Chapter 13.20
RATES AND CHARGES
Sections:
13.20.010 Water – Schedule of charges for service and consumption.
13.20.015 Minimum monthly rate.
13.20.020 Water – Consumption charges inside the City.
13.20.025 Intermittent service – Abandonment – Reinstatement – Fees.
13.20.030 Water – Service charge billings to be determined by meter size.
13.20.040 Water – Service rates outside City limits.
13.20.050 Reinstatement of water service after turning off for nonpayment.
13.20.060 Water – Tampering with turn-on valve prohibited – Penalty for violation.
13.20.070 Water – Multiple unit charges.
13.20.080 Water – Joint users charges.
13.20.090 Public sewer service – Schedule A – Monthly.
13.20.100 Public sewer service – Charges outside of City limits.
13.20.120 Water system equity fees – Meter installation costs.
13.20.130 Sewer system equity fees.
13.20.140 Billings of water, sewer and garbage service.
13.20.150 Fire hydrant meters – Rental agreement – Fees.
13.20.160 Pretreatment charges and fees.
13.20.010 Water – Schedule of charges for service and consumption.
The charges for service and domestic water consumed by customers inside and outside the corporate limits of the City shall be upon the applicable schedule set forth on the schedule of fees and charges in SMC 2.02.020, effective June 1, 1983. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1399 § 1, 1983; Ord. 1252 § 2, 1980; 1956 Code § 3-501, § 701.]
13.20.015 Minimum monthly rate.
The minimum monthly rate for water service shall be the applicable meter charge as established from time to time and set forth on the schedule of fees and charges in SMC 2.02.020. The minimum monthly charge shall include the first 300 cubic feet of water usage each month. All water usage above 300 cubic feet per month shall be charged at the consumption charge rates set forth in SMC 2.02.020. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2015-1 § 5, 2015; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 2108 § 1, 2005.]
13.20.020 Water – Consumption charges inside the City.
For water delivered, based upon monthly meter readings, billings shall be in accordance with the table located at SMC 2.02.020. The monthly rate shall be the applicable minimum monthly meter charge plus a consumption charge.
No charge shall be made for water delivered to fire sprinkler systems for firefighting purposes; however, the entire installation of a separate service connection including necessary valves and detector equipment, all as deemed required by the Director, shall be made by the City and the full cost of this work shall be borne by the owner or owners of the property so served. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2015-1 § 5, 2015; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 2108 § 1, 2005; Ord. 2071 § 2, 2004; Ord. 2063 § 1, 2003; Ord. 1942 § 2, 1997; Ord. 1930 § 2, 1996; Ord. 1839 § 2, 1993; Ord. 1714 §§ 4, 5, 6, 1990; Ord. 1578 § 2, 1986; Ord. 1399 § 3, 1983; Ord. 1357 § 3, 1982; Ord. 1252 § 2, 1980; 1956 Code § 3-501, § 701. Formerly 13.20.030.]
13.20.025 Intermittent service – Abandonment – Reinstatement – Fees.
A. Intermittent Service – Fees. Property owners may request to have their water and/or sewer service turned off for intermittent periods. Any property owner so requesting such temporary termination of service, except for needed repairs to be made during normal City business hours, shall complete and sign an application provided by the City Clerk and shall pay a turn-off/turn-on fee in the amount set forth in SMC 2.02.020. It is further provided that the utility charges against said property must be paid current to receive such intermittent turn-off and turn-on.
B. Abandonment of Utility Service. In the event sewer and/or water service is shut off for nonpayment of delinquent utility charges, and the property owner has failed to pay in full all accrued water and/or service charges for a period of one year after such shut-off, the City may declare such water service and/or sewer service abandoned in accordance with the following procedure. To declare abandonment of any service, the City shall mail, by certified mail, return receipt requested, or personally deliver to the property owner a notice of proposed abandonment. Such notice shall state that, unless all accrued unpaid service charges are paid in full within 30 days of the date of such notice, the City shall declare such service abandoned and cause notice of abandonment to be filed and recorded against such property in the Yakima County Auditor’s Office. If the owner of the property intentionally abandons such services and delivers written notice thereof to the City, the City shall thereupon file and record a notice of abandonment with the Yakima County Auditor’s Office. Abandonment of such service shall be deemed effective upon such filing and recording with the Yakima County Auditor’s Office. Upon abandonment, the City may remove any utility service meters or fixtures serving the property.
