Chapter 13.06
WATER UTILITY – GENERAL REGULATIONS1
Sections:
13.06.010 Definitions.
13.06.015 Scope and intent.
13.06.025 Water utility created.
13.06.027 Water system responsibility.
13.06.030 Water fund.
13.06.040 Authority to establish rates and charges.
13.06.050 Connection – Application.
13.06.065 Water service – Generally.
13.06.075 Water service – Effective date.
13.06.090 Connection – Permission required.
13.06.100 Connection – Procedures.
13.06.105 Additional services – Application.
13.06.110 Additional services – Connection without application – Penalties.
13.06.115 One service connection for several premises.
13.06.120 Service pipes – Specifications – Maintenance.
13.06.140 Abandoned services.
13.06.150 Required connections – Existing wells.
13.06.155 Repealed.
13.06.160 Charge in lieu of assessment –Method of computation.
13.06.165 Repealed.
13.06.170 Repealed.
13.06.190 Water turn on after shut off.
13.06.210 Service shut off.
13.06.220 Damage from water shut off – City nonliability.
13.06.225 Charges for returned checks.
13.06.230 Water for irrigation.
13.06.240 Water for construction and building purposes.
13.06.260 Service premises inspections.
13.06.270 Fire protection services.
13.06.275 Fire protection services – Permit required.
13.06.280 Service charges – Payment dates.
13.06.290 Service charges – Liability – Nonpayment action.
13.06.300 Service charges – Payment delinquency.
13.06.305 Accounts to be in name of owner or leaseholder.
13.06.315 Service charge proration.
13.06.320 Meter – Required.
13.06.330 Meter – Removal prohibited – Damage liability.
13.06.340 Meter – Testing.
13.06.350 Meter – Operation failure – Charge computation.
13.06.360 Rates – Generally.
13.06.395 Repealed.
13.06.400 Use or interference with city’s equipment.
13.06.415 Water use from fire hydrants – Use permit application – Charges.
13.06.425 Repealed.
13.06.430 Repealed.
13.06.440 Repealed.
13.06.450 Repealed.
13.06.460 Wetting people on sidewalks prohibited.
13.06.490 Violation of code – Penalty.
13.06.510 Fire flow water meter – Exemption from charges.
13.06.511 Fees, service charges, fines, penalties and damage.
13.06.010 Definitions.
As used in this chapter:
A. “Base rate” means the monthly charge for service from the water utility to recover costs incurred by the water utility such as administrative, meter reading, billing, collection, and fire standby service. Base rate does not include charges for water consumption quantity as registered through the required meter.
B. “Charge in lieu of assessment” means a charge made by the city on property which has not previously participated in the cost of a public water main directly serving the property.
C. “City of Auburn design and construction standards” means the requirements adopted under Chapter 12.04 ACC for storm drainage, sanitary sewer, street, and water design and construction.
D. “City services” means a customer class of water services serving the city of Auburn buildings and facilities.
E. “Commercial services” means a customer class of water services serving commercial retail, office facilities, and certain manufacturing/industrial businesses not meeting the requirements of the manufacturing/industrial service class of customers.
F. “Customer class” means groups of water service customers who have common characteristics for water use and are grouped for purposes of service and charges.
G. “Deduct Meter.” Refer to ACC 13.20.010 for definition.
H. “DOH” is the abbreviation for the Washington State Department of Health, which is the state agency that has been granted authority through formal agreement with the Environmental Protection Agency to enforce the requirements of the federal Safe Drinking Water Act within the state of Washington.
I. “Equivalent Residential Unit (ERU).” Refer to ACC 13.41.030 for definition.
J. “Irrigation meter” means an approved city water meter connected to a public water service to determine the amount of water being used for landscape watering.
K. “Irrigation services” means a customer class of water services for the exclusive purpose of outdoor irrigation systems.
L. “Manufacturing/industrial services” means a customer class of water services to businesses identified by the city as being engaged in the manufacture of products, materials, equipment, machinery and supplies with a meter size of two inches or larger and a monthly annual average water consumption equal to or greater than 30,000 cubic feet.
M. “Multifamily residential services” means a customer class of water services to triplexes, apartment buildings, condominiums, mobile or manufactured home parks, and trailer courts.
N. “Owner/operator” means the owner and/or the person or persons owning or operating the premises served by a water service connection.
O. “Premises” means a private home, building, apartment house, condominium, trailer court, mobile or manufactured home park, a group of adjacent buildings or property utilized under one owner/operator with respect to use of water and responsibility for payment therefor.
P. “Purity test” or “coliform/purity test” means collection and analysis of a water sample for presence of coliform bacteria.
