Chapter 13.05
WATER SYSTEMS

Sections:

13.05.010    Application.

13.05.020    Definitions.

13.05.030    Water permits.

13.05.040    Permit issuance.

13.05.050    Fees and standards.

13.05.060    Metering.

13.05.070    Meter tests.

13.05.080    Additional work.

13.05.090    Exhibition of permit.

13.05.100    Cost recovery.

13.05.110    Other permits required.

13.05.120    Ownership of water lines.

13.05.130    Identification of utilities location.

13.05.140    Inspection.

13.05.150    Notice of noncompliance or defect.

13.05.160    Effect of review and issuance of permit or inspection.

13.05.170    Delinquency charges.

13.05.175    Water fees lien.

13.05.180    Termination of water service.

13.05.190    Mailing of billings.

13.05.200    Inspection, maintenance and repair.

13.05.210    General penalty.

13.05.220    Public nuisances.

Prior Legislation – Ord. No. 511, §1, 3-20-84; Ord. No. 746, §1, 6-4-90; Ord. No. 976, §§1, 2, 8-21-95.

Cross Reference – Chapters 13.10 and 13.15 KGBC.

13.05.010 Application.

This chapter, and all provisions thereof, shall apply to and govern the ownership, operation, maintenance, repair, connection to, and use of a water system of any service area to which this chapter has been made applicable by ordinance except as may be otherwise provided by ordinance. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.005.]

13.05.020 Definitions.

As used in this chapter, the following terms mean:

“ADEC” means the State of Alaska Department of Environmental Conservation.

“Borough inspector” means the borough manager or his designee.

“Owner” means the owner of record.

“Private water line” means a water line, pipe or other water facility other than a public water system.

“Public water system” means a water system, water line, pipe or other water facility owned or operated by a service area which has made the provisions of this chapter applicable to such service area.

“Service area” means the service area which owns or operates the public water system to which connection is to be made.

“Water lateral” means a water line, pipe, or other water facility leading from a house or other structure to be served by a public water system.

“Water permit” means a permit issued by a service area authorizing connection to a public water system owned or operated by such service area. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.010.]

13.05.030 Water permits.

No person shall make any opening into, or connect any water line, water lateral, pipe, or other device to, a public water system, or construct, install, repair, alter, reconstruct, relocate, or reconnect any water line, water lateral, pipe, or other device to a public water system, unless a water permit is first obtained as provided in this chapter. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.015.]

13.05.040 Permit issuance.

(a)    Application. The owner of the property to be served shall file an application for a water permit with the borough manager or the manager’s designee on such form and accompanied with fee established by resolution of the assembly and such further information as may be required by the borough manager or the manager’s designee and the service area that owns or operates such public water system.

(b)    Plans. With each permit application there shall be submitted for review and approval by the borough inspector a site plan and construction drawings and specifications prepared in accordance with the ordinances, rules, regulations and standards adopted for the service area that owns or operates the public water system, showing the entire course of the proposed water line from the public water system to its connection with the plumbing from the building or premises to be served, and all branches to be connected thereto. The borough inspector may require changes or modifications to be made to the plans, drawings and specifications, and may designate the manner in which any water lines or pipes shall be connected to the building plumbing, the location where connection with the public water line or system shall be made, the size, grade, material, and any other matters relating to installation of the proposed water line, including such changes, modifications, or requirements as may be specified, required, or recommended by ADEC.

(c)    Permit Issuance. Upon approval of the permit application, the borough inspector shall issue a water permit, which permit shall authorize the applicant to proceed to connect the proposed water line or facility to the public water system, in accordance with the terms and conditions set forth in such permit, this chapter, standards and regulations adopted for the service area, and other provisions of law. If the applicant proceeds in any manner other than as authorized, the borough inspector may require the applicant to stop work and to modify, remove, replace or reconstruct any work that is not in compliance with the terms and conditions of the permit, this chapter, standards and regulations adopted for the service area, or other requirements of law, whether or not such work has been covered or completed, or such water permit may be revoked. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.020.]

13.05.050 Fees and standards.

The borough may adopt fees and charges, and rules, regulations and standards for the processing of applications and the issuance of permits, and for the construction, installation, inspection, connection, maintenance, repair, disconnection, reconnection and use of water lines connected, or to be connected to a public water system within a service area. Copies of such fees, charges, rules, regulations and standards shall be filed with the borough clerk and copies thereof shall be made available to public inspection. The borough assembly may, by resolution, waive initial installation and connection fees. [Ord. No. 1615, §1, 1-16-12; Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.025.]

