Chapter 18.06
BOTHELL WATER

Sections:

18.06.010    Title – Codification.

18.06.020    Intent.

18.06.030    Authority.

18.06.040    Permits required.

18.06.050    Administration.

18.06.060    Director – Duties.

18.06.070    Director – Authority.

18.06.080    Application for service.

18.06.090    Pressure reducer valves.

18.06.100    Connections linking private supply with city water system forbidden.

18.06.110    Defective equipment on user’s premises.

18.06.120    Suspension of service for repairs.

18.06.130    Flushing and flow testing of lines.

18.06.140    Water shortage – Preferential service.

18.06.150    City/user responsibility.

18.06.160    Inspection – Powers and authority.

18.06.170    Additions, betterments, extensions – Compliance with water comprehensive plan.

18.06.180    Additions, betterments, extensions – Financing.

18.06.190    Additions, betterments, extensions – Procedure.

18.06.200    Additions, betterments, extensions – Construction.

18.06.210    Additions, betterments, extensions – Maintenance.

18.06.220    Repealed.

18.06.230    Additions, betterments, extensions – Oversizing.

18.06.240    Rates – Determination criteria.

18.06.250    Rates – All users within city limits.

18.06.255    Low-income senior citizen discount.

18.06.270    Rates – All users outside city limits.

18.06.290    Service to municipal departments and facilities.

18.06.300    Service to construction sites.

18.06.310    Rate computation – Rounding off.

18.06.320    Rates – Application.

18.06.330    Billing – Payment.

18.06.331    Combined utility billing.

18.06.340    Liens.

18.06.350    Rates, charges and classifications.

18.06.360    Water main connection charge.

18.06.370    Water system facility charges.

18.06.380    Property to be provided service.

18.06.390    Meter – Installation.

18.06.400    Meter – Allocation.

18.06.410    Meter – Location.

18.06.420    Meter – City nonliability.

18.06.430    Meter – Reading.

18.06.440    Meter – Removal and reinstallation.

18.06.450    Meter – Turning on and off.

18.06.460    Temporary meter disconnect – Charges.

18.06.470    Restoration of water service.

18.06.480    Meter – Test for malfunction.

18.06.490    Meter – Damage, tampering.

18.06.500    Unauthorized use or interference with waterlines prohibited.

18.06.510    Stop work order.

18.06.520    Utility tax.

18.06.010 Title – Codification.

This code shall be referred to as the Bothell water code and shall be codified as Chapter 18.06 BMC. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.020 Intent.

This code is intended to establish rates and charges which shall be uniform for the same class of customer or service, to establish methods of development and construction, and to comply with the provisions of Chapter 35.92 RCW, Municipal Utilities. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.030 Authority.

This code constitutes an exercise of the police power of the city to promote the public health, safety and welfare and its provisions shall be liberally construed for the accomplishment of that purpose. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.040 Permits required.

No person shall make any additions, betterments, or extensions to the existing water system without first obtaining a permit to do so. The following permits apply to such work:

A.    Utility Permit. A utility permit shall be required whenever water system additions, betterments or extensions are made.

B.    Water Meter Permit. A water meter permit shall be required for installation of water meters. (Ord. 1634 § 1, 1996).

18.06.050 Administration.

The Bothell water utility is established. The officers and other employees shall consist of the public works director and such other personnel as the city council may from time to time deem necessary for the efficient administration of the department. (Ord. 1634 § 1, 1996).

18.06.060 Director – Duties.

The duties of the public works director shall be to oversee and superintend the operation and maintenance of the water system, the making of all repairs, the construction of all extensions, additions and all construction work whatsoever in connection with the present water system, and any new system that may be established. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.070 Director – Authority.

The public works director is vested with authority to promulgate reasonable rules and regulations respecting the conduct and operation of the water department and relations between the water department users. Should any question arise which is not expressly provided for in this code, the public works director shall have full authority to decide such questions, and such decisions shall be final. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.080 Application for service.

