Chapter 13.01 WATER SYSTEM

Use of Pronoun. For the purposes of this title, certain words and phrases are defined. When not inconsistent with the context, words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the masculine pronoun shall include the feminine; and the word “shall” is mandatory and not merely permissive.

“City” means the city of Langley.

“City engineer” means the consulting engineer retained by the city.

“Clerk-treasurer” means the city of Langley clerk-treasurer.

“Commercial enterprise” means an enterprise connected with commerce and/or the activity of providing goods and services involving financial, commercial and/or industrial aspects.

“Council” means the city council of the city of Langley.

“Cross-connection” means any connection between any part of the city water supply system used or intended to supply water for drinking purposes and any source or system containing water or any substance that is not or cannot be approved as safe, wholesome, and potable for human consumption.

“Customer” means any person obtaining water service from the water supply system of the city.

“Department” means the water department of the city.

“Dwelling unit” means one or more rooms designed or used by an individual or family for residential purposes, including, without limitation, a house, apartment, condominium unit or duplex unit, having water use facilities equivalent in extent to a normal dwelling.

“Lot” means a platted or unplatted parcel of land unoccupied, occupied or to be occupied by a building or buildings.

“Multifamily dwelling” means a building designed or used to house two or more families living independently of each other.

“Occupancy” means the purpose for which a building, or part thereof, is used or intended to be used.

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

“Public works director” means the public works director of the city of Langley.

“System” means all water source and supply facilities, transmission pipelines, storage facilities, pumping plants, distribution mains and appurtenances, and other attendant facilities of the city water supply system.

“Water hook-up right” means the right to obtain a service connection to the water system under the terms and conditions established in this chapter.

“Water service area” means that area consisting of the corporate limits of the city of Langley and those areas that have been or may be designated for water service by the city council. (Ord. 939, 2010; Ord. 917, 2009; Ord. 744, 1997)

13.01.020 Purpose.

The purpose of this chapter is to establish fees for service, and general rules and regulations for service and the extension of service from the city water supply system, and to promote the public health, safety and general welfare of the users of the system, in accordance with the standards established by the city, county, state and federal governments. (Ord. 744, 1997)

13.01.030 Applicability.

The provisions of this chapter shall apply to all water services, inside and outside the city limits of Langley, provided by the department, and to all work performed on the city of Langley water system. (Ord. 744, 1997)

13.01.040 Water department established – Administration.

A department of the city, which shall be designated as the water department, is established. The public works director shall be the head of the department and, subject to the authority of the mayor of the city, shall be responsible for the administration of this chapter. The public works director shall oversee and superintend the operation and maintenance of the water system, the making of repairs of all kinds, the construction of all extensions and additions, and all construction work of any nature whatsoever performed in connection with the present water system and any new systems that may be established. Any act in this chapter required or authorized to be done by the public works director may be done on his behalf by any authorized employee of the city. The clerk-treasurer shall administer all accounts and billings made pursuant to this chapter. (Ord. 744, 1997)

13.01.050 Application – Generally.

Any person desiring to have water service turned on or premises connected with the water supply system of the city shall make application to the city on printed forms to be provided for that purpose. Every application shall be signed by the owner of the property to be benefited or on which the water is to be used, or by his authorized agent, and the applicant shall agree to comply with all applicable rules and regulations which have been established from time to time, by the city. The applicant shall further agree, as a condition precedent to the furnishing of water, that the city shall have the right, after giving reasonable notice, to shut off the water supply for repairs, extensions, nonpayment of rates or for any other reason, and that the city shall not be responsible for any damage caused by the breaking, bursting, leaking or collapsing of any boilers, pipes, fixtures, water heating appliance, or other thing, or by the stoppage or interruption of the water supply, or any damage of any kind resulting directly or indirectly from the shutting off or interruption of water supply and/or service. Every application shall contain a description of the premises where such water supply is desired, and shall fully state all of the purposes for which the water is to be used, the size of the service pipe, and the number and kind of fixtures to be connected thereto. At the time of filing such application, the applicant shall pay the clerk-treasurer, or the person appointed by him for the purpose of collecting such fees, the fees for installation of water service provided in this chapter. (Ord. 744, 1997)

13.01.055 New application required for new use.

Should the applicant or occupant of the premises desire to apply the water for a purpose not stated in the original application, a new application must be made and a permit obtained as provided in this chapter. (Ord. 744, 1997)

13.01.060 Application – Form.

Application for service shall be on the forms as prescribed by the clerk-treasurer’s office. (Ord. 744, 1997)

13.01.065 Change of ownership or usage.

At the time of change in property ownership and/or change in building usage, the water department shall review the appropriate account or accounts to determine their conformance with the provisions of this chapter. If the property does not comply with this chapter, the water department shall inform the property owner in writing, outlining the required alteration(s). The alteration(s) shall be at the property owner’s expense. If the alterations involve an additional connection or connections, such hook-up(s) shall be subject to another participation fee. (Ord. 917, 2009; Ord. 744, 1997)

13.01.070 Application – Approval.

The application, when approved by the public works director, shall constitute a contract whereby the applicant agrees to conform to the provisions of this chapter, as now enacted or hereafter amended. (Ord. 744, 1997)

13.01.080 Future connections.

In making all future connections with the city water supply system, each individual building shall be considered an individual consumer and shall be supplied through a separate service connection and meter except as provided for in Section 13.01.100; provided, that the term “future connection” shall include any and all connections hereafter made, and may include, at the discretion of the city, the modification of existing connections. (Ord. 744, 1997)

13.01.090 Water consumption restrictions.

No person supplied with water from the city mains shall be entitled to use it for any purpose other than that stated in the application, or to supply it in any way to other persons or premises, except as expressly provided by this chapter. Water service may be discontinued to any person or premises, except as expressly provided by this chapter. Water service may be discontinued to any person or premises for violation of this section. (Ord. 744, 1997)

13.01.095 Service connection – No main in street.

A. Whenever an applicant requests water service to premises that do not have a standard main adjacent to the premises, a standard main must be installed as a prerequisite to connection to the city water system. The standard main must conform with the comprehensive water system plan of the city of Langley and must be installed along the complete street frontage of the premises to be served.

