Chapter 13.30 WATER ADMINISTRATIVE CODE

The following terms, wherever used in this chapter, the city’s rate schedule, the city’s manual of standards for water mains and services and any application or contract for water service, shall have the following meanings, unless the context specifically indicates otherwise.

“Back pressure” shall mean backflow caused by a pump, elevated tank, boiler or other means that could create pressure within the system greater than the supply pressure.

“Back siphonage” shall mean a form of backflow due to a negative or subatmospheric pressure within the system.

“Backflow” shall mean the flow, other than the intended direction of flow, of any foreign liquids, gases or substances into the city’s system.

“Backflow prevention device” shall mean a device approved by the State of Washington Department of Health or such other state department as shall have jurisdiction over the subject matter, and by the American Water Works Association, used to counteract back pressure or prevent back siphonage into the distribution system of a public water supply. Backflow prevention devices are of the following types:

1. Double-check valve assemblies, which are assemblies composed of two single, independently acting check valves including tightly closed shut-off valves located at each end of the assembly and suitable connections for testing the water tightness of each check valve.

2. Reduced pressure principle backflow prevention devices which are devices incorporating two or more check valves and an automatically operating differential relief valve located between the two checks, two shut-off valves, and equipped with necessary appurtenances for testing. The device shall operate to maintain the pressure in the zone between the two check valves, less than the pressure on the public water supply side of the device. At cessation of normal flow, the pressure between the check valves shall be less than the supply pressure. In case of leakage of either check valve, the differential relief valve shall operate to maintain this reduced pressure by discharging to the atmosphere. When the inlet pressure is two pounds per square inch or less, the relief valve shall open to the atmosphere, thereby providing an air gap in the device.

“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.

“City standard construction specifications” shall mean those specifications set forth in the city standard construction specifications.

“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.

“Cross-connection” shall mean any physical arrangement whereby the city’s system is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, sewage, or other waste or liquid of unknown or unsafe quality which may be capable of imparting contamination to the city’s system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices and other temporary or permanent devices through which backflow could occur are considered to be cross-connections.

“Customer” shall mean any individual, firm or organization purchasing water 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 water 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 (mobile home) parks and travel (mobile home) courts having spaces for two or more trailers (mobile homes) and manufactured homes, and each trailer (mobile home) 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 water service connection, usually at the outlet meter connection in the meter riser box.

“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.

“Service line” shall mean all piping and fittings from the point of delivery to the water shut-off valve behind the meter at the structure located on the customer’s premises.

“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 all water source, storage and supply facilities, transmission, pipelines, pumping plants, distribution mains and appurtenances, vehicles, materials, storage facilities and buildings owned or hereafter acquired by the city for water supply purposes.

“Water consumption” shall mean water registered by a meter and consumed by a customer.

“Water service” shall mean the availability of water at a point of delivery for use by the customer, irrespective of whether water is actually used.

“Water service connection” shall mean all piping and fittings from a main to the point of delivery, including the tap or tapping saddle at the main and the curb stop with meter riser box at the point of delivery. (Ord. 04-645 § 1(1.1), 2004)

13.30.020 Scope.

In addition to being an administrative code for the city, this chapter of the Asotin Municipal Code is a part of all written contracts for furnishing and receiving water service. This chapter may be referred to as the “Water Administrative Code” of the city. (Ord. 04-645 § 1(1.2), 2004)

13.30.030 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. 04-645 § 1(1.3), 2004)

13.30.040 Disclaimer, exclusion of warranties and limitation and exclusion of damages.

The city cannot and does not guarantee any minimum quantities of water or pressure of the water to be furnished to any water service, hydrant or outlet, or to any customer, consumer or other user of the city’s system or water supplied by the city. If the supply of water by the city 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.

The quantity and pressure of water supplied by the city are supplied “as is” and “with all faults.” There are no warranties of fitness or merchantability, express or implied, with respect to the quantity and pressure of water supplied by the city.

All incidental damages incurred by a customer as a result of the interruption or failure of the quantity, quality or pressure of the water furnished by the city are hereby limited to $50.00 and all consequential damages so incurred are hereby excluded. (Ord. 04-645 § 1(1.4), 2004)

Article II. Water Service

13.30.050 Types of water service.

The city shall provide the following types of water 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. 04-645 § 1(2.1), 2004)

13.30.060 Meters required.

A. All city water services shall be metered.

B. Water users shall report immediately to the water superintendent any defective conditions occurring in the meter or tap. No water user is authorized under any circumstances to make any change, repair or replacement in or to any water meter or tap installation. Any violation of this section shall be reported by the water superintendent to the city council at the next regular meeting, together with a statement as to the cost and expense of repairing, correcting and/or replacing any defective condition caused or occasioned by such unauthorized changes, repairs and/or replacements. The city council may under such circumstances, at its discretion, direct the water service to be discontinued immediately or within such time and on such conditions as it may specify.

C. It shall be a misdemeanor punishable by a $250.00 fine or a 90-day jail sentence for any individual convicted of tampering with a water meter, whether or not service has been discontinued. (Ord. 04-645 § 1(2.2), 2004)

13.30.070 Application for water service – Disconnection of connections to existing mains.

Any person desiring to have a premises connected to the city’s system must make application therefor at the City Hall 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. Purpose for which water is to be used;

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

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

All water 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 water service connections and service lines that are not in conformance with this water administrative code on such date shall be brought into compliance with this water administrative code upon 30 days’ written notice given by city, unless a longer period of time is authorized by the city. 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. 04-645 § 1(2.3), 2004)

13.30.080 Plan review.

The mayor or his representative may require that an application for water service be accompanied by plans and specifications covering the water service connection, the service line or both. 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 or his representative. Before water service is turned on, 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. (Ord. 04-645 § 1(2.4), 2004)

13.30.090 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. (Ord. 04-645 § 1(2.5), 2004)

13.30.100 Rates, charges and fees.

The owner or his/her authorized agent requesting a new service installation shall pay an installation fee. Owners or their authorized agents who request the placement of a meter in an approved development or subdivision where a water service has been installed by a developer shall pay a connection fee. Upon installation the new water service is subject to the rates, charges and fees set by the city council through an adopted resolution. A current fee schedule shall be provided upon request by the owner or their authorized agent. (Ord. 04-645 § 1(2.6), 2004)

13.30.110 Water service connection and service line – Multiple water services.

A single water service connection and service line shall be provided for every structure unless the connection of more than one structure to a single water service connection and service line is approved by the city to the construction of such water service connection and service line. The proposed structures must be built on property under single ownership. (Ord. 04-645 § 1(2.7), 2004)

13.30.120 Installation.

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

A. The service line and water service connection shall be constructed, installed, inspected and connected in accordance with this code and city standard construction specifications.