A.    The city shall not furnish water service to any premises unless an application has been made, in writing, on a form provided by the department of public works. The application shall be on file in the department of public works and contain the following information:

1.    Name of owner of premises to be served;

2.    Address of the premises to be served;

3.    Size of proposed service to the premises;

4.    Front footage of premises abutting water main, plus square footage of property;

5.    Complete legal description of property to be served.

B.    The right of any applicant to connect to the city’s water system and the public works director to so permit shall be limited by the provisions of Resolution No. 544, as amended by Resolution No. 1180 (2005) on December 19, 2005, regarding annexation to the city and any other official policy, whether or not embodied in a resolution or ordinance, which limits connection to city facilities for service outside the limits of the city. The filing of such application shall not bind the city to furnish water service, and the city expressly reserves the right to refuse service. Any person filing an application for water service agrees to be bound by all water service charges, rules and regulations of the city as are then in effect and as they may be thereafter adopted or amended. (Ord. 1954 § 2, 2005; Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.090 Pressure reducer valves.

It shall be the responsibility of the water user to install pressure reducer valves on such user’s service line if required. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.100 Connections linking private supply with city water system forbidden.

Connections of any nature, the effect of which might be the intermingling of a private water supply with the city’s water system, is forbidden. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.110 Defective equipment on user’s premises.

The city shall not be liable for loss or any damage of any nature whatsoever caused by any defect in the user’s service line, plumbing, or equipment and the city reserves the right to discontinue service when a defective condition of plumbing or equipment on the user’s premises is discovered or, in the judgment of the public works director, is likely to result in interference with proper service to other users of the system, or likely to cause contamination of the system. The city assumes no responsibility for inspecting a user’s line, plumbing or equipment, nor excessive consumption of water as a result thereof. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.120 Suspension of service for repairs.

The city reserves the right to suspend water service temporarily whenever it finds it necessary for the purpose of making repairs or improvements to the water system. In all such cases as much notice as the circumstances shall permit shall be given to users and repairs and improvements shall be carried on as rapidly as possible. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.130 Flushing and flow testing of lines.

Periodically the city must flush and/or flow test waterlines. These procedures shall be carried on as rapidly as possible and in all cases as much notice as the circumstances will permit shall be given to the users. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.140 Water shortage – Preferential service.

In any case of a shortage of water supply resulting in emergency conditions, in the judgment of the director of public works, the city reserves the right to grant preference in furnishing water service to specific customers which the city or its representatives, in their sole judgment, deem to be in the interests of the city from the standpoint of public convenience and necessity.

Upon declaration of a water supply emergency by the director of public works, no water shall be used for outdoor use except at times and under conditions as specified by the director of public works. In order to enforce the provisions of this section, the director is hereby authorized, where such customer is using water for outdoor uses in violation of the restrictions or prohibitions imposed pursuant to a declared water emergency, to enter upon the property of such customer, after first making reasonable efforts to contact the owner or person responsible for such premises, and shut off said irrigation system and prohibit or restrict future use of city water for outdoor uses during the declared water emergency. Such shut-offs shall not restrict water usage for essential nonprohibited uses. (Ord. 1634 § 1, 1996; Ord. 1334 § 1, 1989; Ord. 1031 § 1, 1982).

18.06.150 City/user responsibility.

The city shall not be liable for variation in pressure in the system, interruptions of flow or shortage or insufficiency of supply, or loss or damage occasioned thereby. The use of water upon the premises of the user shall be at the risk of the user, and the responsibility and the liability of the city shall cease at the point of delivery of water. (Unless otherwise specified in a separate contract, the point of delivery shall be the point at which the meter is installed to the property to be served. Where for owner convenience, in the case of multifamily or commercial premises, the meter or meters are installed on private property, the owner shall assume the risk and responsibility at the boundary of the public right-of-way unless the point of delivery is specified to be somewhere else under a separate contract. The same shall be the case of fire lines upon private property that are required to be installed by the owner to provide fire protection to the premises. The property owner shall not block accessibility to any utility structures or appurtenances. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.160 Inspection – Powers and authority.

Whenever necessary to make an inspection to enforce any of the provisions of this chapter, or whenever the public works director has reasonable cause to believe that there exists in any building or upon any premises any condition which makes the public water system unsafe, the public works director is authorized to enter such building or premises at all reasonable times to inspect the same or to perform any duty authorized by this chapter; provided, that if such building or premises is occupied, the public works director shall first present proper credentials and demand entry; and if such building or premises is unoccupied, the public works director shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry. If such entry is refused, the public works director shall have recourse to every remedy provided by law to secure entry.

