Chapter 13.24
WATER UTILITY SERVICE

Sections:

13.24.010    Regulations and rates established.

13.24.020    Definitions.

13.24.030    Application for service – Procedures.

13.24.040    Accounting and charges – Change of ownership.

13.24.045    Rendering and payment of bills.

13.24.050    Payment of bills – Penalties.

13.24.060    Alteration of use.

13.24.070    Comprehensive water system plan.

13.24.080    Standard specifications.

13.24.090    Design standards.

13.24.100    Depth of pipes.

13.24.110    Ownership of mains and service connections.

13.24.120    Renewal of service.

13.24.130    Shut-off of service.

13.24.140    Suspension of service.

13.24.150    Administration and enforcement.

13.24.160    Access to premises for inspection.

13.24.170    Service connection – General requirements.

13.24.180    Permit and system development charges.

13.24.190    Temporary service connections.

13.24.200    Service connection – Wholesale consumers.

13.24.210    Service to other governmental units.

13.24.220    Substandard mains.

13.24.230    Service connection – No main in street.

13.24.240    All services to be metered.

13.24.250    Connection and turn-on, turn-off – Permission.

13.24.260    Service reconnection, other than provided in SMC 13.24.120.

13.24.270    Backflow prevention devices.

13.24.280    Illegal turn-on – Penalty.

13.24.290    Discontinuance and restoration of service.

13.24.300    Rates for metered service within the city.

13.24.310    Water consumption outside city – Rates.

13.24.320    Metered service for irrigation – Rates and policies.

13.24.330    Charges to become lien.

13.24.340    Violation – Notice.

13.24.350    Violation – Penalty.

13.24.360    Violation – Liability to city.

13.24.370    System development surcharge area – LID No. 73.

13.24.010 Regulations and rates established.

The rates and regulations set forth in this chapter are established for the control of the municipal water supply system of the city. (Ord. 2119 § 1 (part), 2005)

13.24.020 Definitions.

For the purpose of this chapter, the words or phrases defined in this section shall have the following meanings:

1. “City” means the city of Sumner, Washington, or as indicated by the context, may mean the water department, public works director, water superintendent, clerk-treasurer, engineer or other employee or agent representing the city in the discharge of his (her) duties.

2. “City engineer” means the city engineer of the city. Any act in this chapter required or authorized to be done by the city engineer may be done on behalf of the city engineer by an authorized employee of the engineering department.

3. “Council” means the city council of the city of Sumner.

4. “Mains” means lines designed or used to serve more than one premises.

5. “Person,” “customer,” “owner,” “occupant,” or “agent,” wherever used in this chapter, means and includes natural persons of either sex, associations, copartnerships and corporations whether acting by themselves or by a servant, agent or employee; the singular number shall be held to include the plural and the masculine pronoun to include the feminine.

6. “Premises” means a continuous tract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivisions of such use or responsibility shall constitute a division into separate premises as defined in this section.

7. “Service connection” means that portion of the city water supply system connecting the supply system on a premises to the city water distribution main including the tap into the main, the water meter and appurtenances and the service line from the main to the meter and from the meter to the property line. The definition of service connections shall include connections for fire protection as well as for domestic, commercial and industrial uses.

a. A regular service includes all material, pipe, valves, meter, meter box, meter yoke and stop from the water main to the right-of-way line of the street or alley.

b. A duplex service is the same as a regular service described in subsection (7)(a) of this section, except that the service will terminate with two meters, two yokes and accessories.

c. A pretapped and preplumbed service includes a service for which only a meter is required to complete the installation of the service; the balance of the service being previously constructed by the owner of the premises in his behalf.

d. A pretapped service includes a service for which a yoke and accessories plus a meter and meter box are required to complete the installation of the service.

8. “Standard or permanent mains” means mains conforming to the standard specifications of the city with respect to materials and minimum diameter.

9. “Standard specifications” means those standard specifications for public works construction which have been prepared by the city engineer and included by reference in the water comprehensive plan adopted by the city council of the city.

10. “Substandard or temporary mains” means mains which do not conform to the standard specifications of the city with respect to materials and/or minimum diameter.

