Chapter 13.04 WATER SERVICE REGULATIONS

The ordinance codified in this chapter shall be known and may be cited as the water service ordinance of the city of Connell, Washington. (Ord. 905 § 1 (part), 2011).

13.04.020 Definitions.

For the purpose of this chapter the following words or phrases have the meaning set forth herein, unless the context indicates otherwise:

(a) “Approved backflow prevention assembly” or “backflow assembly” or “assembly” means an assembly to counteract backpressures or prevent back-siphonage. This assembly must appear on the list of approved assemblies issued by the Washington State Department of Health. The assembly must be purchased and installed as a complete unit including two shutoff valves and test cocks.

(b) “Backflow” means the flow of water or other liquids, gases or solids from any source back into the distribution system. The flow of water in the opposite direction of its intended flow.

(c) “Backflow assembly tester” means a person holding a valid BAT certificate issued in accordance with WAC 246-290-490 and Chapters 18.27, 18.106 and 70.119 RCW.

(d) “City” means the city of Connell.

(e) “Commercial services” means water services to businesses engaged in the light manufacturing and/or sale of a commodity or commodities, or the rendering of a service.

(f) “City clerk-treasurer” means the city clerk-treasurer of the city of Connell.

(g) “Council” means the city council of the city of Connell.

(h) “Customer” means all persons obtaining water service from the water supply system of the city of Connell.

(i) “Department” means the public works department of the city of Connell.

(j) “Director” means the public works director of the city of Connell.

(k) “Fee schedule” means the current city of Connell fee schedule setting various fees or charges for services as adopted by the city council by resolution.

(l) “Industrial services” means water service connections to a business enterprise engaged in the manufacture of products, materials, equipment, machinery and supplies on a substantial or major scale.

(m) “Main” means waterline designed or used to serve more than one premises.

(n) “Multiple dwelling units” means multifamily structures such as duplexes, apartment buildings, condominiums, mobile home parks, trailer courts, etc., or multi-occupant separate dwelling or sleeping units such as recreational vehicle parks, motels, hotels, and similar dwelling structures, served with one or more meters.

(o) “Permanent main” means a main consisting of materials as approved by the director which are constructed to city standards and approved and accepted for use by the city.

(p) “Premises” means any piece of property to which water is provided including, but not limited to, all improvements, mobile structures and structures located on it.

(q) “Residential service” means water service connections to single-family and multifamily dwelling units.

(r) “Service installation,” “service connection,” or “connection” means all piping and fittings from the main to the property owner’s side of the water meter assembly.

(s) “System” means all water source and supply facilities, transmission pipelines, storage facilities, pumping plants, distribution mains and appurtenances, vehicles, and materials storage facilities.

(t) “System participation fee” means a charge made for new system connections to help defray the cost of past and future system improvements. Once it has been paid by a customer for a premises, it will not be collected again if the service is repaired or replaced with the same size service in the future.

(u) “Temporary main” means mains which do not conform to city standards with respect to size, location, type of material and/or method of installation.

(v) “Water service area” means that area consisting of the corporate limits of the city of Connell and those areas that have been or may be designated for water service by the city council. (Ord. 905 § 1 (part), 2011).

13.04.030 Purpose of provisions.

The purpose of this chapter is to establish charges and fees for service, and general rules and regulations for the service and extension of service from the water system of the city, and to promote the public health, safety and general welfare of the users of the water system, in accordance with standards established by the city, county, state and federal governments. (Ord. 905 § 1 (part), 2011).

13.04.040 Applicability.

The provisions of this chapter shall apply to all water services provided by and all work related to the water system performed by the department. The city shall be the exclusive provider of domestic water within the city limits. The city shall not provide water outside the city limits, except by agreement in areas that may be within or added to the city’s water service area. (Ord. 905 § 1 (part), 2011).

13.04.050 Administration—Service policies.

The director and the city clerk-treasurer may make such administrative determinations for the proper operation of this chapter as are not inconsistent with its provisions. (Ord. 905 § 1 (part), 2011).

13.04.060 Inspection.

(a) Authorized employees of the city, properly identified, shall have access, at reasonable hours of the day, to all parts of a premises or building to which water is supplied by the city, for the purpose of assuring conformity to these regulations.

(b) Whenever the owners or occupants of any premises supplied by the department restrain, interfere with or obstruct authorized city employees from making such necessary inspections, water service may be refused or discontinued. (Ord. 905 § 1 (part), 2011).

13.04.070 Emergency interruption of service.

(a) In case of emergency, or whenever the public health, safety, or the equitable distribution of water so demands, the director may authorize the department to change, reduce or limit the time for or temporarily discontinue the use of water. Water service may be temporarily interrupted for purposes of making repairs, extension, or doing other necessary work.