If the owner or occupant denies entry, the public works director is authorized to obtain a proper inspection warrant or other remedy provided by law to secure entry. Owners, occupants or any other persons having charge, care or control of any building or premises shall, after proper request is made as herein provided, promptly permit entry therein by the public works director for the purpose of inspection and examination pursuant to this chapter. (Ord. 1634 § 1, 1996).

18.06.170 Additions, betterments, extensions – Compliance with water comprehensive plan.

Additions, betterments and extensions to the existing water system of the city shall be made in accordance with the water comprehensive plan and the Bothell Standards adopted by the city council. Any extension shall connect to the nearest or most feasible water line and shall be extended across the subject property or parcel as defined by the director of public works to be the most logical location for future connection. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.180 Additions, betterments, extensions – Financing.

The cost of making additions, betterments and extensions to the existing water system may be paid from such sources and by such means as the city council from time to time may direct, in accordance with the provisions of the laws of the state as the same now exist or as they may hereafter be amended. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.190 Additions, betterments, extensions – Procedure.

No additions, betterments or extensions to the water system shall be made unless complete plans have been drawn in accordance with the comprehensive water plan and the Bothell Standards and approved by the public works director, and a permit has been issued. The procedure includes:

A.    The proposed addition, betterment or extension shall be designed by a licensed professional engineer.

B.    The applicant must obtain a permit prior to the commencement of any work.

C.    The developer shall pay all costs and fees including, but not limited to, engineering review, inspection of construction, permit fees and legal costs. A deposit, including but not limited to estimated engineering, inspection and legal costs, shall be posted with the department of public works upon submittal of the construction drawings. Any cost differential between the estimated and the actual cost incurred shall be paid to the city upon demand. If the deposit is more than the actual cost incurred, the city shall refund any unused portion to the developer.

D.    A performance bond, in a form approved by the city attorney, and written by a surety authorized to do business in the state, shall be provided prior to the issuance of the permit.

E.    If any work is to be performed in the public right-of-way, an appropriate right-of-way invasion permit must be obtained and a surety bond and insurance must be provided to the city. The insurance type and amount shall be specified by the director of public works. The insurance shall name the city as an additional insured, shall be primary to any other insurance available to the city, and shall not be cancelable without 30 days’ prior written notice to the city. (Ord. 1634 § 1, 1996).

18.06.200 Additions, betterments, extensions – Construction.

All additions, betterments and extensions shall be designed and constructed to comply with Bothell Standards. The developer shall, before city acceptance of the construction, convey the same to the city, in a form satisfactory to the city. Such conveyance shall contain the owner’s warranty of good title and the right to convey the same free and clear of all claims or other encumbrances and a warranty that the facilities as constructed are of the type, character and construction per plans, functioning and operating as an integral part of the storm drainage system. In the event any portion of such construction is situated on private property, the developer shall be required to procure private easements, fully executed and acknowledged, in a form satisfactory to the city. (Ord. 1634 § 1, 1996).

18.06.210 Additions, betterments, extensions – Maintenance.

Prior to release of any construction bond or surety, the developer shall covenant to replace, repair or correct any defect in workmanship or materials in the conveyed facilities that shall occur or otherwise arise during a period of two years following date of acceptance by the city, and shall provide a bond to secure the covenant. The applicant shall further waive and release the city from any and all future claims for damages on behalf of himself and his successors in interest which may be suffered by reason of connection to the water system. The bond shall be in a form acceptable to the city attorney. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.220 Additions, betterments, extensions – Reimbursement contracts.

Repealed by Ord. 2199. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.230 Additions, betterments, extensions – Oversizing.

Water mains to be installed by developers shall be oversized at the request of the city if the water comprehensive plan calls for a larger main than is needed for service to the property being developed. The city shall enter into a reimbursement agreement to pay for the oversizing. The developer shall provide the city an itemized accounting of construction costs for the water main extension constructed, together with an estimated cost of pipe and other materials of the size which would serve the development. The developer shall also provide certification that all material and labor charges have been paid. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.240 Rates – Determination criteria.

In classifying customers served or water service furnished by the city, the city council may in its discretion consider any or all of the following factors: the difference in cost of service to various customers; the location of the various customers within and without the city; the difference of cost of maintenance, operation, repair and replacement of the various parts of the system; the different character of service furnished various customers, the quantity of water used by various customers; capital contributions made to the water system, including but not limited to assessment; and any other matters which constitute a reasonable ground for distinction. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.250 Rates – All users within city limits.