11. “Superintendent” means the superintendent of the water department of the city. Any act in this chapter required or authorized to be done by the superintendent may be done on behalf of the superintendent by an authorized employee of the water department. (Ord. 2119 § 1 (part), 2005)

13.24.030 Application for service – Procedures.

All applications for the use of water must be made at the permit center in City Hall on printed forms to be furnished by the public works department for that purpose; the applications must be made by the owner of the property, or his agent duly authorized to make the same, to whom the water is to be furnished. The applicant shall state fully all purposes for which the water may be required and must agree to conform to the rules and regulations and any modifications thereof that may be established from time to time as a condition for the use of the water. (Ord. 2119 § 1 (part), 2005)

13.24.040 Accounting and charges – Change of ownership.

A. All accounts for water shall be kept in the name of the owner of the property when known and all charges shall be made against the property, as well as the owner thereof. No change of ownership or occupancy shall affect the application of this section. Upon application, the owner may have the utility account placed in the name of a tenant; however, all charges shall be made against the property and the owner shall remain liable for all charges not paid by the tenant.

B. The fee for a final meter reading and billing of related charges for a property receiving city utilities shall be $40.00. This charge shall be placed on the final bill. (Ord. 2219 § 1, 2007; Ord. 2119 § 1 (part), 2005)

13.24.045 Rendering and payment of bills.

A. Bills for service will be rendered to each customer on a monthly basis, unless otherwise approved by the council.

B. Bills for metered service will show the reading of the meter at the end of the period for which the bill was rendered, the number of units, and the date of the current meter reading.

C. If, for reasons beyond its control, the city is unable to read the customer’s meter on the scheduled reading date, the city may bill the customer for estimated consumption during the billing period, subject to adjustment at the time the meter is next read.

D. Water bills will be estimated if one or more of the following conditions exist:

1. Severe weather;

2. Deposits of heavy snow or ice;

3. Vicious dog;

4. Some unusual circumstance which makes it impossible to read the meter, such as a vehicle parked over the meter box.

E. Each meter on a customer’s property will be considered separately, and the readings of two or more meters will not be combined.

F. The monthly service charge applicable to opening periods, closing bills and bills rendered for periods less than 30 days will be prorated to the nearest half month. The measured amount of water actually served will not be prorated.

G. Bills for service are due and payable upon presentation, and payment may be made through the mail or presented in person to the city’s utility billing office. Payment of closing bills shall be made at the time of presentation. Failure of the mail service to deliver payment in a timely manner shall not be cause for waiver of penalties or for waiver of discontinuance of service as provided in this chapter.

H. Protests to Rates and Charges and Meter Tests.

1. If any customer shall be dissatisfied with any water charge imposed, the customer may file a written protest with the utilities division setting forth the customer’s objections, provided such protest is filed within 15 days of receipt of the bill being protested.

2. Upon receipt of any such protest, the city shall within 15 days make a determination in writing as to the correctness of the bill.

3. If the customer is dissatisfied with the city’s decision, the customer may appeal to the city council provided such appeal is filed within 10 days of receipt of the city’s decision. A condition precedent to such appeal is the payment to the city of the amount of the disputed bill.

4. A customer may request that the city test the meter at the service address in question. The customer or his representative must be present at the time of the test which shall be set at the time and date mutually agreed upon. In any case, the test shall be performed within 10 days of the request. A report showing the results of the test will be furnished within 15 days after completion of the test, a copy of which will be mailed to the customer. At no point will the billing adjustments go back any further than six months.

a. Nonregistering Meters. When, upon a test, a meter is found to be nonregistering, the city may bill the customer for water consumed while the meter was nonregistering for a period not exceeding three months at an estimate of the consumption based upon the customer’s prior use during the same season of the previous year or upon another customer of the same class. In all cases, if it is found that the error in a meter is due to some cause, the date of which can be fixed, the overcharge or undercharge will be computed back to, but not beyond, such date. (Ord. 2119 § 1 (part), 2005)

13.24.050 Payment of bills – Penalties.

A. The billing date is defined as the last day of the prior month.

B. Any bill not paid within 20 days of the billing date is delinquent.

C. Any bill not paid within 20 days of the billing date shall be assessed a penalty of five percent of the total outstanding balance, with a minimum penalty of $15.00, unless the past due balance is less than $35.00, in which case the penalty shall be waived.

D. Any customer who has a bill or portion of a bill not paid within 40 days of the billing date shall have water service disconnected and a lien may be placed upon the property being served by filing a notice with the city attorney. The city attorney shall send a written notice of filing to the recorded owner of the property.