B. All materials, equipment and supplies for service lines and water service connections shall be in conformance with this code and city standard construction specifications.

C. The applicant shall be responsible for the service line. The water service connection shall be installed by a registered contractor in accordance with AMC 13.30.550.

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 city when the water service line is ready for inspection. The grades, materials and manner of construction shall be subject to approval of the city. The city shall make all taps of a water service connection to an existing city main. The applicant shall pay an inspection fee for such supervision and for inspection of the water service line. The water service line shall not be covered before it is inspected.

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

G. Each premises shall have a shut-off valve upstream of each meter.

H. Water service and electrical service lines shall not share the same trench unless they are separated by a minimum of 24 inches or the electric line is in a rigid metallic conduit. Both water and electric lines shall have plastic marking tape with appropriate labels placed one foot above the line.

I. No electric grounding devices or wires from any utility shall be attached to any water mains.

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

K. 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. 04-645 § 1(2.8), 2004)

13.30.130 Developments and subdivisions.

The water service policy shall apply to all developments and subdivisions governed by Asotin County ordinances 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. Water service installations in developments and subdivisions are subject to the following conditions and requirements:

A. Water mains constructed in platted areas shall include the installation of water service lines with final placement of the water service and meter box in the sidewalk or the lot line if a sidewalk is not planned as part of the development or subdivision. Exceptions shall 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 water main extension shall be installed concurrently with the water main installation. Services shall be connected to the water mains and extended to the customer’s lot line, with a tailpiece extended above the ground, prior to pressure and bacteriological testing of the water main.

C. The service line and water 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 except for the water meter. Water services shall be installed after pressure and bacteriological tests have been passed.

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

E. Water service installations in developments and subdivisions are subject to the conditions provided for in Article VI, Line Extensions. (Ord. 04-645 § 1(2.9), 2004)

13.30.140 Universal water service.

Upon the city’s acceptance of an application for service, the customer at the request of the city shall cause any private water well serving the premises to be disconnected. (Ord. 04-645 § 1(2.10), 2004)

13.30.150 Service outside city limits.

Application for water services outside the city limits may be made at City Hall. The city shall be under no obligation to furnish water outside the city limits pursuant to Chapter 13.40 AMC*. The city council shall approve all applications for water service outside the city limits. The rate shall be 1.5 times the rate for a similar customer inside city limits. (Ord. 04-645 § 1(2.11), 2004)

* Code reviser’s note: Ordinance 04-645 repeals Chapter 13.40 AMC.

13.30.160 Turning on water service.

Water service may be turned on only after all applicable fees and charges have been paid, the city approves the water service connection and service line as meeting the requirements of this chapter and city standard practices, and all meters have been installed and inspected pursuant to this chapter. (Ord. 04-645 § 1(2.12), 2004)

13.30.170 Limitation on water use.

No customer shall use water supplied by the city for any purposes other than those stated in the application for water service. (Ord. 04-645 § 1(2.13), 2004)

Article III. Water Use and Use of City Property

13.30.180 Water service ownership and maintenance.

The city shall own, maintain and operate the water service connection. The customer shall own, maintain and operate the service line from the point of delivery on a property line of the customer’s premises to the structure receiving the water, and including any valves, fittings, backflow prevention devices or pressure regulators that may be required to control the water pressure to the customer’s premises, but excluding any property of the city. (Ord. 04-645 § 1(3.1), 2004)

13.30.190 Customer’s responsibility for city’s property.

The customer shall provide space for and exercise proper care to protect the city’s property on its premises. This will include meters, meter boxes, remote registers, fittings, pipes and other facilities remaining the property of the city.

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. 04-645 § 1(3.2), 2004)

13.30.200 System disturbances.

Water service shall not be utilized in such a manner as to cause severe disturbances or pressure fluctuations to other customers of the city. The city reserves the right to refuse to provide water service to any applicant thereof or to any customer and to terminate, pursuant to the procedures of Article X of this chapter, the water service of any customer of the city when the customer has not complied with this chapter, or when such water 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. Whenever the city finds that protective devices are necessary to protect a customer’s property, the property of other customers, or the property of the city, the city will require the installation and maintenance of such devices to be paid for by the customer whose water service creates the need for such protective devices. Where equipment causing violent fluctuations in water 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. 04-645 § 1(3.3), 2004)

13.30.210 Notice of water service problems.

Each customer shall give prompt notice to the city of any defect, trouble or accident affecting that customer’s water service. (Ord. 04-645 § 1(3.4), 2004)

13.30.220 Customer’s responsibility to prevent backflow.

Backflow prevention devices, when required to be installed in the opinion of the mayor, shall be installed and maintained by the customer on any service lines where such backflow prevention devices are necessary for the protection of the city’s system or the quality of water supplied by the city. The entire cost of installing a backflow prevention device or devices shall be borne by the customer requiring the device, and the installed device shall be owned and maintained by such customer. Inspection of such devices may be made periodically by a city representative, but it shall be each customer’s responsibility at all times to maintain its backflow prevention device in a fully functioning condition and to perform or have performed annual testing as required by the State of Washington Department of Health. (Ord. 04-645 § 1(3.5), 2004)

13.30.230 Customer water supply failure.

If the customer’s water 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, then the customer shall pay an inspection fee as set by the city council by resolution. (Ord. 04-645 § 1(3.6), 2004)