Q. “Quantity charge” means charges for the water quantity used by a water utility customer during a billing period as recorded by a water meter to recover costs of the water utility.
R. “School services” means a customer class of water services to public and private schools and colleges.
S. “Single-family residential services” means water services to individual single-family residences or to duplex units with one water meter or individual meters for each residential unit.
T. “UPC” means the Uniform Plumbing Code, including amendments, as adopted by the city.
U. “Utility” means the city of Auburn water utility or water division.
V. “Water service” means any connection to the city water system and shall be further defined by customer class.
W. “Wholesale services” means water service to other municipal water utilities or public water districts. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.015 Scope and intent.
This code is enacted under the police power of the city of Auburn to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed to accomplish this purpose.
It is the specific intent of this code to place the obligation of compliance upon the owner/operator. Nothing contained in this code is intended to be or shall be construed to create or form the basis for liability on the part of the city of Auburn, its water utility, officers, employees or agents for any injury or damage resulting from the failure of the owner or operator of any private system to comply with the provisions of this code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code by the city of Auburn, its utility, officers, employees or agents. The city council may establish water rate relief measures for specific customer classes as authorized by state law. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.025 Water utility created.
There is created for and as a part of the government of the city a division of the public works department to be known and designated as the water utility or water division. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.027 Water system responsibility.
The city shall be responsible for the maintenance and operation of the public water system within public rights-of-way and easements up to and including water service meters. The responsibility for the maintenance and operation of the non-public water supply system within private property shall be the property owner’s. (Ord. 5849 § 1, 2004.)
13.06.030 Water fund.
There is created, in the treasury of the city, a fund to be known and designated as the “water fund.” All moneys due the city for water service of any kind or as penalties for violation of the provisions of this chapter or of any other ordinance of the city relating to the municipally owned water system of the city shall be paid to the finance director, who shall ensure receipt and deposit into the water fund. The water fund shall not be commingled with any other fund or funds of the city and shall be disbursed only upon checks drawn by the order of the city council against the fund. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.040 Authority to establish rates and charges.
A. The city shall establish by ordinance rate classifications, service charges, inspection and permit fees, application and connection fees, and such other fees and charges necessary and sufficient in the opinion of the city council to pay for the following:
1. The costs associated with the development, adoption and implementation of a comprehensive water system master plan;
2. The costs, including debt service and related financing expenses, of the construction and reconstruction of water facilities necessary and required for the acquisition, treatment and distribution of water that benefit the service area but not presently in existence;
3. The operation, repair, maintenance, improvement, replacement and reconstruction of water utility facilities that benefit the service area which presently exists;
4. The costs of monitoring, inspection, enforcement, and administration of the utility including, but not limited to, water sampling, cross connection control, facilities security, construction inspection, and other activities which are reasonably required for the proper and adequate implementation of the city’s water policies.
B. The fees and charges to be paid and collected pursuant hereto shall not be used for general or other governmental or proprietary purposes of the city except to pay for the equitable share of the costs of accounting, management, and government thereof incurred on behalf of the utility. (Ord. 5849 § 1, 2004.)
13.06.050 Connection – Application.
Any person desiring to obtain city water service shall submit an application for a utility permit to the city. Permit applications must be completed by the applicant and submitted to the city for review, approval and determination of fees. All permits issued under the provisions of this chapter shall be valid for a period of 180 days after the date of application approval. Permits may be extended one time by the city, for a period of 60 days, if an extension is applied for prior to the expiration of the time originally limited in the permit. If the time extension is not requested prior to the expiration of the time originally limited in the permit, an additional fee equal to one-half the original permit shall be charged if a time extension is granted.
Once the permit application has been approved by the city, the applicant may obtain their permit by paying the appropriate permit fees to the city. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.065 Water service – Generally.
The city council shall establish rates and charges to be paid by a customer receiving water service from the water utility of the city. The total cost of fees and charges shall be charged to and paid by the owner of the premises receiving the water service. The city reserves the right to temporarily discontinue the service at any time without notice to the customer. As a condition of service, the owner/operator is subject to all provisions of this chapter and of any ordinance of the city relating to the subject, hereafter passed, and shall provide that the city shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances on the premises supplied with water, installed by the owner/operator of the premises, and that the fact that the agents of the city have inspected the plumbing and appliances shall not be pleaded as a basis of recovery in case of damage to premises from defective plumbing or appliances installed by the owner/operator of such premises, and shall provide that in case the supply of water is interrupted or fails by reason of accident or any other cause whatsoever, the city shall not be liable for damages for such interruption or failure, nor shall such failures or interruptions for any reasonable period of time be held to constitute a breach of this chapter on the part of the city or in any way relieve the customer from performing the obligations of this chapter. A copy of this chapter may be obtained by all owners of property and customers of the water utility, and shall be considered a part of the conditions of service. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.075 Water service – Effective date.
