Chapter 13.04
WATER SYSTEM SERVICE REGULATIONS
Sections:
13.04.010 Generally.
13.04.020 Application for water connection.
13.04.025 Conditions present for water connections.
13.04.030 Permit required for connections.
13.04.040 Application for water for building purposes, continuation of services.
13.04.050 Notification of ownership.
13.04.060 Responsibility of owner for monthly billing.
13.04.070 Rates – Designated.
13.04.080 Special rates.
13.04.090 Low-income senior and disabled citizen rates.
13.04.100 Rates – Payment – Notice – Hearing – Disconnection.
13.04.110 Delinquent charges.
13.04.120 Rate adjustments for leakage.
13.04.130 Meter regulations.
13.04.132 Meter testing – Replacement.
13.04.134 Pressure-reducing valves.
13.04.140 Separate stop cock required.
13.04.150 Separate service requirements.
13.04.160 Maintenance of service pipes.
13.04.162 Repealed.
13.04.164 Repealed.
13.04.170 Defective fixtures.
13.04.180 After-hours service calls.
13.04.190 Notice of temporary discontinuance of service.
13.04.200 Necessary water shut-off without notice.
13.04.210 Water shortage restrictions.
13.04.220 Restrictions on water use during fires.
13.04.230 Unlawful acts.
13.04.235 Use of water from unmetered source – Permit.
13.04.240 Amendments or changes.
13.04.250 Applicability to out-of-city residents.
13.04.260 Violation – Penalty.
13.04.010 Generally.
The rules and regulations set forth in this chapter shall be used and established for the fixing, regulating and controlling of the use and price of the water supplied by the Water Department of the City. (Ord. 632 § 1, 1981)
13.04.020 Application for water connection.
Any person desiring to connect to the water supply system of the City shall make application at the Ferndale City Hall on the forms furnished for that purpose. Every such application shall be made by the owner of the property to be benefitted, or his authorized agent, and the applicant must agree to conform to the rules and regulations established from time to time as a condition for the use of water. At the time of filing such application, the applicant shall pay to the Treasurer the permit, installation and connection charges for water service as set forth by ordinance of the City. (Ord. 632 § 2, 1981)
13.04.025 Conditions present for water connections.
Where both water and sewer main lines are available within 200 feet of a property, connection to the water system shall not be allowed unless the property shall also utilize City sewer service. This requirement shall not apply to nonresidential, noncommercial or nonindustrial uses where sewer service in any form is not required. (Ord. 1117 § 1, 1996)
13.04.030 Permit required for connections.
No plumber or other person will be allowed to make connection with the City mains, or make connection with any conduit, pipe or other fixture connecting therewith, or to connect pipes when they have been disconnected, or to turn on or off water to any premises without the permission of the Water Superintendent. (Ord. 632 § 9, 1981)
13.04.040 Application for water for building purposes, continuation of services.
The owner of any building under construction will only be furnished water upon application of the owner or his authorized agent. Continuation of water service is contingent upon compliance with applicable City building codes. Failure to comply with conditions of approval, permits, inspection or building codes will authorize the City, following 30 days’ notice, to discontinue water service. The owner of property for which water is used for building purposes shall pay at meter rates, and payment for the same shall be made at the time and in the same manner as in the case of other meter rates. (Ord. 1050 § 1, 1994; Ord. 632 § 13, 1981)
13.04.050 Notification of ownership.
It shall be the responsibility of the property owner to notify the City within 10 calendar days of the date of assumption of ownership, together with the name and correct mailing address of the owner. Subsequent changes in correct mailing address of the owner shall also be reported within 15 calendar days. (Ord. 632 § 15, 1981)
13.04.060 Responsibility of owner for monthly billing.
It shall be the responsibility of the owner to inform the City as to the name and correct mailing address for monthly billings. The property owner shall have the option of receiving the monthly billing himself or having the billing mailed to a renter or lessee. The property owner may request a concurrent mailing of monthly billings to both himself and a renter or lessee, and such billings shall be mailed upon payment of an annual duplicate billing fee as contained in the City’s most current approved Fee Code. Changes in tenancy shall be immediately reported to the Water Department when the owner has charged the renter or lessee with the obligation for paying monthly water charges. The owner only shall be held ultimately responsible for water charges. (Ord. 632 § 16, 1981)
13.04.070 Rates – Designated.
A. Generally. Appropriate meter size for all classes other than single-family residential, which shall be a three-fourths-inch meter, shall be as uniformly determined by the Utility Superintendent.
