Chapter 13.12
PUBLIC IRRIGATION WATER SYSTEM
Sections:
13.12.020 System establishment.
13.12.030 Authority to contract with district.
13.12.040 Dedication of existing facilities.
13.12.050 Application for installation of facilities.
13.12.060 Application requirements.
13.12.070 Assessment – Authorization.
13.12.080 Assessment – Determination.
13.12.100 Construction by city.
13.12.110 Authority of director.
13.12.120 Irrigation cumulative reserve fund.
13.12.130 Violation – Penalty.
13.12.140 Penalties and remedies for nonpayment of assessments.
13.12.150 Capital recovery assessment – Authorization and procedure.
13.12.010 Definitions.
As used in this chapter:
A. “Availability of irrigation water” means at such time as a point of delivery for public irrigation water exists adjacent to the lot desiring the use of such water.
B. “City” means the city of Zillah, Washington.
C. “Director” means the public works director for the city.
D. “Domestic use” means the use of public irrigation water for ordinary household purposes and shall not include any such use of water for production of any commercial crop or for watering of any group of livestock numbering in excess of five head.
E. “Irrigation water” means water which is not intended for human consumption but which is intended for outdoor irrigation purposes and which is made available to the city through irrigation canals which are owned and maintained by the Sunnyside Valley Irrigation District.
F. “Lot-acreage” means any single parcel of property within the city consisting of an area of one acre or more.
G. “Lot-residence” means any single parcel of property within the city consisting of an area of 10,000 square feet or less.
H. “Lot-suburban” means any single parcel of property within the city consisting of an area of more than 10,000 square feet, but less than one acre.
I. “Owner” means any person either owning or controlling a lot within the city who has authority to request delivery of public irrigation water from the city.
J. “Parcel” means any parcel of land with a distinct and assigned number from the Yakima County assessor’s office. (Ord. 615 § 1, 1987)
13.12.020 System establishment.
The city establishes and authorizes the construction and maintenance of a public irrigation water delivery system within the city. The public irrigation water system within the city is intended to encompass and include all areas of the city other than those residences and properties which are served by the Zillah Irrigation District. The city is authorized to accept ownership and control of privately operated and maintained water systems which presently serve property within the city. (Ord. 615 § 2, 1987)
13.12.030 Authority to contract with district.
The city council for the city authorizes and directs the city mayor and the city clerk/treasurer to enter into a contract with Sunnyside Valley Irrigation District, which contract provides that the city is responsible to receive and distribute irrigation water for all lands lying within the city other than that encompassed by the Zillah Irrigation District, and to pay all assessed charges presented by the Sunnyside Valley Irrigation District for the land area affected by the contract. Said contract also provides that the city will determine and be responsible to bill and collect from the users of said irrigation water within the city. (Ord. 615 § 3, 1987)
13.12.040 Dedication of existing facilities.
A. Any person who is the owner of irrigation water pipe and/or similar facilities may dedicate the same to the city after providing the following to the city director:
1. Provide a detailed map of all pipe and fixtures including size of pipes, material, valves, pumps, etc.;
2. Provide legal descriptions of the proposed easements and location of present connection upon the subject property, and provide proposed conveyance documents;
3. Provide proof that all existing water and irrigation water charges and/or assessments have been paid;
4. Provide consent of all persons who have an interest of record in the subject property.
B. Upon receipt of the above-described information by the director, he shall review the information and shall inspect the facilities. He shall then approve or disapprove acceptance of the proposed dedication. After the proposed dedication is approved, the person proposing the dedication shall deliver the required document with the required signatures. (Ord. 615 § 4, 1987)
13.12.050 Application for installation of facilities.
It is unlawful for any person to install new irrigation water pipes and other facilities to properties not previously served by irrigation water, or to replace worn or obsolete irrigation pipe or other facilities without first having made application to the city and having received approval therefor. (Ord. 615 § 5, 1987)