B. A standard main may be installed by one of the following methods:

1. The main may be installed at the property owner’s expense by a contractor under the supervision and approval of the city. The city may contract with the owner to provide for the reimbursement of such owner and his assigns for return of construction expense as outlined in Section 15.01.090.

2. The owner may petition to have the main installed by the formation of a local improvement district as prescribed by state law and the ordinances of the city of Langley. (Ord. 744, 1997)

13.01.100 Connection to water main.

A. Upon the presentation to the public works director of the clerk-treasurer’s receipt for the connection fees, the public works director shall cause the premises described in the application to be connected with the city’s water main by a service pipe extending from the main to the meter setter, which connection shall thereafter be maintained and kept within the exclusive control of the city.

B. A separate service connection with the city water main must be installed for every single-family residential and single occupancy commercial building supplied with city water, in front of which there is a main, and the building so supplied will not be allowed to supply water to other properties.

C. Separate participation fees and charges shall be charged for each dwelling unit in a multifamily dwelling, including, without limitation, additional dwelling units, apartments and condominiums. Separate participation fees and charges shall also be charged for individual units in a commercial building.

D. A single service line may be allowed to a multi-unit structure or multiple structures; provided, that one owner has agreed in writing to assume and be responsible for and pay the total water bill without any deductions for vacancies or other reasons. Base account fees shall be charged for each unit even though separate meters are not required for each unit. (Ord. 744, 1997)

13.01.105 Enlarging or removing service connections.

When an existing building is altered, or when new buildings are to be erected on the site of existing buildings, and it is desired to increase the size or change the location of the existing service connection, or where a service connection to any premises is abandoned or no longer used, the water department may remove such service connection, after which, should a service connection be required to the premises, a new service shall be placed only upon the owner making an application and paying for a new service connection in the regular manner. Such new connection shall be subject to another participation fee, as outlined in the Langley municipal fee schedule. The participation fee will be required in the amount of the difference between the current participation fee for this new use, as set forth by council resolution, and participation fees previously paid for this premises, as long as this difference is greater than zero. (Ord. 917, 2009; Ord. 744, 1997)

13.01.110 Service outside city limits.

A. All sales of water and the provision of water service outside the city limits will be allowed to existing parcels in the water service area that front on existing city of Langley water mains as of October 1, 1994. Each parcel that is in existence as of October 1, 1994, will be allowed one residential water hook-up subject to completion of a main extension outlined in Phase 1 or Phase 2 of the 1992 Langley water system plan. A parcel that existed as of October 1, 1994, and fronts on a new extension as outlined above, may be allowed one connection to the new main. Water service will not be granted to lots created after October 1, 1994.

B. Water line replacements will be made outside the urban growth area only to meet state health and safety standards and implement the city of Langley water system plan. Connections to replacement mains are governed by the criteria in subsection (A) of this section. (Ord. 744, 1997)

13.01.115 Service to urban growth area – (New).

Notwithstanding the provisions in Section 13.01.110, development proposed in the Langley UGA that is on property contiguous to the city shall be annexed to and be served by water from the city as per the provisions set forth in the June 28, 1999, interlocal agreement between Island County and the city of Langley. If development is proposed in the UGA but not on property contiguous to the city limits and, therefore, not eligible for annexation, the owner/applicant shall execute an annexation/development agreement, prepare a development plan, and comply with all provisions of the UGA Langley zone, all as set forth in the interlocal agreement referenced above, as a condition of water service being extended to serve the property. (Ord. 798, 2001)

13.01.120 Unauthorized connections.

It is unlawful for any plumber or other person to make connection with any city water main, or any conduit or pipe belonging to or under control of the city, without the prior approval of the public works director, or to make any such connection after service to the premises had been discontinued, or to turn water service on or off to any premises without permission of the public works director. (Ord. 744, 1997)

13.01.125 Waiver of participation fees for low-income housing projects.

A. Water participation fees for building permits for low-income housing may be waived as authorized by RCW 35.92.380.

B. “Low-income housing” means housing for which the monthly housing expense of the tenant(s) is no greater than 30 percent of 80 percent of the area median family income (defined by the United States Department of Housing and Urban Development (“HUD”)) adjusted for family size, for Island County, as reported by HUD.

C. The grant of any waiver shall be conditioned upon the receipt by the city of grants or donations in an amount sufficient to reimburse the water utility for the amount of the waiver.

D. The grant of a waiver to a mixed-income project shall be conditioned upon a minimum of 25 percent of the total units being dedicated to serving and benefitting low-income households.

E. The grant of any such waiver shall also be conditioned upon a requirement that the property owner record a low-income housing covenant in a form approved by the city with the Island County auditor. The covenant must run with the land and be binding on the owner(s), and their assigns, heirs and successors, and must:

1. Prohibit use of low-income housing for any purpose other than for low-income housing, as defined in this section;

2. Address price restrictions and household income limits for the low-income housing;

3. Provide that the low-income housing must remain utilized for low-income housing for the life of the project and cannot during the life of the project be converted to another use, other than for low-income housing; and

4. Address reporting and monitoring requirements and any other topics related to the provision of low-income housing deemed necessary by the city.

F. A bond, an assignment of savings account/certificate of deposit, or a check written to the city to be deposited in the city’s treasurer’s trust account, equal to the amount of the waived participation fees shall be required to ensure that the low-income housing is constructed and successfully implemented.

