Chapter 13.10 SEWER ADMINISTRATIVE CODE

The following terms wherever used in this chapter, the city’s rate schedule, and any application or contract for sanitary sewer service, shall have the following meanings, unless the context specifically indicates otherwise.

“City” shall mean the city of Asotin.

“City Hall” shall mean Asotin City Hall, presently located at 130 2nd Street, Asotin, Washington, 99402, with regular business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday.

“Clerk-treasurer” shall mean the duly appointed clerk-treasurer of the city of Asotin, or her deputies and designees.

“Council” shall mean the city council of the city of Asotin.

“Customer” shall mean any individual, firm or organization purchasing sewer service from the city.

“Customer’s account” shall mean any obligation of a customer to the city which is due and payable.

“Mains” shall mean sewer lines owned by the city designed or used to serve more than one premises.

“Mayor” shall mean the mayor of the city of Asotin.

“Multiple-family dwelling” shall mean a structure designed and/or used to house two or more families living independently of each other and including all necessary household employees of such families, including but not limited to multiple-family houses, duplexes, apartments, and condominiums, and shall also mean trailer parks and travel courts having spaces for two or more trailers and manufactured homes, and each trailer and manufactured home or stall shall be deemed a separate unit.

“Person” shall mean any individual, company, association, society, corporation or group.

“Point of delivery” shall mean that point on a property line of the customer’s premises where the customer’s service line is connected to the sewer service connection.

“Premises” shall mean a parcel of real estate, a house or a building and its land, used for home or business, under single control and ownership with respect to use of water and responsibility for payment thereof.

“Single-family dwelling” shall mean a structure designed and/or used to house one family and all necessary household employees of the family.

“Structure” shall mean anything constructed, manufactured or erected, the use of which requires location or attachment to something having location on the ground, including but not limited to buildings, trailers, mobile homes, house trailers and manufactured homes, but not including fences and walls.

“System” shall mean the city’s sanitary sewer system, including all mains and submains thereof.

“WSDOT Standard Specifications” shall mean those specifications set forth in the Standard Specifications for Road, Bridge, and Municipal Construction, current edition, published by the Washington State Department of Transportation. (Ord. 05-670 § 1, 2005)

13.10.020 Scope.

In addition to being an administrative code for the city, this chapter is a part of all written contracts for furnishing and receiving sewer service. This chapter may be referred to as the “sewer administrative code” of the city. (Ord. 05-670 § 1, 2005)

13.10.030 Conflict.

In case of conflict between the provisions of any rate schedule or special contract and this chapter, the provisions of the rate schedule or special contract shall apply. (Ord. 05-670 § 1, 2005)

13.10.040 Disclaimer – Limitation and exclusion of damages.

If the city’s sewer service is interrupted or fails by reason of accident or other cause, the city shall not be liable for damage for such interruption or failure, nor shall such interruption or failure be held to constitute a breach of contract on the part of the city or in any way relieve the customer from performing the obligations of his contract with the city. All incidental damages incurred by a customer as a result of the interruption or failure of the city’s sewer service are hereby limited to $50.00, and all consequential damages so incurred are hereby excluded. (Ord. 05-670 § 1, 2005)

13.10.050 Variance granting.

Repealed by Ord. 19-841. (Ord. 05-670 § 1, 2005)

13.10.060 Violation – Penalty.

A violation of any provision of this chapter shall be a misdemeanor which shall be punishable by a fine not to exceed $250.00. (Ord. 05-670 § 1, 2005)

13.10.070 Violation – Public nuisance.

A violation of any provision of this chapter is declared to be a public nuisance. In addition to any other remedies available to the city, the city may enforce any provision of this chapter by injunction, abatement or other appropriate proceeding in law or in equity in any court of competent jurisdiction. Costs of such proceedings may be assessed against the person violating this chapter in the manner provided by law. (Ord. 05-670 § 1, 2005)

Article II. Sewer Service

13.10.080 Use of public sewer required.

A. It is unlawful for any person to place, deposit or permit to be deposited in an unsanitary manner upon public or private property within the city or in any area under the jurisdiction of the city any human or animal excrement, garbage or other objectionable waste.

B. It is unlawful to discharge to any natural outlet within the city or in any area under the jurisdiction of the city any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.

C. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool or other facility intended or used for the disposal of sewage.

D. The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the city, is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so. Where sewer connections are made as provided in this chapter, septic tanks, cesspools and dry wells shall be physically bypassed and permanently disconnected from sewer lines and their use permanently abandoned. Such facilities shall be filled where their abandonment may result in a hazard to life or property. (Ord. 05-670 § 1, 2005)

13.10.090 Types of sewer service.

The city shall provide the following types of sewer service:

A. “Residential services” include only those services connecting the system to a single-family dwelling.

B. “Multifamily services” include only those services connecting the system to a multifamily dwelling.

C. “Commercial services” include all commercial services, including but not limited to motels, hotels, retail areas and other commercial uses and industrial services. (Ord. 05-670 § 1, 2005)

13.10.100 Permit – Required.

No connections with the city sewer system shall be made by any person without having first obtained a permit from the city. All connections with the city sewer system shall be made under the supervision of the city sewer inspector and no such connections shall be made without first giving the inspector notice that such connection is ready to be made. (Ord. 05-670 § 1, 2005)

13.10.110 Application for sewer service – Plan required – Plan review – Issuance of permit.

Any person desiring to have a premises connected to the city’s system must make application therefor on a special form furnished by the city. Every such application shall be made by the owner of the premises, or by his authorized agent, and shall supply the following information:

A. Owner’s name;

B. Owner’s mailing address;

C. Address of premises to be served;

D. Name and address to which bills shall be sent;

E. Legal description of premises to be served;

F. Anticipated date or dates of construction, installation and connection of the water service connection; and

G. For multiple-family dwellings, the number of units within the structure existing or to be constructed on the premises.

A plan of the proposed connection shall be submitted with the application showing the whole course of the sewer from the house or building to the point of connection with the city sewer system and shall show the location of all branches, wyes, traps and plumbing fixtures to be connected therewith. The plans and specifications shall be prepared by a registered professional engineer, must show the size of pipe and its proposed location and grade and must meet the requirements of this code and city standard practices or, if these are not applicable, the requirements of the city engineer.

If the applicant submits the plans and specifications to the city engineer for review, the applicant shall pay to the city at the time of such submission a deposit as the initial payment for the professional services and administrative costs of such review and checking of the plans and specifications by the city engineer and mayor. Before sewer service is connected, the applicant shall pay to the city the balance of such costs and the city shall return to the applicant any money unexpended from the deposit.