E. Partial payments shall be applied to the oldest charges, and remaining charges shall continue to accrue time and penalties. (Ord. 2285 § 1, 2009: Ord. 2119 § 1 (part), 2005)

13.24.060 Alteration of use.

No person supplied with water from the city main shall be entitled to use it for any purpose other than that stated in the application, nor add any significant number of fixtures or supply in any way or for any purpose other premises or facilities without first securing a permit for the same from the public works department. (Ord. 2119 § 1 (part), 2005)

13.24.070 Comprehensive water system plan.

The public works director is authorized and directed to prepare a comprehensive plan for the city water supply and distribution system and to recommend to the city council the standards for development and improvement of the system to provide adequate water supply for domestic and industrial consumption and fire protection. The plans shall be on file at the offices of the public works department and shall include:

A. Main sizes required on all existing city streets;

B. Main sizes required outside the corporate limits in those areas which are being served by city water;

C. Main sizes and approximate location for future major distribution mains;

D. The location and construction standards for all water works facilities including, but not limited to, mains and appurtenances, reservoirs, pump stations and water supplies including springs, wells and any possible surface supplies;

E. The plan shall state present water demands and supply capabilities. It shall present projected water needs and supplies. The plan shall include a water conservation element;

F. Such other information as may be deemed necessary by the city engineer or the city council;

G. The plan shall contain all information and analysis required for a water system comprehensive plan by the Washington State Department of Health in accordance with WAC 246-290-100 and be submitted for review and approval by them;

H. The comprehensive plan will encompass the design of all water works facilities in the city. The city council shall cause the plan to be updated every five years or as required to keep the plan current and ahead of the development of the city. (Ord. 2119 § 1 (part), 2005)

13.24.080 Standard specifications.

The standard specifications for the city shall be the current “Standard Specifications for Road, Bridge and Municipal Construction” including the APWA Supplement as prepared by the Washington State Department of Transportation. (Ord. 2119 § 1 (part), 2005)

13.24.090 Design standards.

The design standards shall be those developed by the city engineer and adopted by the city council. Pertinent sections of the standard specifications promulgated by the American Water Works Association are adopted by reference. (Ord. 2119 § 1 (part), 2005)

13.24.100 Depth of pipes.

All pipe hereafter laid leading from the city stopcock shall be laid not less than two feet below the surface of the ground, and no work shall be covered up until it has been inspected and accepted by the public works department. (Ord. 2119 § 1 (part), 2005)

13.24.110 Ownership of mains and service connections.

A. The ownership of all mains, service connections and appurtenances in public streets or utility right-of-way shall be vested fully in the city and the person responsible for the construction of such mains shall relinquish by bill of sale, all interest in the ownership of such mains upon acceptance by the city; provided, however, that all private systems existing at the time of the passage of the ordinance codified in this chapter shall remain under private ownership unless dedicated to the city under the provisions of this chapter.

B. The city shall own, operate, control and maintain all approved accepted mains in public streets or utility right-of-way up to and including meter, but shall not be responsible beyond the meter. The owner of the property served shall be responsible for maintenance for all pipe and fittings from the meter to his premises; provided, however, that any payment or partial payment that may be made by the applicant according to the rates in this chapter shall not in any manner affect the city’s ownership of the pipe, fittings and meter, or its right to handle the same in any manner deemed advisable. In no case shall an owner, agent, officer or employee of any premises have the right to remove or change any part thereof without the approval of the public works department. The materials and workmanship in constructing private water services from the meter to within five feet of the building shall be the same as that required for the city-owned portion within the right-of-way. Both new and replacement services shall be inspected by the public works department and as-built drawings showing the location, depth, size and type of pipe and appurtenances shall be kept on file at the office of the public works department. (Ord. 2119 § 1 (part), 2005)

13.24.120 Renewal of service.

Any connection through which service is discontinued for five years shall be considered abandoned and a new connection shall be applied for when renewal of service is requested. All applicable fees, system development charges and installation cost for service line and meter applicable at the time of application shall be paid by said applicant. Services that have been discontinued for less than five years will not be charged a new system development charge or may receive credit for the previous service if the requested service is for a larger meter. If the discontinued service was a three-quarter-inch and the applicant now requests and needs a one-inch service, the system development charge will be the difference between the SDC for a one-inch meter and a three-quarter-inch meter in effect at the time of application. Other permit fees and charges to reconnect the service will be charged as described in this chapter as applicable. (Ord. 2119 § 1 (part), 2005)

