I. Water System

Chapter 13.04
REGULATIONS AND RATES

Sections:

13.04.010    Water service – Connection permit – Application – Deposit.

13.04.020    Service pipes – Installation – Fee.

13.04.030    Service pipes – Two or more – Stopcock requirement – Defective pipes.

13.04.040    Service pipes – Depth – Galvanized material or copper required.

13.04.050    Water meters – Owner or lessee to install and maintain.

13.04.060    Water meters – Installation to be supervised by water superintendent – Cost.

13.04.070    Water meters – Size and design.

13.04.080    Water meters – Removal.

13.04.090    Water meters – Right of entry.

13.04.100    Water rates and cost and installation of water meters charged to owner.

13.04.110    Delinquent charges – Interest on.

13.04.120    Water meters – Property of city until paid for.

13.04.130    Construction meters.

13.04.150    Water rates.

13.04.152    Delinquent accounts – Late charges.

13.04.154    Person billed.

13.04.155    Charge for water passing through meter.

13.04.156    Meter reading when.

13.04.157    Violation – Returned check – Water shut-off.

13.04.158    Shut-off.

13.04.159    Temporary service interruption, intermittent service and extended service interruption.

13.04.160    Outside city limits.

13.04.170    City officers to have access to premises for inspection purposes.

13.04.180    Shutting off water by city.

13.04.190    Reduction of water supply – Restriction of use.

13.04.200    Promulgation of rules and regulations.

13.04.210    Tampering with water meters – Violation – Penalty.

13.04.220    Tampering with fire hydrant.

13.04.010 Water service – Connection permit – Application – Deposit.

A. Application for a permit to connect any property with the city water service must be made in writing to the water superintendent, by the owner of the property, or his authorized agent, on a blank form furnished by the water superintendent. This form of application shall contain the agreement that the applicant will at all times conform to, and be governed by, the rules and regulations of the water department of the city.

B. The water superintendent shall issue to each applicant whose application is granted, a permit in writing clearly setting forth the service granted.

C. Repealed by Ord. 1240 NS.

D. If for any reason the property is disconnected before the entire amount of the deposit has been taken up in rentals, the balance, upon such property being so disconnected, shall be returned to such owner, or to the person depositing same.

E. Plumbers are prohibited from connecting with the service pipes at the property line until such permit has been furnished him by the owner or occupant of the property. (Prior code § 7.04.010).

13.04.020 Service pipes – Installation – Fee.

All service pipes from the main or from other service pipes to the property line, including service cocks to be placed one foot inside the curb line, will be put in by the city at a cost which will be set by the water superintendent from time to time, which charge will be payable at the time of the application for permit is presented by the property owner or lessee, and no water will be furnished to the property until all charges have been paid to the city water superintendent; provided, that when areas have been excavated under the sidewalk, the service pipes will be laid by the city only to the inside of the area wall. (Prior code § 7.04.020).

13.04.030 Service pipes – Two or more – Stopcock requirement – Defective pipes.

A. When any property owner or lessee desires two or more service pipes on the same property he shall so state in his application for a permit to connect, and separate service pipes will be run from a connection to be made inside the curb line and stopcocks shall be put upon each of the separate services. Property owners will not be allowed to connect the water service of different properties together.

B. The property owner or lessee must put in and maintain at his own expense all plumbing within his premises and put in a stopcock by which the water may be shut off within his premises for the purpose of repairs. The city will not be liable for any damages that occur within the premises on account of any defective pipes or fixtures. (Prior code § 7.04.030).

13.04.040 Service pipes – Depth – Galvanized material or copper required.

All service pipes shall be of galvanized material or copper and laid to a depth of not less than three feet below the established grade of the street. (Prior code § 7.04.040).