B. Bimonthly Rate Schedule. All users shall pay bimonthly charges for actual water used. Furthermore, there shall be charged a base fee for purpose of administration and contribution to plant capitalization, all according to such rate schedule, as may be adopted by ordinance of the City Council from time to time. (Ord. 1026 § 1, 1993; Ord. 1000 § 1, 1993; Ord. 984 § 1, 1992; Ord. 864 § 1, 1988; Ord. 840 § 3, 1987; Ord. 632 § 23, 1981)
13.04.080 Special rates.
The City Council is authorized to fix special rates for a particular use when, in the opinion of the Council, the nature, purpose, or situation of consumption is so unique that a strict adherence to the rates set forth in this chapter would create an unfair or inequitable charge against the particular user. (Ord. 632 § 24, 1981)
13.04.090 Low-income senior and disabled citizen rates.
Any low-income senior or disabled citizen who satisfies the reduced rate criteria in this section and who lives in a residence receiving a separate water and/or sewer service is entitled to a rate reduction for water and/or sewer and storm drain utilities. The procedure to obtain the rate reduction shall be as follows:
A. A senior age 61 or older on December 31st of filing year or a disabled person (no age requirement for disabled persons) with a household gross income of $35,000 or less for the previous tax year, is entitled to have their base fee and metered rates adjusted (lowered) by 25 percent.
B. Gross income shall have the same definition provided by 26 United States Code Section 61 as stated below:
(a) General definition – Except as otherwise provided in this subtitle, gross income means all income from whatever source derived, including (but not limited to) the following items:
1. Compensation for services, including fees, commissions, fringe benefits, and similar items;
2. Gross income derived from business;
3. Gains derived from dealings in property;
4. Interest;
5. Rents;
6. Royalties;
7. Dividends;
8. Alimony and separate maintenance payments;
9. Annuities;
10. Income from life insurance and endowment contracts;
11. Pensions;
12. Income from discharge of indebtedness;
13. Distributive share of partnership gross income;
14. Income in respect of a decedent; and
15. Income from an interest in an estate or trust.
C. A property owner who is residing at the residence may automatically qualify for the rate assistance program if they are currently on Whatcom County’s property tax exemption program; a copy of the approved application from the assessor’s office must be submitted.
D. A property owner, not residing at the residence, may also obtain the reduction if the premises is rented to a qualified low-income senior or disabled person and the owner certifies the savings are passed to the senior or disabled renter. The renter shall first be required to file an application with the City requesting the discount. The applicant shall provide copies of tax returns with schedules and supporting documentation for all members of the household to verify the applicant’s eligibility to participate in this reduced rate program. If you are applying for a disability reduction, you must provide a current (less than three months old) statement of eligibility from the Social Security office.
E. Customers must renew their application annually in accordance with administrative procedures.
F. Customers must immediately notify the City when household income level changes, disabled status changes, the house has sold, or the house is no longer the primary residence. (Ord. 1456 § 1, 2008)
13.04.100 Rates – Payment – Notice – Hearing – Disconnection.
A. All charges for metered water use shall be due and payable on the first day of the calendar month succeeding the date on which the meter was last read and if not paid in full within 15 calendar days thereafter shall be considered delinquent. Account bills and/or door hangers shall contain notice that
if delinquent accounts are not paid in full within 30 days of the due date of the City’s intent to discontinue service if payment is not made. Account bills and/or door hanger notifications shall contain the following information:
1. The amount of charges owing;
2. A statement of the specific date upon which service shall be terminated;
3. A statement that the person billed may request an informal hearing with the City Treasurer, or designee thereof, to present evidence that the bill is in error, the customer has been overcharged or the charges are for service not rendered;
4. The notice shall state the specific individual to whom objections may be presented, the phone number of the specific individual who shall have authority to hear and act upon the objections, and the location and hours during which the said individual is available to hear the objections;
5. A notice that any person desiring such a hearing shall file a written request for hearing with the Treasurer prior to the fifteenth day of the second month following billing, and shall accompany such request with a tender of the amount of charges billed. Failure to file a request for hearing and tender of the amount of charges owing within such time limit shall be deemed a waiver of the right to a hearing;
6. In the event charges are not paid, or a hearing requested accompanied with a tender of the full amount owing by the fifteenth day of the month following billing, then the City shall proceed to disconnect the water service to the subject premises without any further notice, written or oral.