The following charges shall be made by the city for furnishing water service within the city limits:

A.    Single-Family Residence Rate Classification.

1.    Scope. The single-family residence classification includes all residential structures serviced by a single meter and designed and built for a family unit wherein are carried on the usual functions of living, sleeping and preparation of meals (“household”), and, except as provided for below, the rooms have not been altered to provide for the functions of more than one household and separate households are not maintained. It is the intent of this classification to include:

a.    A single-family residence which includes an accessory dwelling unit within the residential structure; and

b.    One common wall dwelling unit.

c.    Accessory structures with plumbing, common to single-family residential structures, including, but not limited to, garages, greenhouses, cabanas and workshops, shall not cause a change in classification to multifamily or commercial.

2.    Low-Income Discount. Qualified low-income elderly customers shall be entitled to a 25 percent discount as set forth in BMC 18.06.255.

3.    Base Bi-Monthly Meter Charge. The base (minimum) meter bi-monthly charges for all single-family residence user classifications within this section are as follows:

Meter Size (inches)

Bi-Monthly Charge

5/8, 3/4

$25.73

1

$53.21

1-1/2

$97.89

2

$152.20

4.    Use Charges. Water usage during the bi-monthly billing period within this section shall be charged as follows:

C.F. in Excess of:

Up to (including):

Charge per 100 C.F.

0

1,000

$2.53

1,001

2,000

$3.71

2,001

3,000

$4.79

3,001

5,000

$6.09

5,001

 

$6.96

B.    Commercial, Business and Industrial Rate Classification.

1.    Scope. The commercial, business and industrial rate classification covers all commercial, business and industrial water accounts, whether for profit or nonprofit, including convalescent centers and nursing homes.

2.    Base Bi-Monthly Meter Charge. The base (minimum) bi-monthly meter charges for all commercial user classifications within this section are as follows:

Meter or Line Size (inches)

Bi-Monthly Charge

5/8, 3/4

$32.17

1

$75.85

1-1/2

$137.61

2

$216.54

3

$425.80

4

$661.59

6

$1,316.62

3/4 dedicated fire line

$19.18

1 dedicated fire line

$23.76

1-1/2 dedicated fire line

$27.71

2 dedicated fire line

$40.80

3 dedicated fire line

$116.76

4 dedicated fire line

$149.40

6 dedicated fire line

$228.50

8 dedicated fire line

$319.96

3.    Use Charges. Water usage during the bi-monthly billing period shall be additionally charged as follows:

Winter consumption (November – June)

$3.04 per 100 c.f.

Summer consumption (July – October)

$5.19 per 100 c.f.

C.    Water Consumption Through Meters Greater Than Six Inches in Size. Any customer desiring a connection to the city water system through a meter greater than six inches must make an application to the director of public works showing justification for a special rate under this subsection. The city staff must report to the council on any special rate application. A special classification with a different rate must be approved by the city council, and the customer must enter into a written agreement with the city regarding the same.

D.    Multifamily Residential Rate Classification.

1.    Scope. The multifamily residential rate classification covers all multifamily residential structures and single-meter dwelling unit developments in the city, excepting those developments covered in subsection F of this section, and includes:

a.    Any mobile home park, cabin court, trailer court, duplex, triplex, fourplex, multi-unit apartment building or condominium building;

b.    Two or more single-family dwellings or a common wall single-family residential structure;

c.    Laundry buildings, recreation buildings and other secondary buildings in multifamily residential developments including associated pools and spas; and

d.    Boarding homes, group homes and retirement homes, but not including convalescent centers or nursing homes.

2.    Low-Income Discount. Qualified low-income elderly customers shall be entitled to a 25 percent discount as set forth in BMC 18.06.255.

3.    Base Bi-Monthly Meter Charge. The base (minimum) meter charges per two months for all multifamily residential user classifications within this section are as follows:

Meter Size (inches)

Bi-Monthly Charge

5/8, 3/4

$34.63

1

$76.50

1-1/2

$144.97

2

$226.61

3

$453.67

4

$723.80

4.    Use Charges. Water usage during the bi-monthly billing period shall be additionally charged as follows:

Winter consumption (November – June)

$2.74 per 100 c.f.