C. Reinstatement of Service after Abandonment. If any person desires to reinstate any utility service which has been abandoned pursuant to this section, such request shall be deemed a request for new sewer and/or water utility service installation and hookup. Prior to such reinstatement of service, the person requesting such reinstatement shall first pay in full all applicable hookup and connection charges then current pursuant to SMC 2.02.020, including costs and charges for new service meter and fixtures regardless of whether or not such meter and fixtures have previously been removed by the City and excluding any applicable equity fee defined in SMC 2.02.020, as said section exists or is hereinafter amended. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1989 § 1, 1999; Ord. 1902 § 1, 1995; Ord. 1839 § 3, 1993; Ord. 1714 §§ 7, 8, 9, 1990; Ord. 1594 § 1, 1987. Formerly 13.20.035.]
13.20.030 Water – Service charge billings to be determined by meter size.
Billings for the service charge shall be determined by the meter size deemed by the Director as necessary to efficiently meter water delivered to the water customer. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1252 § 2, 1980; 1956 Code § 3-501, § 701. Formerly 13.20.040.]
13.20.040 Water – Service rates outside City limits.
Water service outside the City corporate limits shall be furnished where approved by an outside utility agreement at a rate of one and one-half times that stipulated for inside the City corporate limits. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1252 § 2, 1980; 1956 Code § 3-501, § 701. Formerly 13.20.050.]
13.20.050 Reinstatement of water service after turning off for nonpayment.
In addition to the late fee penalty assessed pursuant to SMC 2.02.020, the property owner shall be required to pay in full all accrued and unpaid amounts due and owing on said utility account prior to reinstatement of utility service, plus a fee in the amount as set forth in SMC 2.02.020 for turn-off/turn-on of the utility service. The fee for utility turn-off/turn-on may be adjusted annually by the City Manager to reflect adjustments or changes in maintenance and operations costs of the water utility; provided, however, that no annual increase shall exceed six percent without prior approval of the City Council. In the event such rate is modified, the City Manager shall post the new rate at the offices of City Hall and may distribute or publish such new rate as deemed appropriate to advise the public. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 2136 § 1, 2006; Ord. 2108 § 2, 2005; Ord. 1990 § 1, 1999; Ord. 1252 § 2, 1980; 1956 Code § 3-501, § 701. Formerly 13.20.060.]
13.20.060 Water – Tampering with turn-on valve prohibited – Penalty for violation.
No person shall be permitted to tamper with the water turn-on valve. Any person found guilty of violating this provision shall be deemed guilty of a misdemeanor. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1510 § 1, 1985; Ord. 1252 § 2, 1980; 1956 Code § 3-501, § 701. Formerly 13.20.070.]
13.20.070 Water – Multiple unit charges.
A. General. Except as provided in subsection (C) of this section, in the case of hospitals, apartments, cabins, hotels and business houses, where such units are so situated on property that the individual unit cannot lawfully be deeded as separate property, such units shall be classified as multiple units and are not to be considered as individual units. Also included in this classification of multiple unit shall be the Sunnyside Housing Authority situated on lands owned by said Authority, where water mains within such housing project have been installed and are maintained by said Authority or its predecessor.
B. Multiple Unit Charges. Charges for such multiple unit customers listed above shall be billed to one applicant for the entire unit and consist of a service charge for the applicable meter size serving the overall unit, as shown on the schedule in SMC 2.02.020, plus a charge for water delivered.
C. Manufactured Home Parks.
1. New Manufactured Home Parks. Each manufactured home park constructed after January 31, 2005, shall include separate individual water, sewer and utility service connections for each manufactured home or other residential unit or structure within the park, all pursuant to SMC 16.12.190, Utilities (for mobile home parks). Utility billings shall be sent to the resident or tenant of each manufactured home or other residential unit in the park unless the owner of the park requests in writing that such billing or billings be tendered to such owner. In all cases, any unpaid bills by tenants are the responsibility of the owner of the manufactured home and shall become a lien on the manufactured home if unpaid. Billings for water provided through meters installed by the owner of the park for purposes of providing water to playgrounds, parks, landscape areas or other areas intended for the benefit of park residents or the public shall be sent to the owner of such park for payment.
