Title 14
UTILITIES¹

Chapters:

14.01 General Regulations for Utilities

14.02 General Regulations for Sewer and Water

14.04 Water Regulations and Rates

14.08 Sewer Regulations and Rates

14.10 Surface Water Management

14.12 Gas Rates

14.14 Repealed

14.16 Cross-Connection Control Program

14.20 Latecomers Agreement

14.90 Low-Income Senior and Low-Income Disability Utility Discounts

Chapter 14.01
GENERAL REGULATIONS FOR UTILITIES

Sections:

14.01.010 Utility payments.

14.01.020 Charge for check payment drawn upon NSF or a closed account.

14.01.030 Cost of relocating existing service.

14.01.040 Turn on or turn off order.

14.01.050 Meter testing – Charges.

14.01.060 Condemned buildings.

14.01.070 Tampering with system prohibited – Penalty.

14.01.080 Transfer of account.

14.01.090 Repealed.

14.01.100 Average monthly payment plan.

14.01.110 Owner responsibility.

14.01.010 Utility payments.

Utility bills issued by the city for gas, water, sewer and garbage services shall be due upon receipt. If payment is not received within 15 days from the billing date, the account shall become delinquent and a notice shall be sent to the customer noting the balance due on the account and giving 10 days to pay the bill before services may be disconnected. Interest on the amount delinquent shall be established by resolution. (Ord. 2325 § 1, 2006; Ord. 2262 § 1, 2005; Ord. 1618 § 1, 1989; Ord. 1458 § 2, 1984; Ord. 1456 § 1, 1984; Ord. 1366 § 2, 1982; Ord. 1208 § 1, 1977; 1958 Code § 7.08.070).

14.01.020 Charge for check payment drawn upon NSF or a closed account.

There is established a service charge in an amount established and amended from time to time by resolution that is to be billed to any customer whose utilities’ check to the city is returned by a bank because that customer does not have sufficient funds to cover the check or the customer’s bank account is closed, and this service charge shall not affect any other statutory rights, civil and/or criminal, the city may have by virtue of receiving such check and the city’s right of action thereon. (Ord. 1458 § 3, 1984; Ord. 1366 § 2, 1982; Ord. 1284 § 1, 1979).

14.01.030 Cost of relocating existing service.

The city shall charge the actual time and material cost for the relocation of existing service of any city utility at the owner’s request. The estimated cost is payable in advance and will be adjusted upon completion. (Ord. 1458 § 4, 1984; Ord. 1407 § 4, 1983; 1958 Code § 7.04.130).

14.01.040 Turn on or turn off order.

A. A written “turn on” or “turn off” order by the owner or his authorized agent must be given to the utility department.

B. Should the utility be turned on for the premises by anyone excepting the proper officers or employees of the city, or those acting by permission of the city, after it has been turned off, at the city stop cock, the service will be discontinued and shall not be turned on again except on payment of a charge as established and amended from time to time by resolution of the city council. (Ord. 1458 § 5, 1984; Ord. 1407 § 5, 1983; Ord. 1366 §§ 2, 3, 1982; Ord. 1158 § 2, 1975; 1958 Code § 7.04.210).

14.01.050 Meter testing – Charges.

A. Where the accuracy of the record of a utility meter is questioned, it shall be removed at the customer’s request (not oftener than once in 12 months) and shall be tested and a report hereon duly made. For each text request by any customer in excess of the one in 12 months, the following rules will apply.

B. If the test discloses an error against the customer of more than three percent in the meter’s registry, the excess consumption of the three previous readings shall be credited to the customer’s meter account and the city will bear the expense of the test, and the deposit required as hereinafter prescribed shall be returned; on the other hand, where no such error is found, the person that has requested the test shall pay the charge fixed for such test. Before making a test of any meter as provided above, the person requesting such test shall, at the time of filing his request with the utility department, make a deposit of the amount charged for such test, subject to the conditions herein stated; such charges are fixed as established and amended from time to time by resolution of the city council. No meter shall be removed or in any way disturbed or the seal broken except in the presence or under the direction of the superintendent. (Ord. 1458 § 6, 1984; Ord. 1366 § 2, 1982; 1958 Code § 7.04.290).

14.01.060 Condemned buildings.

The utility department shall discontinue utility service to any building condemned as unsafe or uninhabitable by the city building inspector or health officer until the condition is abated. (Ord. 1458 § 7, 1984; Ord. 1407 § 6, 1983; 1958 Code § 7.04.050).

14.01.070 Tampering with system prohibited – Penalty.

It is unlawful for any person intentionally to break, deface or damage any utility meter, gate, pipe or other utility works, appliance or fixture or in any other manner interfere with the proper operation of any part of the utility system of the city or any person that turns on a city utility without the permission of the city and/or otherwise uses a utility without paying compensation for such use to the city, and anyone found violating any one of these provisions is guilty of a misdemeanor and upon conviction shall be punished as provided in Chapter 1.08 EMC. (Ord. 1458 § 8, 1984; Ord. 1079 § 2, 1973; 1958 Code § 7.04.280).

14.01.080 Transfer of account.

There shall be a charge as established by a resolution of the city and amendments thereto for utility service transferred from one individual or entity to another; provided, such charge shall be levied once for all utilities charged to the same account rather than for each utility. (Ord. 1458 § 9, 1984; Ord. 1242 § 1, 1978).

14.01.090 Low-income elderly rate.

Repealed by Ord. 1875. (Ord. 1769 §§ 2, 3, 1992).

14.01.100 Average monthly payment plan.

A. A utility customer of the city may pay for their utility charges in an alternative payment option referred to as the “average monthly payment plan.”

B. The average monthly payment plan shall estimate the customer’s annual utility charges and spread those charges among the remaining months in the “plan year.”

C. Only utility customers in good standing may apply for the average monthly payment plan. “In good standing” is defined as customers whose:

1. Account is current;

2. Have not received a shutoff notice in the previous six months;

3. Have been at the current address for which the average monthly payment plan will be applied for the previous six months.

The average monthly payment plan will run yearly from July 1st to June 30th. Open enrollment will be from May through September of each year. Settlement of accounts will occur by June 30th of each year.

D. A utility customer who is not the owner of the real estate being serviced by the utility must include with their application an executed authorization from the property owner of the property serviced by the utility wherein such property owner, in writing, authorizes the utility customer to participate in the average monthly payment plan and which shall confirm the understanding by the property owner that the property owner shall have liability if the utility customer does not make its payments.

E. In the determination of the monthly payment, the past 12 months’ billing history will be utilized for the same address in which the utility service is provided.

The monthly payment for the average monthly payment plan shall be determined by dividing the estimated billing by the remaining number of months and rounding off to the nearest dollar. The customer shall pay this amount through May. The customer shall pay in June, which shall be referred to as the “adjustment month,” the excess of the actual charges over the sum of the payments made. The customer will be refunded any credit balance existing or may apply the credit to their account. The credit shall be applied to their account unless the customer requests a refund.

F. In the event the utility rates are increased, or if there is unusual utility consumption by the customer over a similar period, the city may, in its sole discretion, revise the monthly payment in a manner to eliminate exceptional balances owing in the adjustment month.

G. The average monthly payment plan application applies to a 12-month period. It will automatically renew for the next year unless the customer contacts the city.

H. For any average monthly payment plan customer who receives energy assistance from the Department of Social and Health Services, or any other form of subsidy, such amounts will not affect the calculation or the payment of the average monthly payment plan.

I. If a customer fails to make any monthly payment under the average monthly plan at the time it is due, the city may at its discretion remove the customer from the average monthly payment plan and/or may disconnect the utility service. In the event the city elects to disconnect the utility service, it shall not be restored until the delinquent payments and penalty charges are paid in full. A customer who becomes delinquent in the monthly payment plan, and is removed from the plan by the city, will not be eligible to reapply for the average monthly payment plan until the following open enrollment period. (Ord. 2348 §§ 1 – 9, 2007).

14.01.110 Owner responsibility.

A. All city utility accounts shall be kept on the books of the city in the name of the owner of that real property serviced by utilities, and the owner shall be responsible for the payment of utilities provided.

B. Utility accounts may be put in the name of a residential or commercial tenant only upon either: written authorization by the property owner and a guarantee of payment by the property owner on a standard form as provided by the city, or a deposit from the tenant.

C. Deposits shall be two times the average monthly bill for the last 12 months as calculated by the city. No customer shall be provided with utility service until such deposit has been made. The utility deposit shall be returnable to the customer when the account is closed, less payment in full of all charges.

D. Utility accounts currently in the name of a tenant shall remain in that tenant’s name for that specific piece of property until that tenant vacates that specific piece of property; then, at that time, the account shall be transferred to the owner/landlord’s name, and the owner/landlord shall be responsible for all utilities provided to the property. (Ord. 2352 § 1, 2007).

Chapter 14.02
GENERAL REGULATIONS FOR SEWER AND WATER

Sections:

14.02.010 Adjustment of water and sewer bills due to leaks – Commercial, agricultural and multifamily residential (five or more units).

14.02.020 Adjustment of water and sewer bills due to leaks – Single-family residential, multifamily residential (four or less units).

14.02.030 Charges – Lien upon property.

14.02.050 Charges and assessments for connections – Lien.

14.02.060 Water cut off to enforce lien.

14.02.070 Receipts paid into fund.

14.02.010 Adjustment of water and sewer bills due to leaks – Commercial, agricultural and multifamily residential (five or more units).