If such plan conforms with the requirements of this chapter, the ordinances of the city and the rules and regulations of State Department of Health, or other appropriate governmental agencies, the building inspector shall so certify and the clerk-treasurer shall thereupon issue the permit upon payment of the fee of $50.00 per hookup, which sum shall be paid and collected before the permit shall be issued and shall include the inspection fees and charges. (Ord. 05-670 § 1, 2005)

13.10.120 Compliance.

All sewer service connections and service lines that are connected to city mains on the effective date of the ordinance codified in this chapter shall conform to the terms and conditions of this chapter. Any sewer service connections and service lines that are not in conformance with this sewer administrative code on such date shall be brought into compliance with this sewer administrative code upon 30 days’ written notice given by the city, unless a longer period of time is authorized by the mayor or his designee. Upon request of the mayor or his designee, a person having premises connected to the city’s system on the effective date of the ordinance codified in this chapter shall submit an application to have the premises connected to the city’s system. (Ord. 05-670 § 1, 2005)

13.10.130 Eligibility for service.

Premises abutting upon an easement or public right-of-way through which there is a city main may be connected to the city’s system. Premises not fulfilling such requirements may be connected to the city’s system upon construction of a line extension or upon satisfaction of other requirements of the city.

Sewer service may be authorized only after all applicable fees and charges have been paid and the mayor or his representative approves the sewer service connection and service line as meeting the requirements of this chapter and city standard practices. (Ord. 05-670 § 1, 2005)

13.10.140 Rates, charges, and fees.

The owner or their authorized agent requesting a new service installation shall pay an installation fee. Owners or their authorized agents who request connection in an approved development or subdivision where sewer service has been installed by a developer shall pay a connection fee. Upon installation the new sewer service is subject to the rates, charges and fees set by the council through an adopted resolution. A current fee schedule shall be provided upon request by the owner or their authorized agent. (Ord. 05-670 § 1, 2005)

13.10.150 Connection of multiple structures.

A single sewer service connection and service line (four-inch minimum) shall be provided for every structure unless the connection of more than one structure to a single sewer service connection and service line is approved by the mayor or his representative prior to the construction of such sewer service connection and service line. The proposed structures must be built on property under single ownership. (Ord. 05-670 § 1, 2005)

13.10.160 Installation.

Construction of the sewer service connection and the service line shall be subject to the following conditions:

A. The service line and sewer service connection shall be constructed, installed, inspected and connected in accordance with this code, applicable plumbing codes, and WSDOT Standard Specifications.

B. All materials, equipment and supplies for service lines and sewer service connections shall be in conformance with this code, applicable plumbing codes, and WSDOT Standard Specifications.

C. The applicant shall be responsible for the service line. The sewer service connection shall be installed by a registered contractor in accordance with AMC 13.10.320.

D. Where applicable water and/or sewer mains shall be installed in the street. Refer to AMC 17.24.010 for subdivisions minimum standards.

E. The applicant or his contractor shall notify the mayor or his representative when the sewer service line is ready for inspection. The grades, materials and manner of construction shall be subject to approval of the mayor or his representative. The city shall be notified in advance of any taps of a sewer service connection to an existing city main. The applicant shall pay an inspection fee for such supervision and for inspection of the sewer service line. The sewer service line shall not be covered before it is inspected.

F. The sewer service connection will be maintained by and kept within the exclusive control of the city, except as otherwise provided in this chapter. That portion of the sewer service installation not included in the sewer service connection shall remain under the exclusive control of the customer, except as otherwise provided in this chapter.

G. No sewer service shall be installed within 10 feet of a water service connection.

H. Any service line crossing state or county roads or rights-of-way shall conform to state or county requirements and the pipes thereof shall be encased in an iron pipe jacket or bored under such roads or rights-of-way. (Ord. 15-794 § 1, 2015; Ord. 05-670 § 1, 2005)

13.10.170 Developments and subdivisions.

The sewer service policy shall apply to all developments and subdivisions governed by Asotin County ordinances and the Asotin Municipal Code regarding plats, short plats, long plats, short subdivisions, and any and all other developments where five or more contiguous lots, tracts, plots or parcels of land are being considered for development. Sewer service installations in developments and subdivisions are subject to the following conditions and requirements:

A. Sewer mains constructed in platted areas shall include the installation of sewer service lines. Exceptions may be made in platted areas where the size of the lot is greater than 5,000 square feet.

B. Service lines that are part of a sewer main extension shall be installed concurrently with the sewer main installation. Services shall be connected to the sewer mains and extended to the customer’s lot line and marked with a seven-foot steel fence post with 12 inches exposed.

C. The service line and sewer service connection shall be constructed with city-approved materials and installed, inspected, and connected in accordance with city standard construction specifications. The developer or contractor is responsible for placement of all materials required for a standard service connection.

D. The developer or contractor is responsible for all costs associated with the placement of sewer services in a development or subdivision including the costs associated with inspection of the service installation.

E. Sewer service installations in developments and subdivisions are subject to the conditions provided for in Article VI of this chapter, Line Extensions. (Ord. 05-670 § 1, 2005)

13.10.180 Service outside city limits.

Application for sewer services outside the city limits may be made at City Hall. The city shall be under no obligation to furnish sewer services outside the city limits. The council shall approve all applications for sewer services outside the city limits. The rate shall be 150 percent of the rate that would be charged were the structure within the city limits. (Ord. 05-670 § 1, 2005)

Article III. Sewer Use and Use of City Property

13.10.190 Sewer service ownership and maintenance.

The city shall own, maintain and operate the wastewater treatment plant and all sewer mains. The customer shall own and maintain their sewer/service line from their building to the city sewer main. The city shall bear no responsibility for the maintenance of the sewer/service line belonging to the customer. (Ord. 16-806 § 1, 2016; Ord. 05-670 § 1, 2005)

13.10.200 Customer’s responsibility for city property.

The customer shall provide space for and exercise proper care to protect the city’s property on its premises.

In the event of loss or damage to the city’s property because of the customer’s negligence or abuse, the customer will be required to pay the cost of repairs or replacement. (Ord. 05-670 § 1, 2005)

13.10.210 System disturbances.

Sewer service shall not be utilized in such a manner as to cause severe disturbances or backups to other customers of the city.

The city reserves the right to refuse to provide sewer service to any applicant thereof or to any customer and to terminate, pursuant to the procedures of Article X of this chapter, the sewer service of any customer of the city when the customer has not complied with this chapter, or when such sewer service would or does interfere with the city’s service to its other customers, causes abnormal demands upon the city’s system, or results in financial loss to the city.