2. Existing Manufactured Home Parks. Each manufactured home park existing as of February 1, 2005, shall have the option to maintain the existing billing procedures authorized pursuant to subsection (B) of this section or to install separate individual meters and utility connections serving each manufactured home or other unit within the park. If the latter option is implemented, the manufactured home park shall be governed by subsection (C)(1) of this section and the provisions of SMC 16.12.190, including but not limited to the following procedures: The City shall provide for or perform water meter reading for such meters installed. The resident of the manufactured home or other residential unit in the park shall be directly responsible for payment of the water and other utility charges (utility bill) unless the owner of the manufactured home or other residential unit specifically in writing requests such billing be made to the owner of such manufactured home or other residential unit. The City shall bill the owner and/or resident of such manufactured home or other residential unit served by the utility connection in accordance with the billing rates, schedule and procedures of the City. Billings for water provided through any meters serving playgrounds, parks, landscape areas or other areas intended for use by park residents or the public shall be sent to the owner of the park for payment. The City shall also read the master meter serving the park. Billing for any City water flowing through such master meter in excess of the water accounted through the total water flowing through the individual meters in any billing cycle shall be delivered to, and paid by, the owner of the park. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 2096 § 2, 2005; Ord. 1252 § 2, 1980; 1956 Code § 3-501, § 701. Formerly 13.20.080.]
13.20.080 Water – Joint users charges.
Where two or more individual-unit customers are served by a single meter, and such service has been authorized in view of special considerations by the Director, water bills shall be computed separately for each such individual unit as follows:
A. A monthly service charge, consisting of the meter charge and the consumption charge, shall be made for each individual unit based upon the meter size deemed by the Director as necessary to efficiently meter water delivered to the individual unit as if that individual unit were independently connected to the water system.
B. A minimum of 300 cubic feet of water shall be allotted to each individual unit and included in the minimum meter charge.
C. Any excess water usage exceeding the aggregate of a 300-cubic-foot minimum times the number of individual units shall be divided equally to each individual customer and billed in accordance with the applicable rate schedule set forth in SMC 2.02.020.
D. The billing shall be tabulated as described above and the totaled amount billed to the one applicant responsible for the joint users serviced from a single meter; and, in all such cases, all such individual users shall be jointly and severally liable for the excess of water used above such minimum amount and be jointly affected by any prohibition herein as to use by others and, in case of delinquency of one such joint user, the City shall have the same remedy as though all such joint users were delinquent. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2015-1 § 5, 2015; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1252 § 2, 1980; 1956 Code § 3-501, § 701. Formerly 13.20.090.]
13.20.090 Public sewer service – Schedule A – Monthly.
The charge for public sewer service to locations within the City limits shall be upon the applicable following schedule; provided, that in the event billings are made in alternate months, the following charges are to be doubled:
A. Charges for sewer services shall be based upon monthly water readings, except as otherwise provided in this section. The monthly sewer billings shall be in accordance with the table set forth in SMC 2.02.020.
B. All customers whose water consumption would be affected by the use of water for irrigation purposes shall be charged an average monthly sewer rate, for the months of March through November, based upon the monthly average for water consumption readings for the preceding months of December through February, according to the rates set forth in SMC 2.02.020.
C. Those customers who do not receive City domestic water service but who receive City sewer service, so that a discharge rate cannot be determined from water consumption, shall pay a flat rate as set forth in SMC 2.02.020. Larger dischargers will be required to install a flow meter to determine sewer charges.
D. Commercial/Industrial Users. All commercial customers and processing plant water users, whether minor or significant, whose waste discharge contains a BOD (biochemical oxygen demand) strength not to exceed 300 milligrams per liter shall pay monthly sewer charges as set forth in SMC 2.02.020.
BOD tests may be conducted by the City at any time, and the customer shall cooperate with the City in scheduling and providing for such tests. Waste discharge that exceeds 300 mg/l of BOD and/or TSS shall incur fees that are mathematically adjusted to coincide with the rates listed in SMC 2.02.020.