Water service charges shall start from the day the premises are connected with the city’s water service meter. The water will be turned on at the time the water meter is installed. At the time water is turned on, service charges for sanitary sewer and storm drainage shall also begin as applicable. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.090 Connection – Permission required.
It is unlawful for any person to make connections with any water facility belonging to the water utility without first obtaining an approved utility permit for service. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.100 Connection – Procedures.
Connections to the public water system shall be made in accordance with city of Auburn design and construction standards. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.105 Additional services – Application.
It is unlawful for any person whose premises are supplied with water to furnish water to additional premises unless they first make and have an approved application in writing and in the same manner as any other original application for the installation of water service. (Ord. 5849 § 1, 2004.)
13.06.110 Additional services – Connection without application – Penalties.
When additional premises are connected without the application prescribed in ACC 13.06.105 the service shall be shut off by the city. A fine as described in ACC 13.06.511 shall be imposed for unauthorized water hook up in addition to the service shut off. In case water is turned off as provided in this section, the same shall not be turned on again until all water fees and charges against such premises have been paid in full. (Ord. 5849 § 1, 2004.)
13.06.115 One service connection for several premises.
When several buildings or premises are supplied or are planned to be supplied with water through one metered service connection with the city main, the city may, in their discretion, decline to furnish water until separate metered services are provided. In case any one of the owners or occupants becomes delinquent or violates any of the provisions of this chapter, the city may shut off the original or main service until all delinquent and unpaid charges are paid. The premises supplied by the main service shall be held responsible for all delinquent and unpaid charges against any one or all of the separate owners or users. No change of ownership or occupation shall affect the application of this section. (Ord. 5849 § 1, 2004.)
13.06.120 Service pipes – Specifications – Maintenance.
All persons connecting to city services or laying their own private pipe shall be required to use UPC approved pipe or pipe approved by the building official having jurisdiction. The city will maintain services from city mains in streets which are being graded or regraded, or where water mains are being changed, and will have such access on private property as shall be necessary to maintain such services during the work, and shall, as soon as practicable, upon the completion of such work, reconnect the pipes in the street to the owner maintained service pipes. Except for above cause, owners shall maintain their private pipes from the end of the city service to and into their property, or in case the city finds it necessary to maintain the same, the owner shall be billed for the actual cost incurred in maintaining the private pipes. (Ord. 5849 § 1, 2004; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.140 Abandoned services.
When new buildings are to be erected on the site of existing buildings and it is desired to increase the size or change the location of the existing service connection, or where a service connection to any premises is abandoned or no longer used for a period of five years, the city may cut out or remove such service connection, after which, should a service connection be required to the premises, a new service shall be placed only upon the owner’s making an application and paying for a new connection in the regular manner, regardless if the service was disconnected or not. When service connection of any premises on an unpaved street does not exceed one inch in size and the same does not come from the main in front of the premises, the city shall, when a main is laid in front of the premises, after notifying the owner or tenant thereof, transfer the service connection to the new main without charge for such portion as is on public property, and at the same time cut out the old service connection. When a new main is laid in any street, owners of premises on the street, or within one-half block on side streets, who are being supplied with city water from a private main or a connection to a private service shall make application for service and shall connect up with a separate service connection to the main in front of premises. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.150 Required connections – Existing wells.
A. The owner of lands located in the city who makes application for a short plat or preliminary plat that requires water availability from the city shall extend, at the owner’s cost, the municipal water system to serve the development, provided the city permits such extension.
B. The owner of lands located in the city and within 200 feet of a municipal water line, undertaking new nonresidential construction, shall connect to the municipal water system when the city permits such construction.
C. The owner of lands located in the city on which a private well or wells are located, and who applies to connect to a municipal water system, shall work with the city to seek authorization from the Washington State Department of Ecology to transfer any water rights associated with the well or wells from the owner to the water service provider, or to the city if the provider does not accept the water rights. The owner of permitted water rights may seek compensation from the transferee under mutually agreed upon terms. Any such compensation paid by the city shall be based upon the value of the water, as determined by the city, made available to the city under such a transfer. Regardless of whether the Department of Ecology allows such a transfer of water rights, the well or wells shall be decommissioned in accordance with Washington State Department of Ecology requirements prior to connection to a municipal water system.