Where equipment causing violent fluctuations in sewer demand is or is to be used by a customer and the city determines that such fluctuations may be detrimental to the service of other customers of the city, the city may require the customer to provide, at its own expense, equipment that will reasonably limit such fluctuations. (Ord. 05-670 § 1, 2005)

13.10.220 Notice of sewer service problems.

Each customer shall give prompt notice to the city of any defect, trouble or accident affecting that customer’s sewer service. (Ord. 05-670 § 1, 2005)

13.10.230 Customer sewer service failure.

If the customer’s sewer service fails, such customer shall endeavor to determine if there is a broken service line or a broken pipe inside or under the structure on the premises occupied by the customer. If a city employee is sent to the customer’s premises at the customer’s request, and it is determined that the problem is caused by failure of the customer’s service line or plumbing or piping under or inside the structure on the customer’s premises and not by a broken pipe in the water service connection, the customer shall pay an inspection fee. (Ord. 05-670 § 1, 2005)

13.10.240 City’s right of access.

By applying for and receiving sewer service from the city, the customer and the owner of premises grant the city and its authorized employees and agents the right to install and maintain its sewer service facilities on the premises and to enter upon the premises at all reasonable times, upon presentation of proper credentials and identification supplied by the city, for purposes of inspecting, observing, measuring, sampling, reading, testing, connecting, disconnecting, repairing, and removing such sewer service facilities in accordance with the provisions of this chapter.

This section shall not be construed to permit the entry into a private residence without permission of either the owner, customer, occupant or other authorized person, or without first obtaining a court order. (Ord. 05-670 § 1, 2005)

13.10.250 City’s right of inspection.

By applying for and receiving sewer service from the city, the customer grants the city and its authorized employees and agents the right to inspect the customer’s plumbing before, during and after the sewer service is supplied. The grant of a right to so inspect does not carry with it an obligation to inspect, and any such inspection, or lack of inspection, shall not be construed as placing upon the city any responsibility for the condition or maintenance of the customer’s plumbing, nor does it guarantee the absence of cross-connections in the customer’s service. (Ord. 05-670 § 1, 2005)

13.10.260 Inspection – Industrial confidentiality.

The mayor and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all properties for the purpose of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter. The mayor or his representatives shall have no authority to inquire into any processes including metallurgical, chemical, oil, refining, ceramic, paper or other industries beyond that point having a direct bearing on the kind and source of discharge to the sewers or waterways or facilities for waste treatment. (Ord. 05-670 § 1, 2005)

13.10.270 Inspection – Easement.

The mayor and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter all private properties through which the city holds a duly negotiated easement for the purpose of, but not limited to, inspection, observation, measurement, sampling, repair and maintenance of any portion of the sewage works lying within such easement. All entry and subsequent work, if any, on such easement, shall be done in full accordance with the terms of the duly negotiated easement pertaining to the private property involved. (Ord. 05-670 § 1, 2005)

13.10.280 Interruption of service.

The city reserves the right temporarily to suspend sewer service to make repairs or improvements to its system, and may do so without notice to its customers. Whenever and wherever practicable, the city will give reasonable public notice of such temporary suspensions of sewer service to its customers, and all improvements and repairs will be made at such times as to cause the customer the least inconvenience possible.

The city reserves the right to disconnect service without notice to prevent unauthorized use, to protect city property, and otherwise to prevent health hazards. Notice of any such disconnection shall be given as is provided by Article X of this chapter.

In case the city’s sewer service shall be interrupted or fail by reason of accident or any other cause whatsoever, the city shall not be liable for damage for such interruption or failure nor shall such failure or interruption be held to constitute a breach of contract on the part of the city or in any way relieve the customers from performing the obligations of their contracts. The city does not guarantee its sewer service and shall not be liable for injury, loss or damage resulting from failure to provide such service. (Ord. 05-670 § 1, 2005)

13.10.290 Unauthorized connection of service prohibited.

Only employees of the city are authorized to connect sewer service. Unauthorized connection of sewer service is expressly prohibited. Should any person cause a sewer service to be connected prior to the service being authorized by the mayor or his representative, or after being shut off by the mayor or his representative as provided in this chapter, the account for the sewer service connected will be charged a prescribed tampering fee. Payment of the tampering fee plus an amount equal to the estimated cost of restoring the service shall be made to the city prior to the service being restored. (Ord. 05-670 § 1, 2005)

13.10.300 Uncovering, disturbing, or tapping into sewer service facilities prohibited.

No person other than the mayor or his representative shall uncover, open, use, alter, extend, disturb, tap or connect into any city main or sewer service connection, or private line extension intended to be conveyed to the city pursuant to contract and this chapter, without first obtaining a line extension permit and approval of a sewer service application or authorization from the mayor or his representative. (Ord. 05-670 § 1, 2005)

13.10.310 Damaging prohibited.

No person shall maliciously, wilfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance, or piece of equipment which is a part of the city’s system. (Ord. 05-670 § 1, 2005)

Article IV. Sewer Connections, Connecting Material, and Installation

13.10.320 License required – Fee – Bond.

No connections shall be made with any sewers or drains except by persons regularly licensed to perform such work. The license fee for persons engaged in such work in the city shall be $10.00 per year or part thereof and shall be paid at the time of applying for the license. In addition to his application any person intending to engage in such work in the city shall file a bond in the office of the clerk-treasurer in the penal sum of $1,000, such bond to be in a form approved by the city attorney and conditioned that such applicant shall indemnify and hold harmless the city from all claims, accidents, and damages occasioned by him or those in his employ or under his direction, resulting from the making of any connections with any public or private sewer or for any other purpose and that he will restore any street, alley, parkway or other public place which may be disturbed by such work to as good a condition as it was previous to the commencement of his work; provided, however, that this section shall not prevent any property owner from making connection to the sewer upon his premises if such connection shall meet the specifications as set forth in this chapter. (Ord. 05-670 § 1, 2005)

13.10.330 Design criteria.

The Washington State Department of Ecology Criteria for Sewage Works Design, dated December 1998, State Publication No. 98-37WQ, together with amendments and/or additions thereto, is hereby adopted as the sewage design criteria of the city, in full, by reference, as provided by law; provided, that not less than three copies of such compilation and amendments and additions thereto adopted by reference shall be filed for use and examination by the public in the office of the clerk-treasurer. (Ord. 05-670 § 1, 2005)

13.10.340 Connection.

All sewer connections from a user to a main or submain shall be made by a single use lateral pipe not less than four inches in diameter. (Ord. 05-670 § 1, 2005)

13.10.350 Prior connections.

All connections made prior to the ordinance codified in this chapter to the city sewer mains or submains (as defined in the criteria for sewer works design) that are four inches in diameter or less and contain two or more users, thereby failing to meet the criteria for main or submain not previously accepted and/or dedicated to the city, shall remain the property of the users connecting thereto. The city shall have no responsibility for the care, maintenance and/or function of said lines from the point of the tap into the city main or submain. (Ord. 05-670 § 1, 2005)