Summer consumption (July – October)

$4.06 per 100 c.f.

5.    Residential Unit Charge. Each residential unit will be charged $4.14.

6.    Domestic Meters Used for Fire Flow. Multifamily accounts that have fire sprinkler systems approved by the fire marshal that receive the water through the building’s domestic meter shall be charged the base bi-monthly meter rate at the rate for the next lower sized meter. A written request must be submitted to the finance department requesting this rate adjustment. (Example: a one-and-one-half-inch meter would be charged the meter rate for a one-inch meter.) Single-family combination domestic/fire meter shall be billed at the three-fourths-inch residential rate.

E.    Irrigation Rate Classification.

1.    Scope. Irrigation rate classification covers all meters dedicated to irrigation use.

2.    Base Bi-Monthly Meter Charge. The base (minimum) meter charge per two months:

Meter Size (inches)

Bi-Monthly Charge

5/8, 3/4

$25.73

1

$52.18

1-1/2

$95.58

2

$147.81

3.    Use Charges. All consumption will be charged at the rate of $7.05 per 100 c.f.

F.    Regional Facility Charges. In addition to the facilities charges that are currently collected in accordance with a separate resolution of the council, future contracts with water suppliers may require the collection of “regional facilities charges” that compensate investment in the regional water production and delivery system. These fees will be collected with the local facility charges and passed through to the appropriate agency. (Ord. 2201 § 1, 2016; Ord. 2176 § 1, 2015; Ord. 2160 § 1, 2014; Ord. 2128 § 1, 2013; Ord. 2104 § 1, 2012; Ord. 2079 § 1, 2011; Ord. 2049 § 1, 2010; Ord. 1982 § 1, 2007; Ord. 1965 § 1, 2006; Ord. 1932 § 1, 2004; Ord. 1916 § 1, 2003; Ord. 1887 § 1, 2002; Ord. 1860 § 1, 2001; Ord. 1837 § 1, 2000; Ord. 1827 § 1, 2000; Ord. 1782 § 1, 1999; Ord. 1729 § 1, 1998; Ord. 1715 § 1, 1997; Ord. 1668 § 1, 1996; Ord. 1634 § 1, 1996; Ord. 1616 § 1, 1996; Ord. 1537 § 1, 1993; Ord. 1468 § 1, 1992; Ord. 1439 § 1, 1991; Ord. 1401 § 1, 1990; Ord. 1360 § 2, 1989; Ord. 1191 § 4, 1985; Ord. 1031 § 1, 1982).

18.06.255 Low-income senior citizen discount.

A 25 percent discount shall be applied to each monthly bill of a single-family residential rate payer or refunded at least semi-annually to a user who resides in a mobile home park served by a master meter, where such person shall show satisfactory proof under oath in writing to the city finance director of the following:

A.    That they meet the definition of “low-income elderly” as set forth in BMC 18.01.010(17); and

B.    That they are the applicant for the water service or eligible therefor if residing at a development or structure served by a single master meter and are directly responsible for the payment of the water bill; and

C.    That they have resided at such place for a period of not less than 90 consecutive days and must intend to remain at such place. That they intend to remain at such place and if there is any change in their or the household’s status as it relates to the requirements set forth above, they shall notify the city. The city finance director may require the person demonstrating satisfactory proof for a household that qualifies for the rates set forth in this section to make an update application at any time. “Head of household” means the person owning or having control of the dwelling unit. In the case of a husband and wife, either person shall be considered the “head of the household.” (Ord. 2128 § 1, 2013; Ord. 1634 § 1, 1996).

18.06.270 Rates – All users outside city limits.

The rates charged outside the city limits of the city of Bothell shall be the same for all user classifications as set forth in BMC 18.06.250 with the addition of a 25 percent surcharge added thereto. (Ord. 1634 § 1, 1996).

18.06.290 Service to municipal departments and facilities.

The water service to all municipal buildings shall be based on the monthly meter reading for the appropriate size meter and billed by the finance department. For water consumed through fire hydrants owned and maintained by the city, there shall be a flat charge negotiated at budget time each year but in no case shall the charge be less than $400.00 per year. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.300 Service to construction sites.

Water for construction or other uses may be made available by fire hydrants; provided, that the contractor or person seeking water service first make application to the department of public works, indicating the estimated usage, hydrant location and duration of usage. At the discretion of the public works director, a hydrant meter may be installed or the user may document and certify the amount of water usage.