13.24.130 Shut-off of service.

Should it be desired to discontinue the use of water supplied to a premises for a period of not less than 30 days and not more than 180 days, notice in writing must be given to the city utility clerk, upon which the water shall be turned off. The water shall be turned on again on written application. Said service shall be at no charge to the customer. This service is provided for “snowbirds” or people on extended vacation or leave and desire that the water be shut off at the curb. (Ord. 2119 § 1 (part), 2005)

13.24.140 Suspension of service.

The mayor of the city shall have the right in case of a shortage of water to make an order forbidding, suspending or regulating the use of water for irrigation and sprinkling purposes, and may at his/her discretion at any time make such an order by giving notice through the official paper of the city or other news media. (Ord. 2119 § 1 (part), 2005)

13.24.150 Administration and enforcement.

The public works director will have the authority to administer and enforce this chapter. Any infraction or abridgement of this chapter shall be brought to the attention of the city attorney and public works director and at their recommendation corrective measures shall be taken. Failure to correct any deficiencies or defects shall result in termination of water service until corrections are made. (Ord. 2119 § 1 (part), 2005)

13.24.160 Access to premises for inspection.

Authorized employees of the water department properly identified shall have reasonable access at reasonable hours of the day to all parts or premises or within buildings thereon to which water is supplied from the city water system for the purpose of checking conformity to these regulations. Wherever the owner of any premises supplied by the city water system denies reasonable access for authorized city employees from making necessary inspections, water service may be discontinued after giving written notice. (Ord. 2119 § 1 (part), 2005)

13.24.170 Service connection – General requirements.

Except as provided in this section, no premises shall hereafter be connected to the water supply system of the city unless there is an adjacent standard main under the ownership and exclusive control of the city.

A. When a permit has been obtained for the installation of water service, the superintendent shall cause the premises described in the application to be connected with the water system by a service pipe extending at right angles from the main to the property line, and including a stopcock and water meter placed within the right-of-way, which connection shall thereafter be maintained by and kept within the exclusive control of the city.

B. Except as provided in SMC 13.24.190, every separate premises supplied by the city water system must have its own separate meter and the premises so supplied will not be allowed to supply water to any other premises. The city engineer may require individual buildings on any premises to be separately metered.

C. All persons connecting to city service shall be required to use only materials conforming to the standard specifications and regulations of the city. Plumbing on premises shall conform to the Uniform Plumbing Code of the city.

D. Before water will be turned on to the premises connected to city mains, the service pipes must be inspected and accepted by the public works department. (Ord. 2119 § 1 (part), 2005)

13.24.180 Permit and system development charges.

Prior to any water service construction, the owner shall pay the city permit and construction fees as established by the following schedules:

A. Permit and Inspection Fees. Said fee shall cover all costs of administration, plan review, inspection, purity tests and preparation and filing of as-builts. Pressure test and backflow test are the responsibility of the applicant or his/her contractor. The city sets the following schedule for a nonrefundable permit and inspection fee:

1. Residential water service permit: $195.00;

2. Commercial or industrial water service permit: $225.00;

3. Fire hydrant: $195.00;

4. Fire sprinkler system connection: $250.00;

5. Cross-connection control:

a. Residential irrigation system: $125.00,

b. All other systems: $175.00.

All permit and inspection fees shall be paid to the finance center at the time the permit application is issued.

B. System Development Charges. It is the policy of the city that all property owners seeking to connect to the city water system shall bear their equitable share of the cost of the general facilities of such system. The city therefore sets the following schedule for system development charges (SDC):

1. Single-family dwellings are considered one equivalent residential unit (ERU) with 24 or less fixture units per the National Plumbing Code and needing no more than a three-quarter-inch meter: $2,460.

2. Each and every unit per building in multifamily dwellings including duplexes and triplexes on up are considered as three-quarters of an ERU: $1,845.

3. Accessory dwellings as defined in SMC 18.12.030 shall be considered 0.5 ERUs: $1,230.

4. Each commercial establishment per building:

Meter Size (in inches)

Fee

3/4

$2,460

1

$6,160

1-1/2

$12,316

2

$19,710

3

$36,950

4

$61,590

6

$123,180

5. Each industrial and interchange commercial customer (based on 3.50 ERUs per acre): $8,610 per acre.

In the event the amount of water needed by the industrial customer should exceed 3.50 ERUs per acre, the city shall calculate and charge the SDC based on actual anticipated water use.