A. Where a substantial increase in a water bill is occasioned to the owner or recipient of water because of a leak between the meter and across private property to the building receiving same, which necessitates a substantial additional expense to the recipient and/or owner over and above the average bill, that the customer, that is, recipient and/or owner, may arrange for an extended period with the city utility department to pay the amount of the bill that exceeds their average bill for that period, which extended period shall not exceed a period of six months from the date of the additional obligation. Interest will be charged on the balance as established by resolution.

B. As commercial sewer bills are based on water consumption, commercial customers are entitled to a billing adjustment for sewer charges above normal or average consumption due to a water leak. The adjustment will be determined administratively, based on volumes consumed above normal or average consumption, as determined by historical usages for the leakage period from the previous year’s billings for a period beginning no more than 60 days prior to the notification of the leak and ending when the leak is repaired.

C. The above adjustments for leaks or failure of private water systems located on private property are conditioned upon verification of the system or leak repair within 30 days of notification to the city that the leak exists or has occurred. Verification can either be by inspection of the repair by the city staff or rendering of paid invoices for repairs of the private system.

D. The change in subsection B of this section shall be retroactive to the billing period beginning January 1, 2006. (Ord. 2310 §§ 1, 2, 2006; Ord. 2292 § 1, 2006; Ord. 1285 § 1, 1979).

14.02.020 Adjustment of water and sewer bills due to leaks – Single-family residential, multifamily residential (four or less units).

A. In the event a leak or failure of a private water system located on private property results in excess consumption, the city may, through administrative determination, provide for a billing adjustment through a credit of 50 percent of the volumes consumed above normal or average consumption, as determined by historical usages for the leakage from the previous year’s billings for a period beginning no more than 60 days prior to the notification of the leak and ending when the leak is repaired. This 50 percent adjustment is allowed one time in any one-year period per property.

B. The customer is also entitled to a one-time-for-a-specific-property allowance for a break or leak, wherein when exercised the bill will be adjusted to a normal average consumption, as determined by historical usage for the leakage period from the previous year’s billings, for a period beginning no more than 60 days prior to the notification of the leak and ending when the leak is repaired. A specific customer is allowed one 100 percent exemption per account.

C. The above adjustments for leaks or failure of private water systems located on private property are conditioned upon verification of the system or leak repair within 30 days of notification to the city that the leak exists or has occurred. Verification can either be by inspection of the repair by the city staff or rendering of paid invoices for repairs of the private system.

D. Where a substantial increase in a water bill is occasioned to the owner or recipient of water because of a leak, which necessitates a substantial additional expense to the recipient and/or owner over and above the average bill, and all other city adjustments have been exhausted, the recipient/owner may arrange for an extended period with the city utility department to pay the amount of the bill exceeding their average bill for that period, which extended period shall not exceed a period of six months from the date of the additional obligation. Interest will be charged on the balance as established by resolution.

E. As residential sewer bills are based partly on water consumption (effective January 1, 2007), specifically winter water use or the average monthly consumption from November through April, single-family residential customers are entitled to a billing adjustment for volumetric sewer charges above average consumption due to a water leak. The adjustment will be determined administratively, based on volumes consumed above normal or average consumption, as determined by historical usages for the leakage period from the previous year’s winter water use for a period beginning no more than six months prior to the notification of the leak and ending when the leak is repaired. In the event the leakage period includes the previous winter water use period, the city may administratively apply the average consumption for the customer’s class or wait for the customer’s consumption history to reflect their normal consumption after the leak repair.

F. The change in subsection E of this section shall be retroactive to the billing period beginning January 1, 2007. (Ord. 2377 §§ 1, 2, 2007; Ord. 2292 § 1, 2006; Ord. 1944 § 1, 1997; Ord. 1890 §§ 1, 2, 1996).

14.02.030 Charges – Lien upon property.

All charges for water and sewerage service, for connections therefor, and all charges for turning water on after the same has been cut off as hereinafter provided, together with the penalties and interest thereon as provided in this title, shall be a lien upon the property upon which such connection is made or water or sewerage service rendered, respectively, superior to all other liens or encumbrances whatsoever except those for general taxes and special assessments.

Enforcement of such lien or liens shall be as in the manner provided by law for the enforcement of the same for delinquent water and sewerage service charges. (1958 Code § 7.08.060).

14.02.050 Charges and assessments for connections – Lien.

All charges and assessments for sewage connections, whether heretofore or hereafter made, shall be computed and determined by the city utility supervisor and city treasurer, as hereinbefore provided, and they shall be paid to the city treasurer within 60 days after notification thereof in writing by the city treasurer, and if they are not paid within said time, they shall become a lien against the property to be filed and enforced according to law. (1958 Code § 7.08.110).

14.02.060 Water cut off to enforce lien.

As an additional and convenient method of enforcing said lien of the city for sewage benefits, the utility supervisor of the city is authorized and directed, at the end of 60 days after notice given to pay charges or assessments for benefits as provided in EMC 14.02.050, to cut off water services from the premises to which sewage services have been furnished, and water service shall remain cut off until all charges, plus any penalties and interest, together with an additional sum as established and amended from time to time by resolution of the city council for turning the water on, are paid. (Ord. 1366 § 2, 1982; 1958 Code § 7.08.120).

14.02.070 Receipts paid into fund.

All moneys collected as hereinbefore provided by the city clerk/treasurer, shall be paid in the fund known and designated as “water and sewer revenue fund,” which moneys shall be used as the city council, or ordinance of the city, decides. (1958 Code § 7.08.130).

Chapter 14.04
WATER REGULATIONS AND RATES

Sections:

14.04.010 Rules established.

14.04.020 Definitions.

14.04.030 Application for use of water – Fee.

14.04.040 Installation of service – Cost.

14.04.050 Persons debarred from doing plumbing work.

14.04.055 Shutoff valve required.

14.04.060 Check valves or backflow prevention devices.

14.04.090 Meter – Ownership.

14.04.100 Accounts – How kept.

14.04.110 Multiple service – Separate service – Shutoffs.

14.04.130 Interruption of service – Boilers and hydraulic devices.

14.04.140 Wasting water – Penalty.

14.04.150 Owners responsible for leakage from service pipes.

14.04.160 Access to meters and fixtures.

14.04.170 Customer classes.

14.04.180 Rules.

14.04.190 Rates and charges for water.

14.04.195 Capital facilities charges.

14.04.200 Utility tax on water.

14.04.010 Rules established.

The rules and regulations in this chapter are established for fixing, regulating and controlling the use and price of water supplied by the city to its patrons. (1958 Code § 7.04.010).

14.04.020 Definitions.

“Superintendent” wherever used in this chapter means the superintendent of water works of the city, and any act in this chapter required to be done by the superintendent may be done on behalf of the superintendent by any authorized officer or employee of the city.

“Person” wherever used in this chapter means and includes natural persons of either sex, associations, copartnerships and corporations, whether acting by themselves or by a servant, agent or employee.

The singular number includes the plural and the masculine pronoun includes the feminine. (1958 Code § 7.04.010).

14.04.030 Application for use of water – Fee.

All applications for the use of water shall be made at the office of the water department by the

owner or authorized agent of the owner, on printed forms furnished for that purpose, and shall contain the name, description of lot, block and addition, name of street upon which property fronts, also the corresponding official house number assigned to the premises as shown by the records in the office of the city engineer, and if the application be for a first or original connection with a new building, it shall also be accompanied by a certificate from the building inspector of the city that the building complies in every respect with all ordinances of the city relating to the construction, removal, alteration, repair, maintenance or use of buildings within the city. Before issuing any such certificate, it shall be the duty of the building inspector to thoroughly inspect the building and ascertain that it complies fully and in every respect with all such ordinances. He shall collect from the applicant at the time of making such inspection, a fee as established and amended from time to time by resolution of the city council, which he shall retain as compensation for his services in making the inspection and issuing the certificate. No application shall be received by the water department, unless accompanied by the certificate. Each applicant shall also agree to conform to the rules and regulations which the city may establish from time to time as the condition for the use of water, which agreement shall be contained in the application. (Ord. 1366 § 2, 1982; 1958 Code § 7.04.020).

14.04.040 Installation of service – Cost.

A. The installation of service pipes extending from the main to the curb cock or meter inside of the curb line, together with the necessary labor and materials for such construction, shall be made by the water department.

B. All pipes and connections from the city’s stop cock located in or over the sidewalk shall be put in at the expense of the owner, who will be responsible for all damages resulting from leaks and breaks.

C. All pipes leading from the city’s stop cock shall be laid not less than 18 inches below the surface of the ground and no work shall be covered up until it has been inspected and accepted by the city’s inspector.

D. Connection costs for waterline shall be as established and amended from time to time by the city council. This charge is a capital facilities charge and is in addition to any and all other expenses incurred by the property owner, others, or the city. It does not include charges for meter installation.

E. Deleted by Ord. 2295.

F. Meter Setting Charges.

1. New Plats or Subdivisions. The developer shall install the service line from the main to the property line according to city inspection and specifications including corporation stop, line, meter setter and box. The city will set a five-eighths-inch meter for a fee as established and amended from time to time by resolution of the city council or one-inch meter for a fee as established and amended from time to time by resolution of the city council.

2. Individual New Connections. The city will make the installation for the charges as established and amended from time to time by resolution of the city council. All other meter size installations will be charged for time and materials. (Ord. 2295 § 2, 2005; Ord. 1490 § 1, 1985; Ord. 1407 § 1, 1983; Ord. 1366 § 2, 1982; Ord. 1286 § 1, 1979; Ord. 1282 § 1, 1979; Ord. 1158 § 1, 1975; 1958 Code § 7.04.110).