G. The city may, at its sole discretion, establish a monitoring fee for the low-income housing to cover the costs to the city to review and process documents and to take other steps reasonable or necessary to ensure compliance with a low-income housing covenant or other provisions of this section. (Ord. 1097 § 2, 2022; Ord. 1095 § 1, 2022)

13.01.130 Charge for shutting off or turning on water.

A. Shut-off for Noncompliance. Upon failure to comply with the rules and regulations established as a condition to obtain water service, or to pay water service charges in the time and manner provided in this chapter, as may be hereafter amended, the water shall be shut off until payment is made for the amount due plus a fee set by council resolution, in addition, for the expense of turning the water on; provided, however, that if the water is turned on outside the regular working hours of the department, a charge as set by council resolution shall be made for the expense of turning the water on; provided further, that if the occupant of the premises shall turn on the water after it has been turned off at the meter, it shall be turned off from the premises at the point of connection to the meter and a charge, as set by council resolution, made for the expense of turning it on.

B. Charges for Requested Shut-off. A water user may request that service be shut off temporarily. The charge for turning the water on shall be set by council resolution; provided, however, that if the water is turned on outside the regular working hours of the department, an additional charge, as set by council resolution, shall be made for the expense of turning the water on. (Ord. 744, 1997)

13.01.140 Cross-connection – Backflow prevention.

A. It is unlawful for any person to install a cross-connection between any private water supply within or adjacent to any premises and the public water supply system of the city. Any such cross-connection now existing or hereafter installed is hereby declared a nuisance and may be abated at once by the city without notice by disconnecting such cross-connections or by cutting off the supply of water from the city distribution system to the premises supplied.

B. No system to supply water for human consumption shall be constructed or installed in violation of Chapter 70.54 RCW or WAC 246-290-490, as the same exist or are hereafter amended.

C. Service of the city water supply system to any premises upon which a private water supply system is used or maintained contrary to the provisions of this section may be discontinued or refused.

D. It is unlawful for any person to allow any contaminants to backfeed from their private facility and/or property into the city distribution system. Any connections now existing or hereafter installed that could allow for backfeed of any contaminants into the city distribution system shall be disconnected

and/or eliminated. Connections which cannot be disconnected and/or eliminated shall require the installation of an approved backflow prevention device and regularly inspected and tested in accordance with the City of Langley Cross Connection and Backflow Prevention Manual.

E. Service of the city water supply system to any premises upon which the potential for backflow into the city system exists may be discontinued or refused unless corrective action is taken in accordance with the City of Langley Cross Connection and Backflow Prevention Manual. (Ord. 831, 2003; Ord. 744, 1997)

13.01.150 Manual adopted.

Those certain standards and guidelines entitled “City of Langley Cross Connection and Backflow Prevention Manual” dated May 2003 are hereby adopted as the official cross connection and backflow prevention requirements and conditions for all existing and new domestic water service customers of the city. Compliance with the provisions of the City of Langley Cross Connection and Backflow Prevention Manual shall be a condition of receiving the city of Langley domestic water supply. (Ord. 831, 2003)

13.01.160 Accepted application considered contract.

If any premises are connected for service as a result of an application being accepted, the written application shall be considered a contract in which the applicant agrees to abide by such rates, rules and regulations as are in effect at the time of signing the application, or as may be adopted thereafter by the city, and to pay all charges promptly. (Ord. 744, 1997)

13.01.170 Rate subject to change.

Except for special contracts, which specify the length of time to which the contract rate shall be extended, all rates, rules and regulations are subject to change or modification by the city without notice. (Ord. 744, 1997)

13.01.180 Special contracts.

The city reserves the right to make special contracts, the provisions and conditions of which may be different from or have exception to the regular published rates. Such special contracts shall be in writing, approved by the city council, and signed by proper city officials and the customer to be served. (Ord. 744, 1997)

13.01.190 Unusual customer requirements.

When a customer’s requirements for water are unusual, or large, or necessitate considerable special or reserve equipment or special consideration, the city may require a contract for an extended period, and may also require the customer to furnish security satisfactory to the city to protect the city against loss and guarantee the performance of the provisions of the contract. (Ord. 744, 1997)

13.01.200 Connection charge – Deposit required.

All water service connections shall be made by the water department and the cost of each said connection shall be billed to the property owner. The water department shall not make any connection until the property owner has paid a deposit to the city in the amount of the estimated cost of such connection. (Ord. 744, 1997)

13.01.210 Connection charge – Original installation.

A. All water service connections made hereafter to the city water supply shall be metered, and all separate buildings shall be separately connected to the city water system, except as allowed in Section 13.01.100. The total fee for the original installation of water service from the city water supply shall consist of a basic connection base charge and a participation fee (which represents a charge for a share of the entire municipal water system). The basic connection charge and participation fee shall be as set forth by council resolution for service within the city. The participation fee for connections made outside the city limits shall be twice the amount of such fees for original installations within the city.

B. The participation fee set forth in this section shall apply only to connections sizes three-quarter inch through one inch made along any street or alley where a main exists. In consideration of the charges, the water department shall lay the service pipe from the main to the meter and shall install a meter, meter box and related appurtenances to within 10 feet of the property line; provided, that all preparation including excavation, bedding, backfill, restoration, and other requirements, as may be determined by the public works director, shall be performed by the applicant for such service in a manner approved by the public works director. Responsibility for installation and maintenance of the service piping beyond the meter shall be the sole responsibility of the customer. The customer shall further be responsible for installing service connections larger than one inch under the supervision of the public works department.

C. The connection fees provided for in this section shall cover the cost of tapping the city’s water main for the necessary size of service, installing the appropriate piping necessary to reach to within 10 feet of the property line and to provide and install a meter, meter box and related appurtenances plus administrative overhead.

D. The water department may require any customer to install a pressure reducing valve, backflow preventive device, pressure relief valve or similar device at any location where the public works director determines a need, in order to protect the city’s facilities.

