained. Permits will be issued only in the case of properties over 200 feet from the nearest main. In any event, multiple connections will be prohibited when water and/or sewer service is reasonably available. [Ord. 82-3-O, 1982. Formerly §13.01.110].

13.05.150 Billing.

Accounts will be maintained in the name of the owner or occupant as provided at the time of application for services. The billing address or addressee may be changed periodically for the convenience of the customer, realizing that ultimately any delinquent amounts may be addressed as a lien against the property owner. Billing for service will normally be in the customer’s hands prior to the tenth of the subsequent month and are due not later than the fifteenth. Nonreceipt of a bill does not alter the due or delinquency dates. [Ord. 82-3-O, 1982. Formerly §13.01.120].

13.05.160 Rates – Service classes.

The user charge system shall be reviewed periodically to assure that each user is paying a proportionate share of applicable costs. The service charge for equivalent service units and categories of service shall be adjusted as necessary to reflect costs. Rates and classes of service shall be established by resolution of the assembly, and may be changed at any regularly scheduled meeting of the assembly with prior notice to the service district. [Ord. 82-3-O, 1982. Formerly §13.01.130].

13.05.170 Residential rate reduction for senior citizens.

Whenever a person 65 years of age or over applies for and is primarily responsible for the water and/or sewer service costs at a residence occupied by him or her and where he or she is the head of the household, the rate for water and/or sewer usage shall be one-half the usual rate for residences. [Ord. 82-3-O, 1982. Formerly §13.01.140].

13.05.180 Charges – Effective date.

A. Charges for water and/or sewer service shall commence when the premises is connected directly or indirectly to the systems on the date of such connection, or at the time of the deadline for connection established by the service district or municipality, as the case may be, whichever occurs first. Water service charges, prior to the issuance of a certificate of occupancy, on vacant premises will be levied at the current rate for a vacant premises as set by resolution of the assembly. Water and sewer service charges shall be for the full month if connection is made before the fifteenth of the month and shall be deferred to the following month if connection is made after the fifteenth of the month.

B. Upon the issuance of a building permit, charges for water and/or sewer service will be made at the current rate for vacant premises, as set by resolution of the assembly. [Ord. 92-06 §2, 1992; Ord. 86-43-O §1, 1986; Ord. 85-21-O §2, 1985: Ord. 82-3-O, 1982. Formerly §13.01.150].

13.05.190 Charges – Late payment fees.

Bills not paid by the twentieth day of the month (or first workday thereafter) shall be subject to a late payment fee. This fee shall be calculated at one percent per month of the outstanding balance, and a minimum fee of $1.00 per service class (a bill with water, sewer, and garbage would be three service classes) for each month or portion thereof past due, whichever is greater. [Ord. 91-22 §2, 1991; Ord. 87-32-O §2, 1987; Ord. 85-21-O §1, 1985. Formerly §13.01.155].

13.05.200 Charges – Lien – When.

Every charge to a person made by the borough in connection with the construction, installation, or repair of any water and/or sewer service or for water furnished for consumption constitutes a lien chargeable against the property and has a status the same as if the charge has been levied or assessed as a property tax. The lien may be foreclosed by the borough in the same manner as any other lien or mortgage against the property for nonpayment. [Ord. 82-3-O, 1982. Formerly §13.01.160].

13.05.210 Vacancy.

A. No reduction of charges will be made on partially vacant or vacant premises unless the director of finance has first been notified of such intended vacancy. No allowance will be made for a period of less than 30 days.

B. Service may be disconnected for periods of vacancy upon application to the director of finance and payment of disconnect and reconnect fees as established by the current fee resolution of the assembly.

C. Service may be reduced on partially vacant or vacant premises upon application to the director of finance and payment of administrative fees equivalent to disconnect and reconnect fees as established by resolution of the assembly. When such vacancy or partial vacancy occurs, the current rate for vacant premises, as set by resolution of the assembly, will be charged the property owner. The property owner will certify in writing that the premises are vacant and will indicate the length of vacancy anticipated. The property owner of vacant or partially vacant premises will be required to recertify in writing that the premises remains in a vacant status when the duration of such vacancy exceeds 180 days from the original certification or recertification. The property owner will notify the director of finance immediately when the premises are again occupied. If the premises are again occupied and the director of finance is not notified immediately, the account will be back-billed as if no vacancy occurred. [Ord. 92-06 §2, 1992; Ord. 87-32-O §3, 1987; Ord. 85-21-O §2, 1985: Ord. 82-3-O, 1982. Formerly §13.01.170].

13.05.220 Governmental or public premises.

The provisions of this chapter shall apply to governmental or public premises in the same manner as to premises which are not governmental or public. [Ord. 82-3-O, 1982. Formerly §13.01.180].

13.05.230 Construction standards.

The city of Kodiak standard construction specifications are adopted by reference and incorporated within this title and shall be used in administering the provisions of this chapter. All construction, other than roads, will be constructed in accordance to the latest edition of the city of Kodiak standard construction specifications. When city standard construction specifications do not exist, existing borough capital project specifications will apply to supplement the city standard construction specifications. [Ord. 95-14 §2, 1995; Ord. 82-3-O, 1982. Formerly §13.01.190].

13.05.240 Indirect costs.

Indirect costs will be allocated to the various capital improvements projects based on a reasonable formula developed by the borough engineer. The formula as developed will be approved by the manager and implemented by the finance director. Indirect costs so allocated will be posted to the accounting system of the project not less frequently than quarterly (monthly preferred).

A. Projects Under Construction. Indirect cost allocation for projects under construction will be by a reconcilable formula developed by the borough engineer, approved by the manager and implemented by the finance director.

B. Completed Projects. Completed projects are closed out from the capital improvements fund and are capitalized into the respective utility fund. Thereafter the services provided by the general fund water and sewer type funds will be accomplished on a reimbursable basis. This will be through a reasonable allocation process developed and implemented by the finance director after approval by the manager. [Ord. 98-19 §2, 1998; Ord. 86-04, 1986. Formerly §13.01.199].

13.05.250 Capital projects.

Capital projects for improvement and/or expansion of the system will be initiated and administered in accordance with the provisions of Chapter 4.40 KIBC. [Ord. 82-3-O, 1982. Formerly §13.01.200].