13.30.240 Temporary service.

Customers requiring water service of limited duration shall pay all costs incurred by the city for connection and disconnection of such service. (Ord. 04-645 § 1(3.7), 2004)

13.30.250 Resale.

The customer may not resell water. (Ord. 04-645 § 1(3.8), 2004)

13.30.260 Shutting off and turning on water.

Only employees of the city are authorized to shut off and turn on water service. Unauthorized turn-on and shut-off of water service is expressly prohibited. Should any person cause a water service to be turned on at the corporation stop or the curb stop or meter 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 water service turned on will be charged a prescribed tampering fee. Should any person cause a water service to be turned off without authorization of the mayor or his representative, the account for the water service shut-off 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. 04-645 § 1(3.9), 2004)

13.30.270 City right of access.

By applying for and receiving water 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 water 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 water 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. 04-645 § 1(3.10), 2004)

13.30.280 Plumbing inspection by city.

By applying for and receiving water 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 water 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. 04-645 § 1(3.11), 2004)

13.30.290 Interruption of service.

The city reserves the right temporarily to suspend water 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 water 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 water use, to protect city property, to prevent cross-connections and otherwise to prevent health hazards. Notice of any such disconnection shall be given as is provided by AMC 13.30.360.

In case the supply of water 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 water service and shall not be liable for injury, loss or damage resulting from failure to provide such service. (Ord. 04-645 § 1(3.12), 2004)

13.30.300 Uncovering, disturbing or tapping into water service facilities.

No person other than the mayor or his representative shall uncover, open, use, alter, extend, disturb, tap or connect into any city main or water 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, approval of a water service application or authorization from the mayor or his representative. (Ord. 04-645 § 1(3.13), 2004)

13.30.310 Unlawful damage to water service.

No person shall maliciously, willfully 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. 04-645 § 1(3.14), 2004)

Article IV. Connections and Disconnections of Water Service

13.30.320 Changed service capacity.

A customer desiring a change in the capacity of a service line, water service connection or water meter to increase or decrease water supply (changed service capacity) shall apply in writing to the city for such changed service capacity or nonstandard service at least 14 days in advance of the customer’s need in order to allow the city to evaluate the application.

Each application for changed service capacity shall be evaluated by the city to determine if the change in service capacity or nonstandard service requested will be detrimental to the city’s ability to supply full water service to its other customers or will be economically feasible. If it is determined by the city that the requested change in service capacity will not impair the city’s ability to provide full water service to its other customers and that it will be economically feasible to fulfill the customer’s request, the city will authorize the customer to accomplish the requested changes in service capacity or nonstandard service. (Ord. 04-645 § 1(4.1), 2004)

13.30.330 Change of occupancy.

When a change of occupancy or ownership of or responsibility for payment of water 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. 04-645 § 1(4.2), 2004)

13.30.340 Unauthorized connections.

No person without authorization of the mayor or his representative shall tap into or make any connection with the city’s mains, water service connection, hydrants, or system for the purpose of securing water service therefrom or for any other purpose whatever. (Ord. 04-645 § 1(4.3), 2004)

13.30.350 Cross-connection control program.

The city shall administer a cross-connection control program as authorized by WAC 246-290-490. The city shall employ a cross-connection control specialist who shall be certified as a CCS in compliance with state regulations and who shall be responsible for administering the city’s cross-connection control policy under the direction of the city mayor and in compliance with Department of Health regulation. (Ord. 04-645 § 1(4.4), 2004)

13.30.360 Cross-connections.

Except as provided in AMC 13.30.370, all cross-connections, whether or not such cross-connections are controlled by automatic devices such as check valves, or by hand-operated mechanisms such as gate valves or curb stops, are hereby prohibited. Failure on the part of any person to discontinue the use of any and all cross-connections and physically to separate such cross-connections will be sufficient cause for the discontinuance of water service to the premises on which the cross-connection exists.

The mayor will, in cooperation with the health officer or the local plumbing inspection authority, make periodic inspections of premises served by the city’s system to check for the presence of cross-connections. Any cross-connections found in such inspections shall be ordered removed. If an immediate hazard to health is caused by the cross-connection, water service to the premises will be discontinued until the mayor verifies that the cross-connection has been removed. Notice of such a disconnection in substantially the following form shall be delivered to the customer and posted on the customer’s premises:

Water service at (address of premises) has been discontinued. For information regarding restoration of water service, contact City of Asotin, City Hall, 130 Second Street, Asotin, WA 99402, or by telephone at 243-4411.

(Ord. 04-645 § 1(4.5), 2004)

13.30.370 Use of backflow prevention devices.

A. Backflow prevention devices shall be installed at the point where the customer’s service line is attached to that customer’s meter or within any premises where, in the judgment of the mayor or his representative, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection does not exist at the time the backflow prevention device is required to be installed. This shall include but not be limited to the following situations:

1. Premises having internal cross-connections that are not correctable, or intricate plumbing arrangements that make it impracticable to ascertain whether or not cross-connections exist.

2. Premises where entry is restricted so that inspections for cross-connections cannot be made at sufficiently short notice to assure that cross-connections do not exist.

3. Premises having a repeated history of cross-connections being established.

4. Premises on which any substance is handled under pressure so as to permit its entry into the city’s system, or where a cross-connection reasonably could be expected to occur. This shall include the handling of process waters and cooling water.

5. Premises where materials of a toxic or hazardous nature are handled such that if back siphonage should occur, a serious health hazard may result.

6. Premises that are served with private fire service lines for fire sprinkler systems or fire hydrants are required to have backflow prevention. The type of backflow prevention device will be determined by the degree of hazard as determined by the mayor or his representative.

B. The type of backflow prevention device required in subsection (A) of this section shall depend on the degree of hazard, which exists as follows:

1. An air gap separation or a reduced pressure principle backflow prevention device shall be installed where the water supply may be contaminated with sewage, industrial waste of a toxic nature or other contaminant which would cause a health or system hazard.

2. In the case of a substance which may be objectionable but not hazardous to health, an air gap separation, reduced pressure principle backflow prevention device, double-check valve assembly, pressure vacuum breaker or atmospheric vacuum breaker shall be installed.

