Chapter 13.12
WATER

Sections:

13.12.005    Definitions.

13.12.010    Payment of bill – Enforcement.

13.12.020    Shut-off charges – Conditions for turning on again.

13.12.030    Disputed accounts.

13.12.040    Voluntary discontinuance.

13.12.050    Payment responsibility.

13.12.060    Rights of entry.

13.12.070    Unlawful interference or tampering with system unlawful – Penalty.

13.12.080    Establishment of fees and charges.

13.12.005 Definitions.

The words and phrases set out in this section are defined as follows:

A. “Low income senior citizen” means persons 62 years of age or older, on or before January 31st of the year of the filing for the discount. Low income is based on 125 percent of the federal poverty guidelines.

B. “Base rate” means the minimum monthly charge for water/sewer service.

C. “Nonprofit social service agencies” means an agency designated to provide meaningful opportunities for social and economic growth of the disadvantaged and at risk sector of the population in order to assist their development into productive and self-reliant citizens. To accomplish this goal the agency will provide one or more of the following services without discrimination to individuals and families: basic needs, financial assistance, mental/physical health services, community building services, recreational services. (Ord. 826-03 § 1; Ord. 603 § 1, 1993; Ord. 519 § 1, 1989)

13.12.010 Payment of bill – Enforcement.

A. All water/sewer charges assessed by the city shall be due and payable on the fifteenth day after the city issues its statement for service by mailing a bill to the owner of the premises served.

B. All payments not made on or before said date are delinquent and are declared to constitute a lien against the premises served, as provided by state law.

C. If payments are not made within 30 days after mailing of the bills, the finance director or representative, upon giving 10 days’ written notice to the owner and/or occupant of the premises, shall notify the public works department to shut off the water service to the premises until such time as all delinquent bills and service charges have been paid in full. (Ord. 1044-09 § 1; Ord. 871-04 § 1; Ord. 435, 1983; Ord. 346 § 1, 1976)

13.12.020 Shut-off charges – Conditions for turning on again.

A. In the event that the public works director or representative shuts off water service by reason of a delinquent account, a shut-off charge shall be assessed and shall become a lien against the premises.

B. If the customer requests that service be turned on again, an additional charge shall be assessed.

C. No water service shall be turned on until such time as all delinquent bills and assessments provided for herein have been paid in full or satisfactory arrangements, at the discretion of the finance director or representative, have been made. No service shall be reconnected after normal working hours of the public works department except in the case of emergency.

D. All shut-off and related charges shall be established by resolution. (Ord. 1044-09 § 2; Ord. 974-07; Ord. 435, 1983; Ord. 346 § 2, 1976)

13.12.030 Disputed accounts.

In the event of a disputed account, the owner of the premises must tender the basic fee charged per month and if such tender is received by the city prior to the water service being shut off, the city shall not refuse service to the premises until suit has been entered by the city and judgment entered in the case. The owner must request a hearing before the utility committee within five days of disconnect notice to resolve the dispute. All decisions of the utility committee will be final. (Ord. 435, 1983; Ord. 346 § 3, 1976)

13.12.040 Voluntary discontinuance.

A. Should any customer desire to voluntarily discontinue the use of water for a period of more than one month, notice in writing must be given to the city utility clerk and payment of all water charges then accrued must be paid in addition to the turn-off fee.

B. Water service shall be resumed upon request and payment of the turn-on fee.

C. Remission of water charges shall not be made for a period of less than one month, nor without the notice provided for herein.

D. The city will not discontinue water service at the request of a landlord if it appears that the premises are occupied, and the utility turnoff is being used in a landlord/tenant dispute. (Ord. 435, 1983; Ord. 346 § 4, 1976)

13.12.050 Payment responsibility.

A. All water accounts shall be kept in the name of the owner of the premises for which the service is provided, and the owner shall be held responsible for water charges and assessments accruing at the premises owned by them.

B. The city will bill all accounts to the owner of the property to which utility services are being provided unless one of the following arrangements is made for the tenant to be billed for utility services: (1) the landlord shall sign a contract with the city which makes the landlord responsible for the utility charges and the property subject to the utility charge lien if the tenant allows that account to become delinquent; (2) the landlord may request that the account be billed to the tenant; provided, that all charges to date have been paid and that the account is kept current by the tenant. No tenants of multiple-dwelling units will be billed separately.