D. The owner of lands located within Auburn’s water service area that apply to connect to the Auburn water system shall sign a service agreement prohibiting the installation of an irrigation well or wells on their lands for which service is provided.
E. The applicability of subsection C of this section to lands designated as proposed special planning areas shall be reviewed by the city engineer on a case-by-case basis. After review the city engineer may exempt the proposed special planning area from the requirements of subsection C of this section. (Ord. 5974 § 1, 2006.)
13.06.155 Additional services – Application.
Repealed by Ord. 5849. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.160 Charge in lieu of assessment –Method of computation.
Property that has not previously paid for water lines abutting their property may be connected to the abutting water line; provided, that all such property shall pay a charge in lieu of assessment. The city will determine the charge in lieu of assessment amount based on the property’s proportional share of the calculated cost for the water line. (Ord. 5849 § 1, 2004.)
13.06.165 Additional services – Connection without application – Penalties.
Repealed by Ord. 5849. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.170 One service connection for several premises.
Repealed by Ord. 5849. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.190 Water turn on after shut off.
When water has been shut off for nonpayment or any cause and is turned on again or allowed or caused to be turned on without city approval, the city may then shut off and lock the water meter. No remission of rates will be made on account of its having been shut off. If the service is turned on after lock out by owner/operator, the city may remove a portion of the water service connection, the meter or the service line in the street. Charges as listed in ACC 13.06.511 shall be applied to the meter account for meter removal or actual cost of cutting out and reinstalling the water service connection. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.210 Service shut off.
It is unlawful for any owner/operator of any premises, including multifamily residential properties and complexes, connected to the city’s water supply system to shut off the water to the premises or any part thereof unless the owner first makes a request to the city that the service of water to the premises or any part thereof be shut off, and if the premises are multifamily residential properties or complexes, it is also unlawful for any owner/operator of any such premises to shut off the water to the premises unless the owner/operator notifies the residents/tenants thereof not less than three business days in advance of the time that the owner/operator requests that the service of water to the premises or any part thereof be shut off. When the water service has been shut off from any premises or any part thereof upon application of the owner/operator thereof, or for nonpayment of water charges, or for any other cause, it is unlawful for any person to turn on the city water to such premises except when authorized to do so by the city. (Ord. 6084 § 2, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.220 Damage from water shut off – City nonliability.
The city reserves the right at any time to shut off the water supply without notice for emergency repairs and with notice to shut off the water supply for nonemergency repairs, extensions, nonpayment of fees and charges and payment of city utility bills with insufficient funds checks; and the city shall not be responsible for any damage such as the bursting of boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppages or interruption of water supply, or any other damage resulting from the shutting off of water. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.225 Charges for returned checks.
The city shall impose a charge as listed in ACC 13.06.511 for payment of city utility bills with checks that are returned as unpayable for any reason. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.230 Water for irrigation.
Irrigation water, for use by non-single-family residential customers, shall be provided through an irrigation meter installed in accordance with the city of Auburn design and construction standards. Irrigation water shall be billed at the irrigation only rate identified in ACC 13.06.360. Deduct meters, as defined in Chapter 13.20 ACC, shall not be used to supply water for irrigation. (Ord. 5849 § 1, 2004.)
13.06.240 Water for construction and building purposes.
Water for construction purposes shall be secured in accordance with city policies and guidelines and will be charged for at the rate for commercial service. All water for building and construction purposes shall be charged against the property and the owner thereof, and all delinquent and unpaid charges therefor shall become a lien upon the premises supplied and be collected in the same manner as other delinquent and unpaid charges for water. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.260 Service premises inspections.
Employees or agents of the city shall have access to all parts of buildings for inspection, in keeping with Chapter 1.20 ACC, where water may be delivered from the city mains. The purpose of the inspection is to discover leaky pipes, fixtures, cross connections or other conditions causing waste, contamination or unauthorized use of city water, and to serve or cause to be served upon the occupants or owner of any buildings or premises in or on which leaky pipes, fixtures or other conditions causing or permitting the contamination, waste or illegal use of city water are found to exist, a written or printed notice, specifying the faulty pipes, fixtures or other conditions found. The notice shall require that such faulty pipes, fixtures, cross connections or other conditions be properly repaired, corrected or eliminated within the period of seven days from and after the service of such notice.
No owner/operator having charge of any building or premises shall refuse or prevent the access and inspection to any such building or premises as provided for in ACC 1.20.010. For any violation of this rule a refusal of access fee as provided for in ACC 13.06.511 may be charged against the building water meter account.