C. Backflow prevention devices shall be located so as to be readily accessible for maintenance and testing, and where no part of the device will be submerged.

D. Backflow prevention devices required shall be installed under the supervision and with the approval of the mayor or his representative.

E. Any backflow prevention device shall be a model approved by the Washington State Department of Health for installation in the state of Washington. A reduced pressure principle backflow prevention device, double-check valve assembly, pressure vacuum breaker or atmospheric vacuum breaker will be approved if it has successfully passed performance tests of the University of Southern California Engineering Center or other testing laboratory satisfactory to the mayor or his representative.

F. All backflow prevention devices are required to be tested annually, at the customer’s expense, by a Washington State certified backflow assembly tester. The devices shall be repaired, overhauled, or replaced at the customer’s expense whenever they are found to be defective. Inspections, tests and repairs and records thereof shall be done under the mayor’s supervision.

G. Failure of the customer to cooperate in the installation, maintenance, testing or inspection of backflow prevention devices required in this section shall be grounds for the termination of water service to the premises. (Ord. 04-645 § 1(4.6), 2004)

13.30.380 Backflow assembly testers.

Backflow assembly testers shall be certified as a BAT in compliance with state regulations. BATs shall be responsible for providing the city with documentation supporting state certification. Records of tests and repairs completed on backflow prevention devices shall be submitted to the city at the time of testing. BATs are responsible for annual calibration of test equipment. Documentation of equipment calibration results is to be provided to the city upon receipt of test results. (Ord. 04-645 § 1(4.7), 2004)

13.30.390 Disconnection of water service.

No premises may be disconnected from a water service and no water service connection may be disconnected from the city’s main for any reason without prior written notification to, and approval of, the mayor or his representative. No approval shall be given unless the disconnection is lawful under this chapter and other applicable laws, and the customer, owner or contractor will satisfactorily protect the system of the city. Water service charges for any premises disconnected or to be disconnected shall continue until actual disconnection. (Ord. 04-645 § 1(4.8), 2004)

13.30.400 Auto to landlord.

Reserved. (Ord. 04-645 § 1(4.9), 2004)

Article V. Formation of a Local Improvement District (LID)

13.30.410 Formation.

Property owners within a defined area may petition the city for formation of a local improvement district (LID) to finance the extension of water mains to serve properties. The formation of an LID shall be subject to the following conditions and requirements. (Ord. 04-645 § 1(5), 2004)

13.30.420 Establishment and definition.

The city may establish and define the boundaries of local assessment districts to be known as Local Improvement District (LID) No. “____” for the purpose of water distribution. The LID shall be under the general supervision and control of the city. The city shall purchase, or otherwise acquire, or construct and equip distribution systems, and provide for extensions and betterments. To finance an LID, the city may issue local improvement bonds or warrants and may levy and collect special assessments and reassessments on property benefitting from the LID, to pay for associated costs and expenses. (Ord. 04-645 § 1(5.1), 2004)

13.30.430 Improvements, SEPA and financing.

The city will determine what work shall be done or improvements made at the expense in whole or in part of the property specially benefitted by creating an LID. The city is responsible for determining exemption from State Environmental Policy Act (SEPA) procedures. If not exempt, the city will prepare and issue an environmental checklist followed by either a determination of nonsignificance (DNS) or an environmental impact statement (EIS). The city will determine the appropriate approach for financing the project. Financing options include bonds or warrants secured by assessments against the property within the local utility city, or revenue bonds. For revenue bonds, no bonds or warrants shall be issued by the local utility city but assessments shall be levied upon the taxable property on the basis of special benefits up to, but not exceeding, the total cost of the improvements. In such cases, the entire principal and interest of such assessments shall be paid into a revenue bond fund of the city, to be used for the sole purpose of revenue bonds payment. (Ord. 04-645 § 1(5.2), 2004)

13.30.440 Petition and resolution.

Improvements shall be ordered by commission resolution upon petition or by city resolution.

A. Petition. The city shall fix a hearing date when a petition signed by 10 percent of the owners of land in the proposed city is filed, asking that a financially and economically feasible plan or improvement be adopted and ordered. At least two weeks’ public notice will be given for the hearing. The commission may deny the petition or order the improvement, unless a majority of the owners of lands in the city file prior to 12:00 noon of the day of the hearing, with the secretary of the commission, a petition protesting against the improvement.

B. City Ordinance. The city council shall adopt an ordinance declaring intention of forming an LID. At least two weeks’ public notice will be given for a hearing on city intent to form an LID. (Ord. 04-645 § 1(5.3), 2004)

13.30.450 Establishing the LID.

If, after the hearing, the city council orders the improvement, it may alter the boundaries of the proposed local district and prepare and adopt detailed plans of the local improvement, declare the estimated cost, what proportion shall be borne by the local improvement district and what proportion, if any, shall be borne by the city. The city will create a fund to finance the LID, acquire all lands and other properties, pay all damages, and commence in the name of the city the necessary eminent domain awards, and proceed with the work. The city shall file with the county treasurer its roll levying special assessments for the amount to be paid by special assessment against the property in the local improvement district in proportion to the special benefits to be derived from the improvements. (Ord. 04-645 § 1(5.4), 2004)

13.30.460 Preliminary notice.

Before approval of the roll, a notice will be published for 10 days stating: (1) the roll is on file and open to inspection in the City Hall, (2) a fixed time not less than 15 nor more than 30 days from the date of the first publication of the notice within which protests must be filed with the secretary of the commission against any assessments, and (3) a time when a hearing shall be held by the commission on the protests. After the hearing, the commission may alter any and all assessments shown on the roll and may by resolution approve it. If the LID contains “farm and agricultural land” or “timber land” as defined in RCW 84.34.310, the city will file notice of the LID formation with the county assessor and board of commissioners.