The permit fee, deposit and charge for water usage shall be as established by resolution of the city. Water usage charges shall be deducted from the deposit posted and the balance returned providing there is no damage to city property. (Ord. 1634 § 1, 1996; Ord. 1306 § 31, 1988; Ord. 1031 § 1, 1982).

18.06.310 Rate computation – Rounding off.

In the computation of charges for water metered to any user, the cubic feet shall be rounded off to the nearest 100 cubic feet. (Ord. 1782 § 2, 1999; Ord. 1715 § 2, 1997; Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.320 Rates – Application.

Charges to the owners of property with new structures shall commence on the date the building served is actually occupied, unless before such actual occupancy the water meter registers 500 cubic feet or more, in which case charges shall continue thereafter regardless of amount of usage. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.330 Billing – Payment.

A.    Billing Period. Water service charges provided for in this chapter shall be billed by the finance department. Property owners shall be billed every other month on or about the fifth day of the month and charges shall be due 20 days after the date of invoice.

B.    Delinquent Accounts. All charges for water utility services furnished by the city shall be due and payable to the city on the date shown on the face of the bill. Charges for services remaining unpaid at the close of business on the twentieth day following the billing date shall be considered delinquent and automatically subject to an additional late charge, as a penalty. Late charges shall be as established by resolution of the city.

C.    Delinquent Accounts – Water Lien. The city shall have a lien against the premises to which water service was furnished for up to four months’ delinquent water service charges.

D.    NSF Checks. Pursuant to Chapter 62A.3-515 RCW, if a check received in payment for water service charges is dishonored by nonacceptance or nonpayment, the city shall charge a reasonable handling fee fixed from time to time by resolution of the city council. If the check is not paid within 15 days after notice of dishonor, sent by certified mail to the last known address of the person responsible therefor, the drawer of said check shall be liable for interest, collection costs and attorneys’ fees incurred in collecting the dishonored check. In addition, in the event of a court action on the dishonored check, after notice and the expiration of 15 days, the city shall be entitled to damages in the amount of three times the face value of the check or $300.00, whichever is less, pursuant to Chapter 62A.3-515 RCW.

E.    Water Leaks – Adjustments to Bill. For property owners whose billing is based on water consumption, adjustments in billing charges may be made in the event of increased water usage due to leaks in the property owner’s system. If a property owner wishes an adjustment in a billing charge due to a water leak, a written request must be submitted to the finance director. The written request shall include the name, address, telephone number and service address, if different than above, of the property owner requesting the adjustment, the date and proof of adequate repair of the leak which may be established by receipt or billing for repair work and/or materials if the repair was accomplished by the property owner. Credit shall be posted to the account on the billing following submittal of proof of repair for a period extending up to 120 days prior to the date of repair. The charge for water shall be based on the water consumption history and other factors which, in the determination of the finance director, affect the property owner’s water consumption. Water charges for overages shall be at the wholesale rate of water charged to the city.

F.    Responsibility of Water Charges. Charges for water service shall be the responsibility of the property owner. (Ord. 2104 § 2, 2012; Ord. 1849 § 2, 2001; Ord. 1848 § 4, 2001; Ord. 1634 § 1, 1996).

18.06.331 Combined utility billing.

The finance director may determine to provide combined billing for customers of the water and sewer utilities. Whenever any partial payment of a combined water and sewer utility billing is received, the amount paid shall be credited to outstanding charges in the following order of priority:

A.    Fees and interest;

B.    Sewer late payment penalty;

C.    Sewer service;

D.    Water service;

E.    City utility taxes. (Ord. 2142 § 4, 2014).

18.06.340 Liens.

A.    Water Lien – Enforcement by Water Cutoff. If any charges remain unpaid on the twenty-fifth day of the second month following billing, the finance department shall notify the director of the public works department to discontinue water service to the premises, by water cutoff, and such service may not be restored until all delinquent water service charges are paid, together with any cutoff fee as may be established from time to time by resolution of the city council. Water cutoff notices shall be mailed to the last known address of the property owner and any known tenant. Nothing contained in this chapter shall be construed as a waiver of liens, and the city shall have all rights as provided in RCW 34.21.290, as now existing or hereafter amended.