13.12.060 Application requirements.
An application for the construction of irrigation water pipe and/or other facilities to property not previously served by irrigation water, or an application to reconstruct, substantially repair or replace existing pipe or other irrigation facilities shall include the following:
A. A detailed drawing of any extensions proposed or repairs proposed, or replacements of irrigation facilities;
B. Description of all materials to be incorporated into said works;
C. Provide a statement whether the person seeking to accomplish said repair, reconstruction or new construction elects to dedicate the said facilities as provided by ZMC 13.12.040, or elects to maintain private ownership. (Ord. 615 § 6, 1987)
13.12.070 Assessment – Authorization.
The city is authorized and shall assess a charge to each parcel owner within the city, excluding lands in the Zillah Irrigation District. The city shall assess said charge on an annual basis. The amount of the annual assessment shall be determined by January 1st of each year, and the assessment shall be paid on or before April 1st, or before the delivery of water by the city to the property site, whichever date is earlier. In the event of a failure to pay the annual assessment, said assessment shall constitute a lien upon the affected property and may be collected with the same procedure as other public utility liens are collected in accordance with the laws of the state. (Ord. 615 § 7, 1987)
13.12.080 Assessment – Determination.
The city council shall consider the following factors in determining the annual assessment to be charged and paid by parcel owners within the city. Those factors shall include:
A. Lot size;
B. Cost of water being delivered to the city by the Sunnyside Valley Irrigation District;
C. Cost of repairs and maintenance of the delivery system extensions made or contemplated for the delivery of irrigation water;
D. The cost of personnel employed by the city for operation and administration;
E. The establishing of a reasonable reserve fund for contingencies, such as loss and damage claims, etc. (Ord. 615 § 8, 1987)
13.12.090 System maintenance.
At such time as the city accepts the dedication of irrigation pipe and/or other facilities for a person who owns or is in control thereof, the city shall thereafter be responsible to maintain said irrigation water delivery system which lies within public property and/or easements. The owner or occupier of property receiving public irrigation water shall be responsible to repair and maintain all irrigation lines, valves, connections, etc., located from the point of hookup near said person’s property line inward toward and upon the lot. It is the intent of this chapter that the irrigation water pipes and lines located upon private property and not within public property or easement shall be owned and maintained by the owner or occupier of the property. The city shall repair and maintain that portion of the irrigation water delivery system which has been dedicated to the city and which is located upon public lands and/or easements. (Ord. 615 § 9, 1987)
13.12.100 Construction by city.
Any person or group of persons desiring to obtain the extension of irrigation water to his or their property or any person or persons desiring the reconstruction of depreciated or worn out irrigation facilities may request such construction be accomplished by the city. The city in which provisions are made for the repayment of capital expenditures and upon terms acceptable to both parties. Further, said persons or persons must agree to dedicate said irrigation facilities to the city under ZMC 13.12.040. (Ord. 615 § 10, 1987)
13.12.105 Shut-off valves.
All lots served by an irrigation system existing or managed within the city of Zillah, Washington, shall be required to install and maintain a valve or other mechanism to allow the isolation of the irrigation system on each particular lot to ensure that a break in the system on a lot does not affect the remainder of the system.
A. Placement. Customer responsibility is from the point of connection with the irrigation mainline. The shut-off valve shall be placed at the closest point to the irrigation mainline inside the property line. The main shut-off valve shall be in a box with a minimum of 18 inches in depth to provide frost protection.
B. Failure to install or maintain a shut-off valve by any person owning a lot in the city of Zillah, Washington, with the irrigation system maintained by the city of Zillah, Washington, shall be deemed a civil infraction/violation. Upon conviction for violating this provision of the city code, a penalty may be imposed of up to $250.00, but not less than $50.00, and the property owner shall be required to repay the city of Zillah all costs and expenses incurred in making repairs or installing a shut-off valve on property not having a shut-off valve, if this work is done by the city of Zillah. (Ord. 1520 § 2, 2021; Ord. 952 § 2, 2001)