6. Outside the city limits, permit and system development charges for service shall be 25 percent higher.

7. The system development charge funds collected under this chapter shall be deposited in the utilities capital asset fund and used only for utility system improvements.

8. On October 1st of each year, the system development charge shall be adjusted according to the Seattle Construction Index (SCI).

C. Service Connection Fee. The cost of the actual construction of a water service connection including meter and meter box shall be borne by the applicant. The city water utility staff will tap all city-owned mains for services up to and including two-inch. Charges for this service are a lump sum amount based on the average cost for said work. A list of current charges is available at the permit center. (Ord. 2119 § 1 (part), 2005)

13.24.190 Temporary service connections.

A. Water service may be supplied to a premises on a temporary basis during construction of a building on the premises or during the construction of a standard main to serve such premises. Application for temporary service shall only be approved upon payment of all fees and assessments required by this chapter. This application shall state fully the purposes for which temporary service is necessary. All cost necessary to install and remove such temporary service shall be paid by the applicant. All temporary service shall be metered.

B. Upon completion of the work for which the temporary service was necessary, the owner shall immediately apply for permanent service to such premises and the temporary service shall be removed. Failure to obtain permanent service shall be cause for immediate discontinuance of water supply to the premises. (Ord. 2119 § 1 (part), 2005)

13.24.200 Service connection – Wholesale consumers.

A. The city council may, at its discretion, authorize water service to a community or a number of individual users to be furnished through a common master meter upon finding that service through individual meters is not practical. Where communities or a group of individuals are granted, installed, maintained and kept within the exclusive control of the city, the cost of such installation, including the meter, shall be at the expense of the consumer.

B. When, in the opinion of the city engineer, the condition or operation of such wholesale consumer system has deteriorated to a point of repair, the city engineer shall notify the consumer in writing and repairs shall be undertaken immediately by the consumer. If the consumer does not diligently undertake to repair the system, the city shall have the option to discontinue service.

1. Where water meter service is supplied through a master meter, a company, association or other form of organization which is acceptable to the city shall be responsible for the rates and charges set forth in this chapter.

2. Application for water service under the provisions of this section shall be made on the forms furnished for that purpose. The application shall include a detailed description of the premises to be served, the name and nature of the organization which is to be responsible for the service charges, the conditions or circumstances precluding service by individual meters and such other information as the city engineer may deem necessary.

3. Such consumers shall file detailed plans with the engineering department of their systems in such form as specified by the city engineer. Such consumer shall, prior to commencement of work, submit for the approval of the city engineer similar information with respect to all construction or modifications which add to, reduce or alter the water system.

4. Water service, under the terms of this section, shall be limited to those premises described in the application. Service to additional premises, not included in the original application, shall require a separate application and approval.

5. The ownership of the water system beyond the common meter shall be vested in the consumer and the operation, repair, expansion and renewal of such system shall be the responsibility of the consumer. The city’s responsibility shall terminate with the common meter.

6. Any violation of the procedures required by this section shall be cause for immediate discontinuance of service to such system by the city. (Ord. 2119 § 1 (part), 2005)

13.24.210 Service to other governmental units.

The city council may, in its discretion, enter into an agreement with any other municipal corporations or governmental units for the purpose of obtaining or providing any service relating to water supply as provided by law. The terms of each agreement shall be established by the city council. (Ord. 2119 § 1 (part), 2005)

13.24.220 Substandard mains.

No substandard or temporary mains shall hereafter be installed and connected to the water supply system of the city. (Ord. 2119 § 1 (part), 2005)

13.24.230 Service connection – No main in street.

Whenever an applicant requests water service to premises with no main in the adjacent street, a standard main must be installed as a prerequisite to connection to the city water supply system. Applicant shall bear all costs for said extension. The work shall comply with all current requirements of the development and engineering standards promulgated by the public works department at the time of application for a permit. The standard main must be installed along the complete street frontage of the premises to be served in accordance with the comprehensive plan. Applicant shall be responsible for construction of the water mains to the far limits of the property to accommodate future extensions. Such need shall be determined by the city engineer. Applicant may request the following for partial reimbursement and/or assistance in financing the improvement, but the city is not obligated except as provided by state law:

A. The main may be installed at the expense of the owner by a competent contractor licensed in the state of Washington to do such work under the supervision and approval of the city engineer, in which case the city may contract with the owner to provide for the reimbursement to such owner and his assigns for a period of 10 years by any owner of real estate who did not contribute to the original cost of such main and who subsequently taps onto said main for service of a fair pro rata share of the cost of construction of such main in accordance with the requirements of chapter 13.40 SMC. The latecomers reimbursement agreement shall be recorded in the office of the county auditor upon acceptance of construction of such main by the city council.