Article V. Sewer Use Regulations

13.10.360 Discharge – Storm water and industrial cooling water.

Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as combined sewers or storm sewers or to a natural outlet approved by the mayor or his agents. Industrial cooling water or unpolluted process waters may be discharged, on approval of the mayor or his authorized representative, to a storm sewer, combined sewer or natural outlet. (Ord. 05-670 § 1, 2005)

13.10.370 Discharge – Prohibited waters.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof run-off, subsurface drainage, uncontaminated cooling water or unpolluted industrial process waters to any sanitary sewer. (Ord. 05-670 § 1, 2005)

13.10.380 Discharge – Prohibited substances.

No person shall discharge or cause to be discharged any of the following described waters or wastes to any sewer in the city:

A. Any gasoline, benzene, naphtha, fuel oil or other flammable or explosive liquid, solid or gas.

B. Any water or wastes containing toxic or poisonous solids, liquids or gases in sufficient quantity, either singly or by interaction with other wastes, to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, create a public nuisance, or create any hazard in the receiving waters of the sewage treatment plant.

C. Any waters or wastes having a pH lower than 6.5, chlorine demand of over five ppm (parts per million) or having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works.

D. Solid or viscous substances in quantities or of such size capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works such as, but not limited to: ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, unground garbage, whole blood, paunch manure, hair and fleshings, entrails and paper dishes, cups, milk containers, etc., either whole or ground by garbage grinders.

E. Any substances prohibited by the mayor or his authorized representative. (Ord. 05-670 § 1, 2005)

13.10.390 Discharge – Prohibited wastes.

No person shall discharge or cause to be discharged into a sewer any of the following described substances, materials, waters or wastes if it appears likely in the opinion of the mayor, or technical expertise at his disposal, that such wastes can harm either the sewers, sewage treatment process, or equipment, have an adverse effect on the receiving stream or can otherwise endanger life, limb, public property, or constitute a nuisance. In forming his opinion as to the acceptability of these wastes, the mayor or his authorized representative will give consideration to such factors as the quantities of subject wastes in relation to flows and velocities in the sewers, materials of construction of the sewers, nature of the sewage treatment process, capacity of the sewage treatment plant, degree of treatability of wastes in the sewage treatment plant and other pertinent factors. The substances prohibited are:

A. Any liquid or vapor having a temperature higher than 150 degrees Fahrenheit (65 degrees Celsius);

B. Septic tank effluent;

C. Any water or waste containing fats, wax, grease or oils, whether emulsified or not, or containing substances which may solidify or become viscous at temperatures between 32 and 150 degrees Fahrenheit (zero and 65 degrees Celsius);

D. Any garbage that has not been properly shredded. The installation and operation of any garbage grinder equipped with a motor of three-fourths horsepower (0.76 hp metric) or greater shall be subject to the review and approval of the mayor or his authorized representative;

E. Any waters or wastes containing strong acid, iron, pickling wastes or concentrated plating solutions, whether neutralized or not;

F. Any ground or unground fruit peelings and cores from canneries and packing plants; cull fruits and vegetables; fruit and vegetable pits and seeds;

G. Any waters or wastes containing the materials in excess of the following limits:

1. Copper, 0.5 milligrams per liter;

2. Total chromium, 0.5 milligrams per liter;

3. Cyanide, 0.5 milligrams per liter;

4. Nickel, 0.5 milligrams per liter;

5. Silver, 0.5 milligrams per liter;

6. Zinc, 0.5 milligrams per liter;

7. Total heavy metals, 1.0 milligrams per liter;

8. pH minimum 6.5, maximum 8.5;

or wastes exerting a chlorine demand of over five ppm;

H. Any waters or wastes containing phenols or other taste- or odor-producing substances in such concentrations exceeding limits which may be established by the mayor or expertise at his disposal as necessary, after treatment of the composite sewage, to meet the requirements of the state, federal or other public agencies of jurisdiction for such discharge to the receiving waters;

I. Any radioactive wastes or isotopes of such half-life or concentration as may exceed limits established by the mayor or expertise at his disposal in compliance with applicable state or federal regulations;

J. Materials which exert or cause:

1. Unusual concentrations of inert suspended solids such as, but not limited to, Fuller’s earth, lime slurries and lime residues or of dissolved solids such as, but not limited to, sodium sulfate;

2. Excessive discoloration such as, but not limited to, dye wastes and vegetable tanning solutions;

3. Unusual BOD (biochemical oxygen demand), or chlorine requirements in such quantities as to constitute a significant load on the sewage treatment works;

4. Unusual volume of flow or concentration of wastes constituting “slugs” as defined herein;

5. Waters or wastes containing substances which are not amenable to treatment or reduction by the sewage treatment processes employed or are amenable to treatment only to such degree that the sewage treatment plant effluent cannot meet the requirements of other agencies having jurisdiction over discharge to the receiving waters. (Ord. 05-670 § 1, 2005)

13.10.400 Discharge – Pretreatment requirement.

A. If any waters or wastes are discharged, or are proposed to be discharged, into the sewers as defined in AMC 13.10.390(G) and which in the judgment of the mayor or his authorized representative may have a deleterious effect upon the sewage works, processes, equipment or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the mayor or his authorized representative may:

1. Reject the wastes;

2. Require pretreatment to an acceptable condition for discharge to the public sewers;

3. Require control over the quantities and rates of discharge; and/or

4. Require additional payment to cover the added costs of handling and treating the wastes not covered by existing taxes or sewer charges under the provisions.

B. If the mayor permits the pretreatment or equalization of waste flows, the design and installation of the plants and equipment shall be subject to the review and approval of the mayor or his authorized representative and subject to the requirements of all applicable codes, ordinances and laws. (Ord. 05-670 § 1, 2005)

13.10.410 Grease, oil and sand interceptors.

Grease, oil and sand interceptors shall be provided when, in the opinion of the mayor, they are necessary for the proper handling of liquid wastes containing grease in excessive amounts or any flammable wastes, sand or other harmful ingredients; except that such interceptors shall not be required for private living quarters or dwelling units. All interceptors shall be of a type and capacity approved by the mayor and shall be located as to be readily and easily accessible for cleaning and inspection. (Ord. 05-670 § 1, 2005)

13.10.420 Preliminary treatment facilities maintenance.

Where preliminary treatment or flow-equalizing facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation by the owner at his expense. (Ord. 05-670 § 1, 2005)

13.10.430 Measurements, tests and analyses.

All measurements, tests and analyses of the characteristics of waters and wastes to which reference is made in this chapter shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Waste Water, published by the American Public Health Association, and shall be determined at the control manhole provided or upon suitable samples taken at such control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected. Sampling shall be carried out by customarily accepted methods to reflect the effect of constituents upon the sewage works and to determine the existence of hazards to life, limb and property. (Ord. 05-670 § 1, 2005)