If an assessment is raised, a new notice similar to the first shall be given and a hearing had thereon after which final approval of the roll may be made. Any person aggrieved by the assessments shall perfect an appeal to the superior court of the county within 10 days after the approval in the manner now provided for appeals from assessments levied by cities. Engineering office and other expenses necessary or incident to the improvement shall be borne by the public utility city; provided, that when a municipal corporation included in the public utility city already owns or operates a utility of a character like that for which the assessments are levied, all such engineering and other expenses shall be borne by the local assessment city. (Ord. 04-645 § 1(5.5), 2004)

13.30.470 Alterations to assessments.

The city will be responsible for only up to 50 percent of the cost of LID improvements unless a majority of the electors of the city consent to or ratify a contribution of greater than 50 percent. (Ord. 04-645 § 1(5.6), 2004)

13.30.480 Final notice and payment.

As soon as the assessment roll has been placed in the hands of the county treasurer for collection, they shall publish a notice in the official newspaper of the county for once a week for two consecutive weeks. Within 15 days after the first publication, notice will be mailed to all property owners that the roll is filed for collection. If the LID contains “farm and agricultural land” or “timber land” as defined in RCW 84.34.310, the city will file notice of the LID formation with the county assessor and board of commissioners.

Any assessment may be paid within 30 days from the date of the first publication of the notice without penalty, interest or cost. After 30 days, the remaining unpaid sum may be paid in equal annual installments extending over a period not to exceed 20 years. Interest on the whole amount unpaid at the rate fixed by the resolution shall be due on the due date of the first installment of principal and each year thereafter on the due date of each installment of principal. The first installment shall become due and payable during the 30-day period succeeding a date one year after the date of first publication of the treasurer’s notice and annually thereafter each succeeding installment shall become due and payable in like manner. If the whole or any portion of any assessment remains unpaid after the first 30-day period, interest upon the whole unpaid sum shall be charged at the rate fixed in the resolution, and each year thereafter the installments and interest due upon the whole of the unpaid balance shall be collected. Any installment not paid prior to the expiration of the 30-day period during which the installment is due and payable shall become delinquent. All delinquent installments shall be subject to a charge for interest at the rate to be determined by the commission. (Ord. 04-645 § 1(5.7), 2004)

13.30.490 Final notice.

Except as herein and otherwise provided, all matters and proceedings relating to the local utility city, the levying and collection of assessments, the issuance and redemption of local improvement warrants and bonds, and the enforcement of local assessment liens shall be governed by local improvement city laws. (Ord. 04-645 § 1(5.8), 2004)

13.30.500 LID administration.

The form of any local improvement bond to be issued by the city shall be fixed by resolution. (Ord. 04-645 § 1(5.9), 2004)

Article VI. Line Extensions

13.30.510 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 provision of this chapter and city standard construction 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 water supply capacity of the system is sufficient to accommodate the increased water 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 city standard construction specifications. This line extension policy applies to all developments governed by Asotin County ordinances 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 water services will be subject to the conditions and requirements as provided for in AMC 13.30.130, Developments and subdivisions. (Ord. 04-645 § 1(6.1), 2004)

13.30.520 Extension agreement.

The developer extension agreement required in AMC 13.30.510 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 city 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. 04-645 § 1(6.2), 2004)

13.30.530 Permit application – Submission of plans.

A. Any owner of real property desiring to extend a city water main through construction of a line extension shall obtain a construction permit from the mayor or his representative before commencing construction of the line extension. Application for a construction permit shall be made on a special form furnished by the city.

B. The permit application shall be supplemented by plans and specifications for the line extension prepared by a registered professional engineer, showing the size of pipe, its location and grade, the locations, sizes and types of all appurtenances, the locations and sizes of any buildings to be served, and any other information considered pertinent in the judgment of the mayor or his representative, including by way of illustration, in the case of a new building, a plan or diagram of plumbing and water service facilities. If the applicant submits the plans and specifications to the city engineer for review, the owner shall pay to the city at the time of such submission a deposit as the initial payment for the professional services and administrative cost of such review and the checking of the plans and specifications by the city mayor or his representative. Before a permit is issued, the owner shall pay to the city the balance of such costs, and the city shall return to the owner any money unexpended from the deposit. All contractors must furnish proof of insurance and bond satisfactory to the city.

C. Review and Approval by DOH. Per WAC 246-290-110 and 246-290-120, the developer and his/her designer of any new water system, water system extension, or improvement to be accepted by the city, must submit a project report and construction documents (plans and specifications) to the Washington State Department of Health (DOH), Drinking Water Division, for review. The developer or designer shall pay all costs associated with DOH review of the plans and specifications. Water system improvements and extensions that require DOH review include but may not be limited to the following:

1. Distribution mains and all appurtenant water plant facilities, including pump stations, distribution reservoirs, transmission pipelines, etc. (Ord. 04-645 § 1(6.3), 2004)

13.30.540 Permits – Procedure for obtaining and conditions.

Construction permits for line extensions shall be obtained in the following manner and, in addition to other requirements of this chapter, shall be subject to the following conditions and requirements:

A. Permits shall be issued only upon proper application at the City Hall.

B. A permit may be issued only to a registered contractor and only he may perform such work, but such permit shall not allow the registered contractor to connect the line extension to the city’s water mains.

C. Permits shall not be transferable. No authorized person, including any registered contractor, shall lay any pipe pursuant to any other person’s permit.

D. The application for a permit shall include the following information:

1. Owner’s name;

2. Owner’s mailing address;

3. Address of property to be served;

4. Name of customer and address to which bills shall be sent;

5. Registered contractor’s name and proof of qualifications under this chapter;

6. Legal description of property to be served;

7. Anticipated date or dates of construction, installation and connection; and

8. Location of meters and remote registers required by this chapter.

E. The application shall be accompanied by a surety bond in a form and with a surety licensed to do business in the state of Washington, and in an amount acceptable to the city, which bond shall guarantee the faithful performance of the work on the line extension, payment of all individuals or entities, including state and municipal entities and agencies, who are empowered to create a lien upon the line extension for nonpayment of obligations to those individuals or entities and the replacement of all defective material and workmanship within one year after acceptance of the line extension by the city. In some cases, a two-year bond may be required because of county rules on road restoration.