13.04.050 Water meters – Owner or lessee to install and maintain.

Every owner or lessee of property within the city supplied or desiring to be supplied with water from the city mains and pipes of the city water system shall, before beginning to use the same, install on his premises at his own expense and keep same in repair a water meter or meters in the service connecting his property with the city water system, and city water will be supplied through such service connection, but each premises supplied with city water must have its own separate service connections with the city water system and a separate meter, except that two or more buildings located on the same lot or on contiguous lots under a single ownership, may be, upon written permission granted by the water superintendent, supplied through the same connection with the city water system, but in such case each separate building must have its own separate meter. The water will be cut off from any property if and when the provisions of this section are not complied with. (Prior code § 7.04.050).

13.04.060 Water meters – Installation to be supervised by water superintendent – Cost.

The actual installation of all meters shall be done by or under the direction of the water superintendent of the city. Meters will be supplied by the city at actual cost, and the cost of installing all meters shall be paid by the owner or lessee of the property on which said meter is installed. (Prior code § 7.04.060).

13.04.070 Water meters – Size and design.

All meters shall be of standard size and design, approved by the city water superintendent, and each meter, before it is installed, shall be separately examined and tested, and approved by the water superintendent or under his direction. All meters must be provided with all necessary valves, and set in a manner approved by the water superintendent. Meters must at all times be accessible to the water superintendent, and where it is necessary for the property owner or lessee to place a meter under lock and key, a key shall be furnished to the water superintendent. Meters installed on any property will be examined and tested by the water superintendent at any time at the request of the property owner or lessee, on his paying the charges therefor. (Prior code § 7.04.070).

13.04.080 Water meters – Removal.

Meters when installed on any property shall be removed only by or upon the order of the water superintendent. For a violation of this provision, the water shall be turned off and a fine of $10.00 may be imposed, which fine must be paid before the water is again turned on. (Prior code § 7.04.080).

13.04.090 Water meters – Right of entry.

The city, through its proper officer or officers, may enter upon any premises where city water is used, at any reasonable time, for the purpose of making an examination of the premises, or a test of the meter; and it also reserves the right to remove the meter from the premises for examination and test whenever deemed necessary. (Prior code § 7.04.090).

13.04.100 Water rates and cost and installation of water meters charged to owner.

All rates for water, supplied to any property connected with the city water system, shall be charged to the owner of the property so supplied. All charges for meters supplied, installed, or repaired by the water superintendent, and all charges on account of labor furnished, or material supplied in the installation of any service connection with the city water system, and all fines and penalties assessed or imposed under the provisions of this chapter, shall be charged to the property owner on whose premises the service was rendered, or the fine or penalty imposed. (Prior code § 7.04.100).

13.04.110 Delinquent charges – Interest on.

When any of the charges mentioned in CMC 13.04.100 become delinquent, they shall bear interest at the rate of eight percent per year from date of delinquency until paid, and the charges and interest shall be and remain a permanent charge against the property owner, notwithstanding the fact that such premises may be occupied by a tenant at that time. (Prior code § 7.04.110).

13.04.120 Water meters – Property of city until paid for.

All meters furnished and all materials supplied by the city in the installation or repair of any water meters, and all materials supplied in the installation of any service connection with the city water system, shall remain the property of the city until fully paid for by the property owner, or someone in his behalf, and may be removed by the water superintendent or under his direction, at any time for the nonpayment of any charge or installment due. (Prior code § 7.04.120).

13.04.130 Construction meters.

Contractors may request a temporary connection to the city’s water system to obtain water for construction purposes. The charge for a temporary and/or construction service shall be the cost of installation, removal and materials. The amount of water so consumed during construction shall be paid for by the contractor or owner at the applicable metered rate. The water usage shall be paid before a credit is given. A credit will be given for a meter and the meter box only when there is no damage to the meter and meter box. The amount of the estimated cost of the temporary and/or construction service must be deposited to the city in advance. (Ord. 1388 NS § 1, 2007).

13.04.150 Water rates.

The city of Colville shall charge and collect from every property owner or lessee upon whose premises a meter or meters are installed the following rates:

A. Single Residential Unit. A “single residential unit” is defined as one residential living quarters served by one water meter.