(b) Before so changing, reducing, limiting or interrupting the use of water, the department shall notify, insofar as practicable, all water consumers affected.

(c) The city shall not be responsible for any damage resulting from interruption, change or failure of the water supply system. (Ord. 905 § 1 (part), 2011).

13.04.080 Discontinuance of service.

The city may discontinue service by reason of failure to pay a bill for service or the failure to comply with the terms of this chapter, in accordance with the procedures established by state law, this chapter and other city ordinances. (Ord. 905 § 1 (part), 2011).

13.04.090 City not liable for damages.

The city shall not be liable for damages nor will allowances be made for loss of production, sales or service, in case of water pressure variations, or in case the operation of the city’s source of water supply or means of distribution fails or is curtailed, suspended, interrupted or interfered with, or for any cause. Such pressure variation, failure, curtailment, suspension, interruption or interference shall not be held to constitute a breach of contract on the part of the city, or in any way affect any liability for payment for water made available. (Ord. 905 § 1 (part), 2011).

13.04.100 Hydrants—Authorized use.

It is unlawful for any person, other than authorized employees of the fire and public works departments of the city, to operate fire hydrants and hose outlets, unless proper arrangements have been made for payment thereof and permission has been granted by the department. (Ord. 905 § 1 (part), 2011).

13.04.110 Unlawful acts designated.

(a) Any person causing damage to any property belonging to the department shall be liable to the department for any and all damages resulting either directly or indirectly therefrom.

(b) It is unlawful for any persons to willfully disturb, break, deface, damage or trespass upon any property belonging to or connected with the water system of the city, in any manner whatsoever.

(c) It is unlawful for any person to store, maintain or keep any goods, merchandise, materials or rubbish within a distance of five feet of, or to interfere with the access to or operation of, any water meter, gate valve, fire hydrant, or other appurtenance in use on any water service connection, water main or fire protection service. (Ord. 905 § 1 (part), 2011).

13.04.120 Application for service.

(a) An application shall be made for all service connections, for the use of fire hydrants, and for work to be performed by the department. Such application shall be on forms provided by the clerk-treasurer.

(b) An application shall be accompanied by all fees required by this chapter.

(c) The application shall provide all information required by this chapter, as well as all other information determined by the city clerk-treasurer to be necessary for consideration and action upon the application.

(d) The application, when approved by the city clerk-treasurer, shall constitute an agreement whereby the applicant agrees to conform to the provisions of this chapter, as now enacted or hereafter amended.

(e) A change of use of the served premises will require a new application for service be made. For further clarification see Section 13.04.130(h). (Ord. 905 § 1 (part), 2011).

13.04.130 Conditions applicable to all water service connections.

(a) All service connections shall be metered.

(b) Each served premises must have a separate connection to a main, unless otherwise approved by the director when impossible or impractical. Water will not be provided to more than one customer or premises through a single-service connection, and separate service applications are required for each premises. When two or more customers are being served by a single-service connection on the effective date of the ordinance codified in this chapter the director may require the installation of a new service at the cost of the customer.

(c) All accounts for water shall be kept in the name of the owner of the premises and not in the name of the tenant, and the owner, under all circumstances, shall be held responsible for payment of all rates and charges; provided, however, that actual billings may be made to the address of a tenant who holds a written lease; however, this shall not serve to relieve the owner of ultimate responsibility and liability for payment of all charges.

(d) When the premises for which service is sought does not abut a main with sufficient pressure and capacity to provide the required flow at the property line, the application for service shall be rejected.

(e) No application for water service shall be accepted or approved for locations outside of the city water service area.

(f) The furnishing of water by a customer to premises other than that serviced by the customer’s service is prohibited, except as may be approved by the director, and except during emergencies; provided, that emergency service cannot continue for more than thirty days and an application for emergency service shall be made to the department within one business day of the onset of the emergency.

(g) A request for a change in the size of service connection shall be treated as a request for a new service installation, except when the request is for downsizing an existing service connection. Downsizing shall be handled on a case-by-case basis by the director and with his approval. Charges for downsizing an existing service will be for actual costs only, not for the cost of a new installation.

(h) A change of use of the served premises will require a new service connection, unless the existing service is adequate for the changed use, as determined by the director.

(i) All water service connections shall be made by the department (unless the director authorizes and supervises installation by a qualified contractor after payment of applicable hookup fees).

(j) The cost of such connections shall be paid by the customer in accordance with Section 13.04.190. Where special conditions exist, such as inability to bury service lines, the actual costs of installation shall be charged to the customer in addition to any administrative fees and water service connection fees.