14.04.050 Persons debarred from doing plumbing work.

Plumbers or other persons failing to perform their work according to established rules and regulations or executing it unskillfully or to the damage of the water department may be debarred temporarily or permanently from making connections or doing any work on fixtures or pipes leading from the city’s mains. (1958 Code § 7.04.190).

14.04.055 Shutoff valve required.

Before water is turned on to any premises the service on the property owner’s side must have its own shutoff valve. (Ord. 1407 § 2, 1983; 1958 Code § 7.04.120).

14.04.060 Check valves or backflow prevention devices.

The water department has the right to order the installation of check valves or backflow prevention devices on services where necessary to protect the city’s water from contamination. The number, location and type shall be determined by the water department. The water department shall discontinue water service if the installation has not been made within 10 days after written notice has been served. (Ord. 1407 § 3, 1983; 1958 Code § 7.04.130).

14.04.090 Meter – Ownership.

All meters inside the city’s limits shall be supplied by the city at the expense of the water department and remain the property of the city, and shall be removed whenever the water department decides to do so; provided, that if meter is over three-fourths-inch diameter the applicant may be required to pay the difference in cost between the three-fourths-inch meter and the meter desired. All meters outside the city limits shall be owned by the city except those owned by private water companies. (Ord. 1158 § 3, 1975; 1958 Code § 7.04.150).

14.04.100 Accounts – How kept.

All water rates will be charged against the property to which it is furnished and against the owner thereof. Accounts for water shall be kept in the name of the owner of the property and not in the name of the tenant; and the owner only or his legally authorized agent shall be held responsible for water rates; provided, that persons holding property under written lease may, on written application to the water department be supplied on their own account where it is more convenient than to keep the account in the name of the owner, but the owner shall not be released from the responsibility and must pay in case the agent or tenant refuses or neglects to do so. (1958 Code § 7.04.070).

14.04.110 Multiple service – Separate service – Shutoffs.

Water meters are required for all services according to the following:

A. Commercial, industrial, office and apartment buildings (including duplexes) may have a single meter even though there may be multiple tenants.

1. The account may be in the name of a single individual or a company or separate accounts for each tenant may be established and each charged no less than the minimum.

2. Where separate accounts have been established, the city maintains the authority to shut off the original or main service for a violation of the provisions of this chapter or delinquent payment by any of the tenants.

3. The city may require separate services and meters for each occupancy.

B. Single-family dwellings must each pay for and maintain the separate connection and meter even if under common ownership. This includes “mother-in-law” dwellings or any other detached unit on the same or adjacent property; except a dwelling wherein the residences are agricultural employees, working on the farm in which the connection and meter is to, in which case such dwelling is not required to have a separate connection and meter. (Ord. 1597 § 1, 1988; 1958 Code § 7.04.100).

14.04.130 Interruption of service – Boilers and hydraulic devices.

The water may at any time be shut off from the city’s mains without notice for the purpose of making repairs, extensions or any other necessary work. Persons having boilers supplied by direct pressure from the mains are cautioned against danger of explosion or collapse. The city shall not be responsible for the safety of the boilers on the premises of any water consumer, nor will the city be responsible on account of the interruption in operating any hydraulically operated appliance or cooling device. (1958 Code § 7.04.260).

14.04.140 Wasting water – Penalty.

It is unlawful for any person whether on a flat rate or meter to waste water or allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or to use water closets without self-closing valves, or to allow any fixture to run open to prevent freezing, or for any other reason to use the water for purposes other than those named in the application upon which rates for water are based, or to use it in violation of the city’s ordinances, regulating use of water. The willful wasting of water is a misdemeanor, punishable as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 7.04.200).

14.04.150 Owners responsible for leakage from service pipes.

Owners of services are responsible for all leaks or damages on account of leaks from the service pipes leading from the city’s stop and waste cock or meter to the premises served. (1958 Code § 7.04.140).

14.04.160 Access to meters and fixtures.

The proper officers and employees of the city shall have access at proper hours of the day, in accordance with Chapter 1.12 EMC, to all parts of buildings in which water may be delivered from the city’s mains, for the purpose of ascertaining the number of rooms and families in the house or inspecting the condition of the pipes and fixtures and the manner in which the water is used. The officials of the city shall have access, in accordance with Chapter 1.12 EMC, to all stop cocks and water meter covers. All persons are prohibited from piling rubbish or material of any kind thereon. (1958 Code § 7.04.270).

14.04.170 Customer classes.

A. Single-Family Residential. This customer class shall consist exclusively of single-family, detached residences, regardless of zoning, where the consumption of water is for purposes consistent with residential use.

B. Multifamily Residential. This customer class shall include duplexes, triplexes, fourplexes, apartments of five or more units, mobile home parks and group quarters.

C. Commercial. This customer class shall include all nonresidential and nonagricultural uses. Mixed-use developments with both a residential and nonresidential component using the same meter shall be considered commercial. Irrigation meter services shall be considered commercial.

D. Agriculture. This customer class shall be engaged in agricultural production. Agricultural production shall be verified by the customer by presenting the following documentation:

1. A copy of the customer’s most recently completed IRS farm tax return.

2. Verification that the customer’s agricultural operation is designated as an agricultural operation, for property tax purposes, by King County.

Separately metered residences on the same property as an agriculture account shall be classified as residential.

E. Wholesale. Customers in this class are primarily those systems that act as purveyors of water to other customers and shall be defined on a case-by-case basis and shall be subject to a wholesale service agreement approved by the city council. (Ord. 2306 § 1, 2006; Ord. 2295 § 3, 2005).

14.04.180 Rules.

A. The city reserves the right, at the discretion of its council, to discontinue the supply of water to any or all premises outside the corporate limits of the city, upon giving six months’ notice of intention to do so.

B. Developers of plats or subdivisions outside city limits who intend to incorporate the finished system into the city system must submit plans for proposed water systems to utility supervisor for approval. If corrections are required, plans must be resubmitted to utility supervisor before final approval.

C. County road crews, contractors or other persons desiring to use water from city fire hydrants shall first obtain authorization from the water department. The department will designate the hydrants to be used and the hours of usage. Only standard hydrant wrenches shall be used.

D. Policy. It has been the policy of the city to encourage private contributions for the development of waterlines outside the city limits. These contributions are credited to the contributor as “shares” at the rate of one share for each contribution equal to the current city “hook-up” charge for water service outside the city limits. This is for the right to water only and does not include charges for the physical connection to the waterline or the setting of the water meter. In order to encourage the timely use of these shares they must be used within 10 years of date of issue. After that time they will be void. These shares are also to be used only on the line built with the cash contributed and for which they were issued. Shares are not redeemable in cash. (Ord. 1407 § 7, 1983; Ord. 1406 §§ 1, 2, 1983; Ord. 1158 § 6, 1975; 1958 Code §§ 7.04.330, 7.04.360, 7.04.370, 7.04.380).

14.04.190 Rates and charges for water.

A. Effective January 1, 2008, and thereafter, until adjusted herein, or as established by the city council:

1. The base charge for all customer classes per meter per month are fixed as follows:

Meter Size	Inside City Limits	Outside City Limits
5/8-inch x 3/4-inch	$11.37	$17.06
1-inch	$15.30	$22.95
1-1/2-inch	$21.84	$32.75
2-inch	$29.70	$44.55
3-inch	$50.88	$76.32
4-inch	$74.47	$111.70
6-inch	$139.93	$209.89
8-inch	$218.47	$327.69

2. The volume charge for each customer class within city limits per 100 cubic feet (CCF) are fixed as follows:

Inside City Limits
Customer Class	Block One (0 – 8 CCF)	Block Two (8 – 20 CCF)	Block Three (Over 20 CCF)	All Usage
Single-Family Residential	$1.62	$2.14	$2.66	NA
Low Income	$1.13	$1.50	$1.86	NA
Multifamily Residential	NA	NA	NA	$1.59
Commercial	NA	NA	NA	$1.83
Agriculture	NA	NA	NA	$1.20

Outside City Limits
Customer Class	Block One (0 – 8 CCF)	Block Two (8 – 20 CCF)	Block Three (Over 20 CCF)	All Usage
Single-Family Residential	$2.43	$3.21	$3.98	NA
Low Income	$1.70	$2.25	$2.79	NA
Multifamily Residential	NA	NA	NA	$2.39
Commercial	NA	NA	NA	$2.75
Agriculture	NA	NA	NA	$1.79

B. The rates and charges set forth in subsection A of this section shall be annually adjusted for inflation by the Consumer Price Index (CPI-U) for the Seattle-Tacoma-Bremerton area. This adjustment shall be effective January 1st of each year. Under no circumstances shall the rates and charges decrease as a result of the CPI adjustment, without separate and specific action by the city council.

C. Any home, business establishment, business or building using metered city water for all other purposes and having a separate water service for automatic sprinkler systems with detector meters for fire protection shall pay annually in advance for the detector meters by size as follows:

Meter Size	Inside City Limits	Outside City Limits
2-inch	$25.75	$58.40
3-inch	$47.00	$100.75
4-inch	$71.00	$148.50
6-inch	$137.00	$281.00
8-inch	$217.00	$440.00

(Ord. 2379 § 1, 2007; Ord. 2295 § 1, 2005; Ord. 2196 §§ 1, 2, 2003; Ord. 2155 §§ 1, 2, 2002; Ord. 2092 § 1, 2000; Ord. 2035 § 1, 1999; Ord. 1915 § 2, 1996; Ord. 1512 §§ 1 – 5, 1986; Ord. 1447 § 1, 1984; Ord. 1211 § 1, 1977; Ord. 1204 § 1, 1977; Ord. 1126 § 1, 1974; 1958 Code § 7.08.020).