Quantity in 1,000 Gallon Units
A monthly base rate of $24.50 and an additional charge for each 1,000 gallons thereafter as outlined below:
0 to 20,000 gallons	$0.60 per 1,000 gallons
Over 20,000 gallons	$0.90 per 1,000 gallons
Flat rate for all water used November 1st through April billing cycle	$0.60 per 1,000 gallons

B. Multi-Unit Residential. “Multi-unit residential” is defined as a building having two or more dwelling units served by one water meter. This includes apartments, assisted living facilities and mobile home parks.

A monthly base rate of $20.00 for multi-unit residential, per unit, and an additional charge for each 1,000 gallons thereafter as outlined below:

Quantity in 1,000 Gallon Units
0 to 27,000 gallons	$0.60 per 1,000 gallons
Over 27,000 gallons	$0.95 per 1,000 gallons

C. Commercial Units. A “commercial unit” is defined as all other units not containing residential living quarters served by one water meter. This includes firms, businesses, corporations, hotels, motels and industrial water consumption users. Refer to subsection D, Multiple Uses, of this section.

A monthly base rate of $25.50 for each commercial unit, and an additional charge for each 1,000 gallons used thereafter as outlined below:

Quantity in 1,000 Gallon Units
0 to 27,000 gallons	$0.70 per 1,000 gallons
27,001 to 100,000 gallons	$1.15 per 1,000 gallons
Over 100,000 gallons	$1.35 per 1,000 gallons

D. Multiple Uses. Where more than one residential unit, firm, business, association or corporation uses water from the same connection, the water service shall be the same as if each residential unit, firm, business, association or corporation were separately connected thereto. When more than one unit is served by one meter the billing shall be to the owner or owner designee. The billing will include a base rate charge for each unit served by the meter, based on classification (single residential unit, commercial unit, etc.), plus a commodity charge for total water usage. Where more than one usage exists, such as a combination of multi-residential and commercial, the city treasurer will calculate a combination rate as necessary.

E. Irrigation Unit. An irrigation unit is defined as water use by residential, multiresidential, or commercial customers who choose to have a separate meter to irrigate lawns, gardens or other landscape items.

A 501(c)(3) irrigation unit is defined as water use by a nonprofit corporation who chooses to have a separate meter to irrigate lawns, gardens, or other landscape items.

An irrigation unit monthly base rate of $25.50 per irrigation meter and an additional commodity charge per irrigation meter for each 1,000 gallons as outlined below:

Quantity in 1,000 Gallon Units
0 to 27,000 gallons	$0.70 per 1,000 gallons
27,001 to 100,000 gallons	$1.15 per 1,000 gallons
Over 100,000 gallons	$1.35 per 1,000 gallons

A 501(c)(3) irrigation unit monthly base rate of $22.50 per irrigation meter and an additional commodity charge per irrigation meter of $0.70 per 1,000 gallons up to 27,092,000 gallons. If that amount is exceeded in any given season, then the rate shall be $1.35 per 1,000 gallons for the balance of that year.

F. Taxes. Any state and/or city utility tax charges shall be in addition to the charges as set forth above.

G. The rates adopted by this section shall be in effect until December 31, 2009. (Ord. 1423 NS § 1, 2009; Ord. 1406 NS § 2, 2008; Ord. 1400 NS § 3, 2008; Ord. 1390 NS § 2, 2007; Ord. 1388 NS § 2, 2007; Ord. 1344 NS § 2, 2005; Ord. 1319 NS § 1, 2004).

13.04.152 Delinquent accounts – Late charges.

A. All utility bills shall be due immediately upon billing and be delinquent if not paid in full on or before the fifteenth day following the month in which services are rendered.

B. Utility bills are mailed by the last working day of each month for which the services were rendered and are due on or before the fifteenth day of the following month and will be delinquent if payment is not received in the city treasurer’s office by 3:00 p.m. on that day or the first business day thereafter. A $5.00 per month late charge will be added to all past due accounts with balances over $5.00.

