Chapter 13.08 WATER RATES

The word “utility superintendent,” whenever used in this chapter, shall be held and construed to mean the utility superintendent of the city. The word “person,” whenever used in this chapter, shall be held to mean and include natural persons of either sex, associations, copartnerships, and corporations, whether acting by themselves or by a servant, agent, or employee; the single number shall be held to include the plural and the masculine pronoun to include the feminine. The word “premises,” whenever used in this chapter in reference to residence, shall be held and construed to mean a single dwelling unit. The words “outside the city limits,” whenever used in this chapter, shall be construed to mean and relate to territory situated beyond the corporate limits of the city of North Bend. (Ord. 526 § 1, 1980).

13.08.020 Form.

Applications for the use of water must be made on printed forms to be furnished at the office of the city clerk, whereon the applicant must state fully and truly all the purposes for which the water may be required, and must agree to conform to the rules and regulations as a condition for the use of the water. All new services shall be metered. Water shall be furnished at metered rates. The charge shall in no case be less than the minimum charge for one month. All meters, meter boxes, service lines from the main to the meter and valve shall be and remain the property of the city.

Applications for use of water by water users outside the city shall be on forms provided by the city. Water availability certificates are sometimes necessary for land use proposals and use of water outside the city limits. The fee for a water availability certificate issued by the city shall be as established by the taxes, rates and fees schedule adopted by ordinance. (Ord. 1237 § 9 (part), 2005: Ord. 526 § 2, 1980).

13.08.030 Use of water.

No person supplied with water from the city mains will be entitled to use it for any other purpose than those stated in his or her application for the water connection service from the city. (Ord. 526 § 3, 1980).

13.08.040 Arrangement of service pipes.

The service pipes must be so arranged that the supply to each house or premises may be controlled by a separate water meter setter placed within and near the line of the street curb, and one person must pay for all water used through said services for his own use or the use of others to whom it may be accessible. (Ord. 526 § 4, 1980).

13.08.050 Service to several houses.

Where water is now supplied through one service to several houses, families, or persons, the utility superintendent may either decline to furnish water until separate service is provided or may meter this service at the owner’s expense. In no case shall the separate minimum service charge for each house, family, or person served be less than the minimum charge for one metered service. (Ord. 526 § 5, 1980).

13.08.060 Service pipe placement – Size.

When a permit for the introduction of water has been granted, service pipe and connections from the main to and including the stopcock and meter to be placed one foot inside of the curbline will be put in and maintained by the water department and kept within its exclusive control. In case of application for water service on premises not abutting upon a street upon which there is a city water main, the city will lay its connection toward the premises for a distance equal to the distance from the main to the curbline, said distance in no case to exceed 40 feet, and permit connection therewith by means of a union and pipes laid at the expense and maintained by the owner of the service, or may in the discretion of the utility superintendent, upon payment of the actual costs thereof, extend the services to the premises of the applicant along and beneath any public street or avenue of the city. No premises shall be allowed to have more than one service connection, except the connection for fire purposes as hereinafter defined; provided, that in the case of industrial or commercial use, two or more connections may be allowed in which case each meter shall be read and computed separately. (Ord. 526 § 6, 1980).

13.08.070 Installation fees.

A. The additional charges for the installation of meters and water service connections shall be as established by the taxes, rates and fees schedule adopted by ordinance.

B. The charge for a meter drop to an existing service connection shall be as established by the taxes, rates and fees schedule adopted by ordinance. (Ord. 1237 § 9 (part), 2005: Ord. 526 § 7, 1980).

13.08.080 Placement in relation to sidewalk.

The service pipes from the water meter setter to the building must be placed at least two feet below the grade of the sidewalk and the surface of the ground inside the property line. (Ord. 526 § 8, 1980).

13.08.090 Protection of water meter setter from frost.

A water meter setter protected from the frost must be placed inside of the property line, with suitable opening or handle maintained, so that the water may be shut off in the event of a break or for repairs or alterations to the fixtures without the water angle valve being closed. Stop and waste cocks should be located where needed in order to drain the pipes in freezing weather. (Ord. 526 § 9, 1980).

13.08.100 Responsibility for repair of service pipe.

A. The maintenance and repair of the service pipe on the user side of the water meter setter is the responsibility of the owner of the premises being served. The owner shall keep said service pipe in good working order.

B. In the case of a leak in the service pipe, the owner may be entitled to an adjustment on his water bill; provided, that within seven days of the leak’s discovery by the owner or within seven days of the city notifying the owner of a probable leak, whichever sooner occurs, the owner submits to the city an invoice showing that the leak has been repaired. A leak adjustment shall be available to the owner once every five years or at the discretion of the city administrator or his designee.