B. In the event a hearing is requested, the amount tendered by the customer shall be immediately credited to the account of the customer. Following the hearing, the City Treasurer shall render a decision in writing. If the charges are found to be due and owing, the City Treasurer shall take no further action. If all or a portion of the charges are found not to be owing, such amount shall be refunded to the person requesting the hearing. The person billed, who shall be the person in whose name the hearing is requested, shall be considered the same person having tendered the amount owning, whether or not actual payment was made by a person or persons other than the person billed and who made the hearing request.
C. In the event a disconnection is deemed appropriate, the disconnection will be considered as having occurred at such time as the work order therefor has been issued, whether or not the physical disconnection has been accomplished, and a reconnection fee as set in the most current City Fee Code shall be tendered, along with the full amount of the delinquency, prior to reconnection. Reconnection of service during other than normal working hours shall be charged as provided in FMC 13.04.180.
D. Failure to receive mail will not be recognized as a valid excuse for failure to pay rates when due. Change in ownership of property and change in mailing address shall be filed in writing by the property owner or his agent at the office of the City Treasurer on a form provided for that purpose. No change of ownership or occupation shall affect the application of this section.
E. Checks tendered as payment for water and/or sewer charges which are returned to the City by the bank and not credited to the account of the City shall be charged a return item fee as set by ordinance of the City Council; provided, however, that checks which are received following a City-issued “notice of shut-off for nonpayment” and which are returned to the City by the bank and not credited to the account of the City shall be charged a higher return item fee as set by ordinance of the City Council. The fees set by this section shall be in addition to any other fees, penalties, or charges otherwise owing to the City. (Ord. 1383 § 1, 2006; Ord. 1192 § 1, 1998; Ord. 889 § 2, 1989; Ord. 632 § 20, 1981)
13.04.110 Delinquent charges.
All water rates shall be charged against the property to which water is furnished and against the owner thereof. If for cause any sums owing therefor become delinquent, the water may be shut off, and in no case shall it be turned on to the same property until all deficiencies including penalties shall have been paid in full. No change of ownership or occupation shall affect the application of this section. (Ord. 632 § 14, 1981)
13.04.120 Rate adjustments for leakage.
A. Adjustments will only be made to bills by staff for single service connections to a three-fourths-inch meter. Said adjustments shall be limited to one adjustment per 24 months per account.
B. Adjustments shall be such that the bill for the 60-day billing period immediately prior to the discovery of the leak shall be adjusted and become the average of the previous year or three preceding billing periods, whichever is greater. All amounts in excess of average shall be charged at half the current rate for water per 100 cubic feet of water expended.
C. Where adjustments are sought, they shall be applied to one billing period only.
D. The City staff will assist in notification of leaks, but it shall remain the property owner’s responsibility to discover and repair the leak. Upon notification by the City of a leak, the owner must schedule repairs within 10 working days or forfeit all rights to an adjustment.
E. All requests for adjustments shall be submitted in writing using the City of Ferndale application for an adjustment.
F. All requests to adjust bills for services in excess of three-fourths-inch meter, or requests for more than one adjustment per 24 months, will be forwarded to the Streets and Utilities Committee for their concurrence. The Streets and Utilities Committee shall review adjustments where leakage appears to be 300 percent or more of normal usage.
G. No adjustment will be made on sewer charges if water used was discharged back into the sewer system. If no water was discharged back into the sewer system, the sewer charges will become the average of the previous year or three preceding billing periods, whichever is greater. No amounts in excess of the average shall be charged.