F. A permit fee shall be paid when the application for a construction permit is submitted to the city. The owner must pay all other applicable fees and charges before any work is started.

G. The permit must be posted on the job site prior to commencing the work and must be readily accessible to the inspector for the city.

H. Upon acceptance of the line extension by the city, the owner shall provide to the city a set of reproducible “as built” drawings on Mylar sheets prepared by a registered professional engineer from actual field measurements and acceptable to the city, showing the locations, sizes and types of all pipes, valves, hydrants, and fittings and exact distances from property lines.

I. The registered contractor doing the work shall meet with the inspector on the job whenever so directed by the inspector, the mayor or his representative. (Ord. 04-645 § 1(6.4), 2004)

13.30.550 Persons who may construct line extensions.

For the purpose of assuring safe and quality construction and connection of line extensions to the water mains of the city, and of affording satisfactory protection to the water users of the city, no person, other than a registered contractor holding a valid unsuspended current certificate of registration issued by the proper state agency pursuant to Chapter 18.27 RCW who is certified by the mayor or his representative based on the mayor’s or his representative’s observation and inspection of the contractor’s work to do the category of work to be performed, may construct, install or connect line extensions.

All such registered contractors shall adhere at all times to the requirements of this chapter and city standard practices and shall be liable for all damages to the system of the city caused by their work.

In the event any such registered contractor shall fail to adhere to such requirements, the city council, after reasonable notice and hearing, may refuse to permit such registered contractor to work under a construction permit for any period of time deemed reasonable and appropriate. (Ord. 04-645 § 1(6.5), 2004)

13.30.560 Costs of line extension.

All costs and expenses incident to the design, construction, installation, inspection and connection of the line extension of an owner’s premises shall be borne by such owner. The owner shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the construction, installation, inspection and connection of such line extension. (Ord. 04-645 § 1(6.6), 2004)

13.30.570 Specifications for construction, installation, inspection and connection.

Line extensions shall be constructed, installed, inspected and connected to city mains in accordance with this chapter, city standard practices and the terms and conditions of the developer extension agreement. Materials, equipment and supplies used in line extensions shall be in conformance with this chapter and city standard construction specifications and the American Waterworks Association specifications. (Ord. 04-645 § 1(6.7), 2004)

13.30.580 Inspection of line extensions – Manner.

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. 04-645 § 1(6.8), 2004)

13.30.590 Inspection of line extensions – Procedure.

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 any costs to the city, caused by the failure to adhere to the inspection requirements of this chapter, before the city will accept the line extension. (Ord. 04-645 § 1(6.9), 2004)

13.30.600 Notice before commencing work.

Prior to any person’s 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. 04-645 § 1(6.10), 2004)

13.30.610 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. 04-645 § 1(6.11), 2004)

13.30.620 Other utilities.

No other utility, sewer 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. 04-645 § 1(6.12), 2004)

13.30.630 Acceptance.

The line extension shall be accepted; provided, that the extension has been installed according to approved plans and specifications, pressures and bacteriological 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 city council’s approval of a resolution accepting the line extension, the city will assume ownership of and responsibility for its operation and maintenance. (Ord. 04-645 § 1(6.13), 2004)

Article VII. Meters

13.30.640 Installation.

At the time a service line and water service connection are connected to the city’s system, the city shall install a meter or meters of the type approved and supplied by the city. The ownership of the meters shall remain in the city. The customer shall be responsible for the replacement or repair cost of the meter in the event it is destroyed or damaged beyond normal wear and tear by any cause other than the fault of the city. The city will bill the cost of such repair or replacement to the customer. Upon transfer of ownership of the property served, the transferor shall not recover his deposit from the city, but shall look only to the transferee for such reimbursement. (Ord. 04-645 § 1(7.1), 2004)

13.30.650 Reading.

Meters for residential, multifamily and commercial services shall be read monthly at city’s option. Meter readings shall be made on the same cycle date, as nearly as possible, during each monthly interval. Variations in reading periods caused by holidays, Saturdays, Sundays, inclement weather and differences in lengths of calendar months shall not be construed as a change from a normal monthly interval.

The city may alter or reroute its meter reading and billing cycle dates when such alteration or rerouting is in the best interest of the city.

The city may estimate meter readings for billing purposes when its meter reader is unable to gain access to the premises on his regularly scheduled meter reading trip, when the meter has been tampered with or is not functioning properly, or when circumstances beyond the control of the city make reading of meters impracticable or impossible. (Ord. 04-645 § 1(7.2), 2004)

13.30.660 Tests.

The city will, at its own expense, inspect and test its meters as required to ensure a high standard of accuracy. Additional tests at the request of a customer will be made. If at such additional tests the meter is found to register within three percent of accuracy, the city will charge a test fee for all such tests made at intervals more frequent than once in three years. If the meter is found to register in excess of three percent fast or slow, the city will pay for the testing and will adjust the customer’s billing for the known or assumed period of error, not to exceed the previous six months. (Ord. 04-645 § 1(7.3), 2004)

Article VIII. Billing Procedures and Adjustments

13.30.670 Frequency of billing.

All billings shall be made monthly or bimonthly at city’s option. (Ord. 04-645 § 1(8.1), 2004)

13.30.680 Mailing of billing.

Billings shall be mailed to the owner or beneficial 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. 04-645 § 1(8.2), 2004)

13.30.690 Billing adjustments.

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

A. Receipt of Unmetered Water Service. When it has been determined that a customer has received unmetered water service or when a customer has caused water service furnished to be metered improperly or inaccurately, the city may render bills for such service based upon its reasonable estimate of the service actually furnished for the full period during which the service was unmetered or improperly metered.

B. Retroactive Adjustment of Bills – Incorrect Application of Rates, Stuck Meters 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, stuck meters or clerical errors (other than adjustment of bills for service through the wrong meter) will be made only for the two-month period immediately preceding the discovery by the city of the incorrect application of rates, stuck meters or clerical errors (other than adjustment of bills for service through the wrong meter).

