Chapter 13.05 WATER

There is hereby established and created a water department for the city of Entiat, which department shall have the control and management of the water system belonging to said city, and which shall remain under the control, supervision and direction of the city council. (Ord. 319 § 1, 1985)

13.05.020 Management and enforcement authority.

It shall be the duty of the public works director and/or his/her designee to supervise and manage said water department; he/she shall have the management and control of the operation of the water system according to the provisions of this chapter and the rules and regulations made hereunder; he/she shall make or manage and superintend the making of all excavations, repairs, construction and maintenance or any other business necessary or pertaining to said water department that may be required by the city council, and he shall be held responsible to the city council for the successful operation thereof and for the enforcement of the rules and regulations provided by this chapter, and for the enforcement of this chapter. (Ord. 655 § 1, 2006; Ord. 319 § 2, 1985)

13.05.030 Water use applications – Service billing.

(1) All applications for use of water shall be made in writing, signed by the owner of the lands and property where such water is intended to be used, or by the occupant thereof give a legal description of said lands and property, and shall be filed with the clerk-treasurer; each applicant must state fully all the purposes for which the water is to be used, must agree to conform to the rules and regulations now or hereafter established for the conduct of said system, and subject to all changes that may hereafter be deemed necessary by the city council, and to the terms, conditions and provisions of this chapter and any amendments thereto.

(2) All fees for water service are the responsibility of the property owner of record. In the event of rental property and the property owner wishes the renter to be billed for water fees assessed, the property owner must authorize said billing to the renter by signing the “change of utilities” form in the city clerk-treasurer’s office for each change of service. Property owners of record will be notified of delinquent account(s) of renters prior to water shutoff for nonpayment of service received. There will be no credit for vacant premises. (Ord. 655 § 1, 2006; Ord. 613 § 1, 2003; Ord. 319 § 3, 1985)

13.05.040 Maintenance and supervision.

(1) Water Lines.

(a) City Ownership of Water Mains. The city shall have ownership of all water mains that are located within a public right-of-way or a dedicated utility easement; provided, that the water mains have been accepted by the city. City ownership for water mains that extend onto private property without a dedicated utility easement terminate at the isolation valve located in the right-of-way, or at the right-of-way line when there is no isolation valve.

(b) City ownership of water service lines extends from the water main to the right-of-way line or city-accepted dedicated utility easement line regardless of where water meter box is located.

(c) The city shall own all water meters and meter boxes regardless of whether they are located within the publicly owned right-of-way or on private property.

(d) Maintenance of water service lines on private property, regardless of water meter location, is the sole responsibility of the property owner.

(e) For new construction, the property owner is responsible for installation of new water mains and new water service lines. (Ord. 847 § 1, 2022; Ord. 655 § 1, 2006; Ord. 319 § 4, 1985)

13.05.050 Water turn on and off – Street digging – Authority.

No person shall be allowed to dig in any street or alley or turn on, or off, water or cause the same to be turned on or off except under the direction and control of the maintenance department supervisor. (Ord. 319 § 5, 1985)

13.05.060 Meters – Inspection and reading.

The city of Entiat, Washington, hereby reserves the right to meter any water user within the city of Entiat or outside the city of Entiat which is supplied with water by the city of Entiat. All meters shall be and remain the property of the city of Entiat. Meters may be placed, if necessary or convenient to the city, upon lands or buildings or structures of the water user at said water user’s charge and expense, and may be so placed as to render the said meter convenient and accessible for the inspection and reading thereof by the authorized employees of the city. The right is hereby given and granted to the authorized employees of the city to enter the premises where such meter is placed for the purpose of inspecting and reading the same at all reasonable times. No service shall be commenced where meters are installed until this section of the rules of this chapter have been complied with. (Ord. 319 § 6, 1985)

13.05.070 Connection requirements.

Each separate building, dwelling, block or structure must be connected in accordance with the provisions of this chapter. Accessory dwelling units shall comply with EMC 18.44.025. No service shall be rendered by said city or by said water supervisor until this chapter and the rules hereunder are complied with. (Ord. 801 § 1 (Exh. A), 2019; Ord. 319 § 7, 1985)

13.05.080 Frozen pipes – Charges and liabilities.

The fixed minimum charges for water service will not be reduced or excused because of either frozen pipes within the curb line or on the premises where water is being delivered and the city shall not be liable for damages caused on account of frozen pipes whatsoever. (Ord. 319 § 8, 1985)