C.  If the utility account has an unpaid balance 30 days past the due date, a shut-off notice will be mailed on the thirty-first day stating services will be terminated in seven calendar days.

Before water service will be reinstated, the account holder must pay the full balance due, including all past due and current charges, late payment fees and the shut-off fee. The turn-on fee mentioned in subsection D of this section will be applied to the next utility bill.

Whenever a water service is in the name of a renter, tenant or lessee, and is subject to turn-off for delinquency, the utility billing department shall send a duplicate notice of delinquency to the owner of record.

Failure to receive mail will not be recognized as a valid reason for failure to pay rates when due. Whenever it appears that the termination of a utility service will affect more than one dwelling unit, the city shall cause reasonable effort to be made to give notice to all affected dwelling units.

D. The city shall charge and collect from every property owner or lessee, upon whose premises a meter or meters are installed, a fee of $25.00 for shut-off service if the account has been disconnected for nonpayment and a $25.00 fee shall be charged for turn-on service for the same account.

E. Reconnect a Utility Service That Has Been Disconnected for Nonpayment. When a utility service has been disconnected for nonpayment the payments must be received before 2:30 p.m. for same-day reconnections, and must include all of the charges stated in subsection C of this section.

There will be an additional fee of $100.00 for any same day connections on payments received after 2:30 p.m.

There will be no reconnections for nonpay utility accounts over a weekend or holiday.

F. Water Shut-Off Notice – Appeal Process. Pursuant to state law (RCW 35.21.290 through 35.21.300), the city may terminate water utility service to a customer who is delinquent in paying the water bill. Prior to termination of service, the city shall send the customer a water shut-off notice, stating the customer may dispute the correctness of that billing by contacting the city treasurer’s office.

1. Customer Dispute.

a. At any time before the date of termination of water service for nonpayment of the amount shown on a utility bill, or a notice of termination, a customer may dispute the correctness of all or part of the amount shown in accordance with the provisions of this section.

b. The procedure for customer disputes shall be as follows:

i. Before the date of termination, the customer shall notify the treasurer’s office in writing that the customer disputes all or part of the amount shown on a utility bill or a notice of termination, stating as completely as possible the basis for the dispute.

ii. If the city treasurer, or the treasurer’s designee, determines that the present dispute is untimely or that the customer previously disputed the correctness of all or part of the amount shown, the treasurer’s office shall mail to the customer a notice stating that the present dispute is untimely or invalid. The city shall then proceed as if the customer had not notified the city of the present dispute.

iii. If the city treasurer determines that the present dispute is not untimely or invalid under this section, the city, within three days after receipt of the customer’s notice, shall arrange an informal meeting between the customer and the treasurer.

iv. Based on the city’s records, the customer’s allegations and all other relevant materials available to the treasurer, the treasurer shall

resolve the dispute, attempting to do so in a manner satisfactory to both the city and the customer.

v. Within five days of completion of the meeting, the treasurer’s office shall mail to the customer a copy of its decision resolving the dispute.

vi. That decision shall be final and binding on the customer.

c. Utilization of this dispute procedure shall not relieve a customer of his obligation to timely and completely pay all other undisputed charges and/or installments, and the undisputed portion of the amount which is the subject of the present dispute. Notwithstanding this section, failure to timely and completely pay all such undisputed amounts shall subject the customer to termination of water service in accordance with the provisions of this section.

d. Until the date of the decision of the city treasurer’s office, the city shall not terminate the water service of this customer and shall not issue a notice of termination to this customer solely for nonpayment of the disputed amount. If it is determined that the customer must pay some or all of the disputed amount, the city shall promptly mail to, or personally serve upon, the customer a notice of termination, which shall contain the following:

i. The amount to be paid;

ii. The date of the notice of termination;

iii. The date of termination, which shall be at least 10 days after the date of the notice of termination is issued:

iv. Notice that unless the city receives complete payment of the past due amount shown prior to the date of termination, water service shall be terminated;

v. An informational telephone number. (Ord. 1388 NS § 3, 2007).