B.    Water Lien – Extinguishment by Payment and Request for Water Cutoff. If the owner of the premises to which water service was furnished, or the owner of a delinquent mortgage thereon, makes a written request to the city finance department to cut off water service to such premises, accompanied by payment or tender of payment of all delinquent charges, together with any required cutoff fee, the city’s lien shall be extinguished against the premises to which water service was furnished. (Ord. 2063 § 1, 2011; Ord. 1634 § 1, 1996).

18.06.350 Rates, charges and classifications.

The rates, charges and classifications provided in this code may be amended from time to time in the discretion of the city council, and such amended rates, charges or classifications shall apply to and be binding upon users of the water system whether located within or without the limits of the city. Any utility rate increase, utility tax increase or increase in the wholesale cost of water shall be passed on to the user in the monthly bill. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.360 Water main connection charge.

A connection charge for tapping onto a city water main shall be paid by all persons connecting to the system and shall be payable, in full, prior to any work being started. A city inspector shall be on site at the time of connection. The fee for such permit shall be as established by resolution of the city. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.370 Water system facility charges.

A charge shall be levied for a proportional share of the city’s general water facilities. Such charge shall be payable prior to the issuance of any water meter permits. Facility charges shall be in addition to any other required permits or fees. Charges shall be as established by resolution of the city. When water meter size is increased solely to provide fire sprinkler protection, the water facility charge required shall be based on the size required by the Uniform Plumbing Code. (Ord. 2063 § 2, 2011; Ord. 1662 § 3, 1996; Ord. 1634 § 1, 1996; Ord. 1306 § 32, 1988; Ord. 1281 § 1, 1987; Ord. 1270 § 2, 1987; Ord. 1191 § 8, 1985; Ord. 1031 § 1, 1982).

18.06.380 Property to be provided service.

The property to be provided water service shall be the full gross area within the tract described in the application for plat approval or building permit, including all common areas and areas dedicated to public use such as, but not limited to, parks and street rights-of-way. The public works director is authorized, upon application of the developer or property owner, to establish the boundaries of the property to be provided water service referred to in this code, which may be less than the entire parcel owned by the application to exclude portions of the parcel that shall remain unimproved. In no event shall either parcel be less than the minimum lot size permitted; and provided further, that the owner shall sign a “partial pay agreement” whereby the owner agrees to pay the connection charge in effect at the time the remaining parcel is connected to the city water system; and the partial payment must be based on the minimum base zoning. In no event shall the total parcel size be less than five times minimum base zoning to qualify for the partial payment exemption. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.390 Meter – Installation.

A.    All water service furnished by the city shall be metered. The cost of the meter and the installation thereof shall be paid by the property developer or owner, and shall constitute a part of the realty, and shall not be moved except by personnel of the department of public works, or with the permission of the public works director. After installation, the city shall have full control over meters.

B.    A water meter permit shall be procured prior to any work being accomplished. In addition to any other fees and charges payable, the fee shall be established by resolution of the city.

C.    Connection charges and required deposits shall be as established by resolution of the city. If installation costs exceed the amount of the required deposit the additional cost shall be due and payable by the owner upon receipt of the itemized billing. (Ord. 1634 § 1, 1996; Ord. 1306 § 33, 1988; Ord. 1031 § 1, 1982).

18.06.400 Meter – Allocation.

Each separate building or premises served water by the city shall be individually metered. For the purpose of this code, a “separate building or premises” means a parcel or building which may be lawfully conveyed by a separate deed; provided, however, unless other arrangements are made with the city because of special conditions, a master meter only shall be installed in condominium developments. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.410 Meter – Location.

Meters shall be located on the public right-of-way whenever practicable. If the public works director determines that a meter or meters may be located on private property, the owner shall provide the department of public works with easements for meter reading and maintenance. The public works director shall make the final determination of location of all meters. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.420 Meter – City nonliability.

If a meter is required to be installed within a building, no rent or other charge shall be paid by the city for maintaining such meter upon private property, nor shall the city be responsible for breaks or seepage or water damage of any nature from the meter, pipes, or fittings. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.430 Meter – Reading.

A.    Meters shall be read, whenever practicable, monthly, and the department of public works shall keep accurate records of readings, which shall constitute prima facie evidence of the water consumption by each user, and shall be the basis upon which bills for water consumption are calculated.