C. Service Through Wrong Meter. Should one customer be billed for service actually furnished to another because of misidentification of the meter through which he has received service (service through the wrong meter), the improperly billed customer’s account will be credited for all service so billed and he will then be charged for all service actually furnished.

D. Abnormal Water Loss. Should a customer incur an abnormal water loss caused by a condition deemed by the mayor to be undetectable and not a result of lack of normal maintenance by the customer, an adjustment in the customer’s account shall be made for that period of abnormal water loss, but no adjustment shall be allowed for any period of abnormal water loss in excess of two months for any 12-month period.

The adjustment shall consist of a determination by the city of the customer’s normal water consumption during the period of adjustment. For this estimated normal water consumption, the customer will be charged the city’s normal rates. For any excess water consumption during the period of adjustment, the customer will be charged the city’s rate for the water consumed plus 15 percent of that cost. 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.

E. Frozen Pipes. No adjustments in a customer’s account shall be made on account of damage or water loss resulting from the freezing of the service line, faucets or plumbing of the customer who seeks an adjustment. (Ord. 04-645 § 1(8.3), 2004)

13.30.700 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. 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.

A service charge 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.

B. Lien on Property. All charges for water service provided for in this chapter, together with the penalties thereon, shall be a lien on the property for which such water 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.

C. 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. 04-645 § 1(8.4), 2004)

13.30.710 Budget billing.

Reserved. (Ord. 04-645 § 1(8.5), 2004)

13.30.720 Auto debit.

Repealed by Ord. 07-706. (Ord. 04-645 § 1(8.6), 2004)

13.30.725 Criteria for waiving water 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 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, waste water treatment manager and maintenance supervisor. If a property owner has had the sewer line capped, a 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, waste water treatment manager and maintenance supervisor.

The following policy/procedure will be in place regarding late fees, past due accounts and shut-offs. This policy is 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 shut-off notice will be mailed to the address on file.

1. For the purposes of this initial implementation, this policy will apply to any account with more than two months of billing in arrears; 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 $200.00 (unless a current written payment plan is in place), a shut-off 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 shut-off date, a door hanger will be delivered to address as a final reminder of the shut-off date.

J. If no payment is received or an adequate payment plan is not in place prior to the shut-off date, services will be disconnected on the date indicated in the shut-off notice.

K. Upon payment of delinquent funds or when an adequate payment plan is in place, the services will be restored. (Note: If any payments/plans are 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 shut-off 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 shut-off from occurring. (Ord. 22-878 § 1, 2022; Ord. 18-830 § 1, 2019)

Article IX. Delinquent Accounts

13.30.730 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 water service. The notice will include information regarding fees associated with the delinquent account notification and fees associated with the disconnection and reconnection of water service. Fees for delinquent notification and reconnection of a customer’s water 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. 04-645 § 1(9.1), 2004)

13.30.740 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 city 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 city 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 city 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 city council shall have the right to question each side and each side shall have the right to question the other. Following the city 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 city 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 city 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 city council shall consider:

a. Whether water 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 city 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 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 City Council Following Hearing on Appeal. Unless the hearing of the customer’s appeal is continued, the city council shall render a decision of its disposition of the customer’s appeal at the meeting where the hearing is conducted. The city 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 city 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 city council; and

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

A written decision of the city council shall be signed on behalf of the city council by the mayor, dated and delivered, within five business days of the meeting where the city 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 city 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 city 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 city council. (Ord. 04-645 § 1(9.2), 2004)

13.30.750 Failure to utilize informal conference procedure – Disconnect – Deposit required.

A. 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.

B. Any customer who has received two termination of service notices within a 12-month period shall be required to post a deposit equal to the charges for the highest two months in a 12-month period before service may be resumed. (Ord. 04-645 § 1(9.3), 2004)

Article X. Termination of Water Service for Nonpayment

13.30.760 Termination of water 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 AMC 13.30.730 and 13.30.740, the city shall terminate a customer’s water 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 water service. (Ord. 04-645 § 1(10.1), 2004)

13.30.770 Reconnection of water service.

Wherever water service has been terminated, the city shall not restore that water 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 water service, plus a deposit as provided in AMC 13.30.750(B). (Ord. 04-645 § 1(10.2), 2004)

Article XI. Collection of Unpaid Accounts

13.30.780 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. 04-645 § 1(11.1), 2004)

13.30.790 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 city 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. 04-645 § 1(11.2), 2004)

Article XII. Commercial Fire Protection Service

13.30.800 Application.

A customer’s application for commercial fire protection service must be made on an application provided by the city. (Ord. 04-645 § 1(12.1), 2004)

13.30.810 Private fire lines – Backflow prevention devices required.

Approved backflow prevention devices are required on all private fire lines at customer’s expense. The device shall be a double-check detector backflow prevention assembly installed on the building side of the property line. The device shall be so placed as to allow access for the city to read the meter and test the device upon request. (Ord. 04-645 § 1(12.2), 2004)

13.30.820 Service charge.

Upon acceptance by the city of the customer’s application for commercial fire protection service:

A. The customer is responsible for the total installation and the cost of all service lines from the customer’s premises to an existing city main of adequate capacity to provide the required fire fighting flows; and

B. The customer is responsible for the cost of the double-check detector backflow prevention assembly and its installation. (Ord. 04-645 § 1(12.3), 2004)

Article XIII. Fire Hydrants

13.30.830 Fire hydrant operation.

Only authorized city personnel or firefighters in the performance of their duties shall operate hydrants connected to the system. (Ord. 04-645 § 1(13.1), 2004)

13.30.840 Customer installation of fire hydrants.

Upon the written request of one or more customers, the city will authorize the installation of hydrants on mains large (no less than six-inch diameter on existing water mains and eight-inch diameter on new water mains) enough to provide adequate fire protection. The type of hydrant and location shall be as specified by the city, which shall include the requirements established by regulations of the city and county in which the hydrant will be located.