13.10.440 Special agreements authorized.

No statement contained in this chapter shall be construed as preventing any special agreement or arrangement between the city and any industrial concern whereby an industrial waste of unusual strength or character may be accepted by the city for treatment, subject to payment therefor by the industrial concern. (Ord. 05-670 § 1, 2005)

Article VI. Line Extensions

13.10.450 Eligibility.

Any owner of real property located inside or outside the city may request the extension of a city main. Where the real property to be served by the line extension lies entirely within the city, the city will authorize the line extension to be constructed, provided the owner enters into a developer extension agreement with the city, obtains a permit from the city prior to commencing construction of the proposed line extension, and completes the construction in accordance with the provisions of this chapter and WSDOT Standard Specifications. Where the real property to be served by the line extension lies partially outside of the city, the city may authorize the line extension to be constructed, provided the capacity of the system is sufficient to accommodate the increased sewer use, and the owner enters into a developer extension agreement with the city, obtains a permit from the city prior to commencing construction of the proposed line extension and completes the construction in accordance with the provisions of this chapter and WSDOT Standard Specifications. This line extension policy applies to all developments governed by Asotin County ordinances and the Asotin Municipal Code regarding plats, short plats, long plats, short subdivisions, and any other developments where there are five or more contingent lots, tracts, plots, or parcels of land. Line extensions that include the installation of sewer services will be subject to the conditions and requirements in AMC 13.10.170. (Ord. 05-670 § 1, 2005)

13.10.460 Extension agreement.

The developer extension agreement required in AMC 13.10.450 shall contain a provision indemnifying, defending and saving harmless the city from any and all claims or liability for damages arising from acts done during or in preparation for construction of the line extension. The developer extension agreement shall also contain a provision under which the applicant agrees to pay the actual administrative, city engineer’s and attorneys’ costs and fees incurred in the course of reviewing and processing the line extension application and enforcing the obligations of the line extension applicant. The council may determine any additional conditions and provisions of the developer extension agreement, which may be in accordance with the provisions of Chapter 35.91 RCW, the Municipal Water and Sewer Facilities Act. (Ord. 05-670 § 1, 2005)

13.10.470 Connection of line extensions.

The connection of a line extension to an existing city main shall be at a location and in a manner designated by the mayor or his representative and shall be made under the direct supervision of city personnel, with materials and labor supplied by the owner or registered contractor. (Ord. 05-670 § 1, 2005)

13.10.480 Inspection of line extensions.

The owner or registered contractor shall notify the mayor or his representative when the line extension is ready for inspection. The grade, materials and manner of construction shall be subject to approval of the mayor or his representative. The mayor or his representative may require any tests to demonstrate that the line extension meets city standard practices and the requirements of this chapter. The mayor or his representative shall estimate the costs of inspecting the line extension at the time of application for the permit. The owner shall deposit with the city the amount of the estimate before any work is commenced on the line extension. Upon completion of the inspection and any necessary subsequent inspections, the owner shall pay to the city before acceptance of the line extension any additional inspection fees over and above the amount of the estimate. Any money unexpended from the deposit will be returned to the owner.

The line extension shall not be covered before it is inspected. In the event that the line extension is covered before inspection, the registered contractor shall uncover the line extension prior to inspection. The owner shall pay to the city any costs caused by the failure to adhere to the inspection requirements of this chapter before the city will accept the line extension. (Ord. 05-670 § 1, 2005)

13.10.490 Notice before commencing work.

Prior to any person doing any work in connection with a line extension, the city must be notified at least 48 hours in advance of such work. The mayor or his representative may waive this notice requirement. (Ord. 05-670 § 1, 2005)

13.10.500 Protection of excavations – Restoration of public property.

All excavations for line extensions shall be adequately guarded with barricades and lights so as to protect the public from hazard. Roads, streets, highways, sidewalks and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city and/or the applicable county engineer. (Ord. 05-670 § 1, 2005)

13.10.510 Other utilities.

No other utility, water, or drainage lines shall be located in the same trench as the line extension, except for crossings approved by the mayor or his representative. (Ord. 05-670 § 1, 2005)

13.10.520 Acceptance.

The line extension shall be accepted; provided, that the extension has been installed according to approved plans and specifications, all required tests have been passed, all permit conditions have been satisfied, and all easements have been recorded at the county.

A. Upon completion and acceptance of the line extension, the owner shall convey and transfer to the city, on forms approved by the city, including but not limited to a warranty bill of sale, the line extension and all easements, permits, and rights necessary to operate and maintain the line extension.

B. The line extension shall not be accepted by the city until all fees and charges imposed by the city are paid.

C. Upon conveyance of the line extension and the council’s approval of a resolution accepting the line extension, the city will assume ownership of and responsibility for its operation and maintenance. (Ord. 05-670 § 1, 2005)

Article VII. Sewer Rates and Charges

13.10.530 Charges a lien on property.

All charges for sewage collection and disposal service provided for in this chapter, together with the penalties and interest thereon, shall be a lien on the property from which such sewage collection is made, superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. The clerk-treasurer is authorized and directed, prior to the expiration of three months after the first day of the first month of which such charges are unpaid, to certify to the auditor of Asotin County all such charges as a lien upon such properties shall be subject to foreclosure according to the laws of the state. (Ord. 05-670 § 1, 2005)

13.10.540 Fees.

There is set and established the following fees:

Sewer hook-up – connection fee: $1,200;

Permit fee: $200.00. (Res. 19-656, 2019; Res. 19-653, 2019; Res. 19-651, 2019; Ord. 05-670 § 1, 2005)

13.10.550 Rates and charges – Designated.

A. The following monthly rates and charges are fixed for sewage service and shall be paid therefor as follows:

	2019	2020
Apartments (each unit)	$58.74	$61.24
Dwellings (single unit)	58.74	61.24
Trailer courts (per trailer)	58.74	61.24
Banks	58.74	61.24
Barber shops	58.74	61.24
Beauty shops	58.74	61.24
Cafe and fast food franchises	73.00	75.50
Courthouse	73.00	75.50
Car wash (heavy sewer impact fee applies)	73.00	75.50
Churches	58.74	61.24
Daycare	58.74	61.24
Fairgrounds	58.74	61.24
Garage	58.74	61.24
Laundry and washerette	73.00	75.50
Lodge hall	58.74	61.24
Motel (per unit)	48.75	51.25
Offices	58.74	61.24
Service station (full service) (heavy impact fee applies)	73.00	75.50
Store	58.74	61.24
Store/deli (heavy sewer impact fee applies)	73.00	75.50
Post office	58.74	61.24
Schools: elementary school, high school and cafeteria, $0.90 per student and faculty summer rate	66.50	69.00
Taverns (heavy sewer impact fee applies)	73.00	75.50
Multi-business (heavy sewer impact fee, $15.00, may or may not apply)	73.00	75.50
Leased corp. property	58.74	61.24
RV park (per unit)	48.75
Late fees for balance of $25.00 and over	$20.00
Sewer rates will be increased by 4% each year after 2021 until 2030

B. Heavy Sewer Impact Fees. Any business or in-home business which by ordinance requires a grease trap or has been determined by the city council to have a significant impact upon the sewer treatment system shall pay an additional $19.50 per month beyond the fees set forth in subsection (A) of this section.