E. Customers who have their water turned off for intermittent periods, with no water consumption being reflected in their monthly readings, shall pay a minimum sewer charge as set forth in SMC 2.02.020. It is provided, however, that in order for a customer to receive this reduced minimum sewer rate where water service is temporarily terminated, the water must be turned off during the entire billing period. Otherwise, the customer shall pay the rate as would otherwise apply. For the purposes of this subsection, “billing period” means the time from the last water meter reading to the current water meter reading.
F. Industrial users may be billed for sewer service on the basis of the measured discharge flows rather than water usage. Where water consumption cannot be reasonably used to determine sanitary sewer discharge in manufacturing plants and food processing plants, an estimate of the average number of employees shall be provided to the City and a charge be made calculated based on the minimum monthly fee plus a monthly fee per employee as set forth in SMC 2.02.020.
After the initial determination, a new determination of employee numbers and corresponding monthly sewer charge shall be made annually, based upon the previous average annual employment level.
G. Where the code requires either a grease trap or a sedimentation trap, there shall be added to the monthly sewer bill a surcharge of $24.52. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2010-8 § 1, 2010; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 2131 § 1, 2006; Ord. 2071 § 3, 2004; Ord. 2063 § 1, 2003; Ord. 1989 § 3, 1999; Ord. 1839 § 4, 1993; Ord. 1714 §§ 10, 11, 12, 1990; Ord. 1594 § 1, 1987; Ord. 1514 § 1, 1985; Ord. 1479 § 1, 1984; Ord. 1468 § 1, 1984; Ord. 1399 § 4, 1983; Ord. 1357 § 4, 1982; Ord. 1261 §§ 1 – 4, 1980; Ord. 1252 § 3, 1980; 1956 Code § 3-501, § 702. Formerly 13.20.100.]
13.20.100 Public sewer service – Charges outside of City limits.
The monthly charges for sewer service to property located outside of the corporate limits of the City, served in whole or in part by public sewer, shall be according to the schedule provided in SMC 2.02.020, increased by 25 percent. It is provided, however, that the rate for qualified low-income senior citizen residents receiving sewer services to property outside of the City limits shall not be increased by said 25 percent. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1594 § 2, 1987; Ord. 1252 § 3, 1980; 1956 Code § 3-501, § 702. Formerly 13.20.110.]
13.20.110 Low-income senior citizen and low-income disabled citizen special utility rates – Eligibility – Application.
A. Qualification. The special residential rate for low-income senior citizens or low-income disabled citizens specified in SMC 2.02.020 shall be available to each person who shows satisfactory proof to the Director of Finance and Administrative Services, or their designee, that he or she:
1. Is 62 years of age or older on or before the thirty-first of January of the year of his or her application. Proof of age must be presented at the time of application; or
2. Is qualified for and entitled to receive special parking privileges established pursuant to RCW 46.19.010(1)(a) through (j), or is blind as defined in RCW 74.18.020(4), or a person who qualifies for supplemental Social Security benefits due to a disability, or developmentally disabled as defined in RCW 71A.010.020(2), or a mentally ill person as defined in RCW 70.05.020(1). Proof of such disability must be presented at the time of application; and
3. Applicant must reside on the property being served and the utility account must be in the applicant’s name. If the applicant is leasing the residence or the account is not in the applicant’s name, the owner of the residence must sign the attestation of owner on the application. Persons in federally subsidized housing are not eligible for low-income senior citizen and low-income disabled citizen special utility rates; and
4. Is a single occupant or the head of household or the spouse of the head of household; and
5. Must have a combined household income from all sources, based on family size, not exceeding 125 percent of the federally established poverty level for Yakima County or qualify for and be entitled to the exemption from regular real property taxes as set forth in RCW 84.36.381(5)(b)(i) or (ii) as it now exists or is hereafter amended. Proof of such exemption must be presented at the time of application. Appropriate tax statements issued by Yakima County establishing such exemption shall be satisfactory proof of eligibility for the special utility rate.