H. No adjustment shall be made for loss of less than 300 cubic feet. (Ord. 1435 § 1, 2007; Ord. 850 §§ 1 – 3, 1988)
13.04.130 Meter regulations.
A. All meters shall be the property of and under the control of the City and may be installed or removed whenever in the discretion of the Water Superintendent such installation or removal is warranted. In the event a meter fails to properly register, the customer shall be charged at the average daily consumption as shown by the meter during the last three months that the same was in good condition.
B. In all cases where meters or meter locks owned by the City are lost, stolen, or damaged by carelessness or neglect of the owner or occupant of the premises being supplied, they shall be replaced or repaired by or under the direction of the Water Superintendent, and the costs charged against the premises supplied. In the case of nonpayment for such repairs, the water shall be shut off and not turned on again until such costs, together with a charge as contained in the City’s most current approved Fee Code for turning the water off and on again, have been paid. (Ord. 632 § 22, 1981)
13.04.132 Meter testing – Replacement.
A. Any users of metered water who claim that the water meter is not registering correctly may make application to have the meter tested or replaced.
B. If the meter is tested and found to be registering correctly, or in the customer’s favor the customer shall pay a fee as contained in the City’s most current approved Fee Code for removal, testing and replacement of the meter, that fee shall be added to the customer’s next bill and shall be paid for per the same terms and conditions as that set forth for regular water usage.
C. If the customer requests that the meter be replaced without testing, the charge shall be as contained in the City’s most current approved Fee Code, paid at the time of application.
D. If the meter, after testing, is found to be registering incorrectly, showing a possible overcharge, no charge shall be made for testing and the current water bill will be adjusted based on the test results. (Ord. 855 §§ 1 – 4, 1988)
13.04.134 Pressure-reducing valves.
A. For services up to and including one-inch service, pressure-reducing valves shall be provided as needed to all users of the City water system at time of initial connection.
B. All pressure-reducing valves installed on private property become the ownership of the user and the user shall maintain, repair or replace as needed. Pressure-reducing valves located within City right-of-way shall be owned by the City.
C. Upon request, the City shall test the operation of the pressure-reducing valve, at no charge; provided, that said pressure-reducing valve is easily accessible. (Ord. 789 §§ 1 – 3, 1986)
13.04.140 Separate stop cock required.
The service pipes must be so arranged that the supply to each separate house or premises may be controlled by a separate stop cock placed within and near the line of the street curb. One person, company, or association must pay for all of the water used through the service for his or their own use or for the use of others to whom it may be accessible. (Ord. 632 § 3, 1981)
13.04.150 Separate service requirements.
Where water is supplied through one service to several houses, families or persons, the Water Superintendent may at his discretion either decline to furnish water until separate services are provided or may continue the supply on the condition that one shall pay for all on the same service. (Ord. 632 § 4, 1981)
13.04.160 Maintenance of service pipes.
The service pipes within the premises must be kept in repair and protected from freezing at the expense of the property owner or occupant who will be responsible for all damages resulting from leaks and breaks. (Ord. 632 § 6, 1981)
13.04.162 Backflow prevention devices.
Repealed by Ord. 1416. (Ord. 791 §§ 1, 2, 1986)
13.04.164 Cross-connection elimination.
Repealed by Ord. 1416. (Ord. 808 §§ 1 – 4, 1986)
13.04.170 Defective fixtures.
Water may be denied to premises where there are defective or leaking faucets or other fixtures. When such may be discovered, the supply may be withdrawn until the proper repairs are made. (Ord. 632 § 7, 1981)
13.04.180 After-hours service calls.
At such times when service calls are made requiring an employee of the Water Department to visit a premises after normal working hours for the purpose of turning the water service off or on, and when such service call is necessitated through no fault, negligence or omission of the City, the owner and premises shall be charged as contained in the City’s most current approved Fee Code, plus a minimum of two hours’ labor at time and one-half based on the salary of the Water Department employee performing the service. Such charge shall be in addition to the penalty set forth in FMC 13.04.100 when the after-hours service call is to reinstate water service to a property which has had service discontinued for nonpayment of meter rates. (Ord. 632 § 21, 1981)