C. Significant Water Use. Any business or facility where the city council has determined the business facility to use a significant amount of water, which water use impacts the sewer treatment system, will, in addition to the charges set forth in subsection (A) and/or (B) of this section, be charged an additional $0.49 per 100 cubic feet of water used in excess of the first 1,000 cubic feet, as a significant water use fee.

D. Multiple Business or Multiple Facility. Any multi-business or multi-facility which shares a single meter or sewer connection shall be charged a basic rate, unless determined by the city council that the nature of the business or facility has no impact upon the sewer treatment system, in which case a basic residential rate shall apply. The multi-business or multi-facility may also be subject to the additional surcharges set forth in subsections (A) and (B) of this section.

E. In-Home Business. Any residential unit in which an in-home business is being operated shall be charged the basic water rate set forth in subsection (A) of this section, plus an additional $0.49 per 100 cubic feet of water used beyond the first 1,000 cubic feet; provided, however, that the operator of an in-home business may petition the city council to bill them as a strictly residential use upon showing that the business in question makes no additional impact upon the sewer treatment system. (Res. 19-653, 2019; Res. 19-651, 2019; Ord. 13-770 § 1, 2013; Ord. 12-764 § 1, 2012; Ord. 05-670 § 1, 2005)

13.10.560 Rates and charges – Collection.

All charges and rates provided in this chapter shall be paid and collected monthly. All payments shall be made at the office of the clerk-treasurer or such other places as may be designated by the council and all payments so collected shall be placed and maintained in a special fund designated as the “water-sewer fund.” (Ord. 05-670 § 1, 2005)

13.10.570 Rates and charges – Annual review.

All charges and rates are subject to annual review and revisions. (Ord. 05-670 § 1, 2005)

13.10.580 Classification of service.

If any of the property using such sewage service provided by the city may qualify under more than one of the classifications listed in AMC 13.10.550, then the classification requiring the higher rate shall apply. (Ord. 05-670 § 1, 2005)

13.10.590 Minimum rate.

If any of the properties served by the sewage system of the city are not covered by the schedule of rates contained in AMC 13.10.550, then such property shall be charged the minimum rate of $6.35 per month until such time as this chapter or the rates set forth herein may be revised. (Ord. 05-670 § 1, 2005)

13.10.600 Industrial cost recovery system.

At such time as industrial wastes as defined under Section 35, 905-8 of the Construction Grant Regulations 40 CFR Part 35, are discharged to the facilities constructed under EPA Grant No. C-530-392, the city shall develop and adopt an industrial cost recovery system acceptable to the U.S. Environmental Protection Agency. This cost recovery system shall comply with the requirements of P.L. 92-500 and all regulations and guidelines pertaining thereto. In the interim, the city shall submit an annual certification affirming the nonexistence of industrial discharges to the facility and shall maintain such records and documents as necessary to substantiate the certification. (Ord. 05-670 § 1, 2005)

Article VIII. Billing Procedures and Adjustments

13.10.610 Frequency of billing.

All billings shall be made monthly or bimonthly at the city’s option. (Ord. 05-670 § 1, 2005)

13.10.620 Mailing of billing.

Billings shall be mailed to the owner of the property on which the structure so served is located so far as the city may reasonably ascertain the same. Failure to receive such bills shall not relieve any person liable thereof from the obligation to pay the same, nor the property receiving such service, or capable of receiving such service, from such lien thereof as may thereafter attach to the property in the manner provided by law. (Ord. 05-670 § 1, 2005)

13.10.630 Change of occupancy or ownership.

When a change of ownership of or responsibility for payment of sewer service to any premises being served by the city takes place, written notice of such change shall be given to the city at the City Hall. (Ord. 05-670 § 1, 2005)

13.10.640 Billing adjustments.

The following billing adjustments may be made to the mayor or his representative upon application thereof by the customer for whose account adjustment is sought.

A. Retroactive Adjustment of Bills – Incorrect Application of Rates or Clerical Errors.

1. Residential, Multifamily and Commercial Services. Retroactive adjustments of bills for residential, multifamily and commercial services arising out of incorrect application of rates or clerical errors will be made only for the two-month period immediately preceding the discovery by the city of the incorrect application of rates or clerical errors.

The adjustment shall consist of a determination by the mayor or his representative of the customer’s correct billing rate for the period of adjustment. The difference between the adjusted charge and the billings to the customer during the period of adjustment shall be credited against the customer’s future billings until entirely consumed. (Ord. 05-670 § 1, 2005)

13.10.650 Payment of bills.

A. All city bills shall be due and payable within 20 days of the billing date. The billing becomes past due and delinquent on the twenty-first day following the date of the billing, unless otherwise specified in the billing.

B. Payment of city bills shall be made at the City Hall or at other approved payment agencies. Payments made to the city by mail after an order of disconnection is made shall not prevent disconnection of the water service to the premises having a delinquent account unless such payments are received at the City Hall prior to the date of scheduled disconnection as stated on the disconnection order.

C. A service charge of $35.00 shall be made against any customer’s account if that customer pays any billing with a check which is returned to the city by its payer for lack of sufficient funds or because the customer’s account has been closed.

D. Lien on Property. All charges for sewer service provided for in this chapter, together with the penalties thereon, shall be a lien on the property for which such sewer service is made superior to all other liens and encumbrances whatsoever except for general taxes and local special assessments. The clerk-treasurer is authorized and directed, prior to the expiration of three months after the first day of the first month of which such charges are unpaid, to certify to the auditor of Asotin County all such charges as a lien upon such property in the manner provided by law and such properties shall be subject to foreclosure according to the laws of the state.