14.04.195 Capital facilities charges.

A. A capital facilities charge (CFC) shall be levied for each new water service connection to the city water system and for a service upgrade requiring a larger meter. The CFC is a fee based on an equitable share of the cost of the existing water system, and future facilities necessary to accommodate projected growth. This fee is established pursuant to RCW 35.92.025 and this chapter.

B. Retail services will be charged based on meter size as follows:

Meter Size	Meter Capacity	Inside City Limits	Outside City Limits
5/8-inch x 3/4-inch	1.0	$3,110	$10,457
1-inch	2.5	$7,775	$26,142
1-1/2-inch	5.0	$15,549	$52,283
2-inch	8.0	$24,879	$83,653
3-inch	16	$49,758	$167,307
4-inch	25	$77,747	$261,417
6-inch	50	$155,493	$522,834
8-inch	80	$248,789	$836,534

C. The rates and charges set forth in subsection B of this section shall be annually adjusted for inflation by the Construction Cost Index for the Washington State/Seattle area. This adjustment shall be effective January 1st of each year. Under no circumstances shall the rates and charges decrease as a result of the adjustment, without separate and specific action by the city council.

D. CFC Exemptions. New water service connections dedicated exclusively for fire protection purposes shall be exempt from payment of the CFC. The conversion of a dedicated fire service to a service for use other than exclusively for fire protection shall require the payment of the CFC as provided in subsection B of this section.

E. Existing Facilities. An additional CFC will not be required when additional living units are being added, provided the additional demand will not cause the meter to operate beyond design specifications.

F. Credit policy for retail customers previously or currently metered:

1. When a request or requirement for a larger meter is made, a CFC credit for the old meter would be the current published CFC amount.

2. Credit shall be given for inactive or previously removed meters that can be verified by utility records.

3. Credits as computed will be subtracted from the determined CFC amount. If an available credit exceeds the CFC amount, the balance shall remain with the parcel previously receiving water service. No refunds shall be allowed for the amount of this credit.

4. All CFC credits are nontransferable unless parcels are combined to facilitate redevelopment. (Ord. 2379 § 2, 2007; Ord. 2295 § 4, 2005).

14.04.200 Utility tax on water.

An eight percent utility tax shall be applied to the water utility gross receipts. Gross receipts consists of those moneys received from charges as set forth in EMC 14.04.190. (Ord. 1772 § 1, 1993).

Chapter 14.08
SEWER REGULATIONS AND RATES

Sections:

14.08.010 Requirements.

14.08.030 Classes of sewerage service – Service charge.

14.08.035 Utility tax on sewer.

14.08.040 Repealed.

14.08.050 Penalty for violation of EMC 14.08.040.

14.08.200 Sewer connections required – Use of sewer.

14.08.210 Area to be served.

14.08.220 Permanent connections.

14.08.230 Failure to connect.

14.08.240 Water and wastewater discharge restrictions.

14.08.250 Required disconnection from public sewer.

14.08.260 Connection permit.

14.08.270 Contents of permit application.

14.08.280 Capital facilities charges.

14.08.290 Sewer lateral (side sewer) charges.

14.08.300 Connections – Method.

14.08.310 Inspection and approval by city building inspector.

14.08.320 Excavations.

14.08.330 Delay in work.

14.08.340 Inspection of work.

14.08.350 Right of access to inspect – Order to comply.

14.08.360 Penalty for violations.

14.08.010 Requirements.

A. The owner of each lot or parcel of real property not already connected to the present sewerage system of the city but within the area now served and to be served by the system as improved, upon which such lot or parcel of property there is situated any building or structure for human occupation or use for any purpose, shall, within 90 days after the publication in the official city newspaper of a notice signed by the mayor for connections to be made therewith, cause a connection to be made between the sewer and each such building or structure; provided, where more than one such building is located on a lot or parcel of land not larger than 50 feet in width and 100 feet in depth and all such buildings may be served by one sewer connection, that only one connection for such buildings need be made. All premises upon which any portion of any building is situated within 200 feet of a sewer line shall be deemed to be within the area served by the sewerage system. All connections to the system heretofore constructed and made shall be maintained in a sanitary and watertight condition. All connections made hereafter shall be made in a permanent and sanitary manner, subject to the approval of the sewer superintendent and shall be sufficient to carry all sewage and waste fluids of every kind from the building into the sewerage system, and each toilet, sink, stationary washstand or any other piece or type of equipment having waste fluids shall be connected with the sewerage system; provided that where the building or structure has not been completed before the publication of such notice, connections shall be made on or before the completion of such building or structure and before any use or occupancy thereof.

B. If any such connection or any needed repair to an existing connection is not made within the time herein provided, the water superintendent of the city, or such other employee as the city council hereafter designates, is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the city clerk, and thereupon a warrant shall be issued under the direction of the city council, by the city treasurer and against the water and sewer revenue fund created by this chapter for the payment of such cost. Such amount, together with a penalty of 10 percent per year upon the total amount of such cost and penalty, shall be assessed against the property upon which the building or structure is situated, and shall become a lien thereon as herein provided, such total amount, when collected, shall be paid into the water and sewer revenue fund. (1958 Code § 7.08.010).

14.08.030 Classes of sewerage service – Service charge.

A. Definitions.

1. “Collection system” means the system of public sewers to be operated by the city, designed for the collection of sanitary sewage.

2. “Equivalent residential unit,” or “ERU,” means that measure of sewer capacity equal to 900 cubic feet of water usage per month, or roughly equivalent to a single-family residence.

3. “Operation and maintenance” means all activities, goods and services which are necessary to maintain proper capacity and performance of the treatment works for which such works were designed and constructed.

4. “Person” means any individual, firm, company, association, society, corporation, or group.

5. “Replacement” means acquisition and installation of equipment, accessories, or appurtenances which are necessary during the service life of the treatment works to maintain the capacity and performance for which such works were designed and constructed.

6. “Service area” means all the area served by the treatment works and for which there is one uniform user charge system.

7. “Sewage” means a combination of water-carried wastes from residences, business buildings, institutions, commercial and industrial establishments, together with such ground, surface and storm waters as may be present.

8. “Sewage treatment plant” means an arrangement of devices and structures used for treating sewage.

9. “Treatment works” means all facilities for collecting, pumping, treating and disposing of sewage.

10. User Charges. User charges shall be levied on all users of the public treatment works which shall cover the costs of operation and maintenance, debt service, taxes, and administration and all other costs associated with such treatment works. The user charge system shall distribute these costs in proportion to each user’s contribution to the wastewater loading of the treatment works.

The wastewater characteristics which influence the cost of operation and maintenance are flow (including inflow and infiltration), biochemical oxygen demand (BOD) and suspended solids (SS). Customer service charges are another cost component of operation and maintenance of the utility.

User charges shall be calculated based on monthly water meter reading as a base. The result shall be rounded upward to the nearest 100 cubic feet (CF) and divided by 100. The resulting answer will then be multiplied by the unit charge per 100 CF for each user class and unit charge for each user.

The unit charges for all classes of users shall be calculated from each user or user class contribution of flow, BOD and SS multiplied times the cost allocated to each unit of flow, BOD and SS. The total annual costs are allocated to customer base charge, flow, BOD and SS accordingly. The unit cost allocated to each unit of flow, BOD and SS is calculated by dividing the total number of units of flow, BOD and SS into the cost allocated to each charge.

B. Calculations of User Charges. User charges shall be reviewed annually and revised if necessary to ensure compliance with the Federal Regulations, 40 CFR, Section 35.929-2(b).

To calculate the charges: First the total annual cost is estimated and allocated to customer base charge, flow, BOD and SS. Second, the total flow and waste loadings are determined and the cost per unit of flow, BOD and SS are calculated per 100 CF. Third, charges for all classes of users are calculated from these unit costs.

For 2007:

1. Total estimated annual cost = $2,388,105

Customer allocation = $2,388,105 x 26.1% = $622,678

Flow allocation = $2,388,105 x 28.6% = $682,873

I & I allocation = $2,388,105 x 15.3% = $364,199

BOD allocation = $2,388,105 x 15.0% = $359,178

SS allocation = $2,388,105 x 15.0% = $359,178

2. Total flows and loadings:

Flow* = 3,916,400 CF/month

BOD = 1,900 lb/day

SS = 2,000 lb/day

*Flow is determined from metered water volume.