13.05.060 Metering.

(a)    All property served by a water system owned and operated by the borough which is used for commercial or industrial uses shall be metered by a metering device approved by the borough. For purposes of this section, structures containing four or more dwelling units connected to a single service line and boarding houses, as defined in KGBC 18.05.030(b), shall be treated as commercial uses.

(b)    Commercial and industrial uses, regardless of zoning designation, shall have water service metered by a metering device approved by the borough. By written request the owner of a multifamily dwelling, as defined by KGBC 18.05.050(h), may elect to have water service for the structure billed with each unit treated as a separate dwelling unit at the residential use rate in the place of installation of a meter.

(c)    The KGB shall supply, maintain and replace defective water meters at no cost to the owner.

(d)    Water meters may be located on the owner’s property or within the right-of-way. Water meters will be installed at the owner’s expense. A drawing showing the location and design shall be approved by the KGB prior to installing the water meter. If installed on private property outside a building or structure, the owner shall grant the KGB all necessary easements or rights to enter upon the property to inspect, test or repair the water metering device. If installed on private property within a building or structure, the owner shall not unreasonably refuse the KGB the right to enter the building or structure to inspect, test or repair the meter within three working days of notice by the KGB. Failure of the owner to allow the KGB access to the water meter for testing, inspection or repair may cause the KGB to disconnect service until such testing, inspection or repair is made, in which case the owner shall be charged the applicable disconnect and reconnect fees as provided for in KGBC 13.05.050.

(e)    Water metering devices located outside a building or structure shall be installed in such a manner as to minimize the potential for damage to the meter including, but not limited to, freezing. Unless otherwise approved by the KGB, the meter shall be installed in a meter box flush with the ground located outside any building or structure which is readily and easily accessible at all times by KGB for inspection, testing or repair.

(f)    In the event the water meter fails or requires replacement while in use under normal operating conditions, as provided for in the manufacturer’s literature, the KGB shall repair or replace the meter at KGB’s expense. In the event a water meter fails or malfunctions due to misuse or improper use, KGB shall repair or replace the meter at the owner’s expense. Calculation of water consumption for malfunctioning water meters shall be determined as provided for in KGBC 13.05.070(c). [Ord. No. 1828A, §1, 4-17-17; Ord. No. 1402, §1, 8-21-06; Ord. No. 1352, §1, 5-2-05; Ord. No. 1247, §1, 1-20-03. Code 1974 §50.07.027.]

13.05.070 Meter tests.

(a)    KGB may require tests and inspections of water meters as are necessary to ensure a high standard of accuracy. A meter will not be placed in service or allowed to remain in service which has an error in registration in excess of two percent under normal operating conditions.

(b)    KGB may, upon giving owner not less than three working days’ prior written notice, require testing of the water meter. Failure of an owner to allow testing may cause the KGB to disconnect service until the meter is tested in which case the owner shall be charged the applicable disconnect and reconnect fees as provided for in KGBC 13.05.050.

(c)    If a meter is found to over-register or under-register by greater than two percent under normal operating conditions, the owner’s preceding two months of billings will be adjusted to provide a credit for an overbilling or an additional charge for an underbilling. For purposes of adjustments, monthly water consumption shall be determined by averaging consumption over the preceding six months prior to suspected or identified failure that caused the meter to over-register or under-register by greater than two percent. [Ord. No. 1352, §2, 5-2-05. Code 1974 §50.07.028.]

13.05.080 Additional work.

Unless otherwise provided for such service area, no water line, water lateral, pipe, or other water facility not specifically authorized and included in a water permit issued pursuant to the provisions of this chapter shall be constructed or installed except upon the filing of a new application, payment of a new filing fee, and issuance of a new permit covering all of such additional work or connections. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.030.]

13.05.090 Exhibition of permit.

Each water permit shall be displayed at all times during the performance of any work, and until the completion and acceptance of the work by the borough inspector, in some conspicuous place at or near the site of the work and shall be readily and safely accessible to inspection at all times by the borough inspector and ADEC. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.035.]

13.05.100 Cost recovery.

Damage to water mains by any person shall be repaired by the district, and a cost recovery billing to the party involved will be issued by the borough. Cost recovery will include the cost of materials, labor and any other costs associated with the repair. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.037.]

13.05.110 Other permits required.

Issuance of a water permit as provided for herein shall not relieve the permit holder and owner of the property to be served from the responsibility of obtaining all other permits, licenses, or approvals required by the borough, city, or any State, or federal agency. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.040.]