E. The late fee shall not apply if the balance owing on the customer’s entire account is $25.00 or less. (Res. 19-653, 2019; Res. 19-651, 2019; Ord. 15-795 § 1, 2015; Ord. 05-670 § 1, 2005)

13.10.655 Criteria for waiving sewer late fees.

The city council has determined that the following reasons will be considered in determining whether or not the customer is able to show good cause for nonpayment of their utility bill:

A. Death in the family;

B. Hospitalization of customer or their immediate family;

C. Customer is bedridden or otherwise incapacitated to such an extent that they are unable to leave their home to prepare and mail the payment;

D. If there is a change in the city billing/payment system, late fees can be waived once during the transition period;

E. If a payment is postmarked or it is a check issued by the customer’s bank through an online payment that is issued by the due date;

F. If the administration department makes an administrative error.

The customer needs to communicate, either verbally or in writing, to the city clerk/treasurer that which shows good cause for nonpayment. Once this is completed, the city clerk/treasurer will respond in writing, notifying the customer if an adjustment of the late fees will be made.

If good cause is shown, customer must enter into a written payment agreement. This agreement will be at least the minimum payment of the base fee and the extra amount will be negotiated based on the past due amount. A written payment agreement must be in place to adjust late fees and to carry an account balance of over one-month nonpayment.

If the city clerk/treasurer does not find good cause for the customer’s nonpayment, the customer will be informed in writing.

If needed, the city council, as well as the mayor, may need to review a customer’s nonpayment account to waive late fees for any other reason than listed above if and when the city clerk/treasurer asks for assistance in determining if late fees may be waived.

If the water is shut off, sewer charges will continue to accrue. Sewer services cannot be turned off by the city unless the customer chooses to have the sewer line to the service location capped. Additional fees are accrued for capping off the sewer line and the customer must contact City Hall to begin the process with the city clerk, wastewater treatment manager and maintenance supervisor. If a property owner has had the sewer line capped, a new hook-up fee will be accrued for the reconnection and to reestablish sewer services. Again, the customer must contact City Hall to begin the process with the city clerk, wastewater treatment manager and maintenance supervisor.

The following policy/procedure will be in place regarding late fees, past due accounts and shutoffs. This policy is intended to reconcile accounts in a timely manner, streamline the process, and ensure consistency throughout the community, while following ordinance requirements.

Effective during the billing cycle that will be generated December 2022:

G. If no payment has been made since the previous monthly billing cycle a standard late fee will be applied to the account.

H. If no payment has been received in two billing cycles a 30-day shutoff notice will be mailed to the address on file.

1. For purposes of this initial implementation, to any account with more than two months of billing in arrears this policy will apply, e.g., if the last two bills were $100.00/each, but a payment was received each month, but the past due balance remains more than the $200.00 (unless a current written payment plan is in place), a shutoff notice will be sent to create a payment plan to bring the account current.

I. If no payment is received one week prior to the shutoff date, a door hanger will be delivered to address as a final reminder of the shutoff date.

J. If no payment is received or an adequate payment plan is in place prior to the shutoff date, services will be disconnected on the date indicated in the shutoff notice.

K. Upon payment of delinquent funds or when an adequate payment plan is in place, services will be restored. (Note: regarding any payments/plans received after 2:00 p.m., services may not be restored until the following normally scheduled work day. For example, if a payment is brought current at 4:00 p.m. on a Friday afternoon, services may not be reestablished until the following Monday.)

L. If, at any point during a delinquent plan the customer fails to comply with the provisions and make a payment during a billing cycle, a 30-day shutoff notice will be mailed and the previous steps will apply.

M. If at any time any account is brought to current, the process will start at step one if payments become delinquent again.

N. Any deviation from this policy must be approved in writing by the mayor, only with approved documentation.

O. At no time does this policy restrict the clerk(s) from making additional attempts to contact the customer to prevent the shutoff from occurring. (Ord. 22-878 § 1, 2022; Ord. 18-830 § 1, 2018)

13.10.660 Reserved.

(Ord. 05-670 § 1, 2005)

Article IX. Delinquent Accounts

13.10.670 Past due/disconnect notice.

No sooner than 21 days after the date of a billing, the city shall send to a customer whose bill has not been paid a past due/disconnect notice by first-class mail. The notice shall contain information regarding the past due account balance, provide a pay-by date, and request the customer to make arrangements for payment. The notice shall also state that if sufficient arrangements have not been made for payment that the city will disconnect or terminate the customer’s sewer service. The notice will include information regarding fees associated with the delinquent account notification and fees associated with the disconnection and reconnection of sewer service. Fees for delinquent notification and reconnection of a customer’s sewer service shall be set by the city council through a rate resolution.

A. Application for Informal Conference. Upon an oral or written application thereof made at the City Hall prior to the date shown on the delinquent notice, a customer who disputes the amount of his bill, or is unable to pay the full amount of his bill due to temporary financial difficulties, shall be entitled to an informal conference with the mayor or his representative in the City Hall on any business day of the city during regular business hours prior to the date shown on the delinquent notice. The mayor or his representative shall have the authority to make arrangements with the customer for the deferred payment schedule of the billing being considered.

B. Standards.

1. Disputed Bills. The mayor shall review any disputed bill and shall have authority to adjust that bill.

2. Temporary Financial Difficulties. The mayor or his representative shall make every effort to arrange a reasonable and feasible deferred payment program for a customer with a bona fide temporary financial difficulty making it impossible to pay the full amount of the current bill. The deferred payment program shall be based upon a number of factors, including, but not limited to:

a. The dollar amount of the delinquent account;

b. The period of time the bill has been owed;

c. The customer’s ability to pay;

d. The credit history of the customer;

e. Whether the financial difficulties of a particular customer are temporary (for example, a

customer who has been unable to pay a bill on more than two previous occasions within the past two years may be considered a repetitive credit problem and may not be experiencing financial difficulties which can be considered to be temporary); and

f. Other relevant factors presented by the customer.

C. Procedure. On the date and at the time designated by the city in response to the customer’s application for an informal conference, the customer may appear in person at the City Hall or may confer by telephone. At the informal conference, the customer shall advise the mayor or his representative of the customer’s position and shall present whatever facts or evidence the customer deems supportive of the application for an adjustment in such billing. Following a reasonable discussion at the informal conference, the mayor or his representative shall determine the disposition of the customer’s application for a billing adjustment. Should an arrangement concerning a disputed bill or temporary financial difficulties be made, that arrangement shall be reduced to writing and signed by the customer who requested the informal conference. (Ord. 05-670 § 1, 2005)

13.10.680 Appeal from informal conference determination.

If a customer is not satisfied with the determination made at the informal conference, the customer shall have the right to appeal from that determination to the council.

A. Notice of Appeal. Notice of an appeal from a determination made at an informal conference shall be given to the mayor either in writing or orally, in person or by telephone, within three days of the determination at the informal conference. The giving of proper notice of appeal from a determination made at an informal conference shall effect a stay of any arrangement made at the informal conference pending a hearing on and final resolution of the appeal.