B. If the premises lie within the corporate limits of the city, the owner may request to have the main installed by the formation of a local improvement district as prescribed by state law and the ordinances of the city. In accordance with state law and city ordinances, the city council has final authority to determine whether the city will accept the request and form a local improvement district. The city is not obligated to form a local improvement district. (Ord. 2119 § 1 (part), 2005)

13.24.240 All services to be metered.

All service connections to the city water system except connections for fire suppression systems shall be metered and all meters shall remain the property of the city and when deemed necessary by the superintendent, any meter may be exchanged with another meter of similar kind.

A. Water meters shall be sized to provide adequate domestic water to the customer. Minimum water meter sizes shall ordinarily be determined from the number of dwelling units within a multiplex served as follows:

1. One unit, three-quarter-inch meter;

2. Two through five units, inclusive, one-inch meter;

3. Six through 20 units, inclusive, one-and-one-half-inch meter.

B. All requests for service to 10 or more dwelling units in a multiplex through a single meter shall be subject to review and approval of the city engineer.

C. Water meters for services larger than 20 units shall be sized in accordance with the Uniform Plumbing Code.

D. Provisions for on-site fire flow shall include a valve with indicator post. Drawings for and installation of such on-site fire flow system shall be subject to approval of the fire marshall.

E. Replacement of existing water meters shall comply with minimum sizes listed in this section. (Ord. 2119 § 1 (part), 2005)

13.24.250 Connection and turn-on, turn-off – Permission.

No plumber or other person will be allowed to make a connection with the city mains or make a connection with any conduits, pipes or any fixtures connected therewith, or to connect pipes that have been disconnected, or to turn water on or off of premises without the permission of the superintendent. (Ord. 2119 § 1 (part), 2005)

13.24.260 Service reconnection, other than provided in SMC 13.24.120.

When new buildings are to be erected on the site of the old ones, and it is desired to increase the size of, or the owner desires to change the location of, the old service connection, the superintendent may cut out or remove such service connection after which, should a service connection be required for such premises, a new service shall be placed only upon the owner’s making an application and paying for a new tap in the regular manner. When the service connection of any premises does not come from a main in front of such premises, the superintendent shall, when a main is laid in front of the premises, after notifying the owner or tenant thereof, transfer the service connection to the new main without charge, and at the same time cut out the old service connection. (Ord. 2119 § 1 (part), 2005)

13.24.270 Backflow prevention devices.

Backflow prevention devices shall be installed by the owner of the property being served when in the judgment of the city engineer the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises would present an immediate and dangerous hazard to health should a cross-connection occur, even though such cross-connection does not exist at the time the backflow prevention device is required to be installed. The type of protection device, its installation and periodic testing shall conform to the provisions of the rules and regulations of the State Board of Health regarding public water supplies as set forth in WAC 248-54-500. (Ord. 2119 § 1 (part), 2005)

13.24.280 Illegal turn-on – Penalty.

Should the owner or occupant of the premises turn on the water or suffer or cause it to be turned on after it has been turned off at the meter by a city representative, it may be turned off by a representative of the superintendent and an additional charge of $40.00 shall be made for the penalty of turning it on. If the owner or occupant of the premises turns on the water service himself a second time, without approval by the city, a charge of $60.00 shall be made for the penalty of turning it off. (Ord. 2119 § 1 (part), 2005)

13.24.290 Discontinuance and restoration of service.

A. Discontinuance of Service by Customer – Nonemergency.

1. A customer may have service discontinued by giving not less than five days’ advance notice thereof to the city. Charges for service shall be required to be paid until the requested date of discontinuance or such later date as will provide not less than the required five days’ advance notice.

2. When such notice is not given, the customer may be required to pay for service until five days after the city has knowledge that the customer has vacated the premises or has otherwise discontinued water service.

B. Discontinuance of Service by Customer – Emergency. When an emergency discontinuance is requested by the customer for such reasons as leaks, burst pipes, etc., the city will make every effort to shut off the service as quickly as possible. In an emergency situation, charges will not be made for one visit to shut off the service and one visit to restore the service. Each return visit to the customer’s premises will require payment of $15.00 per visit, which the city will add to the monthly bill.