If the leaky or faulty pipes or fixtures or other conditions, mentioned in the written or printed notice served as specified, are not properly repaired or corrected within the period of seven days from the date of service of such written or printed notice, then the water shall be turned off and so remain until such repairs are made or conditions corrected, and all fees and charges assessed as listed in ACC 13.06.511 and Chapter 1.25 ACC and the city of Auburn fee schedule are paid. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.270 Fire protection services.
Services for fire protection are required to be installed with the proper backflow assembly device with a metered bypass. It shall be mandatory for the installation to be made with an approved water flow alarm, as approved by the city and the chief of the fire department, or their delegate, on each such service installation. A water flow alarm is not required for residential fire sprinkler systems, such as flow through or combination type, when the residential service is metered and the system is approved by the fire chief or their designee and the city. It is unlawful for any person to make connection to any unmetered pipe used for fire service purposes, or any tank connected therewith, nor shall the use of any water be permitted through any fire service nor through any pipes, tanks or other fixtures therewith connected for any purpose except the extinguishing of fire on the premises or with prior test notice to the city for fire drill, testing sprinkler systems or fire service mains, except for approved residential flow through systems or combination type systems that are metered. Upon inspection by the city, if any service is found to be in violation of above stipulation the owner or operator may be fined as listed in ACC 13.06.511 in addition to any penalties that may be incurred for violations of Chapter 1.25 ACC by the person or persons making such unlawful connection or use. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.275 Fire protection services – Permit required.
It is unlawful for any person to install a fire protection service line without first obtaining a permit to do so from the city. The water utility fee for said permit is listed in the city of Auburn fee schedule, and shall be paid to the city prior to the issuance of the permit. In addition, a fee as listed in the city of Auburn fee schedule will be charged to cover the cost of coliform/purity testing for new services greater than 100 feet in length. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.280 Service charges – Payment dates.
A. Payment for water service charges shall be due and payable to the finance department office 15 days after the billing date appearing on the bill.
B. Water will be billed according to the rates in effect at time of service for those properties inside the city limits, and increased rates may be in effect for customers served outside the city limits. (Ord. 6098 § 1, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.290 Service charges – Liability – Nonpayment action.
All water rates will be charged against the premises for which the service was installed. All charges for water, when the same become delinquent and unpaid, shall be a lien against the premises to which the same has been furnished. When any charges for water become delinquent against any premises, the water shall be shut off until such charges are paid. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.300 Service charges – Payment delinquency.
A. Twenty days after billing date a late fee will be added to the billing as listed in ACC 13.06.511. Twenty days after late fees have been assessed, accounts with outstanding balances will have a doorhanger delivered to property. Three days after the notices are delivered, accounts with outstanding balances will be turned off. Service shall not be restored until full payment of the delinquent amount together with fees, charges, fines or penalties pursuant to ACC 13.06.511 is received. If delinquency payment is not made by 2:00 p.m., water service may not be turned on until the next normal working day.
B. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges when due. It is the responsibility of the property owner to provide notification of changes in ownership of property and change in mailing addresses must be provided to the city. (Ord. 6098 § 2, 2007; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.305 Accounts to be in name of owner or leaseholder.
All water service accounts shall be kept only in the name of the owner of the premises for which the service was installed. The property owner may request to have water bills mailed to a tenant, lessee, or agent, but this shall not relieve the property owner from liability for water charges incurred. A current tenant release form must be on file with the city for a property owner to have water bills mailed to a tenant, lessee, or agent. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.315 Service charge proration.
Upon request from a customer to suspend service to a premises, or for change of customers at a premises, the service billing will be prorated on a daily basis from the end of the last billing period to the date the service is turned off or transferred. If the service is suspended, a convenience charge as listed in ACC 13.06.511 will be added to the billing for turning off the service. Upon renewal of service, or beginning of service which has been transferred, the service billing will be prorated from the date the service is transferred or turned on to the beginning of the next billing period on a daily basis. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.320 Meter – Required.
A water meter shall be placed on every service to measure the quantity of water used by a customer. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.330 Meter – Removal prohibited – Damage liability.
All meters shall be and remain the property of the city and will not be removed except by the city. In all cases where meters are lost, damaged or broken by carelessness, negligence or willful actions of owners/operators of premises, they shall be replaced or repaired by or under the direction of the city. The actual cost of repairs or replacement of meters will be charged against the owners/operators. In case of nonpayment of fees, fines, charges or penalties, the water shall be shut off and will not be turned on until all charges are paid. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.340 Meter – Testing.