Cost/Unit:
Base Customer Charge:
Cost/unit =	$622,678	= $12.57/unit
	(12 mo/yr)
	(4,126 units/mo)
Flow:
Cost/100 CCF =	$682,873	= $1.4530/CCF
	(12 mo/yr)
	(39,164 CCF/mo)
I & I:
Cost/100 CCF =	$364,199	= $0.7749/CCF
	(12 mo/yr)
	(39,164 CCF/mo)
BOD:
Cost/100 CCF =	$359,178	= $0.7643/CCF
	(12 mo/yr)
	(39,164 CCF/mo)
SS:
Cost/100 CCF =	$359,178	= $0.7643/CCF
	(12 mo/yr)
	(39,164 CCF/mo)

C. Charges for each class:

1. Effective January 1, 2006, the following rates and charges shall apply:

Customer Class	Base Charge per Month	Volume Charge per CCF
Single-family residential	$31.50	N/A
Multifamily residential (2 to 4 units)	$31.50 per living unit	N/A
Multifamily residential (4+ units)	$125.98	$3.51
Commercial
Business	$31.50	$3.51
Hotels and motels	$125.98	$3.51
Schools	$62.99	$3.51
Service station	$62.99	$3.51
Low income	$22.05	N/A

2. Effective January 1, 2007, the following rates and charges shall apply:

Customer Class	Base Charge per Month	Volume Charge per CCF
Single-family residential	$12.71	$3.78
Multifamily residential (2 to 4 units)	$12.71	$3.78
Multifamily residential (4+ units)	$12.71	$3.78
Commercial
Business	$12.71	$3.78
Hotels and motels	$12.71	$3.78
Schools	$12.71	$3.78
Service station	$12.71	$3.78
Low income	$8.90	$2.65

3. Effective January 1, 2008, the following rates and charges shall apply:

Customer Class	Base Charge per Month	Volume Charge per CCF
Single-family residential	$16.14	$4.80
Multifamily residential (2 to 4 units)	$16.14	$4.80
Multifamily residential (4+ units)	$16.14	$4.80
Commercial
Business	$16.14	$4.80
Hotels and motels	$16.14	$4.80
Schools	$16.14	$4.80
Service station	$16.14	$4.80
Low income	$11.30	$3.36

4. Volume charges for the single-family residential customer class shall be based upon average monthly metered water consumption for the meter reading period most closely associated with November 1st through the subsequent April 30th, or winter water use. For new accounts or customers without a winter water use history, the average winter water use of the single-family residential customer class shall be used until such time the account has its own said history.

D. Appeal.

1. Should any user believe that a portion of his metered flow larger than 10 percent is not discharged into the sewage system, he should make written application to the city engineer for review of the user’s flow of wastewater. Should the city engineer agree that charges for the user be adjusted, he should so notify the city council, who may approve such change and direct a recomputation of the user’s sewer rates.

2. Should the city engineer not agree in adjustment of user charges, the user may further appeal to the city council who may direct further study.

E. The rates and charges set forth in subsection (C)(3) of this section shall be annually adjusted for inflation by the Consumer Price Index (CPI-U) for the Seattle-Tacoma-Bremerton area. This adjustment shall be effective January 1st of each year beginning January 1, 2009. Under no circumstances shall the rates and charges decrease as a result of the CPI adjustment, without separate and specific action by the city council. (Ord. 2294 § 1, 2005; Ord. 2007 § 1, 1999; Ord. 1958 § 1, 1997; Ord. 1922 § 2, 1996; Ord. 1838 § 1, 1995; Ord. 1706 § 1, 1991; Ord. 1407 § 8, 1983; Ord. 1406 § 1, 1983; Ord. 1299 §§ 1, 2, 1979; Ord. 1209 § 1, 1977; Ord. 1205 §§ 1 – 4, 1977; Ord. 1145 § 1, 1975; 1958 Code § 7.08.030).

14.08.035 Utility tax on sewer.

An eight percent utility tax shall be applied to the sewer utility gross receipts. Gross receipts consists of those moneys received from charges as set forth in EMC 14.08.030. (Ord. 1772 § 1, 1993).

14.08.040 Sewer connection charge.

Repealed by Ord. 2294. (Ord. 1491 § 2, 1985; 1958 Code § 7.08.140).

14.08.050 Penalty for violation of EMC 14.08.040.

Violation of EMC 14.08.040 or any provision therein subjects the violator to be punished as provided in Chapter 1.08 EMC. (Ord. 1079 § 2, 1973; 1958 Code § 7.08.150).

14.08.200 Sewer connections required – Use of sewer.

The owner of each lot or parcel of real property of the city as it now exists and as it may be improved or extended in the future, upon which such lot or parcel of real property there is situated any building or structure for human occupation or use for any purpose, shall, within 30 days from receipt of written notice from the city clerk mailed to the owners of the premises at the street address of such premises (or to the address to which real estate tax statements are mailed as disclosed in the records of the office of the King County treasurer), cause a connection to be made between the sewerage system in each such building or structure; provided, where one building is located at the rear of another on the same lot and the building in the rear has no frontage on an alley or street in which a sewer is located, the building sewer from the front buildings may be extended to the rear building and the whole considered as one building sewer; provided a cleanout is constructed to the ground surface beyond the connection from the rear building. (Ord. 1266 § 1, 1979).

14.08.210 Area to be served.

The lot or parcel of real property shall be considered to be within the area to be served if:

A. The sanitary sewer is in any street, alley or other access which is directly adjacent to said premises; or

B. Within 200 feet of said premises. (Ord. 1266 § 1, 1979).

14.08.220 Permanent connections.

All connections shall be made to said sewerage system in a permanent and sanitary manner, subject to the approval of the city building inspector, and shall be sufficient to carry all sewage and waste fluids of any kind from said buildings into said system, and each toilet, sink, stationary washstand or any other piece or type of equipment having waste fluids shall be connected with said sewerage system. (Ord. 1266 § 1, 1979).

14.08.230 Failure to connect.

In the event that property within the area to be connected to the sewer, as defined in EMC 14.08.200 through 14.08.360, has not been so connected, and after due investigation and consideration, the city council determines that the failure of the owner to connect with the sewer constitutes a hazard to the health of the residents on the premises or the surrounding area, or is causing or has caused an unsanitary condition within the city, the council shall direct the owner of the premises to take such corrective measures as shall be defined by the council to remedy the unhealthy or unsanitary conditions. If the corrections are not made promptly, as determined by the council, the council may direct that water service to such premises shall be discontinued until such time as the council determines that the unhealthy or unsanitary condition has been corrected to its satisfaction. (Ord. 1266 § 1, 1979).

14.08.240 Water and wastewater discharge restrictions.

A. No person or business firm shall discharge or cause to be discharged, any storm water, surface water or ground water including roof runoff and foundation drainage to any sanitary sewer. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers as approved by the office of the city administrator.

B. Except as hereinafter provided in this chapter, no person shall discharge or cause to be discharged, any of the following described waters or wastes to any public sewer:

1. Any liquid or vapor having a temperature so high as to inhibit biological activity or increase the wastewater treatment plan influent higher than 40 degrees Celsius (104 degrees Fahrenheit);

2. Any water or waste which may contain more than 100 parts per million, by weight, of fat, oil or grease;

3. Any gasoline, benzene, naphtha, fuel oil, or any other materials that may create a fire or explosive hazard;

4. Any garbage that has not been properly shredded;

5. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstruction to the flow in sewers or other interference with the proper operation of the sewage works;

6. Any waters or wastes having a pH lower than five or higher than nine or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the wastewater collection and treatment system;

7. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any violation of water quality standards in the receiving waters of the wastewater treatment plant;

8. Any water or waste having a flow over 2,500 gallons per day and/or a waste strength concentration of 300 mg/l or higher or a total waste loading of 25 pounds per day or more (either waste strength or loading measured as either five day BOD (biochemical oxygen demand) or total suspended solids);

9. Any noxious or malodorous gas or substance capable of creating a public nuisance;

10. Any wastewater having a chloride (Cl) ion concentration exceeding 1,000 mg/l (milligrams per liter), unless the discharger has a negotiated discharge permit. The discharge permit shall be reviewed every five years or when the WTP manager determines the discharger’s wastewater is causing process upset at the WTP;

11. Any wastewater violating or with the potential to violate the above discharge restrictions, unless the discharger has a negotiated discharge permit. The discharge permit shall be reviewed every five years or when the WTP manager determines the discharger’s wastewater is causing process upset at the WTP. (Ord. 1607 § 1, 1989; Ord. 1266 § 1, 1979).

14.08.250 Required disconnection from public sewer.

A. The owner of any lands, buildings or premises where there is a direct connection from roof, foundation drains or area drains to sanitary sewer or where there exists any other opening which allows storm water, ground water or surface water to directly drain to sanitary sewer, is required to disconnect or cause to be disconnected, the source or sources of storm water, ground water or surface water from the sanitary sewer. The owner or occupant of such lands, buildings and premises shall also be required to take appropriate measures so as to permanently prevent further entry of storm water, ground water or surface water to the sanitary sewer. The city administrator, his successor or agent shall so notify, in writing, the owner or occupant of said lands, buildings or premises to disconnect the unauthorized discharge within such time as the city council may designate. An owner or occupant who fails to comply with the notice within the time designated shall be guilty of a misdemeanor and subject to a fine not to exceed $300.00.

B. All work in response to the written notification shall be inspected by and be subject to the approval and acceptance of the city building inspector. (Ord. 1342 § 1, 1981; Ord. 1266 § 1, 1979).

14.08.260 Connection permit.

It is unlawful for any person to make any opening in any sewer or drain or connect any private sewer or drain thereto without complying with all of the provisions of this chapter, and obtaining therefor a permit from the city building inspector to make such connection or opening. The sum of five dollars shall be charged and collected by the city clerk for any connection permit issued. (Ord. 1266 § 1, 1979).