(k) When a building is replaced by a new building, the existing water service connection shall not be used when the director determines that such connection is not acceptable. In such instance, the customer shall be required to install a new water service connection, in accordance with the terms of this chapter.

(l) The reconnection of a meter disconnected during a period of shut-down by an industrial user constitutes a new installation for the purpose of computing connection charges. (Ord. 905 § 1 (part), 2011).

13.04.140 Water service and use charges.

(a) Water service and use charges shall be established and amended through the city’s fee resolution.

(b) The term “dwelling units” as used within the Water Service Charges “Table A” portion of the city’s fee resolution includes each unit, space, or lot for rent or lease in a park for mobile homes, recreational vehicles and trailers whether or not actually rented. To compute the monthly base water service charge for structures designed and used for multifamily or multi-occupant separate dwelling or sleeping units, such as apartment houses, condos, duplexes, mobile homes, trailer courts, mobile home parks, recreational vehicle parks, motels, hotels, and similar multi-occupancy dwelling structures, served with one or more meters, the per unit residential base rate for the diameter of the service meter, set forth in Water Service Charges “Table A” of the city’s fee resolution, is multiplied by the total number of separate dwelling units (whether or not actually occupied), and the product thereof is the monthly base rate for such structure or structures. (Ord. 905 § 1 (part), 2011).

13.04.150 Reduction of rates—Low-income senior citizen or low-income disabled citizen.

(a) A reduced domestic water rate is available to low-income senior citizens or low-income disabled citizens who meet the eligibility requirements established by Section 1.20.010, subject to the terms and conditions as set forth.

(b) The reduced domestic water rate, pursuant to this section, shall be subject to the following eligibility requirements:

(1) A low-income senior citizen or low-income disabled citizen reduced domestic water rate will be given only for single-family residences served by one meter. Multiple living units served by one meter are specifically excluded from this reduced rate.

(2) The applicant must reside permanently in the single-family residence to which the reduced rate is applied.

(3) The reduced rate is limited to one per eligible individual.

(4) The applicant must be the sole occupant or the head of the household or the spouse of the head of the household.

(c) The reduced rate for low-income senior citizens or low-income disabled citizens shall apply to the total monthly water service charge as established by Section 13.04.140, and shall apply as follows:

(1) Class A designation (as established in Section 1.20.010): a fifty percent reduction in the monthly water service charge established by Tables A and B referenced in Section 13.04.140.

(2) Class B designation (as established in Section 1.20.010): a twenty-five percent reduction in the monthly water service charge established by Tables A and B referenced in Section 13.04.140. (Ord. 905 § 1 (part), 2011).

13.04.160 Industrial and agriculture irrigation rates.

(a) The rates for industrial and agriculture irrigation users shall be negotiated with each industrial and agriculture irrigation user, on uniform standards, based upon demand requirements, seasonal variances, and other factors that affect the industry and the cost of facilities and services demanded of the city and such agreed schedule of rates shall be reduced to writing, approved by the city council, and filed with the city clerk-treasurer.

(b) Billings for the service charge shall be determined by the meter size deemed by the director as necessary to efficiently meter water delivered to the water customer. (Ord. 905 § 1 (part), 2011).

13.04.170 Multiple-unit charges.

In the case of hospitals, apartment buildings, cabins, hotels, trailers, business houses, and other properties where such units are so situated on property that the individual unit cannot lawfully be deeded as a separate premises, such units shall be classified as multiple units, and are not to be considered as individual units. Charges for such multiple-unit customers shall be billed to one applicant for the entire unit, and consist of a service charge for the applicable meter size serving the overall unit, as shown on the preceding schedule, plus a charge for water delivered to the overall unit, as shown by the applicable preceding schedule for water delivered. (Ord. 905 § 1 (part), 2011).

13.04.180 Service outside city limits.

For all water service by users located outside the city limits, the charge shall be established by the city’s fee resolution. (Ord. 905 § 1 (part), 2011).

13.04.190 Connection to the system—Charges.

(a) A connection charge shall be paid to the city by the individual or entity making application for a new connection to the water system. Connection charges, as defined in this subsection, shall be payable upon the completion of work relating to the service connection and acceptance inspection by the director or designee.

The connection charge shall be the actual cost to the city for the meter, material, parts and labor pertaining to the connection and service, surface restoration plus an amount equal to twenty percent thereof, for administration and overhead costs. The work shall be billed on the basis of actual cost of installation plus administrative overhead of twenty percent.