Any owner/operator who requests a water meter accuracy test may make application to the city to have their meter tested. The city shall test, repair or replace the meter to ensure that the meter functions properly. If the test shows that the meter was over-registering, the city shall refund to the owner/operator any owed amount. If the test shows that the meter was under-registering, the city shall bill the owner/operator for any due amount. The refund or due amount shall be based on the city’s analysis of the property’s past billing records. If additional water meter accuracy tests are requested by the owner/operator within a 12-month period, a deposit of the amount listed in the city of Auburn fee schedule shall apply. The city shall test, repair or replace such meter to ensure that the meter functions properly. If the test shows that the meter was over-registering, the deposit shall be returned by the city to the owner/operator along with a refund for any overbilling that the city can establish has occurred. If the test shows that the meter was properly functioning or under-registering, then the deposit shall be at once transferred into the water fund of the city. (Ord. 6034 § 1, 2006; Ord. 5849 § 1, 2004; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.350 Meter – Operation failure – Charge computation.
In the event of a meter being out of order and failing to register properly, the consumer shall be back charged or refunded the difference between the billing volume they were charged for and the average volume of monthly consumption as shown by the meter when the meter was in proper working order as determined by the city. The maximum period of billing adjustment is three years. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.360 Rates – Generally.
Effective as of February 1, 2010, the monthly rates for water supplied by meter shall be as follows:
|
Customer Class |
Base Rate |
Charge per 100 |
|
|
Single-family residential |
$9.71 |
$1.93 |
0 – 7 ccf |
|
|
|
$2.36 |
7.01 – 15 ccf |
|
|
|
$2.67 |
> 15 ccf |
|
Multifamily residential |
$28.94 |
$2.02 |
|
|
Commercial |
$28.94 |
$2.30 |
|
|
Manufacturing/ industrial |
$28.94 |
$1.87 |
|
|
Schools |
$28.94 |
$2.18 |
|
|
City accounts |
$28.94 |
$2.67 |
|
|
Irrigation only |
$9.77 |
$2.67 |
|
|
Wholesale |
|
|
|
|
Algona |
$45.74 |
$1.49 |
|
|
WD #111 and Covington |
$175.00 |
$0.91 |
1.5 mgd “take or pay” |
|
|
|
$1.16 |
summer over 1.5 mgd |
|
|
|
$0.91 |
winter over 1.5 mgd |
Effective as of January 1, 2011, the monthly rates for water supplied by meter shall be as follows:
|
Customer Class |
Base Rate |
Charge per 100 |
|
|
Single-family residential |
$10.38 |
$2.06 |
0 – 7 ccf |
|
|
|
$2.52 |
7.01 – 15 ccf |
|
|
|
$2.86 |
>15 ccf |
|
Multifamily residential |
$30.94 |
$2.16 |
|
|
Commercial |
$30.94 |
$2.46 |
|
|
Manufacturing/industrial |
$30.94 |
$2.00 |
|
|
Schools |
$30.94 |
$2.33 |
|
|
City accounts |
$30.94 |
$2.86 |
|
|
Irrigation only |
$10.44 |
$2.86 |
|
|
Wholesale |
|
|
|
|
Algona |
$48.89 |
$1.60 |
|
|
WD #111 and Covington |
$175.00 |
2010 Rate X CPI 1.5 mgd “take or pay” |
|
|
|
|
2010 Rate X CPI + $0.25 summer over 1.5 mgd |
|
|
|
|
2010 Rate X CPI winter over 1.5 mgd |
|
Effective as of January 1, 2012, the monthly rates for water supplied by meter shall be as follows:
|
Customer Class |
Base Rate |
Charge per 100 |
|
|
Single-family residential |
$11.09 |
$2.20 |
0 – 7 ccf |
|
|
|
$2.70 |
7.01 – 15 ccf |
|
|
|
$3.06 |
>15 ccf |
|
Multifamily residential |
$33.07 |
$2.31 |
|
|
Commercial |
$33.07 |
$2.63 |
|
|
Manufacturing/industrial |
$33.07 |
$2.13 |
|
|
Schools |
$33.07 |
$2.49 |
|
|
City accounts |
$33.07 |
$3.06 |
|
|
Irrigation only |
$11.16 |
$3.06 |
|
|
Wholesale |
|
|
|
|
Algona |
$52.27 |
$1.71 |
|
|
WD #111 and Covington |
$175.00 |
2011 Rate X CPI 1.5 mgd “take or pay” |
|
|
|
|
2011 Rate X CPI + $0.25 summer over 1.5 mgd |
|
|
|
|
2011 Rate X CPI winter over 1.5 mgd |
|
Effective as of January 1, 2013, the monthly rates for water supplied by meter shall be as follows:
|
Customer Class |
Base Rate |
Charge per 100 |
|
|
Single-family residential |
$11.86 |
$2.35 |
0 – 7 ccf |
|
|
|
$2.88 |
7.01 – 15 ccf |
|
|
|
$3.27 |
>15 ccf |
|
Multifamily residential |
$35.35 |
$2.47 |
|
|
Commercial |
$35.35 |
$2.81 |
|
|
Manufacturing/industrial |