E. The public works director shall have the right to refuse water service or discontinue water service in any situation where it is discovered that applicable city codes and standards have not been complied with in making the installation.

F. Where a contract exists between the city and any person providing for recovery by that person of part or all of the costs of a main or extension of a main paid for and installed by such person (other than the city), in addition to those charges set forth above, a charge shall be made in such amounts as may be determined by the city council as set by resolution for each service connection to such main or extension of a main. (Ord. 917, 2009; Ord. 744, 1997)

13.01.220 Service connections and extensions.

The service connection is defined as the pipe, meter and water facilities from the city main or branch line to the outlet side of the meter setter. The city will maintain all existing, and construct all new, service connections, including the meter facilities, subject to the regulations provided in this chapter. The service extension is defined as the pipe from the meter to the point of use. The service extension shall be installed and maintained by the customer at his own expense and in accordance with the standards established by the city water department. (Ord. 744, 1997)

13.01.230 Nonstandard water service.

A. A nonstandard water service serves a property that does not abut a city water main. A premises shall not be connected to the water system of the city unless there is adjacent to the property a main owned by and under the exclusive control of the city.

B. Where a nonstandard water service exists, the customer shall maintain the nonstandard water service, in its entirety, beneath and along the public street, from the main to the premises served. Whenever any improvement within the public right-of-way within which any nonstandard water service is located requires the removal or readjustment of such pipe, the cost and responsibility therefor shall be that of the premises served and the city shall not be liable for any portion of the cost thereof.

C. Upon city acceptance of a new permanent main adjacent to the customer’s property where the customer is being served by a nonstandard water service, within six months the customer shall discontinue the use of said service and the customer shall relocate the service line from the new permanent main, to the nearest property line, at the customer’s expense. The customer shall further be responsible for connecting to the new service line and paying all costs associated with said connection. No participation fees or connection fees shall be due associated with relocation and reconnection from a nonstandard water service to a standard water service.

D. The customer shall further be responsible for and pay all latecomer fees due for his proportionate share of the cost of extension when a water main is installed adjoining his property prior to the city turning on the water to the premises served.

E. All work associated with the repair of a nonstandard service in city right-of-way shall require a right-of-way use permit and all work shall comply with the development construction standards adopted by the city of Langley. (Ord. 744, 1997)

13.01.240 Ownership, repair and replacement of facilities.

A. The ownership of all water mains and service connections from the main to the meter setter (or to the property line) shall be solely vested in the city, except for those mains which are designated as private mains and as provided in Section 13.01.230. The ownership of individual service pipe extensions from the meter to the premises served shall be that of the owner of the premises served, and the city shall not be liable for any part thereof.

B. Maintenance, repair and replacement of the service pipe from the city main to the meter (or to the property line) shall be the responsibility of the city; maintenance, repair and replacement of the service line from the meter (or from the property line) to the premises shall be the responsibility of the property owner.

C. The city shall not be required to renew or replace water mains which are placed outside the corporate limits of the city and are not owned by the city. No mains in existence at the time of the annexation of an area to the city shall be renewed or replaced by the city without resolution of the city council to do so. Water mains outside the city or in existence at the time of annexation may be maintained by the city until such time as the city shall condemn the same. In the event a main is condemned, service to those customers served will be terminated unless the property owners furnished water through such main replace it with a main meeting specifications of the city within such time as may be specified in such notice. If the city determines that the property should be served from an alternate city water main, the property owners shall be fully responsible for making that extension according to city specifications. (Ord. 744, 1997)

13.01.250 Conforming private pipes.

A. Before water will be turned on to any premises connected with the city’s mains, the service pipes upon such premises must be made to conform to all applicable laws and regulations, including such specifications as may be promulgated from time to time by the public works director. All work performed in connection with any service extension shall be inspected and approved by the public works director, or his/her designee, prior to the covering of the trench containing such pipe.

B. The fee for the above-mentioned inspection shall be set by council resolution. (Ord. 744, 1997)

13.01.260 Shut-off valve required.

The customer shall install, as close to the meter location as practicable, a suitable shut-off valve in the service connection to the meter, that will shut off all service to the premises. (Ord. 744, 1997)

13.01.270 New pipes.

All new service pipes shall be placed not less than 24 inches below the surface of the ground. (Ord. 744, 1997)

13.01.280 Billing disputes – Responsible party – Reduced utility charges in special cases.

Upon application by a utility customer, the public works director and the clerk-treasurer are hereby empowered to resolve billing disputes, on a case-by-case basis, in the following circumstances: If a private water line, valve, fixture or other appurtenance is verified to be leaking as a result of accidental damage or natural deterioration of the same, and not as a result of abuse or willful neglect, and provided that the damage is repaired within 10 days of the discovery of such, the water bill and/or sewer bill may be reasonably and equitably reduced; provided, that a customer shall be required to pay the base rate plus an amount not less than the highest usage of that account within the past year. (Ord. 744, 1997)

13.01.290 Refusal of service – Unsafe or unlawful apparatus.

The city may refuse to furnish water or may discontinue service to any premises where any apparatus, appliance or equipment using water is dangerous, unsafe, or unlawful. (Ord. 744, 1997)

13.01.300 Refusal of service – Excessive demand by customer.

The city may, in the public interest, refuse to furnish water or may discontinue service where excessive demand by one customer may be detrimental to the service which may be furnished to other customers. (Ord. 744, 1997)

13.01.310 Shut-off for repair.

The public works director may at any time order the water shut off from any premises connected with the city mains for repairs, extensions, failure to pay fees and charges as provided by this chapter, or other necessary purposes. The city shall not be liable for any damage which may occur as a result of the water being shut off to any premises, including, without limitation, the bursting of boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppage or interruption of water supply, or any other damage resulting from the shutting off of water. Water customers who have any machinery, material, process or plant which requires a constant supply of water shall install upon their premises such water storage facilities as will prevent any damage in case the city water supply may for any reason be interrupted or discontinued, and such person shall also provide backflow devices to protect against loss from the interruption or discontinuance of water service. (Ord. 744, 1997)