13.12.110 Authority of director.
The director shall supervise the construction, maintenance, and repair of the public irrigation water system. The director may approve or disapprove the design of any irrigation water system located upon any lot to ensure that said system is compatible to the system in general. Any complaints of or disputes over public irrigation water shall be directed for resolution to the director. (Ord. 615 § 11, 1987)
13.12.120 Irrigation cumulative reserve fund.
There is established an irrigation cumulative reserve fund. The city clerk/treasurer shall deposit such monies into this fund as the city council shall from time to time determine by motion to be deposited therein. Such monies shall be withdrawn from the fund by motion for expenditure toward the public irrigation water system, including construction, materials, alterations or repairs of said system. (Ord. 615 § 12, 1987)
13.12.130 Violation – Penalty.
Any person who shall violate any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be fined in an amount of not more than $500.00 for each violation, or imprisoned not more than six months, or both such fine and imprisonment. Each day in which a violation shall occur and continue shall be deemed a separate offense. In addition, any violation of this chapter shall be deemed to be a public nuisance, subject to the prevention or abatement thereof by injunction or other appropriate legal remedy in a court of competent jurisdiction. (Ord. 615 § 14, 1987)
13.12.140 Penalties and remedies for nonpayment of assessments.
Any person who is the owner of a parcel within the city which is assessed a public irrigation water assessment in accordance with this chapter shall be responsible to pay the assessment on or before its due date. Should an assessment not be paid by the due date, a penalty shall be imposed in addition to the amount of the assessment. The penalty shall be an amount equal to $15.00. Should an assessment and the penalties thereon remain unpaid for a period of 30 days after the due date, the public works director shall have authority to disconnect and discontinue public irrigation water service to the subject parcel. Should the public works director disconnect or discontinue public irrigation water delivery to a property parcel, the owner thereof shall be required to pay the amount of the assessment, all penalties thereon, and a reconnect fee of $25.00 in order to reconnect public irrigation water delivery to the subject property. In addition, the property owner shall be required to pay all expenses incurred by the city in conjunction with the disconnection and discontinuation of the public irrigation water. The costs shall include city labor costs, costs of the valve or pipe necessary to discontinue the water, the costs of repair to a street and any other costs associated with a discontinuation of the irrigation water. (Ord. 1250 § 2, 2011; Ord. 717 § 2, 1992)
13.12.150 Capital recovery assessment – Authorization and procedure.
A. The city is authorized and may assess a capital recovery charge to each parcel owner within a specific area to be benefitted by a capital improvement to the public irrigation system.
B. The procedure for the assessment of a capital recovery charge shall be as follows:
1. Whenever it shall come to the attention of the public works director that a capital improvement may benefit or otherwise improve the delivery of irrigation water to residences within the public irrigation system, the public works director shall submit to the city council an itemization of the cost of the proposed capital improvement. If the city council finds the project to be feasible and to be in the best interest of the public irrigation system, the city council shall call for a public hearing to consider the capital improvement. All property owners within the area to be benefitted by the capital improvement shall be notified of the public hearing which shall be held after notice is published at least one time in the city’s official newspaper, and after notice is delivered to each property owner within the area to be benefitted by the capital improvement. At the public hearing, the public works director shall provide information as to the cost of the capital improvement, the projected benefits thereof, and shall propose a formula for the assessment of the capital recovery charge. The city council shall then hear testimony from any interested party in attendance at the public hearing or shall review any written testimony submitted to the city council prior to the public hearing. At the next regularly scheduled meeting after the public hearing, the city council shall decide whether or not the capital improvement will be acquired and if so, shall determine the formula for assessment of the capital recovery charge to the property owners within the area benefitted by the capital improvement. If approved, the public works director shall supervise the installation of the capital improvement and the capital recovery charge determined by the city council shall be added to the regular irrigation assessment and shall be collected with the regular assessment or at such other time as the city council deems appropriate. The city shall have all remedies for collection that are available in this chapter for regular irrigation assessments. (Ord. 721 § 2, 1992)