C. Discontinuance of Service by City.

1. Noncompliance with Chapter. The city may discontinue service to any customer for violation of this chapter after it has given the customer at least five days’ written notice of such intention. Where the safety of water supply is endangered, service may be discontinued immediately without notice.

2. Waste of Water. Where negligent or wasteful use of water exists on or from a customer’s premises, the city may discontinue the service if such practices are not remedied within five days after it has given the customer written notice to such effect.

3. Unsafe Apparatus or Where Service Is Detrimental to the City or its Customers. If any unsafe or hazardous condition is found to exist on the customer’s premises, or if the use of water thereon by apparatus, appliances, equipment or otherwise is found to be detrimental or damaging to the city or its customers, the service may be discontinued without notice. The city will notify the customer immediately of the reasons for the discontinuance and the corrective action to be taken by the customer before service can be restored.

4. Fraudulent Use of Service. When the city has discovered that a customer has obtained service by fraudulent means, or has diverted the water service for unauthorized use, the service to that customer may be discontinued without notice. The city will not restore service to such customer until that customer has complied with all ordinances and reasonable requirements of the city and the city has been reimbursed for the full amount of the service rendered and the actual cost to the city incurred by reason of the fraudulent use.

D. Restoration of Service.

1. Reconnection Charge. Where service has been discontinued for violation of this chapter, for nonpayment of bills, or for any other reason, the city may charge $40.00 for reconnection of service during regular working hours. When the customer has requested reconnection of service at any other hours than regular working hours, the charge shall be $150.00. Regular working hours are defined in the current bargaining unit contract.

2. To Be Made During Regular Working Hours. The city will endeavor to make reconnections during regular working hours on the day of the request, if conditions permit; otherwise, reconnections will be made on the regular working day following the day the request is made.

3. To Be Made at Other Than Regular Working Hours. When a customer has requested that the reconnection be made at other than regular working hours, the city will reasonably endeavor to so make the reconnection if practicable under the circumstances but will be under no obligation to do so, unless an emergency exists.

4. If for any reason the meter or city equipment is damaged due to the negligence or willful destruction of property, the owner will be responsible for any penalty as described in SMC 13.24.350, plus the cost of any replacement of damaged equipment and actual cost incurred by the city to do the repair.

E. Conditions for Refusal. The city may refuse or discontinue service under any of the following conditions:

1. If the applicant fails to comply with this chapter;

2. If the intended use of the service is of such a nature that it will be detrimental or injurious to existing customers;

3. If, in the judgment of the city, the applicant’s installation for utilizing the service is unsafe or hazardous or subject to freezing, or of such a nature that satisfactory service cannot be rendered;

4. Where service has been discontinued for fraudulent use, the city will not serve an applicant until it is determined that all conditions of fraudulent use or practice have been discontinued.

F. Notice to Customer. When an applicant has been refused service under the provisions of this section, the city will notify the applicant promptly of the reason for the refusal to serve and of the right of the applicant to appeal the decision to the council.

G. Continuity of Service.

1. Emergency Interruptions.

a. The city will make reasonable efforts, in accordance with prudent utility practice, to prevent interruptions to service, and, when such interruptions occur, will endeavor to establish service without unreasonable delay, consistent with the safety of its customers and the general public.

b. The city will not be liable for interruptions, shortage, insufficiency of supply, any loss or damage of any kind occasioned thereby, if same is caused by act of God, fire, strike, riot, war, accident, breakdown, action by governmental agency or other cause beyond the control of the city.

2. Scheduled Interruptions. Whenever the city finds it necessary to schedule an interruption to its service, it will, within 24 hours, where feasible, notify all customers to be affected by the interruption, stating the approximate time and anticipated duration of the interruption. Scheduled interruptions will be made at such hours as will provide the least inconvenience to the customers consistent with reasonable city operations.

3. Apportionment of Supply During Times of Shortage. During time of threatened or actual water shortage, the city will apportion its available water supply among its customers as directed by the mayor. In any event, it will apportion the supply in the manner that appears most equitable under the circumstances then prevailing, and with due regard to public health and safety. (Ord. 2218 § 1, 2007; Ord. 2119 § 1 (part), 2005)

13.24.300 Rates for metered service within the city.

A. The following schedule of rates for the water facilities and service furnished by or through or for the use of the city water system, which rates are found and declared to be reasonable and just, taking into account and consideration the cost and value of the system and cost of maintaining and operating the system, and the proper and necessary allowances for the depreciation thereof and reserves therefor, are fixed, established, levied, imposed, and otherwise prescribed in this section, except that the rates for water supplied outside the city limits shall be an additional 15 percent of the computed inside rate. The monthly rate for each customer shall be the applicable monthly service charge, plus the commodity charge except as provided in SMC 13.24.370. Said charges include utility taxes.