13.01.320 Unpaid charges – Deemed lien.

All charges for connection and service, as provided in this chapter, or as may be hereafter amended, together with penalties and interest thereon, if any, shall, in addition to being a personal liability of the applicant, be a lien upon the property with which such connection is made. Enforcement of such lien or liens shall be in any manner provided by law. (Ord. 744, 1997)

13.01.330 Unpaid charges – Service turn-off.

As an additional and concurrent method of enforcing the lien of the city for water fees and charges, at the end of 10 days following the date of first delinquency of any such charges, the public works director shall turn off the water service, and such service shall not be turned on again until such delinquent charges, together with interest and penalty thereon, if any, and the additional sum set forth by council resolution for turning the water on, shall have been paid; provided, however, that if the water is turned on outside the regular working hours of the department, an additional fee as set by council resolution shall further be paid. (Ord. 990 § 1, 2013; Ord. 744, 1997)

13.01.340 Disconnection of service – Condemned buildings.

Whenever premises supplied with water have been found by the proper authorities to be dangerous to human life and unfit for human habitation, and notice of such finding has been received by the department from said authorities, the public works director shall cause the water service to such premises to be turned off. Water service to such premises shall not be restored until the owner and/or his agent has secured a release or clearance from the proper authorities. (Ord. 744, 1997)

13.01.345 Service disconnection due to catastrophic damage.

In extraordinarily exceptional cases, where catastrophic damage has occurred to a residence or structure, rendering it uninhabitable or unfit for business due to a disaster like a fire, flood, slide, or earthquake, water may be turned off and billing may be suspended by the city until the home or business is restored. Monthly billing will resume when the structure is habitable and water service is restored. (Ord. 1003 § 1, 2014)

13.01.350 Fire hydrants.

It is unlawful for any person to open, operate, close, turn on, turn off, interfere with, attach a pipe or hose to, or connect anything with, any fire hydrant, stop valve or stopcock belonging to the city, except when duly authorized by the public works director, or unless such person is acting in an official capacity as a member of Island County fire district no. 3. (Ord. 917, 2009; Ord. 744, 1997)

13.01.360 Liability for damage to equipment and property.

The customer shall be liable for any damage to the meter or other equipment or property owned by the city which results from any intentional or negligent act by the customer, his tenants, agents, employees, contractors or licensees. The city shall be reimbursed by the customer for any such damage promptly on presentation of a bill therefor. (Ord. 744, 1997)

13.01.370 Shortage of water.

The city reserves the right in case of a shortage of water, from any cause, for the mayor to make an order forbidding or suspending the use of water for sprinkling or irrigation, or to change the hours during which the same may be done, by giving notice through the city’s official newspaper, and any person violating such order shall be subject to a penalty in an amount set by council resolution, and the water service of such violator shall be shut off and not turned on again until such penalty has been paid. (Ord. 744, 1997)

13.01.380 Installation and maintenance responsibilities.

A. The customer shall, at his own risk and expense, furnish, install and maintain in safe condition all equipment that may be required for receiving, controlling, and utilizing water. The city shall not be responsible for any loss or damage caused by the improper installation, maintenance, wrongful acts, or negligence of the customer or any of his tenants, agents, employees, contractors or licensees, in installing, maintaining, using or operating such equipment.

B. The city shall not be responsible for any damage to property caused by spigots, faucets, valves, and other equipment that may be open when service is turned on at the meter in the original installation, or when restoration of service is made after a temporary shutdown. (Ord. 744, 1997)

13.01.390 Defective service extension.

The public works director may immediately shut off any service whenever such service extension lines develop leaks, or their condition is such as to constitute a danger to the domestic water supplies of the city. Such service shall remain shut off until such lines are properly repaired or replaced. (Ord. 744, 1997)

13.01.400 Emergency service to other property.

The furnishing of water by a customer to premises other than that served by the customer’s service is prohibited, except as may be approved by the public works director during emergencies; provided, that emergency service shall not continue for more than 30 days, and an application for emergency service shall be made to the water department within 48 hours of the onset of the emergency. (Ord. 744, 1997)

13.01.410 Insufficient pressure and capacity.

When the premises for which water is sought does not abut a main with sufficient pressure and capacity to provide the required flow to the property line, the application for service may be rejected. (Ord. 744, 1997)

13.01.420 Change in size of service connection.

A request for a change of the size of a service connection shall be treated as a request for a new service installation. An additional participation fee shall be required in the amount of the difference between the current participation fee, as set forth by council resolution, and participation fees previously paid for this premises, as long as this difference is greater than zero. (Ord. 917, 2009; Ord. 744, 1997)

13.01.430 Change of occupancy or use.

A. Whenever a change of occupancy or use (industrial, commercial, irrigation, or domestic) of the served premises is made, a new application for service shall be made.

B. A change of occupancy or use to the served premises will require a new service connection, unless the existing service is adequate for the changed use, as determined by the public works director. If a new service connection is required, an additional participation fee shall be required in the amount of the difference between the current participation fee for the new occupancy or use, as set forth by council resolution, and participation fees previously paid for this premises, as long as this difference is greater than zero.