(b) The director may allow services to be installed by a certified contractor and shall be installed at the landowner’s expense for the service line, meter, meter box and service line from the water main to the property line. This installation must be done in accordance with the city’s standard specifications, and use a meter that is of the same brand and model as being used by the city, and said meters will be available through the city. All contractor installed connections must be inspected and approved by the director prior to being covered or backfilled. (Ord. 905 § 1 (part), 2011).

13.04.200 Fees—System participation.

(a) There is a one-time system participation fee for new services for single-family residential, multiple-family residential, single-unit commercial, and multiple-occupancy buildings and businesses, motels, inns, institutions, and schools. The system participation fee shall be payable at the time of application for a service connection. The fee shall be established and amended through the city’s fee resolution.

(b) System participation fees for services larger than four inches fall under industrial rate, Section 13.04.160. If a service is replaced with a larger meter size, the owner will pay the difference between the current system development fee for the meter being installed and the one being replaced. (Ord. 905 § 1 (part), 2011).

13.04.210 Charges deemed lien.

All charges for water and sewer connections and service, and all service charges not more than four months past due, provided in this chapter, or as may be hereafter amended, together with penalties and interest thereon shall be a lien upon the premises with which such connections are made subject to RCW 35.21.290 and are superior to all other liens and encumbrances whatsoever, except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law. (Ord. 905 § 1 (part), 2011).

13.04.220 Bulk water usage.

(a) Fees for the acquisition of bulk water from the city shall be established by the city’s fee resolution.

(b) All bulk water users requiring the use of a meter shall also pay a hookup fee and a refundable meter deposit in amounts established by the city’s fee resolution prior to hookup. The deposit shall be refunded upon the inspection of equipment and payment of bill. The deposit shall be held in the event of damage to the valve/meter or hydrant in the amount of the damage. If damage or loss is in excess of the deposit, the renter shall be held responsible for the repair or replacement costs. (Ord. 998 § 1, 2019; Ord. 905 § 1 (part), 2011).

13.04.230 Ownership of permanent facilities.

(a) The ownership of all water mains and service connections in public rights-of-way shall be solely vested in the city.

(b) The ownership and responsibility for the maintenance of individual service pipe extensions from the meter to the premises served shall be that of the owner of the premises served and the city shall not be liable for any part thereof. (Ord. 905 § 1 (part), 2011).

13.04.240 Owner’s service piping specifications.

(a) All water service piping leading from the water main to the meter shall be laid not less than thirty-six inches below the surface of the ground.

(b) Water service pipes or any underground water pipes shall not be laid in the same trench with building sewer or drainage piping.

(c) Water service pipes parallel to building sewers or drainage piping shall normally be above and separated by a distance of at least ten feet horizontally, unless otherwise approved by the director.

(d) Shutoff valves of approved full-flow pattern with key or handwheel shall be installed before any branch connections in the water service pipe leading from the city meter to the building within the premises served, in accordance with the applicable plumbing code. Shutoff valves where buried shall be properly enclosed in a minimum six-inch-diameter pipe, or box, of concrete, plastic or iron, with an approved cover, protected from freezing and readily accessible.

(e) Valves or customer-owned equipment are not permitted to be installed within the city’s meter box.

(f) Service connections and extension pipes laid underground shall be sized in conformance with the applicable provisions of the Uniform Plumbing Code as adopted by the city.

(g) Service connection and extension pipes shall comply with the Uniform Plumbing Code in effect at the time of installation.

(h) The department may require any customer to install a backflow prevention assembly at any location where the director determines a need, to protect the department’s facilities in accordance with Chapter 13.13. (Ord. 905 § 1 (part), 2011).

13.04.250 Plumbing specifications.

(a) All persons installing fixtures or appliances to be supplied with water from the city water mains shall be subject to the requirements of the applicable plumbing code of the city. Persons installing plumbing in new buildings shall leave the valve at the meter at the “off” position upon completion of their work.

(b) Persons making additions or repairs to existing plumbing systems shall not operate the valve at the meter in any way.

(c) The director shall have the right to refuse water service or discontinue water service in any situation where it is discovered that applicable city standards and codes have not been complied with in making the installations. (Ord. 905 § 1 (part), 2011).

13.04.260 Lawn sprinkler specifications—Inspection required.

All underground irrigation systems shall be subject to the following requirements:

(a) A lawn sprinkler system connected to a domestic or commercial connection shall be equipped with an approved backflow prevention assembly in accordance with the provisions of Chapter 13.13.

(b) A permit issued by the city shall be required prior to the installation of any lawn sprinkler system. The permit fee shall be established by the city’s fee resolution.

(c) The stop-and-waste valve for a lawn sprinkler system shall be at the same depth as the water service pipe; however, the lawn sprinkler system of the premises owner may be laid to a lesser depth at the option of the owner.