13.04.154 Person billed.

The utilities shall stay in the property owner’s name, and the city shall bill the owner of the served property for the payment of utility rates and charges specified in this title; however, the owner may have the bills mailed in care of a tenant, or agent with a signed utility update form, but this shall not relieve the owner from liability for utility rates and charges. (Ord. 1388 NS § 4, 2007).

13.04.155 Charge for water passing through meter.

All water passing through a meter shall be charged for and no deductions will be made for water lost beyond the meter through leaks or open outlets. (Ord. 1388 NS § 5, 2007).

13.04.156 Meter reading when.

Meters shall be read commencing April 1st through October 31st. The billing during the winter months will be on the minimum basis. At the April reading, consumption shall be computed retroactive to the last preceding meter reading for residential accounts. All multi-unit residential, commercial and multiple use accounts shall be read monthly throughout the year. (Ord. 1388 NS § 6, 2007).

13.04.157 Violation – Returned check – Water shut-off.

In the event the city receives notice from the bank of nonsufficient funds or other reason for returned check which was tendered to the city of Colville for utility payment, the city shall notify the owner or tenant of the premises of such violation. The owner or tenant shall be required to provide sufficient funds to the city of Colville for the amount of the returned check plus a return check fee of $30.00, in the form of cash, cashier’s check or money order, within 48 hours of notification. In the event the owner or tenant of the premises does not respond, the city may turn off water to such premises and shall in no case be turned on until the charges have been paid in full. (Ord. 1388 NS § 7, 2007).

13.04.158 Shut-off.

The city shall charge and collect from every property owner or lessee, upon whose premises a meter or meters are installed, a $20.00 fee for disconnecting the service and a $20.00 fee to reconnect service at the customer’s request. (Ord. 1388 NS § 8, 2007).

13.04.159 Temporary service interruption, intermittent service and extended service interruption.

A. Temporary Service Interruption. Any request to inactivate water service for a period of less than 30 days shall be a temporary service interruption. Any customer who wishes to inactivate water service shall give at least three days’ notice to the utility. Any customer who requests a service be inactivated will be charged a $20.00 turn-off fee as per CMC 13.04.158 and will continue to be billed for both sewer and water during this period of temporary service interruption. A $20.00 charge to turn on water will be charged as per CMC 13.04.158.

B. Intermittent Service. Any request to inactivate water service for a period of two through five months shall be an intermittent service. Any customer who wishes to inactivate water service shall give at least three days’ notice to the utility. Any customer who requests a service be inactivated will be charged a $20.00 turn-off fee as per CMC 13.04.158 and will be billed $10.00 plus utility tax per month for water service and $10.00 plus utility tax per month for sewer service during the period of intermittent service. If at the time of activation there is any water usage during the time the customer claims to be using intermittent service, the customer will be billed the current monthly water and sewer base rates during that entire period along with any water consumption. A $20.00 charge to turn on water will be charged as per CMC 13.04.158.

C. Extended Service Interruption. Any request to inactivate water service for a period of six months or longer shall be an extended service interruption. Any customer who wishes to inactivate water service when possible shall give at least three days’ notice to the utility. Any customer who requests a service be inactivated will be charged a $20.00 turn-off fee as per CMC 13.04.158 and will be charged a fee as stated below when said customer wishes to have their services activated. A $20.00 charge to turn on water will be charged as per CMC 13.04.158.

3/4" service	$100.00
1" service	$115.00
1-1/2" service	$135.00
2" service	$170.00
4" service	$670.00
6" service	$1,000.00

(Ord. 1400 NS § 1, 2008).

13.04.160 Outside city limits.

The city shall charge and collect from every property owner or lessee serviced by the city water system outside the city limits of the city of Colville the same rates as established in CMC 13.04.150.

In addition thereto, the city of Colville shall charge and collect from every property owner or lessee serviced by the city water system outside the city limits of the city of Colville a surcharge of $10.00 per month in addition to the rates established in CMC 13.04.150. (Ord. 1388 NS § 9, 2007).