13.04.190 Notice of temporary discontinuance of service.
Should it be desired to discontinue the use of water supplied to the premises for a period of not less than one month, prior notice must be given at the City Hall, and payment in full of all arrearages must be first made. The minimum usage rate will be suspended for the period set forth in the above-cited notice, provided subsequent meter readings confirm that no water was used during the suspension period. No remission of rates will be made for a period less than one calendar month, nor without the notice prescribed in this section. (Ord. 632 § 10, 1981)
13.04.200 Necessary water shut-off without notice.
The water may at any time be shut off from the mains, without the requirement of notice, for repairs, extensions, or other necessary purposes. (Ord. 632 § 5, 1981)
13.04.210 Water shortage restrictions.
The City reserves the right in the case of shortage of water, or for any other cause, to make an order regulating, forbidding, or suspending the use of water for irrigation or sprinkling. The City Council is authorized and empowered to, in its discretion at any time, make such order and shall give notice of the same through the City official newspaper. Any person violating any such order shall be subject to a charge of $25.00 for the first offense and $50.00 for any subsequent offense, which shall be charged against the owner and premises supplied, and the water shall be shut off. In no case shall water be turned on again until such charge has been paid. (Ord. 632 § 18, 1981)
13.04.220 Restrictions on water use during fires.
When, in the opinion of the Water Superintendent, the use of water for sprinkling or irrigation during a fire reduces the pressure within the mains to the extent that fire fighting procedures are inhibited, the Superintendent may deny the use of water for such purpose until the fire is extinguished. For any violation of this rule, a penalty of $25.00 for each offense shall be imposed and taxed against the person and premises supplied, and the water shall be shut off. In no case shall water be turned on to the same premises until such penalty has been paid. (Ord. 632 § 19, 1981)
13.04.230 Unlawful acts.
If any consumer wastes water, or allows it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures following due notification of such leakage, or allows any fixture to run open, or fails to comply with any of the rules and regulations established as a condition of the use of such water, he shall be liable to a penalty of $20.00 for each offense, and the water shall be shut off and shall not be turned on again until all charges and penalties have been paid and proof supplied of compliance with the above rules and regulations. (Ord. 632 § 12, 1981)
13.04.235 Use of water from unmetered source – Permit.
A. All bulk water users must obtain a permit from the City prior to the withdrawal of City potable water from any unmetered source. This permit must be available for inspection by any City representative at time of withdrawal of water from an unmetered source.
B. At time of withdrawal of water from an unmetered source the user must record the time, date and gallonage taken and report that information to City Hall within 72 hours after withdrawal.
C. User must comply with all City ordinances concerning City water system, water rates, payments and related fees.
D. Water taken from any nonmetered source is not considered by the City to be for human consumption and the City assumes no responsibility or liability for the sale of such water.
E. Violation and Penalty. Any person, firm, corporation, association or other entity or agent thereof who violates the provisions of this title or fails to comply with any of the requirements of this title or of terms of any permits issued pursuant to this title shall be guilty of a misdemeanor punishable by a fine of not more than $500.00 or by imprisonment in the City Jail Facility for not more than 90 days, or both. Each day such violation continues shall be considered a separate offense. (Ord. 823 §§ 1 – 5, 1987)
13.04.240 Amendments or changes.
The right is reserved to the City Council to alter, amend, or add to the rules and regulations set forth in this chapter as time and experience may show to be reasonably necessary and expedient. Such changes in the rules and regulations, as well as the rates, set forth in this chapter shall be by ordinance as adopted by the Council and published as required by law. (Ord. 632 § 26, 1981)
13.04.250 Applicability to out-of-city residents.
Where water is supplied to services outside of the incorporated limits of the City, the provisions of this chapter shall apply to each person, company, or association connecting with the City water system. Connection to the City water system by any person, company, or association outside of the incorporated limits of the City shall constitute acceptance of the terms and provisions of this chapter and any rules and regulations adopted pursuant thereto. (Ord. 632 § 28, 1981)
13.04.260 Violation – Penalty.
If not otherwise provided in this chapter, for each and every violation of the rules and regulations established by this chapter, the offending person shall be subject to a fine of not less than $25.00 nor more than $300.00. (Ord. 632 § 25, 1981)