B.    Whenever conditions make it impossible or impractical to read the meter, or should the reading of the meter patently reflect it is malfunctioning and not correctly registering consumption, the finance department shall estimate the water consumption, or bill on the basis of average water consumption theretofore used by the user without prejudice to the right of the city to bill for additional charges when and if the true water consumption becomes known at a later date.

C.    Whenever a customer requests a meter to be reread and the results of the reread verify that the original reading was correct, the customer will be charged $25.00. If the reread verifies that the meter was mis-read, no charge will be made to the customer. One reread will be conducted per year with no charge. (Ord. 1749 § 1, 1998; Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.440 Meter – Removal and reinstallation.

At the written request of the owner of the subject property, the meter shall be removed without charge. During the time the meter is removed, no water use charge shall be made. When the meter is reinstalled in the same location from which it was removed, the service charge shall be as established by resolution of the city; provided, however, if any additional work is required, the charge shall be time and material, payable on demand. If the building has been substantially remodeled or replaced, the service fee may be Type A, Type B and/or Type C. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.450 Meter – Turning on and off.

There shall be a minimum charge of $25.00, payable in advance, for each user request to turn water service on and to turn it off. (Ord. 1749 § 2, 1998; Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.460 Temporary meter disconnect – Charges.

In the event the property provided water service shall be unoccupied in excess of one billing period, the owner may apply, on forms provided by the finance department, for a temporary disconnect. The actual consumption subsequent to the prior meter reading shall be charged at the regular monthly rate, but no further charge for water service shall be made until service is reconnected. The actual consumption subsequent to reconnection at the time of the regularly scheduled date the meter is read shall be charged at the regular monthly rate. The fee for this disconnect and reconnect shall be $10.00, payable in advance. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.470 Restoration of water service.

In no event shall water service be reconnected unless the water user or some other person is on the premises at time of reconnection. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.480 Meter – Test for malfunction.

At the request of a user, meters shall be tested for accuracy in measuring water consumption. If the results of the test reveal an error in excess of two percent, the overcharges shall be adjusted for a period not to exceed one year previous to the test. A testing charge of $10.00 shall be paid by the user, in advance of testing. If an error in excess of two percent is found, the testing charge fee shall be reimbursed. All meters shall be tested prior to installation and no meter shall be placed in service with an error in measurement of consumption in excess of two percent under conditions of normal operation. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.490 Meter – Damage, tampering.

If meters are damaged by tampering or other action of the user, or by hot water from user’s line, all costs of the repair or replacement of the meter shall be charged to the owner. If the meter is found to have been tampered with by a user, resulting in undermeasurement of water consumption, the department of public works shall cut off water service to the premises without notice, and service shall not be restored until assurance, satisfactory to the city, has been given by the user against further tampering. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.500 Unauthorized use or interference with waterlines prohibited.

It is a violation of this chapter to:

A.    Attach to or detach from any water main or service pipe or in other manner procure water through pipes conveying water service by the city without having first applied for water service and having been granted the same by the city as provided in this code;

B.    Interfere in any manner with any water pipeline conveying city water service without the prior permission of the department of public works;

C.    Tamper with any valves, curbstops, water meters, or in any manner tamper with or alter the water service system for the purpose of turning water on or off, without the prior permission of the department of public works;

D.    Cut, alter, change, remove, disconnect, or connect with, or in any manner interfere, meddle or tamper with, any fire hydrant installed on a water line owned by the city; provided, that the provision of this section shall not apply to the personnel of the fire department in their line of duty. Permission for any other individual to connect to city hydrants must be obtained, in advance, from the department of public works. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.510 Stop work order.

In the event the director finds any person engaged in construction for the purpose of making a connection to a public water main without a permit, the director shall immediately notify such person to stop work. If such work is not immediately stopped, the public works director shall issue a stop work order and no further work shall be done until the person has complied with all the rules and regulations of the city. (Ord. 1634 § 1, 1996; Ord. 1031 § 1, 1982).

18.06.520 Utility tax.

All charges set forth in BMC 18.06.250 (inside the city limits) shall be subject to the city’s utility tax as set forth in BMC 5.08.020, which is not included in the charges shown in BMC 18.06.250. (Ord. 2079 § 2, 2011; Ord. 1982 § 2, 2007; Ord. 1965 § 2, 2006).