B. Application and Processing. The City Manager of the City, or their designee, shall be authorized and empowered to implement the procedures for application and processing of requests for low-income senior citizen and low-income disabled citizen special utility rates and to adjust the discount rate as set forth in SMC 2.02.020. The application for low-income senior citizen or low-income disabled citizen special utility rate must be filed annually with the City Finance Department prior to the thirtieth of April of each year and, if approved, shall be effective for the year of application until the following thirtieth of April. Any filing of an application after the thirtieth of April of any year shall apply only to utility accounts mailed after the date of filing and shall not be applied retroactively.
C. Discount Rate. The low-income senior citizen and low-income disabled citizen special utility rate shall consist of the applicable water, sewer and stormwater rates set forth in SMC 2.02.020.The amount of reductions shall be deducted from the utility bills otherwise payable by the qualified low-income senior citizen or low-income disabled citizen.
D. False Information. Any individual willfully providing false information to the City in an application for reduced utility rates shall forfeit the low-income senior or disabled citizen’s eligibility for rate reductions in utility rates and shall be guilty of a misdemeanor. Additionally, the low-income senior or disabled citizen making such false statement to obtain benefits under this chapter shall be required to repay the amount of any utility discount received based upon such false information, together with interest at the rate of 12 percent per annum until repaid in full. [Ord. 2021-11 § 1, 2021; Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2010-9 § 1, 2010; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 2110 § 1, 2005; Ord. 2016 § 1, 2000; Ord. 1714 § 13, 1990. Formerly 13.20.120.]
13.20.120 Water system equity fees – Meter installation costs.
A. Definitions. For the purpose of this section, the following definitions apply:
1. “Residential” means any building or structure designed for occupancy by one or more families.
2. “Commercial” means retail and wholesale business for home, farm, construction, business, food and auto-related purchases, including but not limited to those uses of property described in SMC 17.36.020, 17.40.020, and 17.44.020, and for purposes of this section includes churches.
3. “Industrial” means those buildings and facilities used for major manufacturing, assembly and processing plants; small manufacturing, processing, assembly or storage facilities, including but not limited to those uses described in SMC 17.56.020 and 17.60.020.
B. Water System Equity Fees. A water system equity fee intended to provide the customer an equitable “buy-in” to the existing water system shall be paid to the City by persons, firms, companies, associations, organizations or other customers at the time of the application for connection to the City’s water system as set forth in SMC 2.02.020.
C. Water Meter Installation Fee. In addition to the water system equity fee, the applicant for water service from the City of Sunnyside shall pay a water meter installation connection charge, intended to cover the cost to the City of Sunnyside for installation of water lines, meters and other facilities to provide water service to the applicant’s property, as set forth in SMC 2.02.020.
D. Adjustment of Fees.
1. Annual Review by City Council. The schedule of water system equity fees and meter installation fees set forth in SMC 2.02.020 may be reviewed annually by the City Council to determine if the rates need adjustments. For the purpose of such adjustments, the City Council may use the Engineering News-Record Construction Cost Index for Seattle published by McGraw-Hill, or any other additional information which may give actual costs of construction in the area of Sunnyside.
2. Adjustment of Meter Installation Fees by Public Works Director. Notwithstanding the above, the Public Works Director may reduce the meter installation fee described in SMC 2.02.020 by any amount deemed appropriate by the Public Works Director, in any case for which the Public Works Director determines that such reduction is equitable. In making any determination to reduce the applicable meter installation fee in any particular case, the Public Works Director shall consider the following factors:
a. The amount and cost of water meter installation work performed, or to be performed, by the applicant;
b. The amount of work and cost of any water meter installation work to be performed by the City; and
c. Any other factor deemed reasonable and appropriate by the Public Works Director.
Reduction of the water meter installation fee in any particular case or application shall not constitute a waiver of the City’s right to impose and require the full water meter installation fee for any other connection to the City’s water system. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1837 § 1, 1993; Ord. 1750 § 1, 1991; Ord. 1733 § 1, 1991; Ord. 1509 § 1, 1985; Ord. 1322 § 1, 1981; Ord. 1309 §§ 1, 2, 1981; Ord. 1252 § 2, 1981; 1956 Code § 3-501, § 705. Formerly 13.20.130.]