13.05.120 Ownership of water lines.

All water lines, pipes, and other water facilities, shall, upon approval and acceptance thereof by the borough inspector, become the property of the service area from the point of connection to the public water main, to the private property line. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.045.]

13.05.130 Identification of utilities location.

The holder of a water permit shall determine the location of all electrical, water, and other utilities, and shall be responsible and liable for any and all damage to, or disruption of, any utility service and all such damage shall be immediately repaired at no cost or expense to the service area, the borough, or the utility. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.050.]

13.05.140 Inspection.

(a)    No person shall cover or backfill any water lateral, water line, pipe, or other water facility, which is constructed or installed pursuant to a water permit, or otherwise, without having first requested an inspection of the work and received approval of construction and installation thereof by the borough inspector. The borough inspector shall be given not less than 48 hours’ prior notice of the time when construction will be ready for inspection. The borough inspector may inspect and make or require such tests, at the cost and expense of the permittee, as are deemed necessary to determine whether the work complies with all requirements of the water permit, the plans and specifications as approved, and any applicable provisions of this chapter, or any ordinance, standard, rule or regulation of the service area, borough, ADEC, or other municipal, State, or federal agency.

(b)    The borough inspector may require side water laterals to be tested by means of water, air or other means. Such tests, where required, shall be at the cost and expense of the permittee. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.055.]

13.05.150 Notice of noncompliance or defect.

If the borough inspector or ADEC determines any work or materials are not in compliance with the provisions of the permit, plans and specifications as approved, rules, standards or regulations of the service area, this chapter, or other rule, regulation, ordinance or law, the person performing the work, and also the holder of the permit, shall be notified in writing of such defects and noncompliance. If such noncompliance and defects are not corrected within five days after the date of such notice, or such additional time as may be specified in the notice of noncompliance or thereafter allowed by the borough inspector, the borough inspector may order any or all work stopped and may suspend or revoke the permit. In addition, or as an alternative thereto, if, in the opinion of the borough inspector or ADEC the work or conditions constitute a detriment or a hazard to the public water system, or to the property of the service area or owners or residents of the service area, or to the public health, safety or welfare, the borough inspector, in addition to any other remedy, may order immediate corrective action, and may enter upon the property which is the subject of the permit or work as the agent of the owner, and take such corrective action as is deemed necessary, and the owner of the property, and the permit holder, shall be personally liable, jointly and severally, for all of the costs and expenses thereof. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.060.]

13.05.160 Effect of review and issuance of permit or inspection.

Neither the receipt, review or approval of an application for a water permit, or the issuance of a permit, with or without modifications, or the inspection or acceptance of the installation or construction of any water line, pipe, or other water facility, by the borough or a service area, shall impose any responsibility or liability upon the borough, the service area, or any officer or employee thereof, for or relating to the adequacy in the design, installation or construction of such water line, pipe or facility, and such review, approval, or issuance of a permit or performing any inspection shall not constitute any warranty or representation, express or implied, regarding the adequacy of the design, installation, construction or operation of any water line, pipe or other facility, all of such to be the responsibility of the permittee. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.065.]

13.05.170 Delinquency charges.

(a)    In the event any fees or charges are not paid within 25 days after the date of billing such fees and charges shall be delinquent. Upon such fees or charges becoming delinquent there shall be added thereto a penalty of five percent of the amount of such fees or charges, and in addition thereto, interest at the rate of one percent per month shall accrue and be charged on the whole of the unpaid amount of such fees and charges, not including penalty, from the date of delinquency until paid in full.

(b)    The owner of the property shall be personally liable for the amount of any water user fees, charges, penalties and interest, which are assessed, levied or charged.

(c)    Notwithstanding other provisions of this section, delinquent accounts over $100 may be collected through any lawful means. The cost of collection, as defined in KGBC 1.10.020, of such accounts shall be added to the amount owed. [Ord. No. 1737, §8, 9-2-14; Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.070.]

13.05.175 Water fees lien.

(a)    The fees and charges imposed under KGBC 13.05.100, including any delinquency fees, interest, penalties and collection charges under KGBC 13.05.170, shall constitute a lien in favor of the borough upon the real property served or for which the fee was imposed.

(b)     The lien imposed by this section arises and attaches at such time as payment becomes delinquent under KGBC 13.15.180 and continues until the entire amount is satisfied.

(c)     If fees and charges are not paid prior to delinquency under KGBC 13.05.170, a notice of lien may be recorded in the office of the district recorder.