The customers shall be responsible for the cost of the hydrants and the cost of installing the hydrants. All taps of a hydrant to an existing city main shall be made under the direct supervision of the mayor or his representative, with materials and labor supplied by the city, customer or contractor. (Ord. 04-645 § 1(13.2), 2004)

13.30.850 Municipal corporation and fire city installation of fire hydrants.

Upon request, the city will install public fire hydrants for a municipal corporation or a local fire city upon payment to the city of the estimated cost of the hydrants, gate valves, connections and the installation thereof; provided, that its existing facilities are of sufficient size and capacity to adequately serve such installation (no less than six-inch diameter on existing water mains and eight-inch diameter on new water mains). (Ord. 04-645 § 1(13.3), 2004)

13.30.860 Municipal corporation and fire city ownership, inspection, maintenance and repair of fire hydrants.

The municipal corporation or fire city will own, inspect, maintain and repair fire hydrants and hydrant gate valves. The city will own, inspect, maintain and repair the connections between its main and the hydrants. The city is responsible for providing adequate water supply to hydrants.

Upon request, the city will replace or repair public fire hydrants for a municipal corporation or a local fire city upon payment to the city of the estimated cost of the hydrants, gate valves, connections and the installation thereof. (Ord. 04-645 § 1(13.4), 2004)

Article XIV. Pressure-Reducing Valves

13.30.870 Installation.

At the customer’s request, the city will measure the water pressure at the customer’s point of delivery as an aid to determining whether a reducing valve is required. Pressure-reducing valves, when required, must be installed and owned by the customer. Pressure-reducing valves will be required when pressures exceed 80 p.s.i. (pounds per square inch). A shut-off valve shall be installed by the customer next to the pressure-reducing valve on the downstream side of the meter. (Ord. 04-645 § 1(14.1), 2004)

Article XV. Satellite System Management

13.30.880 Background.

Reserved. (Ord. 04-645 § 1(15.1), 2004)

Article XVI. Violations of Code

13.30.890 Liability to city.

Any person who shall violate any provision of this chapter shall be liable to the city for any expense, loss, damage, cost of inspection or cost of correction incurred by the city by reason of such violation, including any expenses incurred by the city in collecting from such person such loss, damage, expense, cost of inspection or cost of correction. (Ord. 04-645 § 1(16.1), 2004)

13.30.900 Notice of violation.

Any person found to be violating any provision of this chapter shall be served by the city with, or mailed, a written notice stating the nature of the violation and providing a reasonable time limit (not to exceed 30 days) for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation and make all necessary corrections. (Ord. 04-645 § 1(16.2), 2004)

13.30.910 Stop orders.

When, upon discovery of an unsanitary or hazardous condition, the mayor reasonably believes that continuation of chemical treatment or further use of the hot water supply may have harmful effects upon users or subject users to risk of harm, the mayor may, with or without notice, issue a stop order requiring cessation of use of the anticorrosion chemical feeding equipment, or of anticorrosion chemicals, and/or suspending water service to the premises. Stop orders shall be served on the permit holder as soon as practicable and shall be posted on the premises. (Ord. 04-645 § 1(16.3), 2004)

13.30.920 Continued violation – Penalty.

Any person who shall continue any violation beyond the time limit provided for in AMC 13.30.900 shall, in addition to the items of expense provided in AMC 13.30.890, become liable to the city for a penalty in the amount of 10 percent of such expense items together with interest thereon at eight percent per annum from the date of the time limit provided in AMC 13.30.900. (Ord. 04-645 § 1(16.4), 2004)

13.30.930 Failure to correct violation – Disconnection.

When any person who owns or occupies premises shall continue any violation of this chapter other than nonpayment of a billing beyond the time limit provided for in AMC 13.30.900, the city council may order the termination of water services for that premises within 30 days of notice delivered in accordance with the provisions of Article X of this chapter. (Ord. 04-645 § 1(16.5), 2004)

Article XVII. Miscellaneous

13.30.940 Notices – Billings.

Any person who has the care, custody, control or management of any premises or who has control of the operation thereof or the collection of rents shall, for the purpose of this chapter, be deemed to be the agent of the owner of such premises, and the giving of all notices herein provided to that agent shall be deemed due notice to the owner. The mailing or delivery of bills for water service charges, application and permit fees, connection or installation charges or other charges to the agent shall be deemed to be mailing or delivery to the owner. (Ord. 04-645 § 1(17.1), 2004)

13.30.950 Mayor – Responsibilities and limitations.

A. The mayor is the chief administrative officer of the city and all instructions and decisions made by him shall be final, but appeals from such instructions or decisions may be made to the city council at any regular meeting of the city council. Where this administrative code requires approval by, permission or decision of, or instructions from the mayor, the mayor shall be guided solely by generally recognized engineering standards and practices, the operational demands and requirements of the system, the peculiarities of construction, topography, soil condition, or other relevant special factors affecting the specific decision to be made by the mayor, and the specific requirements of this chapter and city standard construction specifications. The mayor may appoint a representative, who shall be a city employee or the city’s engineer, who may act for the mayor.

B. In making discretionary decisions delegated to the mayor or his representative requiring technical expertise, it is the intention of this chapter that the chief executive officer confer with city personnel including the water superintendent, the city engineer, the clerk-treasurer, building official, and/or the attorney before making the decision. (Ord. 04-645 § 1(17.2), 2004)

13.30.960 Variances.

The city council may in specific cases grant a variance from any requirement of this chapter which will not be contrary to the public interest, but only if, owing to the special circumstances of the case involving a specific premises, the literal interpretation and strict application of this chapter would cause undue and unnecessary hardship. No variance shall be granted unless all of the following facts and conditions are found to exist:

A. Because of the unique conditions applicable to the premises, which were not created by the owner or customer, the strict application of this chapter would deprive the premises of rights and privileges enjoyed by other premises served by the city;

B. The contemplated variance does not go below the minimum necessary to afford relief and does not constitute a grant of special privilege inconsistent with limitations on other premises served by the city;

C. The granting of the variance will not be materially detrimental to the public welfare or injurious to other premises or the city system; and

D. The authorization is not contrary to other law. (Ord. 04-645 § 1(17.3), 2004)

13.30.970 Saving provision.

If any provision of this code 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. 04-645 § 1(17.4), 2004)