$35.35 |
$2.28 |
|
|
Schools |
$35.35 |
$2.66 |
|
|
City accounts |
$35.35 |
$3.27 |
|
|
Irrigation only |
$11.93 |
$3.27 |
|
|
Wholesale |
|
|
|
|
Algona |
$55.87 |
$1.82 |
|
|
WD #111 and Covington |
$175.00 |
2012 Rate X CPI 1.5 mgd “take or pay” |
|
|
|
|
2012 Rate X CPI + $0.25 summer over 1.5 mgd |
|
|
|
|
2012 Rate X CPI winter over 1.5 mgd |
|
Effective as of January 1, 2014, the monthly rates for water supplied by meter shall be as follows:
|
Customer Class |
Base Rate |
Charge per 100 |
|
|
Single-family residential |
$12.68 |
$2.52 |
0 – 7 ccf |
|
|
|
$3.08 |
7.01 – 15 ccf |
|
|
|
$3.49 |
>15 ccf |
|
Multifamily residential |
$37.79 |
$2.64 |
|
|
Commercial |
$37.79 |
$3.00 |
|
|
Manufacturing/industrial |
$37.79 |
$2.44 |
|
|
Schools |
$37.79 |
$2.85 |
|
|
City accounts |
$37.79 |
$3.49 |
|
|
Irrigation only |
$12.75 |
$3.49 |
|
|
Wholesale |
|
|
|
|
Algona |
$59.73 |
$1.95 |
|
|
WD #111 and Covington |
$175.00 |
2013 Rate X CPI 1.5 mgd “take or pay” |
|
|
|
|
2013 Rate X CPI + $0.25 summer over 1.5 mgd |
|
|
|
|
2013 Rate X CPI winter over 1.5 mgd |
|
Provided, however, that 50 percent shall be added to all rates for water service outside the city limits. City of Auburn utility taxes are included in the monthly rate for all customers except wholesale accounts. Wholesale rates exclude the 50 percent out of city service charge and state excise taxes. (Ord. 6286 § 1, 2010; Ord. 6204 § 1, 2008; Ord. 5898 § 2, 2005; Ord. 5876 § 2, 2004; Ord. 5849 § 1, 2004; Ord. 5789 § 2, 2003; Ord. 5712 § 2, 2002; Ord. 5669 § 2, 2002; Ord. 5664 § 2, 2002; Ord. 5618 § 2, 2002; Ord. 5291 § 2, 1999; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.395 Inordinate fire service charges.
Repealed by Ord. 5849. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.400 Use or interference with city’s equipment.
It is unlawful for any person, except when duly authorized by the fire chief, their designee or an authorized city employee, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stopcock belonging to the city.
If any person other than an employee or agent of the city turns the water on or off at the city’s stopcock for any reason whatever, the city shall cause the water to be shut off. The water will not be turned on again until all the delinquent charges against the property have been paid and until there has been paid an additional charge as described in ACC 13.06.511 for turning on or off such water service. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.415 Water use from fire hydrants – Use permit application – Charges.
Any person, other than authorized city employees, requiring the use of water from any city hydrant shall obtain authorization in the form of a hydrant meter use permit. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.425 Water use from fire hydrants – Permittee’s responsibilities.
Repealed by Ord. 5849. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.430 Fire hydrant – Unlawful acts.
Repealed by Ord. 5849. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.440 Water system equipment or facilities damage prohibited.
Repealed by Ord. 5849. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.450 Reservoir pollution prohibited – Littering supply system grounds.
Repealed by Ord. 5849. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.460 Wetting people on sidewalks prohibited.
It is unlawful for any person to willfully place any automatic or manual sprinkling device or willfully to place or hold any hose in such position or manner that water therefrom falls on any person while on any public street or sidewalk. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.490 Violation of code – Penalty.
Except as otherwise provided herein, any violation of the provisions of this chapter may be enforced pursuant to the provisions of Chapter 1.25 ACC; provided, that the unlawful use or misappropriation of water or other services or materials shall constitute theft as provided in ACC Title 9, and is punishable accordingly. It is further provided that any enforcement under ACC Title 9 or Chapter 1.25 ACC shall be in addition to applicable utility rate, fees and/or charges. (Ord. 5889 § 1, 2005; Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.510 Fire flow water meter – Exemption from charges.