C. A change of use from irrigation only to any other use (domestic, commercial, or industrial) shall require a new application for service when an application is submitted for a building permit associated with the new use. An additional participation fee shall be required in the amount of the difference between the current participation fee for the new use, as set forth by council resolution, and participation fees previously paid for this premises, as long as this difference is greater than zero. (Ord. 917, 2009; Ord. 744, 1997)

13.01.440 Change of rates.

The city shall have the right at any time it may desire to change from a flat rate to meter rate on any connection now or hereafter made to the city water system, and install a meter, and thereupon the meter rates will be charged for such connection and the flat rate will be discontinued. (Ord. 744, 1997)

13.01.450 Flat rates.

The rates for the use of water other than measured by meters shall be known as “flat rates” and shall be as follows:

A. Unmetered single-family dwellings (separate service connection):

1. A monthly charge as set by council resolution.

B. Apartment houses, multifamily dwellings and single-family dwellings supplied from same service connection (flat rate for each dwelling unit):

1. A monthly charge as set by council resolution.

C. Industrial and commercial buildings:

1. A monthly charge as set by council resolution.

D. Flat rates for unmetered service outside of the city limits shall be 1.22 times comparable rates for unmetered service within the city. (Ord. 917, 2009; Ord. 744, 1997)

13.01.460 Rates for metered service.

Rates for metered service shall be calculated as follows:

The monthly charge for water supplied within the city limits through metered services for industrial, commercial, irrigation, or domestic use shall be the rate as set by council resolution, per month, as a minimum billing fee for each residential unit and each commercial meter. An additional amount, as set by council resolution, will be charged for each 100 gallons of water usage or portion thereof delivered per individual residential unit and each commercial meter or combination thereof. The monthly charge for water supplied outside the city limits through metered service for industrial, commercial or domestic use shall be at the rate, as set by council resolution, per month as a minimum billing fee for each residential unit and each commercial meter.

A. Commercial buildings which hold a residential unit or units will be billed a fee, as set by council resolution, for the meter and an additional fee, as set by council resolution, for each residential unit, plus a fee, as set by council resolution, for each 100 gallons of water usage or portion thereof delivered through the master meter.

B. Residential dwelling units that contain a principal commercial use that is not a home occupation under Section 18.22.060 will be billed a fee, as set by council resolution, for the commercial use and a fee, as set by council resolution, for each residential unit, plus a fee, as set by council resolution, for each 100 gallons of water usage or portion thereof delivered through the master meter.

C. Apartment units and multifamily dwelling units will be billed a fee, as set by council resolution, for each residential unit, plus a fee, as set by council resolution, for each 100 gallons of water usage or portion thereof delivered through the master meter.

D. Rates outside the city limits shall be 1.22 times comparable rates for water service within the city. (Ord. 1058 § 5 (Exh. E), 2019; Ord. 931, 2009; Ord. 917, 2009; Ord. 744, 1997)

13.01.470 Meter reading and billing.

Meters will be read at two-month intervals for the preparation of regular bills and at intermediate dates as required for the preparation of opening, closing or special bills. In the event the meter fails to register, the customer shall be charged for such period on an estimate based upon the last three months during which the meter was in good order, or such other information as may be most reliable under the circumstances. (Ord. 744, 1997)

13.01.480 Bills – Rendering.

Bills for water service will be rendered every two months. (Ord. 744, 1997)

13.01.490 Bills – Minimum rate.

If the total period of water service is less than two months, billing shall not be less than the two-month minimum rate for metered or unmetered service, as applicable. If a customer requests that their water be shut off for such reason as an extended absence, base rates shall be charged during the time of nonservice. (Ord. 824, 2003; Ord. 744, 1997)

13.01.500 Application of payment.

All payments received by the city shall be applied to payment of the months or month furthest in arrears for the property which the payment is received. (Ord. 744, 1997)

13.01.510 Accounts.

All accounts for water shall be billed as follows: Apartment complexes and multiple unit residential accounts shall be billed to the owner at the water service address or such other address as the owner shall provide to the city in writing; single-family residential accounts and commercial accounts for water shall be billed to the service address. For any property not occupied by its owner, a copy of any delinquency notice will also be sent to the owner of record, at the address as shown on county property tax records or such other address as the owner shall provide to the city in writing. Whether or not a property is occupied by its owner, the owner shall be responsible for payment of any delinquent water account balance. All service charges, as now provided in this section, or as may be hereafter amended, together with penalties and interest thereon, if any, shall be a lien upon the property to which such connections are made. Enforcement of such lien shall be in any manner provided by law. (Ord. 990 § 2, 2013; Ord. 931, 2009; Ord. 744, 1997)

13.01.515 Construction deposit.

It is the intent of the city council that all persons or business entities actively engaged in construction shall pay the city for the cost of water consumed by said person or entity during the course of construction.

Accordingly, whenever any person or business entity engaged in new construction taps into or otherwise uses the city water system, said person or business entity shall first pay a deposit to the city of Langley, prior to said person’s or entity’s use of the city water system. This deposit shall be made for the privilege of using said water system and for the purpose of covering part of the cost of said usage. When construction is complete, user’s total water consumption shall be calculated by the city and if the cost of said water consumption is less than the sum on deposit with the city, user shall receive a refund and if the cost of said water consumption is more than the sum on deposit with the city, user shall pay an additional sum to equal said cost before receiving a certificate of occupancy.

Whenever any person or entity is engaged in construction which constitutes a remodel of an existing structure connected to the city’s water system, user shall also be required to pay a deposit for water to be used during the construction period, if at any point in the construction the meter is to be disconnected or if the property did not have metered service. When construction is complete, user’s total water consumption shall be calculated by the city and if the cost of said water consumption is less than the sum on deposit with the city, user shall receive a refund and if the cost of said water consumption is more than the sum on deposit with the city, user shall pay an additional sum to equal said cost before receiving a certificate of occupancy.