B. Appeal Hearing Procedure. The customer shall have the right to a hearing of his appeal before the council at its next regularly scheduled meeting held no sooner than 48 hours after the city’s receipt of the customer’s notice of appeal. The customer’s appeal shall be heard as the first item of business at that meeting. Should more than one hearing of an appeal from a determination made at an informal conference be set for the same meeting of the council, the appeals will be heard in the order the notices of appeal were filed, the appeal with the earliest filed notice being heard first. Prior to the meeting when the customer’s appeal is scheduled to be heard, the customer who is making the appeal shall have the right to examine during the city’s regular business hours the records of the city relating to the customer’s account. When the customer’s appeal is called, the customer shall state whether the appeal is from a determination concerning a disputed bill or concerning an application for a deferred payment program and shall present in support of such position any relevant facts. Following the presentation of the customer’s position, appropriate city personnel shall present the city’s position, the council shall have the right to question each side and each side shall have the right to question the other. Following the council’s termination of the questioning period, each side shall have the opportunity to make a closing statement, with the customer making the first closing statement. At the request of the customer whose appeal is being heard, a record shall be made of the proceedings. The record may be preserved by tape recording or by such other means deemed appropriate by the council. The customer may provide, at the customer’s own expense, supplemental means of preserving a record of the proceedings.

C. Appeal Hearing Criteria. The council shall hear each appeal from a determination made at an informal conference anew and shall consider the following criteria for the following types of appeals when reaching its decision.

1. Appeal from Disputed Bill Determination. When hearing an appeal from a determination concerning a customer’s disputed bill, the council shall consider:

a. Whether sewer service was provided the customer by the city;

b. Whether the customer was charged the proper rate for the service provided the customer by the city;

c. Whether the customer paid his bill; and

d. Whether the customer is entitled to any adjustment to or adjustment against the bill under this chapter, other regulations of the city, or federal, state or local laws and regulations.

2. Appeal from Application for Deferred Payment Program. When hearing an appeal from a determination concerning a customer’s application for a deferred payment program, the council shall consider:

a. The dollar amount of the delinquent account;

b. The amount of time the bill has been due;

c. The customer’s ability to pay;

d. The credit history of the customer;

e. Whether the financial difficulties of the customer are temporary (for example, a customer who has been unable to pay a bill on more than two previous occasions within the past two years may not be experiencing financial difficulties which can be considered to be temporary); and

f. Whether the customer has failed to comply fully and satisfactorily with the terms of a previous deferred payment program.

D. Written Decision of Council Following Hearing on Appeal. Unless the hearing of the customer’s appeal is continued, the council shall render a decision of its disposition of the customer’s appeal at the meeting where the hearing is conducted. The council may decide to affirm or reverse the determination made at the informal conference, or reverse the determination made at the informal conference with instructions to the mayor. The council’s decision, which shall be final, shall set forth:

1. The nature of the customer’s appeal and a brief summary of the relevant facts;

2. The decision of the council; and

3. The reasoning of the council, including references to the appropriate hearing criteria, which supports the council decision.

A written decision of the council shall be signed on behalf of the council by the mayor, dated and delivered, within five business days of the meeting where the council’s decision was reached, to the customer either by hand or by sending it to the customer by first-class mail at the customer’s billing address or such other address requested by the customer in writing.

E. Action Following Hearing on Appeal. Following a hearing on appeal, if the council reverses the determination made at the informal conference, the mayor shall schedule another informal conference for the customer whose appeal was heard. If the council reverses the determination made at the informal conference with instructions to the mayor, the mayor shall schedule another informal conference for the customer whose appeal was heard and at that conference comply with the instructions of the council. (Ord. 05-670 § 1, 2005)

13.10.690 Failure to utilize informal conference procedure.

Each customer with a past due and delinquent account who has been sent a delinquent notice containing a deadline for requesting an informal conference and has not requested an informal conference or paid his bill or has not made satisfactory arrangements with the city, shall be terminated on the date set forth in that customer’s delinquent notice. (Ord. 05-670 § 1, 2005)

Article X. Termination of Sewer Service for Nonpayment

13.10.700 Termination of sanitary sewer service.

In the event a customer has not paid his bill or has not made satisfactory arrangements with the city at an informal conference in accordance with the procedures set forth in Article IX of this chapter, the city shall terminate a customer’s sewer service for nonpayment. A city service representative will attempt to collect the account balance from the customer at the service location. If a payment is not provided, the service will be disconnected and there shall be left with the customer, either personally or by posting on the premises, a door hanger indicating that the service has been disconnected and requesting the customer to contact the city regarding the termination and reconnection of their sewer service.

At the time of termination of sewer service, the city shall post a revocation of occupancy and notify the county health department. (Ord. 05-670 § 1, 2005)

13.10.710 Reconnection of sanitary sewer service.

Wherever sewer service has been terminated, the city shall not restore that sewer service in full until the customer’s delinquent account plus penalties is paid in full or an arrangement for its payment has been made and the customer pays a reconnection fee for reconnection of sewer service. (Ord. 05-670 § 1, 2005)

Article XI. Collection of Unpaid Accounts

13.10.720 Collection of unpaid accounts.

When a customer’s closed account has been delinquent for 30 days and no arrangement has been entered into between the customer and the city for the payment of that account or when a customer who has entered into an arrangement with the city is 30 days delinquent in making any payment under the terms of that arrangement, the mayor or his representative shall certify the customer’s delinquency or delinquencies plus penalties and turn the amount over for collection. (Ord. 05-670 § 1, 2005)

13.10.730 Write-off of unpaid accounts.

After a period of three years, if a delinquent closed account, which was sent to collections, remains unpaid, the closed account will be deemed uncollectible. Delinquent closed accounts will be presented to the council for their approval as uncollectible and will be written off. If the city receives payment on closed accounts that have been written off, moneys received will be recognized as miscellaneous income. (Ord. 05-670 § 1, 2005)

Article XII. Miscellaneous Provisions

13.10.740 Effective date – Repeal prior acts.

This chapter shall take effect on January 1, 2006. All resolutions or parts thereof in conflict with the provisions of this chapter, if any, are hereby repealed unless and to the extent that such repeal would impair the obligations of contracts or actions which have been taken or proceedings commenced under any such prior resolution or part thereof, which actions or proceedings are consistent with those provided in this chapter. Charges, liens, and actions for lien foreclosure, or authorization thereof, made or brought prior to the effective date of the ordinance codified in this chapter shall be valid and may continue as if this chapter had not been adopted. (Ord. 05-670 § 1, 2005)

13.10.750 Saving provision.

If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall be unaffected. (Ord. 05-670 § 1, 2005)

13.10.760 Ratification.

All action heretofore taken by the council, the mayor, or the employees and agents of the city with respect to the matters contained herein are ratified and confirmed. (Ord. 05-670 § 1, 2005)