13.05.090 Water use violations – Reinstallation fees.

All persons being supplied with water shall use the same for only those purposes stated in their application and shall not increase their demands by supplying other persons, except as provided in this chapter. All persons found in violation of this section shall be subject to having their water service terminated. In the event of termination, a reinstallment fee set by the current fee schedule resolution shall be assessed to cover the costs and expenses incurred by the city. (Ord. 655 § 1, 2006; Ord. 319 § 9, 1985)

13.05.100 Right of city to discontinue service.

The city of Entiat reserves the right to discontinue water service without notice. This action may be taken for repairs, extensions, or any emergency situation involving the water system. Notice of any termination of service shall be given to affected persons when it is reasonably feasible. (Ord. 655 § 1, 2006; Ord. 319 § 12, 1985)

13.05.110 Water shortage regulations – Violation – Penalty.

The city reserves the right in case of water shortage to issue an order forbidding the use of water for irrigation, sprinkling or other purposes. Such orders may be made at any time and when printed in the city’s official paper, or served in writing upon the customer(s), shall be deemed as sufficient notice thereof. Any person violating the provisions of this section or any such order after notice thereof shall be subject to a penalty set forth in the current city fee schedule resolution. Water service will be shut off until such penalty has been paid. (Ord. 655 § 1, 2006; Ord. 319 § 13, 1985)

13.05.120 Water pipe inspection access authorization.

Authorized personnel of the city water department shall have free access to businesses during reasonable business hours, and to residential dwellings with the consent of the occupant(s) that are supplied with water from the city system for the purpose of inspecting the condition of water pipes and fixtures used and the purpose for which they are being used. (Ord. 655 § 1, 2006; Ord. 319 § 14, 1985)

13.05.130 Meter malfunction.

Whenever a meter shall malfunction and fail to properly register the amount of water supplied, the person(s) affected may be charged the minimum monthly rate based upon their classification of water use as specified in the current city fee schedule resolution. All meter malfunctions not caused by the owner or occupant of the premises affected thereby shall be repaired at the expense of the city. (Ord. 655 § 1, 2006; Ord. 319 § 16, 1985)

13.05.140 Rates.

(1) Rates for water service are set forth in the current city fee schedule resolution.

(2) Use of Backflow or Check Valve and Fees. Any person, firm, partnership, corporation or agency, either public or private, requesting the use of city water for use of any project site or for any other use, either public or private, shall obtain from the city a hydrant valve and backflow preventer. Fees for said uses are set forth in the current city fee schedule resolution.

(3) Unforeseeable Leaks. If a water leak should occur upon the property of a user, which leak is undetectable except by a reading of the meter, and if the user can prove to the satisfaction of the city’s public works director and/or designee that the leak was not due to the negligence or fault of the user, and if the leak is repaired within three days of its being reported to the user, then upon written request directed to the city’s public works director and/or designee, he/she may approve the request for a one-time reduced rate. (Ord. 784, 2018; Ord. 655 § 1, 2006; Ord. 319 § 17, 1985)

13.05.150 Special rates.

The following households will qualify for special monthly water and sewer rates as set forth in the current city fee schedule resolution. The minimum age of the senior applicant(s) in whose name the water/sewer account is listed with the city shall be 62 years of age. Persons disabled may also apply for the reduced water/sewer rate by the criteria set forth below. To qualify for the reduced utility rates, the resident(s) shall submit a utility discount application provided by the city of Entiat at the beginning of each year, showing the age, claimed disability, and income of the applicant and the ages, incomes and relationship to the applicant of other members of the household. For the purpose of determining the household gross income, the gross income of all residents of the single dwelling unit shall be added together regardless of their age. The applicant must own or lease and occupy the residence as their principal place of residence in order to qualify for reduced rates. Applicant(s) shall submit proof of income for themselves and other resident(s) of the household within 10 days of a written request of the city clerk-treasurer.

“Disabled” shall be defined as follows:

A person who meets one of the following criteria as established by RCW 46.16.381:

(1) Loss of lower limbs;

(2) Loss of normal or full use of the lower limbs to sufficiently constitute a severe disability;

(3) Is so seriously disabled that the person cannot move without the aid of crutches or a wheelchair;

(4) Loss of both hands;

(5) Suffers from lung disease to such an extent that forced expiratory volume when measured by spirometry is less than one liter per second; or

(6) Impairment by cardiovascular disease to the extent that the person’s functional limitations are classified as Class III or IV under standards accepted by the American Heart Association;

(7) Further, the following persons shall also be considered disabled, provided they meet the specified annual income requirements:

(a) Persons receiving Social Security, supplemental security income, state industrial funds, public assistance or any other income from a public service as the result of the recipient’s physical or mental impairment which prevents them from employment. (Ord. 784, 2018; Ord. 655 § 1, 2006; Ord. 360, 1989; Ord. 319 § 18, 1985)