C. If the conditions in subsection B are met, then the water bill in the month the leak is detected shall be adjusted. The adjusted rate for the month in which the leak was detected shall be equal to the average of the water charges of the three-month period consisting of the same month from the previous year as the month the leak was discovered, and the month before and after the previous year. Said three-month average shall be the adjusted rate for the month in which the leak was detected. (Ord. 1002 § 1, 1996; Ord. 678 § 1, 1986: Ord. 526 § 10, 1980).

13.08.110 Permission required for alteration.

No person will be allowed to make connections with the city mains or to make alterations in any conduit pipe or other fixtures connecting therewith or to connect pipes where they have been disconnected, or to turn off or turn on water on any premises without permission from the city utility superintendent. (Ord. 526 § 11, 1980).

13.08.120 Extension of water mains.

All persons desiring extensions of water mains maintained by the city shall be charged the actual costs of materials, labor, equipment rentals and fringe and overhead costs. (Ord. 526 § 12, 1980).

13.08.130 Rates established.

Monthly charges shall apply to water supplied from the city of North Bend’s water distribution system as established by the taxes, rates and fees schedule adopted by ordinance for the following classes of accounts.

A. Single-family residential units inside the corporate city limits including units in duplexes, triplexes and other multifamily dwellings, provided the unit is supplied with a separate water service connection.

An additional charge over the minimum cubic meters shall be made by the city; provided, however, that a senior low income rate shall apply to any single-family residential unit inside the corporate limits of the city, including units in duplexes, triplexes and other multifamily dwellings; provided the unit is supplied with a separate meter service connection, for all residences in which the person responsible for payment of the charge has an annual gross income determined to be “low income” by utilizing the U.S. Department of Housing and Urban Development guidelines, and (1) is 65 years of age or older, and (2) is determined to be disabled by the Social Security Administration. Proof of age and income must be provided to the city on a form prepared by the city administrator, and the reduced charge shall take effect for water service provided in the month following the month in which proof of age and income is received.

An additional charge for each cubic meter consumed over the minimum shall be made by the city.

B. All duplexes, triplexes, apartment houses, other multifamily dwellings and trailer courts inside the corporate limits of the city that are serviced by only one meter service connection shall pay the minimum charge for each unit, plus an additional charge for each cubic meter over the minimum.

C. All other uses within city limits shall pay the specified minimum charge plus the charge for each cubic meter consumed over the minimum.

D. Single-family residential units outside the city limits including units in duplexes, triplexes, and other multifamily dwellings that are served by separate meter connections shall pay the specified minimum charge plus the charge for each cubic meter consumed over the minimum.

E. All duplexes, triplexes, apartment houses, other multifamily dwellings, and trailer courts outside the city limits that are served by only one meter service connection shall pay the specified minimum charge, plus an additional charge for each cubic meter over the minimum.

F. All other users outside the city limits, excluding water companies, shall pay the specified minimum charge plus the charge for each cubic meter consumed over the minimum.

G. The charges relating to water companies, water associations, water districts, and water processors shall be as established by the taxes, rates and fees schedule adopted by ordinance.

H. Any customer account within the corporate limits of the city serviced by meter connections solely for lawn, garden or landscape watering or other irrigation purpose shall pay the specified minimum charge plus the charge for each cubic meter over the minimum.

I. Contractors may request a temporary connection to the city’s water system to obtain water for construction purposes. The contractor shall pay a deposit for the installation of a water meter, refundable upon termination of the temporary connection if the meter remains in good working condition. The contractor shall pay an additional fee for a hydrant permit and an administrative fee for each day that the water meter remains installed. The contractor shall pay an additional charge per cubic meter for each cubic meter of water consumed during the temporary connection. (Ord. 1237 § 9 (part), 2005: Ord. 1067 § 1, 1999; Ord. 1012 § 1, 1997: Ord. 984 § 1, 1996: Ord. 867 § 1, 1991: Ord. 639 § 1, 1984: Ord. 526 § 13, 1980).

13.08.135 Water companies, water associations, water districts and water processors – Alternate rates.

The council may authorize the mayor to enter into a contract with any water company, water association, water district, or water processor for the provision of water by the city at a rate established by the taxes, rates and fees schedule adopted by ordinance; provided, that the rates established pursuant to any such contract shall be reasonable and shall be available to all public entities purchasing water from the city; and provided further, that the rates established pursuant to any contract with a private entity shall fairly compensate the city for providing water to such private entity. (Ord. 1237 § 9 (part), 2005: Ord. 1012 § 2, 1997: Ord. 984 § 2, 1996: Ord. 867 § 2, 1991: Ord. 616 § 1, 1984).

13.08.140 Due date and delinquent charges.

All charges for water supply during a monthly period shall be due and payable upon billing. In addition, any account not paid within 30 days of billing shall accrue interest at the maximum lawful allowable rate on the unpaid balance from the due date until paid in full. Whenever water service has been discontinued, or having been discontinued, is reconnected, the applicant shall pay turn-on or turn-off charges as stipulated in NBMC 13.40.070. (Ord. 1237 § 9 (part), 2005: Ord. 686 § 1, 1986: Ord. 613 § 1, 1984).