14.08.270 Contents of permit application.

In order to obtain the permit provided for in EMC 14.08.260, the property owner or his designated agent shall file an application therefor stating the name of the owner or occupant of the premises to be connected, the number of buildings thereon, and the purposes for which they are to be occupied, together with plans and specifications showing the course and depth of the drain from the connection with the public sewer to its terminus within the building and premises, which plans and specifications shall be made in duplicate and presented at the time of application. The city building inspector shall examine said plans and may change or modify the same and designate the manner and route from which said connecting sewer shall be connected with the building and places where such connection with the public sewer shall be made, and specify the material and size of such connecting sewer, and shall endorse his approval on such plans and specifications originally prepared, or as modified and changed, and retain one copy thereof in the office of the city clerk or such other place as the city council may designate. Upon presentation of the plans so approved by the city building inspector, the city clerk shall issue the permit, which permit shall contain or have attached to it the other copy of such approved plans and specifications. It is unlawful for any person to extend any private sewer or drain beyond the limits of the building or property for which a permit has been given. (Ord. 1266 § 1, 1979).

14.08.280 Capital facilities charges.

A. A capital facilities charge (CFC) shall be levied for each new sewer service connection to the city sewer system and for a service upgrade generating additional flow and loading. The CFC is a fee based on an equitable share of the cost of the existing sewer system, and future facilities necessary to accommodate projected growth. This fee is established pursuant to RCW 35.92.025 and this chapter.

B. In addition to the permit fee required by EMC 14.08.260 and 14.08.270, a capital facilities charge of $5,716 per equivalent residential unit (ERU) shall be due and payable at the time the building permit is issued.

C. The amount of ERUs shall be determined as follows:

Customer Class	Equivalent Residential Units
Single-family residential	1.0 per dwelling unit
Multifamily – duplex and triplex	0.75 per dwelling unit
Multifamily – four units or more	0.67 per dwelling unit
Mixed-use residential	0.67 per dwelling unit
All other customer classes	1.0 ERU per 900 cubic feet of water usage per month

D. The calculation of ERUs above may be reviewed from time to time to ensure the distribution to dwelling units is appropriate based on one ERU per 900 cubic feet of water usage per month. (Ord. 2294 § 2, 2005; Ord. 1407 § 9, 1983; Ord. 1266 § 1, 1979).

14.08.290 Sewer lateral (side sewer) charges.

The owner of any property abutting a street, alley, or easement wherein there is a sewer line or a line which has been designated to be constructed and said sewer line falls within an area limited by the projection of the side property lines, may order a sewer lateral constructed from the main line to the property line upon payment of the sewer lateral charges. Lateral charges shall be based upon the cost of time and materials necessary for their design, construction and inspection. The sewer lateral charge will be collected in return for providing a side sewer to the property line in the location designated by the city engineer. All sewer laterals within the city right-of-way or easement will be constructed by the city or its duly designated agent. (Ord. 1459 § 1, 1984; Ord. 1266 § 1, 1979).

14.08.300 Connections – Method.

All connections to public sewers or drains shall be made in a workmanlike manner and in accordance with instructions from the city building inspector or in accordance with other ordinances of the city which may be applicable thereto, and as amended from time to time. (Ord. 1266 § 1, 1979).

14.08.310 Inspection and approval by city building inspector.

All work done in pursuance of any connection permit granted as prescribed in this chapter, shall be under the inspection and subject to the approval and acceptance of the city building inspector. The grade, materials and manner of construction of any sewer or drain built under permit shall be subject to the approval or rejection of the city building inspector. (Ord. 1266 § 1, 1979).

14.08.320 Excavations.

All excavations made by any permittee adjacent to or abutting any street, alley, avenue or other public place shall be guarded both night and day by a display of proper signals and lights. At the time of application for permit, the applicant shall satisfy the city of his or its ability to indemnify the city, and shall be liable personally for all accidents and damages caused by the failure of the permittee to comply with this section. Liability coverage in the amount of $25,000 shall be deemed to be sufficient indemnification to the city. (Ord. 1266 § 1, 1979).

14.08.330 Delay in work.

All work adjacent to or abutting any street or public place must be prosecuted to completion with due diligence, and if within the judgment of the city building inspector any excavation is left open beyond a reasonable time, he shall cause the same to be refilled forthwith without notice, and any costs incurred in such work, or for correcting work improperly done by the permittee, shall be charged to him. (Ord. 1266 § 1, 1979).

14.08.340 Inspection of work.

No trench shall be refilled or any connecting sewer constructed under the provisions of this chapter until the same has been inspected and approved by or under the direction of the city building inspector at the point where the same connects with the pipe or other plumbing of the building or premises being connected, or until the same is made in all respects to conform to this chapter, or such other ordinances as are now or hereafter may become applicable from time to time. (Ord. 1266 § 1, 1979).

14.08.350 Right of access to inspect – Order to comply.

The city building inspector or an authorized representative shall have the right to enter upon any lands, buildings or premises required by this chapter to be connected to the sanitary sewer or to disconnect the source or sources of storm water, ground water or surface water from the sanitary sewer, at all reasonable times to ascertain whether the provisions of this chapter have been, or are

being, complied with, and if they find that such lands, building or premises connections or disconnections do not conform to the provisions of this chapter, to notify the owner or occupant or his agent of the fact, and it shall thereupon be the duty of such owner, occupant or agent, to cause the requirements of this chapter to be so altered, repaired or reconstructed as to make them conform to these provisions within 15 days from the time of receiving such notice. (Ord. 1266 § 1, 1979).

14.08.360 Penalty for violations.

Any person who violates or fails to comply with any provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in any sum not exceeding $300.00 or by imprisonment for a term not exceeding 30 days, or by both fine and imprisonment. (Ord. 1266 § 1, 1979).

Chapter 14.10
SURFACE WATER MANAGEMENT

Sections:

14.10.010 Definitions.

14.10.020 Drainage plan required.

14.10.030 Protection of system.

14.10.040 Connections.

14.10.050 Connection procedures.

14.10.060 Connection fees.

14.10.070 Storm drainage extensions.

14.10.080 As-built requirements.

14.10.090 Maintenance responsibility.

14.10.100 Violation – Penalty.

14.10.010 Definitions.

The following words when used herein shall have the following meanings unless the context clearly indicates otherwise:

A. “Detention” means the release of storm water runoff from the site at a slower rate than it is collected by the storm water facility system, the difference being held in temporary storage.

B. “Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow from the flow present under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam or other surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/ detention facilities shall not be considered as impervious surfaces for the purposes of determining whether the thresholds for application of minimum requirements are exceeded. Open, uncovered retention/detention facilities shall be considered impervious surfaces for purposes of runoff modeling.

C. “Retention” means the process of collecting and holding surface and storm water runoff with no surface outflow.

D. “Storm water facility” means a constructed component of a storm water drainage system, designed or constructed to perform a particular function, or multiple functions. Storm water facilities include, but are not limited to, pipes, swales, ditches, culverts, street gutters, detention ponds, retention ponds, constructed wetlands, infiltration devices, catchbasins, oil/water separators and biofiltration swales.

E. “Storm water manual” means the manual of technical design considerations, best management practices and requirements adopted by the city for the purpose of controlling the quantity and quality of storm water runoff from new development and redevelopment.

F. “Storm water drainage system” means constructed and natural features which function together as a system to collect, convey, channel, hold, inhibit, retain, detain, infiltrate, divert, treat or filter storm water. (Ord. 2343 § 1, 2007; Ord. 1621 § 1, 1989; Ord. 1608 § 2, 1989).

14.10.020 Drainage plan required.

When a drainage plan is required, a drainage plan shall be required to be submitted with the applications for the following:

A. Short plats;

B. Subdivisions;

C. Planned unit developments;

D. Fill and grading, regrading or paving of property;

E. Construction where the permit relates to either 50 percent or more impervious surface coverage of the property or a total impervious surface area of 5,000 square feet or more, whichever is greater;

F. Expansion of an existing use where the value of the project is $25,000 or more, excluding the cost of the new drainage facility. (Ord. 1608 § 3, 1989).

14.10.030 Protection of system.

A. Facilities Damage Prohibited. No person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the public storm drainage system.

B. Trespassing Prohibited. It is unlawful for any person to trespass or be upon the lands and premises of the city, lawfully enclosed by fences, upon which any public storm drainage facility is situated unless duly authorized by the city.

C. Inspection and Compliance with Storm Drainage Requirements. Duly authorized personnel of the city shall have free access to private property during normal business hours and anytime during an emergency for the purpose of inspecting private storm drainage systems, the manner in which they are being used and the satisfactory compliance with the provisions of this chapter.

D. Cross-Connections Prohibited. The installation or maintenance of any cross-connection, pertaining to the connection between any storm drainage system and any sanitary sewer system is prohibited. Any such cross-connections now existing or hereafter installed are a nuisance and shall be abated immediately. If, after proper notice, the property owner does not abate the cross-connection as directed by the city, then the city shall have the authority to abate such connection(s) and bill the property owner for all reasonable costs. Any delinquent payments shall constitute a lien.

E. Trees or Shrubs Obstructing Storm Sewers Prohibited. It is unlawful to plant or maintain any tree or shrub whose roots are likely to obstruct public or private storm drainage sewers.

F. Water Quality. It is unlawful for any individual, firm or corporation to discharge into the public storm drainage system directly or indirectly any liquid or solid foreign substances of biodegradable or other nature which shall cause the water quality to degrade from class A water quality standards or greater if the quality of the water into which the discharge is greater than class A of the state herein adopted as part of this chapter by reference, unless said discharge is the result of normal operation of public or private parking lots or streets.

G. Products of erosion shall be prevented from entering the public drainage system at all times, both during construction on the property and the subsequent operation of the facilities provided. All trash and debris shall be prohibited from entering the drainage system at any point within the property.