(d) Such additional stop-and-waste valves as are required to properly drain the sprinkler piping shall also be installed.

(e) Water service may be refused to existing lawn sprinkler systems which are not equipped with an approved backflow prevention assembly.

(f) All sprinkler piping shall be inspected by an authorized city employee prior to backfilling the trenches. (Ord. 905 § 1 (part), 2011).

13.04.270 Fire protection service.

(a) A water service connection to be used solely for fire protection purposes may be installed, servicing any premises, subject to the provisions of this section.

(b) Fire protection systems shall be provided in accordance with National Fire Protection Association guidelines.

(c) A plan of the proposed required fire protection system showing the general installation detail shall be required and shall be approved by the director and the fire chief prior to construction.

(d) Service of more than one premises by a fire service shall not be permitted.

(e) Fire protection systems shall be installed and maintained by the customer in a manner approved by the department and the system shall contain an approved, tested backflow prevention assembly. (Ord. 905 § 1 (part), 2011).

13.04.280 Turn-on—New installation.

When new water service connections are installed by the department for any premises, the valve at the meter shall be turned to the “off” position and remain off until a turn-on is applied for and an order shall be issued by the department upon written application therefor by the owner of the premises to be supplied after inspection and approval by the department, and after the building inspector has issued a certificate that all provisions of the applicable plumbing code have been complied with. (Ord. 905 § 1 (part), 2011).

13.04.290 Turnoff—No charge.

Except in the case of the connection or disconnection of service, after written application or verbal request, water service may be turned off without charge where such turnoff can be accomplished at a time convenient to the department. (Ord. 905 § 1 (part), 2011).

13.04.300 Special or emergency turn-on or turnoff fees.

Whenever a request is made of the department for an emergency turnoff or turn-on or temporary discontinuance of water service to any premises which necessitates immediate action outside of normal working hours for the crew, a service charge established by the city’s fee resolution shall be assessed to the consumer making the request. (Ord. 905 § 1 (part), 2011).

13.04.310 Fees—Payment requirements.

All unpaid water service charges and penalties incurred by the applicant shall be required to be paid at the time of application for turn-on, or an arrangement for payment satisfactory to the city clerk-treasurer shall be made before water is supplied to the premises. (Ord. 905 § 1 (part), 2011).

13.04.320 Unauthorized turn-on prohibited.

(a) It is unlawful for any person, except duly authorized employees of the city, to turn on the water supply to the premises after a turnoff is made at the meter by the city.

(b) A water service to any premises turned on by an unauthorized person, after said water supply had been turned off by the department, may, upon discovery, be disconnected by the city from the water main in the street, and shall not be connected again until all fees due as a result of the disconnecting and reconnecting of such service are paid. (Ord. 905 § 1 (part), 2011).

13.04.330 Authorized turn-on or turnoff—Liability disclaimer.

The city shall not be liable for any damage to persons or property resulting from a properly performed and authorized turnoff or turn-on of the water service, including but not limited to situations where water service is left on between a change of customers occupying the premises, at the request of one of the customers, or the services disconnected for nonpayment or no contract. (Ord. 905 § 1 (part), 2011).

13.04.340 Disconnection of service—Condemned buildings.

Whenever a premises supplied with water has been found by the proper authorities to be dangerous to human life and unfit for human habitation, and notice of such finding has been received by the department from said authorities, the director shall cause the water service to such premises to be turned off. Water service to such premises shall not be restored until the owner and/or agent has secured a release or clearance from the proper authorities. (Ord. 905 § 1 (part), 2011).

13.04.350 Water meters—Ownership and installation.

All meters installed on water-service connections by the department shall be and remain the property of the city and shall be removed only by the department. (Ord. 905 § 1 (part), 2011).

13.04.360 Water meters—Exchange and reinstallation—Overload meters.

(a) Whenever the owner of any premises desires to change the size of a meter an application shall be made to the department, as provided for in Section 13.04.130, and upon approval the exchange will be made at the expense of the owner. Whenever the relocation of a permanent main is necessitated, all existing customer meters will be reinstalled and connected to the new or relocated permanent main at no expense to the customer.

(b) Overload Meters. Whenever demand periodically exceeds the rated capacity of a meter to the extent that the meter may be damaged, the department shall notify the owner of this fact. After evaluating the owner’s requirements, the department shall advise what size meter is necessary to give proper service without damage to the meter. The estimate of cost covering such change shall be furnished by the department, upon request by the owner, without charge. If the owner does not make the required deposit for the installation of the larger meter within thirty days after the date of the notice, then the department shall install the proper size meter, charging the total cost to the owner, or the department may discontinue service. (Ord. 905 § 1 (part), 2011).