Meter Size

Monthly Charge

3/4''

$ 9.12

1''

22.08

1-1/2''

44.15

2''

70.64

3''

132.45

4''

220.73

6''

441.47

8''

706.36

plus the metered rate of $0.80 per 100 cubic feet for water consumed up to 1,000 cubic feet per month for all classes of users. Water consumed between 1,000 cubic feet and 2,000 cubic feet per month shall be charged a metered rate of $1.05 per 100 cubic feet of water consumed and water consumed in excess of 2,000 cubic feet shall be charged a metered rate of $1.25 per 100 cubic feet of water consumed.

B. The applicant shall determine the meter size by using the current building code and Uniform Plumbing Code.

C. The city shall place a meter on every service and charge the metered rate as provided herein.

D. Each and every commercial, industrial, multifamily and institutional building served by the water system that has 8,000 square feet or more of floor area shall pay a monthly standby fire protection fee. The monthly fire protection service fee shall be $0.60 per each 1,000 square feet of floor area calculated to the nearest 1,000 square feet for all building with 8,000 square feet or more of floor area. The charge per month for 8,000 square feet of floor area is $4.80. Said fee shall be charged whether the building has an active water metered service or not. As long as the building stands, fire protection is needed and the property owner will pay said fee. There is no charge to a building having a floor area less than 8,000 square feet.

E. On January 1st of each year, the rates established in this section shall be adjusted according to the CPI-U Index for the previous year for the Seattle-Puget Sound area. (Ord. 2119 § 1 (part), 2005)

13.24.310 Water consumption outside city – Rates.

The rates for water consumption outside of the city shall be those rates stated in this chapter for consumption within the city, plus 15 percent. (Ord. 2119 § 1 (part), 2005)

13.24.320 Metered service for irrigation – Rates and policies.

A. Services to supply water for irrigation shall be metered and properly sized as determined in SMC 13.24.300(B).

B. Since irrigation of lawns, gardens, parks, etc., is seasonal, the base rate charge each month (12 months each year) for the size of meter shall be 50 percent of the base charge stated in SMC 13.24.330. Volume charges and the out-of-city surcharge are the same as stated elsewhere in this chapter.

C. Proper backflow prevention devices are required on all irrigation services as set forth in the cross-connection policies of the city.

D. Deduct meters may be installed downstream of the main meter for irrigation services. Deduct meters shall be supplied by the city and installed according to the engineering standards established herein and all cost of materials and labor to install such meters shall be borne by the applicant. There is no system development fee charge for deduct meters. Main service meters shall be sized to meet the flow requirements of both irrigation and domestic demand. (Ord. 2119 § 1 (part), 2005)

13.24.330 Charges to become lien.

The city shall have a lien against the premises to which water has been furnished, which lien shall be in the amount and to the extent set forth in RCW 35.21.290 as the same now exists or may hereafter be amended. The lien shall be enforced in the manner set forth in RCW 35.21.300 as it now exists or may hereafter be amended. (Ord. 2119 § 1 (part), 2005)

13.24.340 Violation – Notice.

Any persons known to be violating any provisions of this chapter shall be served by the city with written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. (Ord. 2119 § 1 (part), 2005)

13.24.350 Violation – Penalty.

Any person who continues any violation beyond the time limit provided for in SMC 13.24.340 is guilty of a misdemeanor and upon conviction thereof shall be fined in an amount not exceeding $1,000 for each violation. Each day in which any such violation continues shall be deemed a separate offense. (Ord. 2119 § 1 (part), 2005)

13.24.360 Violation – Liability to city.

Any person violating any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 2119 § 1 (part), 2005)

13.24.370 System development surcharge area – LID No. 73.

All properties located within Local Improvement District No. 73 boundaries shall pay 125 percent of the system development charge in effect at the time of application for service. Said surcharge shall be in effect for 10 years from the effective date of the ordinance codified in this chapter. The surcharge shall automatically be eliminated at that time. (Ord. 2119 § 1 (part), 2005)