Where a fire flow water meter exists, no charge will be made for water used in extinguishing a fire or fire flow testing if the customer gives written notice to the city within 10 days from the time of such usage. Otherwise, all water may be billed at the rate provided in ACC 13.06.360. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
13.06.511 Fees, service charges, fines, penalties and damage.
A. Service Charge. Hydrant meter assembly deposits and fees for fire protection service line permits, hydrant permits, purity tests, and meter tests shall be as shown in the city of Auburn fee schedule.
|
Service |
Charge |
|
|
Convenience shut off |
$25.00 |
|
|
Delinquent shut off |
$25.00 |
|
|
Late charge |
1% per month of outstanding bill or $15.00 minimum, whichever is greater |
|
|
Unauthorized turn on/off |
$60.00 |
|
|
Delinquent meter pull |
$65.00 |
|
|
Unauthorized fire line or water hook up |
$100.00 a day |
|
|
Returned checks each |
$20.00 |
|
|
Refusal of access per day |
$30.00 |
|
|
Closing final read |
$30.00 |
|
|
New account setup |
$25.00 |
|
|
Bill tenant |
$25.00 |
|
|
After-hours water turn on/off |
$30.00 |
|
|
Escrow estimates |
$25.00 |
|
B. Service Installation Fees. Water service installation fees shall be as shown in the city of Auburn fee schedule as adopted by Ordinance 5707, and any amendments thereto.
C. Damage to City Appurtenances. Damage to city appurtenances will be billed to the account at actual cost to repair or replace, including labor, material, administrative, overhead and other associated costs.
The finance director is authorized to waive enforcement of the above fees, fines, charges and penalties in extenuating circumstances.
D. Hydrant Meter Assessments. Use of water from a city hydrant requires a city permit. Type A permits allow withdrawal of water from dedicated hydrants. Type B permits allow withdrawal of water from nondedicated hydrants by customers using a city supplied hydrant meter with RPBA assembly.
In addition to any other penalties, fees or costs enforceable for any of the below-listed violations, the following assessments shall be imposed:
|
Permit Type |
Violation |
Penalty |
|
A |
Hydrant meter wrench loss or damage |
$30.00 |
|
B |
Hydrant meter with RPBA assembly loss or damage |
$1,385.00 maximum penalty |
|
A |
Failure to record “Start” read properly |
$250.00 maximum penalty, per day, location, violator and incident |
|
A |
Failure to record “Finish” read properly |
$250.00 maximum penalty, per day, location, violator and incident |
|
A |
Failure to submit monthly water consumption report to the city |
$10.00 per calendar day |
|
A and B |
Nonpayment of bill within 10 calendar days of reminder notice |
$10.00 per calendar day |
|
B |
Nonreturn of hydrant meter with RPBA assembly after request for return |
$10.00 per calendar day |
|
A and B |
Using a hydrant without hydrant operator training documentation on hand |
$50.00 per day, location, violator and incident |
|
A and B |
Using a hydrant without operator training documentation |
$250.00 maximum penalty, per day, location, violator and incident |
|
A and B |
Using a hydrant without permit documentation on hand |
$50.00 per day, location, violator and incident |
|
A and B |
Using a hydrant without permit documentation |
$250.00 maximum penalty, per day, location, violator and incident |
|
B |
Loaning out a hydrant meter with RPBA assembly to an unauthorized party |
$250.00 maximum penalty, per day, location, violator and incident |
|
A and B |
Using a tool other than the city supplied hydrant wrench to operate a hydrant |
$50.00 per day, location, violator and incident |
|
A and B |
Damage to hydrant or infrastructure |
Complete reimbursement to the city for repair or replacement |
|
A and B |
Nonresponse to revocation of permit or trained hydrant operator certificate |
$10.00 per calendar day |
|
A and B |
Disassembly or tampering of hydrant, hydrant meter assembly or hydrant meter with RPBA assembly |
$250.00 maximum penalty, per day, location, violator and incident |
(Ord. 6236 § 1, 2009; Ord. 6098 § 3, 2007; Ord. 5889 § 2, 2005; Ord. 5849 § 1, 2004; Ord. 5819 § 1, 2004; Ord. 5216 § 1, 1999.)
For statutory provisions authorizing cities to operate waterworks, see RCW 35.92.010; for provisions authorizing cities to charge for connection to the city water system, see RCW 35.92.025; for provisions making Ch. 35.92 RCW applicable to code cities, see RCW 35A.80.010.