13.04.370 Water meters—Maintenance and repair.

(a) The department shall maintain and repair all domestic, commercial and industrial service meters and shall replace meters periodically, when necessary, if rendered unserviceable by ordinary use.

(b) When replacement or repairs to any meter are made necessary by the willful act, neglect or carelessness of the owner or occupant of the premises served, all expenses of such repair or replacement shall be borne by the owner or occupant of the premises. (Ord. 905 § 1 (part), 2011).

13.04.380 Maintaining mains, lines or meters outside city limits.

All domestic water mains and lines lying outside the city limits shall be maintained by the users thereof, and the city shall have no duty to repair or replace such mains or lines. (Ord. 905 § 1 (part), 2011).

13.04.390 Water meters—Meter rereads.

(a) Obstructed Meters. Whenever it is necessary for city personnel responsible for reading meters to return to any meter to read the same because access to the meter is obstructed or made difficult by debris, dirt, large inanimate objects, or any other material, a service charge established by the city’s fee resolution shall be charged for city personnel to conduct a rereading for that particular reading period. City personnel shall leave a notice informing the occupant of the premises that the meter was obstructed and could not be read. Meter rereads will be conducted by city personnel no more than once per general reading period.

(b) Rereading at User’s Request. Whenever a water user requests a rereading of the user’s meter and said rereading has been performed, and there is no error in the original reading and the meter is properly functioning, the water user shall pay a service charge established by the city’s fee resolution for each such rereading. (Ord. 905 § 1 (part), 2011).

13.04.400 Monthly fire hydrant charge.

A monthly charge to the city determined annually by the city administrator or designee for providing general public fire protection service through the use of the department’s fire hydrants and other necessary facilities shall be assessed to the fire department. (Ord. 905 § 1 (part), 2011).

13.04.410 Charges for service outside regular hours.

Whenever the department responds to a request outside of regular working hours for assistance to investigate a deficiency in water service to any premises and it is determined that the deficiency is the result of improper operation or maintenance of the customer’s plumbing, a per-hour service charge established by the city’s fee resolution for a minimum of two hours will be assessed for the after-hours call out. (Ord. 905 § 1 (part), 2011).

13.04.420 Reading of water meters—Billing procedures.

Residential and commercial water meters will be read monthly. The department may waive water meter readings due to inclement weather as determined by the director. In the event meter readings are waived in a particular month, water users will be billed the basic charge for that month. Customers may prepay any or all of their utility bills, and the balance shall be maintained as a credit balance on their total utility bill until exhausted. (Ord. 905 § 1 (part), 2011).

13.04.430 Payment—Due date.

(a) Bills for water service shall be issued on the first day of each month covering service provided beginning the twenty-first day two months prior and ending the twentieth day of the preceding month for the month’s service included in the last meter reading. Utility bills are due on the fifteenth day of the month of issuance for nondelinquent accounts.

(b) All water rates shall be charged against the premises for which it is furnished and against the premises owner, and if for any reason any sums owing become delinquent the water shall be shut off and shall not in any circumstance be turned on again to the same premises until all such delinquencies in addition to the current utility charges have been paid in full; provided, a new owner or occupant shall not be required to pay delinquent charges incurred by a previous owner or occupant in order to get the water turned on. This does not negate liability of any owner or prior occupant for unpaid charges, nor does it eliminate the city’s ability to file a lien as provided in this chapter. (Ord. 905 § 1 (part), 2011).

13.04.440 Payment—Delinquency and service termination conditions.

(a) Failure to pay service charges for any billing period before the sixteenth day of the month in which the bill has been issued shall render services liable to be shut off and same shall not be turned on until the delinquent charges and penalties in the sum of eight percent per year upon such delinquent charges together with the additional service charge established by the city’s fee resolution for turning on the domestic water shall have been paid.

(b) The city shall give notice to the customer when an account becomes delinquent and shall assess a charge established by the city’s fee schedule on said account. The fee shall be included on the customer’s next monthly bill.

(c) Commercial accounts shall be administered in the same manner as residential accounts, with modifications depending on the size of the delinquent amount, the service involved, and type of business. (Ord. 905 § 1 (part), 2011).

13.04.450 Termination notice—Form and service.

(a) Prior to termination of a customer’s water utility service for nonpayment, notice shall be given to the customer substantially in the following format:

NOTICE

Your City water service will be terminated unless all amounts not disputed are paid within seven (7) calendar days of the date of this notice.