13.20.130 Sewer system equity fees.
Sewer connection equity fees shall be charged according to the schedule for connecting to the City’s sanitary sewer as set forth in SMC 2.02.020.
A. Definitions. For the purposes of this section, the following definitions apply:
1. “Single-family” residential dwelling unit means a detached building designed for occupancy by one family.
2. “Duplex” means a detached building designed for occupancy exclusively by two families living independently of each other.
3. “Multiple dwelling unit” means a building or portion thereof designed as a residence for three or more families living independently of each other.
4. “Apartment house” means a building or portion thereof used or intended to be used as a home by three or more families or householders living independently of each other, in separate apartments, and containing three or more dwelling units.
5. “Mobile home park” means any tract of land used or designated to accommodate two or more automobile trailers or mobile homes.
6. “Commercial” means large-site retail and wholesale business such as shopping centers for home, farm, construction, business, food and auto-related purchases, including but not limited to those uses of property described in SMC 17.36.020, 17.40.020 and 17.44.020 and, for purposes of this section, includes churches.
7. “Industrial” means those buildings and facilities used for major manufacturing, assembly and processing plants; small manufacturing, processing, assembly or storage facilities, including but not limited to those uses described in SMC 17.56.020 and 17.60.020.
8. “Domestic wastewater” means water carrying human wastes, including kitchen, bath and laundry wastes, from residences, buildings, industrial establishments or other places.
9. “Industrial wastewater” means water or liquid-carried waste from industrial or commercial processes, as distinct from domestic wastewater. These waters may result from any process or activity of industry, manufacture, trade or business, from the development of any natural resource, or from animal operations such as feedlots, poultry houses or dairies. The term includes contaminated storm water and also leachate from solid waste facilities.
B. Equity fee schedule is located at SMC 2.02.020.
C. Additional connection fee for industrial and commercial connections is located in SMC 2.02.020.
D. Annual Review of Fees. The schedule of charges may be reviewed annually for inflation, and adjusted, if necessary, to maintain an equitable fee structure. For the purpose of this adjustment, the City Council may use the Engineering News-Record Construction Cost Index for Seattle, as published by McGraw-Hill. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1794 § 1, 1992; Ord. 1627 § 1, 1988; Ord. 1509 § 1, 1985. Formerly 13.20.140.]
13.20.140 Billings of water, sewer and garbage service.
The monthly charge for water, sewer and garbage service shall be billed to the owner of record or purchaser of record of the serviced property, who shall be responsible for the payment thereof. It shall be the duty of each owner or purchaser of said serviced property to maintain said charges in a current paid condition.
In addition to other remedies available to the City for collection of its charges and enforcement of its liens for water, sewer and garbage services, the City shall charge a penalty on the unpaid balance of delinquent water, sewer and garbage accounts at the rate set forth in SMC 2.02.020, which shall be imposed in the following manner: The due date for water, sewer and garbage accounts is the close of business on the twentieth day of each month, and unpaid accounts become delinquent thereafter. If payment is not received by the close of business on the twentieth day of such month, the late payment shall be charged on the unpaid balance of the delinquent account until the total of such charges and penalty have been paid in full. In the event of suit by the City to collect said charges and penalty, the Court shall award the City its reasonable attorneys’ fees and costs incurred thereby, together with interest at the rate of 12 percent per annum on the unpaid balance of said account charges and penalties.
Billing invoices for such accounts shall include a statement substantially conforming to the following:
Bills are due and payable by the close of business on the 20th day of each month and become delinquent thereafter and shall be assessed a late payment penalty as set forth in SMC 2.02.020 if not paid by the close of business on the 20th day of such month.
[Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 2136 § 2, 2006; Ord. 2108 § 3, 2005; Ord. 2017 § 1, 2000; Ord. 1992 § 1, 1999; Ord. 1990 § 2, 1999; Ord. 1509 § 4, 1985. Formerly 13.20.150.]
13.20.150 Fire hydrant meters – Rental agreement – Fees.
A. General. The Department of Public Works may enter into rental agreements for use of the City’s fire hydrant meters, to be used by the renter to assist in any construction project or other project approved by the City, subject to the conditions provided below.