H. Easements. All public storm drainage systems shall be required to be located within a recorded public storm drainage easement or public right-of-way. An unobstructed ingress/egress maintenance easement shall be provided for access to said storm drainage facilities. The minimum width of the required drainage easement shall be adequate to encompass all facilities and include room for access and maintenance, as determined by the city. (Ord. 1608 § 4, 1989).

14.10.040 Connections.

A. Required Connections. All nonsingle-family residential building permits that entail 5,000 or more square feet of development coverage within the property shall be subject to a mandatory connection to a public storm drainage system whenever an existing public system is available adjacent to the site or where the public system is required to be constructed adjacent to the property as a condition of development.

B. Existing Nonconforming Connections. Properties that utilize existing nonconforming storm drainage connections and apply for a building permit to make an addition, alteration or repairs of greater than 50 percent of the assessed valuation of such structure or $25,000, whichever is lower, shall be required to bring such structure and property into conformance with current city storm drainage standards and regulations.

C. Properties that utilize existing nonconforming storm drainage connections and apply for a building permit to make wholly interior improvements within the existing structure shall not be required to bring such structure and property into conformance with current city storm drainage standards and regulations. (Ord. 1608 § 5, 1989).

14.10.050 Connection procedures.

A. Permits Required. It is unlawful for any person to construct or connect to a public or private storm drainage system without first having plans approved by the city and obtaining a written permit to do so from the city.

B. No Repair Without Permits. It is unlawful for any person to repair or replace either a private or public storm drainage system without first obtaining a written permit to do so from the city, unless such repair or replacement constitutes an emergency.

C. Permit Duration. All permits issued under the provisions of this chapter shall be valid for a period of 12 months, but the same may be extended at the reasonable discretion of the city administrator or his/her designated representative without charge for a period of two months upon application therefor, prior to the expiration of the time originally limited in the permit. If the time extension is not requested prior to the expiration of the time originally limited in the permit, an additional fee equal to one-half of the original permit shall be charged if a time extension is granted.

D. Permits for Additional Work. When a permit has been issued for a private storm system as provided by this chapter, no additional work shall be undertaken outside the original scope of work without a new permit being issued covering all such additional work.

E. Permit Posting. All storm drainage permits issued as provided by this chapter shall be posted in some conspicuous place at or near the work.

F. Inspection Notice. Any person performing work under any permit pursuant to the provisions of this chapter shall notify the city’s agents as listed on the permit when the work will be ready for inspection, a minimum of 24 hours prior to covering, and shall specify in such notice the location of the premises.

G. Inspection and Approval. If the city, upon inspection of the project, finds that the work or material used is not in accordance with the provisions of this chapter, the city shall notify both the person performing the work and also the owner of the premises by written notice. Such notice shall be posted upon the premises and shall state the defects of the work and/or material found in such inspection. A copy of such notice shall be kept on file in the office of community development.

H. Upon the satisfactory completion of work as designated on the permit in conformance with the provisions of this chapter, the city shall sign off the permit. A copy of such permit shall remain on file with the city as a permanent record.

I. Restoration of Public Property. All streets, sidewalks, alleys, parkways, public utilities and other public property disturbed in the course of private or public construction shall be restored or replaced in a manner satisfactory to the city administrator or his/her designated representative.

J. Work in City Right-of-Way. All work within the limits of any street right-of-way or any public easement must be prosecuted to completion with due diligence and if an excavation is left open beyond a reasonable length of time, the city shall cause the same to be backfilled and restored forthwith.

K. Any costs incurred by the city in backfilling or restoring said excavation will be charged to the property owner and/or developer. Any delinquent payments shall constitute a lien as to the property worked on at the option of the city.

L. All contractors performing work within any existing street right-of-way or any public easement shall have a valid storm drainage permit covering the work and shall be currently licensed and bonded with the state during the course of the work. Said contractor shall have a current liability insurance policy, with the city specifically added as an additional named insured in said policy, in force to protect the contractor, the public and the city against liability for accidental injury to persons or property in the following minimum amounts:

1. Bodily injury liability insurance for each occurrence – $1,000,000;

2. Property damage liability insurance for each occurrence – $1,000,000.

M. Excavation Protection. All excavations for storm drainage systems installation shall be properly safeguarded with lights and barricades according to adopted city standards so the same will not be a menace to public safety. (Ord. 1608 § 6, 1989).

14.10.060 Connection fees.

A. System Inspection and Connection Permit Fees. A storm drainage permit fee shall cover the inspection costs associated with the installation of any particular private storm drainage system and the subsequent connection of such to a public storm drainage system.

B. Said fee shall be adopted by resolution and amended from time to time.

C. Repair Permit Fee. A storm drainage repair permit shall cover the inspection costs associated with the repair of any particular private storm drainage system.

Said fee shall be set by resolution and amended from time to time. (Ord. 1608 § 7, 1989).

14.10.070 Storm drainage extensions.

A. Adopt Stormwater Manual. There is adopted by reference the “February 2005 Washington State Department of Ecology Stormwater Management Manual for Western Washington” and any amendments henceforth. All public and private storm drainage systems shall be designed and constructed in conformance with said manual.

B. Minimum Facility Size. All public storm drainage pipe to be installed within the service area of the city’s storm utility boundaries shall be a minimum of eight inches in diameter. All private storm drainage pipe to be installed within said boundaries shall be a minimum of six inches. (Ord. 2343 § 2, 2007; Ord. 1608 § 8, 1989).

14.10.080 As-built requirements.

A. Private System As-Builts. Prior to the city approving a private storm drainage system for operation, a registered professional civil engineer shall supply to the city approved certified as-builts of such system.

B. Public Systems As-Builts. Prior to accepting the public storm drainage system, the developer shall provide, by a registered professional civil engineer, certified as-builts. (Ord. 1608 § 9, 1989).

14.10.090 Maintenance responsibility.

A. Private Maintenance Responsibility. The maintenance and operation of private storm drainage systems shall be the responsibility of the property owner. The city shall inspect the facilities in order to ensure continued use of the facilities for the purposes for which they were built and in accordance with these arrangements. Failure to maintain the facilities in good working order shall be cause for a written request to maintain the retention/detention facilities after inspection by city forces. If, after 30 days, no remedial measures are taken by the property owner, the city may initiate legal action against the property owner.

B. Public Maintenance Responsibility. The city shall be responsible for the maintenance and operation of all public storm drainage facilities located within public right-of-way following the completion of a successful maintenance period and the acceptance of such facilities by the city. (Ord. 1608 § 10, 1989).

14.10.100 Violation – Penalty.

Any individual or corporation who violates any provision of this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished as set forth in Chapter 1.08 EMC. (Ord. 1608 § 11, 1989).

Chapter 14.12
GAS RATES

Sections:

14.12.005 Rates and charges for natural gas service.

14.12.010 Rates and charges for natural gas service – Adjustment by city council.

14.12.015 Utility tax on natural gas service.

14.12.020 Repealed.

14.12.030 Service line installation.

14.12.035 Main line extension.

14.12.040 Rules and regulations.

14.12.060 Repealed.

14.12.005 Rates and charges for natural gas service.

Effective November 1, 2007, the following rates and charges are hereby established for the furnishing of natural gas service by the city of Enumclaw. All rates set forth below are per therm. A monthly customer service charge will apply to each account with availability of gas at the meter in addition to the volumetric rates set forth below.

A. Residential rates which shall include single-family, duplex, triplex, fourplex and mobile homes located in mobile home parks:

1. The monthly customer service charge shall be $6.25 per month.

2. All gas used per month shall be charged at $1.1615 per therm.

B. Commercial rates shall include hotels, motels, apartments which shall consist of five or more dwelling units, churches, schools, all municipal and governmental uses, and businesses:

1. The monthly customer service charge shall be $10.00 per month.

2. All gas used per month shall be charged at $1.1150 per therm. (Ord. 2374 § 1, 2007; Ord. 2285 § 1, 2005; Ord. 2238 § 1, 2004; Ord. 2195 § 1, 2003; Ord. 2156 § 1, 2002; Ord. 2114 § 1, 2001; Ord. 2103 § 1, 2001; Ord. 2091 § 1, 2000; Ord. 2034 § 1, 1999; Ord. 1957 § 1, 1997; Ord. 1921 § 2, 1996; Ord. 1586 § 1, 1988; Ord. 1552 § 3, 1987).

14.12.010 Rates and charges for natural gas service – Adjustment by city council.

The charges and rates set forth in EMC 14.12.005 shall be reviewed by the city council on a quarterly basis, on that council meeting following the quarterly federal income tax return date, and the city council may adjust the rates and charges based upon their review. (Ord. 1625 § 2, 1989).

14.12.015 Utility tax on natural gas service.

A four percent utility tax shall be applied to the natural gas service gross receipts. Gross receipts consist of those moneys received from charges as set forth in EMC 14.12.005. (Ord. 2123 § 1, 2001; Ord. 2102 § 1, 2001; Ord. 2100 § 1, 2000; Ord. 1772 § 1, 1993).

14.12.020 Deposit required – Amount.

Repealed by Ord. 2352. (Ord. 2182 § 1, 2003; Ord. 2165 § 1, 2003; Ord. 1366 § 2, 1982; Ord. 1349 § 1, 1981; Ord. 1096 § 1, 1973; 1958 Code § 7.12.020).