If you dispute any amounts due, you may request, in writing, an informal hearing with the City Clerk-Treasurer. The request may be personally delivered or mailed to: City of Connell, City Clerk-Treasurer, P.O. Box 1200, Connell, WA 99326. City Hall, located at 104 E. Adams St. is open every business day from 9:00 a.m. to 5:00 p.m.

To avoid service termination, your request for a hearing must be received by the City Clerk-Treasurer within seven (7) calendar days. Further, you may be eligible to enter into a deferred payment agreement to pay off any amount that is delinquent by phoning or writing the above-stated telephone number or address.

CITY OF CONNELL

(b) Said notice may be mailed, personally delivered, given orally or left or posted at the service address as shown in the files of the utility department. The notices shall be given no more than fifteen calendar days nor less than seven calendar days prior to termination of water services.

(c) Where the city clerk-treasurer has reason to believe that a termination of water service will affect more than one dwelling unit at a given service address, a reasonable effort to give said notice to each dwelling unit served shall also be made. Such efforts may include the above methods and/or posting written notice conspicuously at one or more places on the premises.

(d) Nothing herein shall require such notice to be given in cases of consent, vacant premises, emergency, or as may be required for repairs at the direction of the director. (Ord. 905 § 1 (part), 2011).

13.04.460 Appeals process—Potential termination of service.

A water customer has a right to an appeal of a potential termination of service during the notice of termination period which shall be no less than seven calendar days following the delivery of the disconnect notice. Customers shall utilize the following procedures to exercise the appeals process:

(a) The customer must provide the clerk-treasurer a written appeal within seven calendar days from the date of the notice of termination of service. The notice of appeal will be accepted by personal delivery or mail, and shall be addressed to the Clerk-Treasurer, City of Connell, P.O. Box 663, Connell, WA, 99326.

(b) The appeal must contain a statement of both the decision to be reviewed, the relief requested by the customer, and the appropriate customer contact information, for purposes of communications for the appeals process.

(c) Upon the city’s receipt of an appeal, the customer will be contacted by the clerk-treasurer, or designee, and an informal conference will be held. The customer must be available to attend the informal conference by telephone or in person at the discretion of the city no later than two business days after the city’s receipt of the appeal. The appeals process will be concluded if the issue is resolved to the satisfaction of the customer and the city.

(d) Any unresolved appeal shall be forwarded to the city administrator, or designee, for an appeals hearing with the customer. The hearing will be set at the conclusion of the informal conference and the customer shall receive written notice of the date, time, and location of the appeals hearing. To avoid abuse of the appeals hearing process, failure of the customer to appear at the hearing may result in a fee established by the city’s fee resolution to be added to the customer’s account at the city’s discretion.

(e) A written determination of the city’s decision following the appeals hearing will be mailed to the customer. The customer will be considered to have received the city’s written determination three business days after the date of postage.

(f) A customer’s noncompliance with the steps required in the appeals process shall remove the customer from the process and subject the customer to termination of service without further notice and without further appeal opportunity for the same issue.

(g) Upon receipt of a completed written appeal in compliance with this section, city action relating to the issue at appeal shall be stayed until the conclusion of the appeals process, or at the end of three business days after the city’s written determination is considered received by the customer. Customer account matters not relating to the appeal will not be part of the stay, and will continue to be the customer’s responsibility as stated in this code and applicable city policies and procedures. (Ord. 905 § 1 (part), 2011).

13.04.470 Delayed termination—Deferred payment agreement.

(a) In case of account balances aged forty-five days or less, a water customer may request a deferred payment agreement with the city so that termination of water service may be delayed. This privilege shall not be extended to customers who have defaulted on a previous such agreement within the past twelve months. Such agreements shall be administered by the city clerk-treasurer. To avoid misunderstandings the clerk-treasurer may require all dealings on an account be with one authorized person. Such person may be required to furnish written proof of authorization.

(b) In establishing the terms of the deferred payment agreements, including but not limited to a determination of what portion of the delinquency the customer shall pay each billing period, the clerk-treasurer shall take into account whether the account is residential or commercial, the size of the delinquency, the customer’s ability to pay, the customer’s payment history, the time the debt has been outstanding, the reasons for its accrual, whether the customer has recently suffered a serious illness or disability or is then seriously ill, and any other relevant factors concerning the circumstances of the customer. (Ord. 905 § 1 (part), 2011).

13.04.480 Additional termination exemptions.

Exemptions to termination may be granted where the clerk-treasurer determines the following circumstances exist:

(a) During winter months when a danger of freezing and adverse weather conditions exist and the health and safety of the recipients may be jeopardized;

(b) Serious health problems or contagious diseases in the home. (Ord. 905 § 1 (part), 2011).