Upon recordation, the lien has priority over all other liens except:

(1)    Liens for property taxes, special assessments, and sales and use taxes;

(2)    Liens that were perfected before the recording of the lien under this section;

(3)    Liens that, under State law, are prior, paramount, and superior to all other liens; and

(4)    Mechanics’ and materialmen’s liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this section.

(d)    An action to foreclose a lien created by this section shall be commenced and pursued in the manner provided for the foreclosure of liens in AS 09.45.170 through 09.45.220.

(e)    The remedy provided in this section is not exclusive and shall be in addition to all other remedies available to the borough to collect the principal amount, penalties, and interest due under this chapter.

(f)    Fees for the administrative costs of filing on notices of liens and releasing of liens shall be:

(1)    Filing of notices of lien: $25, plus recorder’s office filing fee.

(2)    Release of liens: $25, plus recorder’s office filing fee. [Ord. No. 1837, §5, 8-21-17.]

13.05.180 Termination of water service.

(a)    Generally. In the event water bills are not paid as required, the service may be terminated and the utility disconnected. The pre-termination and disconnect procedures shall be as hereinafter provided. An account shall be considered delinquent if unpaid 25 days from invoice date.

(b)    Nonpayment of Bills. The borough shall take the following actions prior to disconnection of utility service for nonpayment of bills:

(1)    A past due notice shall be incorporated into the customer’s normal billing each time an account is delinquent. This notice shall inform the customer that the account is past due and that the utility service is subject to being disconnected if the billing is not paid within 30 days after the date of such past due notice.

(2)    If the account is not paid within 30 days after the date of the past due notice provided for in subsection (b)(1) of this section, a disconnect notice will be sent to the customer.

(3)    The disconnect notice referred to in subsection (b)(2) of this section shall state that unless payment is received within five business days after the date printed on the disconnect notice, service will be disconnected.

(4)    If the account remains delinquent and unresolved after expiration of that time, service shall be disconnected.

(c)    Provisions for Utility Service Reconnection.

(1)    Utility service will be reconnected upon payment of the account balance in full and the payment of any costs associated with the disconnection and reconnection.

(2)    Where scheduling does not permit normal service reconnection on the same day as requested, the customer may elect to pay an after-hours charge for obtaining reconnection of service that day or service will be reconnected on the next available business day.

(3)    It shall be unlawful for any person other than an authorized employee of the Ketchikan Gateway Borough to turn on or turn off any water service or water main. Penalty shall be as set forth in KGBC 1.10.040. [Ord. No. 1178, §1, 4-16-01; Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.075.]

13.05.190 Mailing of billings.

Unless otherwise provided for such service area, all billings shall be mailed to the owner of the property at the address shown on the most current assessment roll in the office of the borough assessor, or to such other address, or to such other person as has been requested by the owner in writing; provided, however, failure to receive a billing shall not relieve the owner of the property from the obligation to timely pay all fees and charges. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.080.]

13.05.200 Inspection, maintenance and repair.

Any necessary inspection, cleaning, maintenance, or repair of any water lateral shall be performed at the expense of the property owner. Prior to engaging in any inspection, cleaning, maintenance, or repair of a water line, the property owner shall notify the borough of intent to engage in such cleaning operation. The owner of the property is responsible for inspection, cleaning, maintenance and repair from the point of connection to the public water main to and including the building to be served. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.085.]

13.05.210 General penalty.

Any person who violates any provision of this chapter shall be guilty of a violation, and, upon conviction thereof, shall be punished by a fine of not more than $500. Each act or violation and every day upon which any such violation shall occur shall constitute a separate offense. [Ord. No. 1607, §16, 10-3-11; Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.090.]

13.05.220 Public nuisances.

The borough assembly hereby finds, determines and declares that the public health, safety and welfare, and the protection of the inhabitants of the borough, require the adoption and promulgation of the provisions, restrictions, and requirements set forth in this chapter and require the control of the time, place and manner of construction, maintenance, repair, operation of water lines, pipes and facilities, and the connection of water lines to any public water system, and fixing of fees and charges therefor, as set forth in this chapter, and in any ordinance, rule, regulation or standard adopted for any service area, and further finds, determines and declares that the violation of, or failure to comply with, any of the provisions of this chapter, or any permit, notice, order, standard, rule or regulation issued or promulgated pursuant thereto, or any ordinance, rule, regulation or standard applicable to or regarding any service area to which this chapter is made applicable, constitutes a public nuisance and in addition to any other remedy otherwise provided by law may be enjoined. [Ord. No. 1090A, §1, 5-3-99. Code 1974 §50.07.095.]