14.12.030 Service line installation.

Customers who make the required meter deposit and order the installation to be made will be furnished without cost a service line not exceeding 75 feet in length from the property line, and not more than 10 feet beyond the nearest corner of the building, whichever distance is shorter. In the event that the service line to the meter installation exceeds 75 feet, the customer shall pay the cost of installing such service line beyond the allowable 75-foot distance, but the line shall at all times be the property of the municipal natural gas utility. (1958 Code § 7.12.030).

14.12.035 Main line extension.

All main line extensions of the gas utility shall be made at no cost to the customer if the estimated gross revenues from the extension for the first two and one-half years will exceed the total costs of the extension; if the costs of the extension will not be so paid for in said period as designated in this section, the extension shall be made only after the applicant has paid to the city the excess of the estimated costs of the extension over the anticipated gross revenues. (Ord. 1306 § 1, 1980).

14.12.040 Rules and regulations.

Each customer shall be subject to all rules and regulations adopted by the city council and its duly authorized officers relating to the installation, construction, reconstruction, adjustment and repair of house gas piping, gas appliances, fixtures and apparatus in all buildings and structures in the city and in its natural gas service territory. (1958 Code § 7.12.040).

14.12.060 Owner responsibility.

Repealed by Ord. 2352. (Ord. 1457 § 1, 1984; Ord. 1398 §§ 1, 2, 1983).

Chapter 14.14
NATURAL GAS BUDGET PAYMENT PLAN

(Repealed by Ord. 2353)

Chapter 14.16
CROSS-CONNECTION
CONTROL PROGRAM

Sections:

14.16.010 Purpose.

14.16.020 Controlling authority.

14.16.030 Definitions.

14.16.040 Customer responsibility.

14.16.050 Prohibition.

14.16.060 Inspections.

14.16.070 Contingent service.

14.16.080 Backflow devices.

14.16.090 Violation – Penalty.

14.16.010 Purpose.

The protection of the public health of the water customers of the city by the control of actual or potential cross-connections. (Ord. 1498 § 1, 1985).

14.16.020 Controlling authority.

The policies, procedures and criteria established in WAC 248-54-285, and the accepted procedure and practice in Cross-Connection Control Manual – Pacific Northwest Section – American Waterworks Association, 3rd Edition, and later superseding editions. (Ord. 1498 § 2, 1985).

14.16.030 Definitions.

A. “Backflow” means the flow other than the intended direction of flow, of any foreign liquids, gases or substances into the distribution system of the public drinking water system.

B. “Contamination” means the entry into or the presence in the public drinking water system of any substance or matter which when present in drinking water above an acceptable level may adversely affect the health of the consumer and/or the aesthetic qualities of the water consumed.

C. Cross-connection means any physical arrangement connecting a public drinking water system, directly or indirectly, with anything, other than another public drinking water system, capable of contaminating the public drinking water system as a result of backflow.

D. “Customer” means any person(s), firm or corporation that is furnished drinking water through a legal service connection to the drinking water system.

E. “Department” means the Washington State Department of Social and Health Services.

F. “Illegal user” means any person(s), firm or corporation that is not authorized by the purveyor to use a customer’s service.

G. “Public drinking water system” means any water system or supply intended or used for human consumption or other domestic uses; including source, treatment, storage, transmission, and distribution facilities where water is furnished to any community, collection or number of individuals; however excluding a system serving one single-family residence.

H. “Purveyor” means the city of Enumclaw, or its authorized agent.

I. “Service” means a physical connection between the public drinking water system and the customer’s system. (Ord. 1498 § 3, 1985).

14.16.040 Customer responsibility.

It shall be the responsibility of the customer of the city water utility to provide cross-connection control in a manner approved by the city. (Ord. 1498 § 4, 1985).

14.16.050 Prohibition.

The installation or maintaining of any actual or potential cross-connection which would endanger the purveyor’s public drinking water system is prohibited. Any such cross-connection now existing is declared unlawful and shall be removed immediately. (Ord. 1498 § 5, 1985).

14.16.060 Inspections.

Authorized employees of the city with proper identification shall have free access at reasonable hours of the day, to all parts of the premises or within buildings to which water is supplied. Water service may be refused or terminated to any premises for failure to allow necessary inspections. (Ord. 1498 § 6, 1985).

14.16.070 Contingent service.

Water service to any premises shall be contingent upon the customer providing cross-connection control in the manner approved by the city. (Ord. 1498 § 7, 1985).

14.16.080 Backflow devices.

When backflow devices are required to be installed they shall be a model approved by the department and shall be tested a minimum of once a year. (Ord. 1498 § 8, 1985).

14.16.090 Violation – Penalty.

Service to any premises receiving its water from the purveyor’s public drinking water system shall be contingent upon compliance with all rules and regulations of the department and the purveyor. Service shall be disconnected to any premises for failure to comply with rules and regulations of the department and this purveyor. (Ord. 1498 § 9, 1985).

Chapter 14.20
LATECOMERS AGREEMENT

Sections:

14.20.010 Latecomers agreement contract conditions.

14.20.010 Latecomers agreement contract conditions.

A. The city is authorized to enter into agreements with the owner of real estate, for a period not to exceed 12 years, to reimburse the owner of the real estate, their heirs, successors and assigns requiring benefited adjacent property owners to reimburse if they did not contribute to the original costs of the following facilities, and who subsequently tap into or use the same, for their fair pro rata share of the costs of construction of storm, sanitary or combination sewers, pumping stations and disposal plants, water mains, hydrants, reservoirs or appurtenances, design, grading, paving, installation of curbs, gutters, storm drainage, sidewalks, street lighting, traffic controls and other similar improvements.

B. The agreement shall be binding upon the heirs, successors and assigns of the parties.

C. The agreement shall not exceed 12 years.

D. The city shall deduct 10 percent out of all funds received for costs of administration. The amount received for normal hookup charges shall not be part of the agreement and shall be paid directly to the city.

E. The list of improvements described in this chapter are general in nature and the agreements may include all costs incurred in the installation of public utilities.

F. The procedure for assessments against property owners shall be as established under Chapter 35.72 RCW for street improvements, and Chapter 35.91 RCW for water and sewer improvements.

G. The city clerk shall record the contract with the King County auditor’s office within 30 days of the execution of the agreement.

H. The contract shall be completed and executed within 30 days after completion of construction. (Ord. 1585 §§ 1 – 8, 1988).

Chapter 14.90
LOW-INCOME SENIOR AND
LOW-INCOME DISABILITY
UTILITY DISCOUNTS

Sections:

14.90.010 Definitions.

14.90.020 Qualifications.

14.90.030 Applicant duties – Administrative procedures.

14.90.040 Rates.

14.90.010 Definitions.

A. “Gross income” includes any income that would be considered gross income under the Federal Internal Revenue Title, Subtitle A – Income Taxes, Chapter 1, Subchapter B, Section 61.

B. “Household member(s)” includes any person(s) residing with the applicant.

C. “Household” includes all household members as defined above, including the applicant.

D. “Income guideline” includes the income guideline promulgated by the Housing and Urban Development Agency (“HUD”) and/or any deviated income guideline promulgated by the city administrator under EMC 14.90.020(B).

E. “Standard rate” refers to the utility rate the applicant would have been charged if no discount applied.

F. “Applicant” refers to any individual applying for a benefit, discount, or otherwise attempting to qualify as a low-income senior citizen or low-income disabled citizen, as defined in EMC 14.90.020 and 14.90.030.

G. “City” refers to the city of Enumclaw, state of Washington. (Ord. 1875 § 2, 1995).

14.90.020 Qualifications.

An applicant must qualify as a low-income senior citizen or low-income disabled person to receive reduced rate utility services. To qualify as a low-income senior citizen or low-income disabled person for any purpose under any and all titles of this code, an applicant must satisfy each of the following criteria:

A. Age. The applicant must be 65 years of age, except that the age requirement is waived for the following applicants:

1. Disability. An applicant qualifying for special parking privileges under RCW 46.16.381 (1)(a) through (f), an applicant who is blind as defined in RCW 74.18.020, an applicant who is disabled, handicapped, or developmentally disabled as defined in RCW 71A.10.020(2), an applicant who is mentally ill as defined in RCW 71.05.020(1), or an applicant who is incapacitated as defined under any other existing state or federal program;

2. Dialysis. Applicants who are under home kidney dialysis treatment;

3. Waiver. The city administrator may waive the age requirement for any applicant with a serious disability or long-term illness if, after a reasonable investigation, the administrator determines that the applicant’s disability or illness is sufficiently debilitating to merit waiver of the requirement. In determining if waiver is appropriate, the administrator shall consider the following factors:

a. The expected duration of illness or disability;

b. The physical limitations imposed on the applicant by the illness or disability as evidenced by a physician’s affidavit;

c. The applicant’s projected annual expenses caused by the illness or disability;

d. The impact of the illness or disability on the applicant’s use of the service or privilege being sought;

e. The applicant’s ability to find employment;

f. The applicant’s alternative sources of income.

B. Income. The annual gross income of the applicant’s household may not exceed the “low income” set in the Official Housing and Urban Development (“HUD”) Income Guidelines, except that the administrator may deviate from the guidelines to ensure that the income guideline correlates with the Greater Seattle Consumers Index, as it is determined for July of the previous year.

1. Baseline for Income Guidelines. Until a new HUD income guideline is filed in accordance with subsection (B)(3) of this section, or in the event a new HUD income guideline is not filed, the HUD income guideline “low income” for 1995 shall serve as the “low income” of the HUD income guideline for the purposes of determining if an applicant qualifies as a low-income senior citizen or low-income disabled person.

2. Income Guideline Effecti