13.05.160 Payment due date, shutoff – Property lien on delinquent and unpaid charges.

(1) The water service fees are due and payable upon receipt and shall be paid on or before the twenty-fifth of each month following the month in which such service was furnished. All fees for water service, including connection fees, monthly rates and overages, and charges for reconnection of service after service has been terminated, shall be a lien on the property to which services were furnished pursuant to RCW 35.21.290, which is herein incorporated by this reference. Pursuant to RCW 35.21.300, the lien on the property may be enforced only by shutting off water service until delinquent and unpaid charges are paid.

(2) The water service for residential users will not be shut off for reasons of nonpayment for the months of June, July and August and on any day when the National Weather Service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for water users within the Entiat water service area.

(3) A residential user at whose dwelling utility service has been disconnected for lack of payment may request that the city reconnect service on any day for which the National Weather Service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the Entiat water service area. The city shall inform all customers in the notice of disconnection of the ability to seek reconnection and provide clear and specific information on how to make that request, including how to contact the city. The city, in connection with a request made pursuant to this section, may require the residential user to enter into a payment plan prior to reconnecting service to the dwelling. The repayment plan shall comply with the requirements of ESHB 1329, Section 3(3). (Ord. 871 § 1, 2023; Ord. 655 § 1, 2006; Ord. 319 § 19, 1985)

13.05.170 Lien enforcement – Discontinuance of water service.

As an additional and concurrent method of enforcing the lien of the city for said charges, if more than 30 days have elapsed since the date of first delinquency, all such violators are subject to have the maintenance department discontinue their water service without further notice. If it becomes necessary to discontinue water service, the service shall not be reinstated until all delinquent charges, are paid in full, including a reconnect fee, as set forth in the current city fee schedule resolution. (Ord. 655 § 1, 2006; Ord. 319 § 20, 1985)

13.05.175 Forfeiture.

(1) Forfeiture of Water Service Connection in Arrears of Excessive Utility Service Account. For properties including, but not limited to, demolished buildings, vacant buildings, inactive properties, or any property that is owing utility service account fee arrearages equal to or greater than applicable then-current water service connection rate, either consecutively or collectively, shall forfeit all water service connections associated with said property. In full consideration of forfeiting the water service connection, the city by approval of council shall remove the accrued utility service delinquent amount from the forfeited account, including late penalties. Renewed service to a property under this section can only occur by paying new water service connection charge at the then-current rate, as if it were a vacant property. No credits will be issued for past payments on the property account.

(2) Notice and Administrative Hearing. The city will send notice to the property owner at least 10 days prior to the forfeiture of water service connection pursuant to subsection (1) of this section. A property owner shall be afforded the opportunity to an administrative hearing to contest the forfeiture. Any hearing pursuant to this section must be requested by the property owner in writing within 10 days after the property owner receives notice of the forfeiture. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. The city will conduct the hearing within 20 days of the receipt of the request. The administrative hearing will be held before the city’s public works director (“director”), or his or her designee. Formal rules of evidence will not apply; provided, however, that the director will review the existing record, and only the property owner and the city will be allowed to present oral testimony and documentary evidence to the director. The director will issue a written decision within 10 days of the conclusion of the hearing. Except as otherwise provided, all decisions by the director shall be final and conclusive on all parties unless appealed to the hearing examiner under subsection (3) of this section. The director’s decision, action, or determination shall remain in effect during such period of appeal.

(3) Appeal to the Hearing Examiner and Judicial Review. Any decision of the director rendered pursuant to subsection (2) of this section may be reviewed by open record appeal to the hearing examiner. Pursuant to EMC 14.10.030, Administrative appeals, the property owner must file written notice of appeal with the city clerk within 14 calendar days following notification of the director’s decision. Such notice of appeal shall set forth in reasonable detail the action or decision appealed and the property owner’s grounds for reversal or modification thereof. Failure to submit a timely notice of appeal shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. Following receipt of such notice of appeal, the city clerk will schedule a date for a public hearing with the hearing examiner at which time the hearing examiner shall consider the appeal. The date of the public hearing should be no later than 30 calendar days following the date the clerk received notice of the appeal. The clerk will mail written notice to all parties of record to apprise them of the hearing date. The hearing shall be an open record hearing at which the property owner and the city may present witness testimony and documentary evidence. At the conclusion of the public hearing the hearing examiner may adopt, amend and adopt, reverse, amend and reverse the findings, conclusions, and decision of the director. Pursuant to EMC 14.10.040, Judicial appeals, the decision of the hearing examiner on appeal of the decision of the director shall be final and conclusive unless, within 21 calendar days from the date of final action, the property owner files a petition for review with the superior court of Chelan

County in the manner prescribed by law. Judicial review shall be a closed record appeal based upon the record created before the hearing examiner.