Said deposit shall be calculated by multiplying a base water rate by the number of months estimated as the duration of the construction. Said base rate shall be set by council resolution. (Ord. 744, 1997)

13.01.520 Multiple residential units.

Where a separate meter has not been installed to each dwelling unit in a multiple dwelling unit building, the owner of the property upon which the multiple dwelling unit is situated shall be responsible for the payment of the water billing. In the case of multiple real property ownership, one person shall be designated by the property owners to receive the billing. Said person may be the dwelling unit owner’s association or other managing group. The city may designate one owner to receive and be responsible for the billing if the property owners do not so designate. (Ord. 744, 1997)

13.01.530 Delinquent payments.

A. Water service charges must be paid not later than 30 days after the date of mailing and the date of mailing shall be plainly noted on such bill. If not so paid, the city shall have the right to charge accrued interest at the maximum lawful allowable rate on unpaid balance from the due date until paid in full.

B. The city shall have the right to assess further penalties and terminate service upon written notice to the premises. This notice shall give the following information:

1. All accounts are delinquent 30 days after mailing;

2. The city may discontinue service to the premises past due for nonpayment;

3. Upon discontinuation of service for nonpayment, services will not be restored to the premises until payment is made as follows:

a. All delinquent amounts;

b. Accrued interest at the maximum lawful allowable rate;

c. Processing fee for notice of termination of utility services in the amount set by council resolution;

d. Reconnection charges as set by council resolution shall be charged for turning the water on;

4. In the event charges become delinquent and utilities are cut off from the premises by the public works department, there shall be assessed against the premises a late payment charge, as set by council resolution, together with accrued interest at the maximum lawful allowable rate to reimburse the city for the extra expenses of accounting and collecting which are necessitated by the late payment;

5. All customers may request a hearing at the next regularly scheduled city council meeting as to whether the water shall be shut off. A request for a hearing shall be made by contacting the city clerk-treasurer whose address and telephone number shall be stated.

C. 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 must be filed in writing by the property owner or his agent at the office of the clerk-treasurer on a form provided for that purpose. No change of ownership or occupation shall affect the application of this section.

D. All delinquent charges constitute a lien on the premises as provided by RCW 35.21.290. (Ord. 744, 1997)

13.01.540 Water meters – Ownership.

All meters installed on water service connections by the water department shall be and remain the property of the city and shall be operated or removed only by the department. (Ord. 744, 1997)

13.01.550 Water meters – Placement – Inspection.

A. The location of the meter or meters used in measuring the customer’s use of water must be in a place satisfactory to the city before service will be supplied. Where meters are presently, or may be installed, within a building, the city will not be responsible for damage from water seepage through the wall, nor for damages from leaking meters, pipes or fittings.

B. Meters, whether installed on city or private property, shall be the property of the city. The applicant, as a condition of his contract for water service, guarantees access to the meter for purposes of reading and maintenance thereof.

C. No rent or other charges will be paid by the city for meter and appurtenant facilities located on a customer’s premises. (Ord. 744, 1997)

13.01.560 Meter testing – Adjustment of bill.

A. Upon request from a customer, based upon a complaint that the water bill for any period has been excessive, the department shall have the meter reread.

B. Should the customer then request that the meter be tested for accuracy, he shall make a deposit, as prescribed herein, with the city clerk-treasurer. The customer shall have the privilege of being present when such test is made. In case the test discloses an error of more than three percent in favor of the city, said deposit shall be refunded to the customer, a correct registering meter shall be installed, and the customer’s account shall be credited with the excess consumption over the three previous readings. When the test discloses no such error, the amount deposited shall be retained by the water department to cover a part of the cost of such test. No meter shall be removed or in any way disturbed, nor the seal broken, except in the presence of the service director or his authorized representative.

C. In the event that the procedures listed above do not answer and/or settle the complaint registered, the customer shall have the right to make an appeal to the city council for resolution of the complaint, by noting the complaint for discussion on the city council’s agenda at the next regularly scheduled city council meeting. If said appeal is not made within 30 days after the water department’s inspection, said right to appeal shall be deemed waived. The city council’s decision shall be final and not subject to further appeal. (Ord. 744, 1997)

13.01.570 Meter testing – Deposit.

The amount of the deposit shall be as set by council resolution. The person requesting the test shall be billed the actual cost for the meter test minus the deposit made. (Ord. 744, 1997)

13.01.580 Under-registering caused by tampering.

If a meter under-registers the amount of water due to tampering with the meter and/or piping, or in other ways causing under-registration, the service may be discontinued, and will not be reconnected until the customer has made adjustments for the loss of revenue and given satisfactory assurance that there will be no more tampering to cause under-registration. (Ord. 744, 1997)

13.01.590 Damage by hot water.

If a meter is damaged by hot water from the customer’s line, the customer will be required to pay for the cost of repair and for the loss of revenue occasioned by the damage, and the customer shall immediately make the necessary corrections to his own water line to prevent further damage to the city meter. (Ord. 744, 1997)

13.01.600 Removal, replacement and repair.

All meters, unless otherwise authorized by the public works director, shall be and remain the property of the city and will not be removed unless the use of water on the premises is to be entirely stopped or the service connection discontinued or abandoned. In all cases where meters are lost, damaged or broken by carelessness or negligence of owners or occupants of the premises, or their employees, contractors or agents, they shall be replaced or repaired by or under the direction of the public works director, and the cost charged against the owner and/or occupant, and in the case of nonpayment, the water shall be shut off and will not be turned on until such charges and the charge for turning on the water are paid. (Ord. 744, 1997)

13.01.610 Effective date of contract and rates.

All contracts shall take effect from the day they are signed and rates shall be charged from the day the premises has a water hook-up right, a water connection permit, or are connected with the city’s water supply, whichever comes first. Water rates shall be in effect as long as the premises has a water right. (Ord. 939, 2010; Ord. 744, 1997)

13.01.620 Location change – Cost.

Except as otherwise provided in this chapter, when it is necessary for the convenience of the city or because of the installation of new water mains to change an existing domestic water meter or domestic water service location, such new location shall be made at the cost and expense of the water department, except that the property owner shall reinstall his domestic water service pipe to connect with the water meter as relocated at his own expense. (Ord. 744, 1997)

13.01.630 Termination of service.

A. Should any customer desire to terminate water service, he shall give written notice stating the date of such termination and pay all unpaid charges at the office of the clerk-treasurer. The customer shall be responsible for all charges accruing prior to such date, or in the case of failure to give notice, until the date of actual disconnection by the city.