13.04.490 Accrued delinquent payments—Notice to new occupants.

Any such previous owner or occupant, as provided in Section 13.04.430(b), who fails to pay charges regularly listed upon the city utility billings without making adequate provisions for the payment thereof acceptable to the city shall be liable in an action brought for the amount of the accrued delinquency plus statutory attorneys’ fees and costs of collection. Such action may be brought by the city of Connell or the person making payment therefor. (Ord. 905 § 1 (part), 2011).

13.04.500 Main extensions—When required.

A main extension shall be required whenever more than one residence shall be provided service, and the premises to be served does not abut a water main, or the existing water main is not adequate to provide the necessary water pressure. (Ord. 905 § 1 (part), 2011).

13.04.510 Main extensions—Application submittal and review.

(a) The person desiring a main extension shall apply to the director requesting permission to extend the city’s water system.

(b) The director shall review the application, and if the requested extension is determined to be a proper extension of the water system, shall provide the applicant with the design requirements for the extension.

(c) If the requested main extension is determined to be an improper extension of the water system, the application shall be denied. (Ord. 905 § 1 (part), 2011).

13.04.520 Plans and specifications—Requirements.

Upon receipt of the design requirements from the department, the applicant shall cause plans and specifications for the extension to be prepared. All design and construction plans and specifications shall be in accordance with the standards referenced in Section 13.02.010 for private construction of public facilities adopted by the department. The completed plans and specifications, having a valid professional engineer’s seal and endorsement, shall be submitted to the department for review and approval. (Ord. 905 § 1 (part), 2011).

13.04.530 Construction specifications.

(a) Main extensions may be made by private contractor, through approval of the director.

(b) Any main extension done other than by the department’s personnel shall be done by a licensed and bonded contractor of the state of Washington.

(d) All main extensions must be on the city’s frontage of the applicant’s premises and other public rights-of-way. (Ord. 905 § 1 (part), 2011).

13.04.540 Acceptance of installation—Connection conditions.

(a) The city reserves the right to reject any installation not inspected and approved by the department.

(b) Upon satisfactory completion of all required tests and acceptance of the main extension, the department shall cause the extension to be connected to the city system. All costs incurred in such connection(s), including overhead and administrative charges, shall be the responsibility of the applicant.

(c) No main extension shall be charged other than for test purposes by duly authorized personnel until the main extension has been accepted by the city and all fees and charges have been paid. (Ord. 905 § 1 (part), 2011).

13.04.550 Construction drawings required.

(a) Upon completion of a main extension, the applicant shall provide the department with reproducible Mylar drawing that accurately indicates the main extension and appurtenances as actually installed in plan and profile.

(b) No main extension will be accepted until satisfactory as-built drawings are provided. (Ord. 905 § 1 (part), 2011).

13.04.560 Main extensions deeded to city.

The permit holder shall provide the city with a deed of conveyance for all main extensions. (Ord. 905 § 1 (part), 2011).

13.04.570 Temporary mains and main extensions.

No temporary main shall be permitted to be installed as a part of the city’s water system. (Ord. 905 § 1 (part), 2011).

13.04.580 Wasting water prohibited.

Water customers and owners of premises receiving water service from the water system of the city of Connell shall be responsible for maintaining all piping, fixtures and appurtenances on the customer’s side of the meter in a satisfactory state of repair so that no water will be wasted. When it is found that water is being wasted on a premises because of faulty or leaky piping, fixtures or appurtenances, or for any other reason, the water customer shall be notified of the wastage by the Connell public works department and instructed to take corrective action. If the customer should fail or refuse to comply with the notice, the water to the premises may be shut off until proper corrective action has been taken, and a penalty charge established by the city’s fee resolution shall be assessed against the premises and shall be paid before water service is restored. The appeals process set forth in Section 13.04.460 shall apply to a shutoff pursuant to this section. The penalty charge shall be considered a part of the water billing for the premises and shall be added thereto. In lieu of the above remedy, the director shall have authority when deemed necessary to go upon the premises and make or cause to be made such changes, alterations or repairs as necessary to prevent the wasting of water and charge the cost and expense of same against the premises, which charge if unpaid shall become a lien against the premises. (Ord. 905 § 1 (part), 2011).

13.04.590 Violations—Penalties.

In addition to any civil remedies, including but not necessarily limited to injunctive relief, and except in cases where a different penalty is prescribed by this chapter, the failure to perform any act required or the performance of any act prohibited by this chapter is designated as a civil infraction, and any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty, which penalty may not exceed one thousand dollars for each offense. Each day during which violation continues shall be deemed a separate offense and separate penalties may be assessed for each separate offense. (Ord. 905 § 1 (part), 2011).