C. Discontinuance of service for any cause stated herein shall not release the owner from his obligation for payment of delinquent bills and charges. (Ord. 1044-09 § 3; Ord. 435, 1983; Ord. 346 § 5, 1976)

13.12.060 Rights of entry.

The public works director or representative shall have free access at all reasonable hours to building premises to which water service is rendered for the purpose of inspecting the same and also for the purpose of exercising the right of water shutoff, either personally or by other employees or contractors of the city, in the event such account becomes delinquent. (Ord. 1044-09 § 4; Ord. 435, 1983; Ord. 346 § 6, 1976)

13.12.070 Unlawful interference or tampering with system unlawful – Penalty.

Every person who willfully damages, interferes or tampers with the water system of the city, or who makes an unauthorized connection thereto, or who turns water service on or off from a premises without permission from the public works director or representative shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $250.00 nor more than $1,000 in addition to all outstanding water service charges. (Ord. 1044-09 § 5; Ord. 435, 1983; Ord. 346 § 7, 1976)

13.12.080 Establishment of fees and charges.

A. Water rates shall be set by separate ordinance and included as an attachment to the annual fee schedule adopted by the city council.

B. Water General Facilities Charge.

1. A water general facilities charge shall be assessed at time of application for a new connection to the Sultan water system or at time of expansion or change of use of a facility when the water usage is expected to increase.

2. A general facilities charge shall be as established by the city council by separate ordinance. The amount set by such ordinance shall be the amount paid per equivalent residential unit (ERU).

a. Single-family residences will be charged for one ERU.

b. Accessory Dwelling Unit (ADU).

i. Attached Unit. No separate charge and included in the residential per unit cost of the principal use.

ii. Detached Unit. Fifty percent of an equivalent residential unit.

c. ERUs for new multifamily and commercial customers shall be based on the size of water meter needed to supply the customer’s calculated peak demand.

d. ERUs for Public and Private Parks, Recreational and Open Space Areas or Facilities. Based upon the size of the water meter needed to supply the facility’s peak calculated water demand.

e. Nonprofit Social Service Agencies. Exempt from all or a portion of the commercial connection charge as determined by the public works director to reflect the mission of the agency to provide assistance to the poor, elderly, or disabled.

f. In no case shall the ERU amount be less than one.

Meter Size

ERU

5/8 x 3/4 inch

1

1 inch

1.5

1-1/2 inches

2

2 inches

2.5

3 inches

4

4 inches

5.5

6 inches

8

8 inches

10.5

C. Permits. All necessary right-of-way use permits and easements must be obtained by the property owners before water service can be connected.

D. Late Payment Charge. Monthly payments for service under this chapter shall be due 15 days after the city issues its statement for services. In the event payment in not made by the due date, a late payment charge shall be automatically added to defray the city’s increased cost of collection in the amount of the greater of five percent of the payment due under this chapter or $5.00. This late payment charge shall be in addition to any other late payment charge due under any other chapter under the Sultan Municipal Code.

E. Security Deposit. Where a person or entity receiving service under this chapter has been late in the payment of services under this chapter twice in any six-month period of time or where a person or entity files for creditor relief under either state or federal law and there are charges due the city that are unpaid under this chapter, the city treasurer may require the person or entity to post a security deposit in an amount up to twice the amount due the city as a condition of receiving continued service from the city under this chapter.

F. All rates imposed under subsection (A) of this section are exclusive of any utility tax imposed on the city, and all billings to customers will be charged based upon the rate set out in subsection (A) of this section and in addition to the utility tax assessed against the city. (Ord. 1044-09 §§ 6, 7; Ord. 911-06 § 1; Ord. 864-04 §§ 1 – 4; Ord. 826-03 § 3; Ord. 755-00 § 2; Ord. 712-99 § 2; Ord. 703-99; Ord. 689-98 § 1; Ord. 681-98 § 2; Ord. 603 § 2, 1993; Ord. 519 § 2, 1989)