13.04.170 City officers to have access to premises for inspection purposes.

The city, by its corporate officers shall have access to any and all premises where water is furnished by the city, for the purpose of inspecting pipes and fixtures. Stopcocks and meters must be left accessible. The property owners are to refrain from in any manner interfering with or covering up any meter or meters. The property owner or water user must protect all meter or meters on his premises from freezing, and will be charged for all repairs necessary by the freezing of the meter. (Prior code § 7.04.160).

13.04.180 Shutting off water by city.

The water may at any time be shut off from any premises by the city upon reasonable notice to the owner or user of water thereon, for repairs, extensions or other necessary purposes, and persons supplied with city water are cautioned against danger from explosion or collapse. The city will not be responsible for any damages that may occur on account of the shutting off of water for any of the above purposes. (Prior code § 7.04.170).

13.04.190 Reduction of water supply – Restriction of use.

A. Whenever it is made to appear to the satisfaction of the city council that by reason of the breakage of machinery used in connection with the furnishing of water by the city to the users thereof, or by reason of the clogging up of the wells, or for any other unavoidable cause, the supply of water capable of being furnished by the city shall be reduced to such an extent that there shall not be an adequate supply for all uses and purposes of the water users of the city, compatible with the maintenance of a sufficient reserve for fire protection purposes, then and in that event the city council may by resolution passed at any regular meeting thereof or at a special meeting called for such purpose, restrict the use of the water to certain purposes, or otherwise limit the use thereof until such time as such conditions are corrected or overcome, and until a sufficient supply of water is available for all purposes.

B. Whenever the council passes such resolution the mayor shall give notice thereof by proclamation, to be published in the regular official newspaper of the city, in the first issue thereof, immediately following the passage of such resolution. After the publication of such proclamation it is unlawful for any water user or other person, whether within or without the city, to use any water of the city for any other purpose or in any greater quantity than is designated by such proclamation. Such inhibition on the use of said water shall continue until the city council by resolution removes such restrictions. (Prior code § 7.04.180).

13.04.200 Promulgation of rules and regulations.

All necessary rules and regulations not inconsistent with the provisions of this chapter, regarding the use of water, the making of service connections and the installation of meters, and such changes therein as may from time to time be required shall, subject to the approval of the city council, be made and adopted by the water superintendent. (Prior code § 7.04.190).

13.04.210 Tampering with water meters – Violation – Penalty.

Every person who, with intent to injure or defraud, shall:

A. Break or deface the seal of any water meter; or

B. Obstruct, alter, injure or prevent the action of any meter, or other instrument used to measure or register the quantity of water supplied to a consumer thereof; or

C. Make any connection by means of a pipe, or otherwise, with any main or pipe used for the delivery of water to a consumer thereof, in such manner as to take water from the main or pipe without its passage through the meter or other instrument provided for registering the amount or quantity consumed, or use any water so obtained; or

D. Make any connection or reconnection with such main or pipe, or turn on or off or in any manner interfere with any valve, stopcock, or other appliance connected therewith; or

E. Prevent by the erection of any device or construction, or by any other means, free access to any meter or other instrument for registering or measuring the amount of water consumed; or interfere with, obstruct or prevent, by any means, the reading or inspection of such meter or instrument, by any of the officers or authorized employees of the city, or violate any other provisions of this chapter;

shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by imprisonment in the city jail or in the county jail for not more than 30 days, or by a fine of not more than $50.00. (Prior code § 7.04.200).

13.04.220 Tampering with fire hydrant.

It shall be unlawful for any person, except when duly authorized by the water department or by a member of the fire department, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to, or to connect anything with any fire hydrant, stop valve, turn-off valve, check valve or backflow device belonging to the city. Any person violating this provision shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding 90 days, or by both fine and imprisonment. (Ord. 1423 NS § 2, 2009; Ord. 1388 NS § 10, 2007).