B. Upon proper application, the payment of all unpaid water and sewer charges, and the additional payment of $10.00, the department will turn on the water service again. No change of ownership or occupation shall affect the application of this section. (Ord. 744, 1997)

13.01.640 Emergency turn-on and turn-off fees.

Whenever a request is made of the department for an emergency “turn-off” or “turn-on,” or temporary discontinuance of water service to any premises, which necessitate immediate action, charges shall be made as set by council resolution. (Ord. 744, 1997)

13.01.650 Orders for turning water on and off.

All orders for turning water on or off must be made in writing to the public works director and must be signed by the owner of the property from which the water is ordered shut off or turned on, or his duly authorized agent. (Ord. 744, 1997)

13.01.670 Service to additional buildings.

It is unlawful for any person whose premises are supplied with water to furnish water to additional premises, buildings or persons except as expressly provided and permitted by this chapter, as may be hereafter amended. (Ord. 744, 1997)

13.01.680 Failure to obtain permit for additional families or premises.

Except as otherwise provided by this chapter, when additional families or premises are connected without an application and permit as prescribed by law, such premises shall be charged at double the rate for the time they are in use, and the service may be shut off by the public works director and a charge as set by council resolution made for shutting off and turning on such service, and where the water has been shut off as provided in this section, the same shall not be turned on again until all rates and charges against said premises have been paid in full. (Ord. 744, 1997)

13.01.690 Turn-on – New installation.

When new water service connection is installed by the department for any premises, the valve at the meter shall be turned to the “off” position and remain off until a “turn-on” is applied for and an order issued by the department upon written application therefor by the owner of the premises, to be supplied after inspection and approval by the department. (Ord. 744, 1997)

13.01.700 Turn-on – Unauthorized.

A. It is unlawful for any person, except duly authorized employees of the city, to turn on the water supply to the premises after a turn-off is made at the meter by the city.

B. A water service to any premises turned on by an unauthorized person, after said water service has been turned off by the department, may, upon discovery, be disconnected by the city from the water main in the street, and shall not be connected again until all fees due as a result of the disconnecting and reconnecting of such service are paid. (Ord. 744, 1997)

13.01.710 Liability disclaimer.

The city shall not be liable for any damage to persons or property resulting from a turn-off or turn-on of the water service, including, but not limited to, situations where water service is left on between a change of customers occupying the premises, at the request of one of the customers, or the service is disconnected for nonpayment or “no contract.” (Ord. 744, 1997)

13.01.720 No remission of rates.

When water has been shut off for any cause, and is turned on again, or allowed or caused to be turned on, by the owner, no remission of rates will be made on account of its having been shut off. (Ord. 744, 1997)

13.01.750 Temporary mains.

A. No temporary main shall be permitted to be installed as part of the city’s water system.

B. Temporary mains and main extensions, however, may be acquired, maintained and operated by the water department where provisions have been made by the owners of such mains to standardize such installations, in compliance with the standards of permanent mains, under terms of agreement entered into with the city council. Where necessary, said agreement may provide for a surcharge rate or charge to be levied by the city for a specified period of time to provide sufficient revenues to assure compliance with city standards. The city engineer shall, before recommending such acceptance, delineate the temporary mains included in such installations, which are to be brought up to the city standards, on a map to be included as an exhibit under the aforementioned agreement. (Ord. 744, 1997)

13.01.760 Tampering or destruction of equipment prohibited.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is a part of the city domestic water system. Each violation thereof shall be assessed the minimum fine of $100.00, plus the costs for time and materials and 15 percent overhead for repair of the damage to the water system. (Ord. 744, 1997)

13.01.770 Violation – Correction of conditions.

Any person who shall violate any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by reason of such violation. (Ord. 744, 1997)

13.01.780 City not liable for damages.

The city shall not be liable for damages, nor will allowances be made for loss of production, sales or service, in case of water pressure variation, or in case the operation of the city’s source of water supply or means of distribution fails, or is curtailed, suspended, diminished or interrupted for any cause. Such pressure variations, failure, curtailment, diminishment, suspension, interruption or interference shall not be held to constitute a breach of contract on the part of the city, or in any way affect any liability for payment for water made available or for money due on or before the date of such occurrence. (Ord. 744, 1997)

13.01.790 Loss or damage in line.

The city shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing or equipment, and the city may, without notice, discontinue service to any customer when a defective condition of plumbing or equipment upon the premises of the customer results, or is likely to result, in interference with proper service or is likely to cause contamination of the water. The city does not assume the duty of inspecting the customer’s line, plumbing or equipment, and shall not be responsible therefor, and will not be liable for failure of the customer to receive service on account of defective plumbing or apparatus on the customer’s premises, or for excessive consumption. (Ord. 744, 1997)

13.01.800 Fire protection – Nonliability of water department.

The city shall not be liable or responsible for any losses by fire by reason of any lack of supply of water or water pressure at the time of fire alarms or at any other time. Water is supplied for domestic purposes, not for fire protection to any consumer, and all contracts for water are made subject to this rule. (Ord. 744, 1997)

13.01.810 Violation – Penalty.

Violation of or failure to comply with any of the provisions of this chapter shall be subject to a civil penalty as set forth in Chapter 1.14. When violations are of a continuing nature, the penalty shall increase each day of the violation as set forth in Section 1.14.050(E). (Ord. 832, 2003; Ord. 744, 1997)