13.08.150 Delinquent charges.

The city shall have a lien for delinquent and unpaid charges for utility services supplied to the premises and such lien shall be enforceable in the manner as provided by law, including the discontinuance of all city utility services. The discontinuance of service shall be in addition to all other methods of collection and enforcement provided by city ordinance or state statute. (Ord. 723 § 14, 1987: Ord. 651 § 1, 1985: Ord. 613 § 2, 1984).

13.08.160 Monthly charges.

The water rates will be charged to the property owners on a monthly basis without reduction for periods of unoccupancy unless the property owner requests the utility superintendent of the city to disconnect the water supply to the property. (Ord. 526 § 16, 1980).

13.08.165 Connection charges – Segregation of land.

Repealed by Ord. 935. (Ord. 620 § 1, 1984).

13.08.170 Water companies.

For the purpose of this chapter, a water company means any corporation, company, association, joint stock association, partnership, or person, their lessees, trustees or receivers appointed by any court which is engaged in the distribution, sale, or furnishing of water, either for domestic, irrigation, or any other purposes. Water companies shall not be permitted within the corporate boundaries of the city. (Ord. 526 § 17, 1980).

13.08.180 Responsibility for meters.

A. All meters shall be and remain the property of the city and may be installed or removed at the direction of the utility superintendent.

B. In the event of a meter getting out of order and failing to register properly, the consumer shall be charged at the average daily consumption as shown by the meter during the corresponding three-month period of the preceding year. In all cases where meters are lost, injured, or broken by carelessness or negligence of the owners or occupants of the premises, they shall be replaced or repaired by or under the direction of the utility superintendent and the costs charged against the owner or occupant, and in the case of nonpayment, the water service will be terminated and will not be turned on until such charges and the charge for turning on the water are paid. (Ord. 526 § 18, 1980).

13.08.190 Meters for building purposes.

Contractors may, for building purposes, make application for water by meter, and the water department shall set a meter upon approval of said application. Payment shall be made in advance by such contractor for the estimated cost of setting and removing the meter. (Ord. 526 § 19, 1980).

13.08.200 Keeping access to meter unobstructed.

Water consumers shall keep their premises adjacent to the meter free from all rubbish or material of any kind which will prevent the employee of the water department from having access to the meter. (Ord. 526 § 20, 1980).

13.08.210 Meter disconnection.

It is unlawful for any person to disconnect or remove any meter when installed, as provided by this chapter. In case it is necessary to move a meter, notice shall be given to and written permission obtained from the water department. (Ord. 526 § 21, 1980).

13.08.220 Forbidding use for irrigation or sprinkling.

The city reserves the right to make an order forbidding the use of water for irrigation or sprinkling purposes in the event of a water shortage. Whenever the mayor, in consultation with the utilities superintendent, decrees that there is a water shortage, the mayor shall sign an emergency order and proclaim the use of water for washing cars, watering lawns or irrigating gardens to be prohibited and shall publish the order in the local newspaper and shall further specify such restrictions that he deems necessary to conserve water during the periods of water shortage. Any person violating such order shall be subject to a charge as established by the taxes, rates and fees schedule adopted by ordinance as a civil penalty for each offense and the utilities superintendent shall have the authority to terminate the water service to the violator’s premises. In no case shall the water be turned on for the use of such offender until such civil penalty has been paid and the charge provided in NBMC 13.40.070 has been paid to the city. (Ord. 1237 § 9 (part), 2005: Ord. 526 § 22, 1980).

13.08.230 Defacing fixtures.

It is unlawful for any person to break, deface, or damage any water meters, gate, pipe, or other waterworks appliance or fixture, or in any other manner interfere with the proper operation in any part of the water system of the city, and anyone found violating any of these provisions, unless otherwise provided for, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for other misdemeanors as provided by law. (Ord. 526 § 23, 1980).

13.08.240 Inspection.

Agents of the water department shall have access at all proper hours of the day to all parts of the buildings or premises in which water may be delivered from the city mains, for the purpose of inspecting the condition of the pipes and fixtures, and the manner in which the water is used. Upon refusal to permit such inspection, water service may be disconnected and shall not be reconnected until such inspection is permitted, and all delinquent water rates, together with the proper turn-on charges, have been paid. There shall be an inspection fee as established by the taxes, rates and fees schedule adopted by ordinance and a capital improvement charge for the meter size being used by the property owner for meter installations installed by noncity employees. See the taxes, rates and fees schedule for the capital improvement charge. (Ord. 1237 § 9 (part), 2005: Ord. 526 § 24, 1980).

For statutory provisions regarding service rates for municipal water system, see RCW 35.92.010.