(4) Voluntary Relinquishment of Water Service Connection. Voluntary relinquishment of water service connection associated with an inactive property, including but not limited to demolished buildings, is allowed at any time prior to owing equal to or greater than applicable then-current water service connection rate in arrears of utility service accounts at the property owner’s request. In full consideration of forfeiting the water service connection, the city by approval of council shall remove the accrued utility service delinquent amount from the forfeited account, including late penalties, and send notice and confirmation to property owner of same. No credits will be issued for past payments on the property account. Service to a property under this section can only be restored by paying full new water connection charges at the then-current rate, as if it were a vacant property. (Ord. 838 § 1, 2022)

13.05.180 Water system rules and regulations.

The city council is hereby authorized to make rules and regulations governing the control and management of the maintenance department and water system as may be deemed necessary. (Ord. 655 § 1, 2006; Ord. 319 § 21, 1985)

13.05.190 Violations.

It shall be unlawful for any person, firm or corporation:

(1) To use the water supplied by the city for any premises other than that for which said person, firm or corporation pays rates;

(2) To permit water pipes or fixtures to remain in a leaky condition or to let water run to waste;

(3) To open, close, turn on or off or interfere with, or to attach or connect with anything belonging to the water system owned by the city;

(4) To disturb any pipe, fixture, machinery or tools belonging to the water department;

(5) To throw any substance in the reservoir or water system or to permit any animals of any kind to stand in or about any portion of the water system so as to contaminate the water supply of the city. (Ord. 655 § 1, 2006; Ord. 319 § 22, 1985)

13.05.200 After hours and weekend service – Extra fee.

Any person who shall request water turned off or on after hours or weekends shall pay a service charge as set forth in the current city fee schedule resolution. (Ord. 655 § 1, 2006; Ord. 319 § 23, 1985)

13.05.210 Combined water and sewer billing – Due date – Late charges.

The provisions of this title (water, sewer and late charges), insofar as they are inconsistent, are hereby amended to provide that the city of Entiat, effective May 29, 1987, shall issue combined water/sewer bills to all customers on the last working day of each month, which shall be due and payable on or before the twenty-fifth day of the following month. Any unpaid balance remaining after the twenty-fifth day of the following month shall incur a late charge as set forth in the current city fee schedule resolution. A shut-off notice will be issued to the resident and/or property owner when account becomes 30 days delinquent. (Ord. 655 § 1, 2006; Ord. 336, 1987; Ord. 335, 1987)

13.05.220 Private fire protection rates.

Private fire protection rates or fees, whether inside or outside the corporate limits of the city of Entiat, shall be set by fee resolution. (Ord. 655 § 1, 2006; Ord. 358, 1989)

13.05.230 Private system – Wells.

(1) When Prohibited. Whenever a public water system is connected to service a residential lot or commercial unit in compliance with this title, and such residential lot or commercial unit is being serviced by a private system, the private system shall be abandoned and no connection between a private system and public system shall be allowed.

(2) Permit Required.

(a) No person shall construct or commence the construction of a private water system without first obtaining a written permit from the city clerk-treasurer and having the permit approved by the public works director and/or his/her designee. Approval shall be based on the following conditions:

(i) There must be no public water system within 200 feet of the property to be served.

(ii) Any public water system within 200 feet of the property to be served shall not have the capacity to handle the property’s water needs; provided, that any decision by the public works director and/or designee that there is not sufficient capacity must be concurred by the majority of the council and the concurrence must be recorded in the city meeting minutes.

(b) The issuance of such a permit shall not be deemed to be a waiver of any requirement for private water systems created by Chelan County or the state.

(c) Whenever a public water system becomes available to a property upon a lot or parcel serviced by an existing private water system that meets state and county requirements, a direct connection may, at the election of the owner, be made to the public water system in compliance with this chapter. If, at any time, the existing private water system fails to meet state and county water quality and control requirements, the owner shall make connection to the public water system in the manner provided by this chapter. Any owner with property served by a private water system desiring to connect to the public water system may do so upon payment of all required fees. The properties served by the public water system may maintain a prior existing water system or well used solely for the purpose of agriculture or irrigation. No intertie between the public water system and the private water system shall be permitted. (Ord. 784, 2018; Ord. 655 § 1, 2006)