B. Hydrant Meter Rental Agreement – Terms and Conditions. Any person desiring to rent any available fire hydrant meter shall sign a written hydrant meter rental agreement. The hydrant meter rental agreement shall provide that the meter assembly shall be used as per instructions to measure all water used, that all water used and daily rental fees shall be billed to the user on a monthly basis and such fee shall not be prorated for periods less than one-month increments. Water will be billed at the current City water usage rate. All deposits paid by the user will be retained until all bills are paid in full and the meter is returned to the City in proper working condition. Such agreement shall further provide that only City personnel are authorized to make any adjustments, repairs or modifications to the meter assembly. If the assembly is lost, damaged or altered by the user, the user shall be responsible for any necessary repair or replacement costs, which shall be deducted from the deposit. The contractor shall notify the Public Works Department upon completion of the project to retrieve the meter for final billing.
The hydrant meter rental agreement shall also require other information deemed necessary and appropriate by the Department of Public Works in order to facilitate the rentals of such hydrant meters.
C. Fees. Fees, as set forth in SMC 2.02.020, shall be charged for any hydrant meter rental agreement. All fees will be adjusted annually based upon the consumer price index. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 2134 § 1, 2006; Ord. 1992 § 1, 1999; Ord. 1944 § 1, 1997; Ord. 1855 § 1, 1994. Formerly 13.20.160.]
13.20.160 Pretreatment charges and fees.
The City may adopt reasonable fees for reimbursement of costs of setting up and operating the City’s pretreatment program, which may include:
A. Fees for industrial user discharge contract applications including the cost of processing such applications.
B. Fees for monitoring, inspection and surveillance procedures including the cost of collection and analyzing a user’s discharge and reviewing monitoring reports submitted by users.
C. Fees for reviewing and responding to accidental discharge procedures and construction.
D. Fees for filing appeals.
E. Other fees as the City may deem necessary to carry out the requirements contained herein. These fees relate solely to the matters covered by this program and are separate from all other fees, fines and penalties chargeable by the City.
F. Contract Fees. Contracted significant industrial users shall be charged as set forth in SMC 2.02.020, per year.
G. Sampling Fees. The expenses for annual sample analysis required by the industrial user discharge contract will be charged to the user based on current outside analytical lab fees. Any user establishing a pattern for noncompliance, or having a history of noncompliance, or suspected of being in noncompliance, may require additional monitoring visits as deemed appropriate by the City. Any additional analysis performed which detects noncompliance will be billed directly to the user.
H. A discharge authorization shall be as set forth in SMC 2.02.020 for a one-time batch discharge.
I. Contract transfer fee is located at SMC 2.02.020.
J. Contract modification fee is located at SMC 2.02.020. Contract modification fees will only be charged in a case where changes in the user’s operation require the modification or when the user requests a modification.
K. High Strength Waste Fees. Users having effluent concentrations of BOD in excess of 300 mg/l and/or TSS in excess of 300 mg/l, and/or FOG concentrations in excess of 100 mg/l, may be billed a high strength waste surcharge. Surcharge rates will be established by the City and based on cost of conveyance and treatment in the POTW. All fees or charges will be collected by direct billing. Unless the City has been made aware of extenuating circumstances that would prevent prompt payment, all fees are payable within 30 days of the billing. Fees past due will be considered a violation of this chapter. Users not paying fees within 60 days of the billing period will be subject to termination of service. The City may change existing or adopt new fees. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1992 § 1, 1999. Formerly 13.20.170.]
13.20.170 Severability.
If any provision of the program is invalidated by any court of competent jurisdiction, the remaining provisions shall not be affected and shall continue in full force and effect. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1992 § 1, 1999. Formerly 13.20.180.]
13.20.180 Conflicts.
All other ordinances and parts of other ordinances inconsistent or conflicting with any part of the program are hereby repealed to the extent of the inconsistency or conflict. [Ord. 2016-18 § 3 (Exh. B), 2016; Ord. 2009-24 § 1 (Exh. A), 2009; Ord. 2205 § 1, 2008; Ord. 2181 § 1, 2007; Ord. 1992 § 1, 1999. Formerly 13.20.190.]