Chapter 13.16


13.16.010    Title.

13.16.020    Applicability.

13.16.030    Point of delivery.

13.16.040    Discontinuance – Liability for payment.

13.16.050    Charges – Lien on property when.

13.16.060    Right of access.

13.16.070    Repealed.

13.16.080    State standards adopted.

13.16.090    State electrical code adopted by reference.

13.16.100    Residential and commercial use defined.

13.16.110    Inspections – Notification.

13.16.120    Meter – Location – Charge.

13.16.130    Town nonliability.

13.16.140    Damaging town property prohibited.

13.16.150    Billing – Delinquency – Penalty – Shutoff – Reconnection.

13.16.160    Deposit – Required when – Refund.

13.16.170    Resale prohibited.

*For statutory provisions on town electric systems, see RCW 35.84.010 et seq.

13.16.010 Title.

This chapter shall be known and may be cited or referred to, as the electrical code of the town. (Ord. 74-16 § 1, 1974).

13.16.020 Applicability.

The town will sell electrical energy when and as available, for both domestic and commercial use and both within and outside of the corporate limits of the town, upon the terms and subject to the conditions as set forth in this chapter. (Ord. 74-16 § 2, 1974).

13.16.030 Point of delivery.

The point of delivery is the point on the consumer’s premises, as designated by the town, where electrical current is to be delivered to the building or premises without regard to the town’s meter, transformer or other apparatus. All wiring and equipment beyond point of delivery shall be installed and maintained by the consumer. It is designated that the delivery point shall be to the weatherhead. All meters provided remain the property of the town. (Ord. 74-16 § 4, 1974).

13.16.040 Discontinuance – Liability for payment.

Electrical energy service may be discontinued at any time upon application of the consumer, or by the town because of the failure of a consumer to pay the charges for the service rendered or for violation by a consumer of any of the provisions of this chapter. Discontinuance of service shall not relieve the consumer from his liability to pay any charges accrued. (Ord. 74-16 § 6, 1974).

13.16.050 Charges – Lien on property when.

Any unpaid service charges for electrical energy distributed by the town shall be and constitute a lien upon the property where the electrical energy is distributed, which lien shall be foreclosed by the town in the event of nonpayment of service charges, and which lien shall include any and all court costs incurred in such foreclosure action. (Ord. 74-16 § 7, 1974).

13.16.060 Right of access.

Meters are to be installed at some convenient place on the consumer’s property where they are readily accessible for inspection or service. The town’s identified employees shall have the full right of access to the consumer’s property at all reasonable times for the purpose of reading meters, inspecting wiring and devices, or testing, repairing, removing or exchanging any and all equipment belonging to the town. (Ord. 74-16 § 8, 1974).

13.16.070 Reconnection – Charge – Conditions.

Repealed by Ord. 99-26. (Ord. 88-11 § 1, 1988; Ord. 74-16 § 9, 1974).

13.16.080 State standards adopted.

The standards of methods and materials as set forth in and required by the state of Washington in its electrical code, being Chapter 19.28 RCW, shall be the standards hereafter to be followed and enforced in the town. The town clerk shall procure and keep on file the Revised Code of Washington, which shall be open for inspection and reference purposes by the public. (Ord. 74-16 § 10, 1974).

13.16.090 State electrical code adopted by reference.

The standards of methods and materials as set forth in and required by the state of Washington in its electrical code, as aforesaid, shall be the standards hereafter to be followed and enforced in the town, and the state of Washington electrical code, being Chapter 19.28 RCW, be and the same is adopted as the electrical code of the town, and is incorporated herein by reference as if fully set forth. (Ord. 74-16 § 11, 1974).

13.16.100 Residential and commercial use defined.

Electrical energy furnished by the town for noncommercial, nonindustrial use shall constitute residential use. Electrical energy furnished by the town for nonresidential, nonindustrial use but for profit or income in business shall constitute commercial use. (Ord. 74-16 § 12, 1974).

13.16.110 Inspections – Notification.

All electrical installation work shall be subject to inspection by the town and by the designated representative of the state of Washington at the time such work is being done and must be approved before electrical energy will be furnished thereto. Inspections shall be made by and under the supervision of the town’s general superintendent and the designated representative of the state of Washington. It shall be the duty of the owner or his electrical contractor or general contractor to notify the town and the designated representative of the state of Washington of the completion of the electrical work and to call for inspections. (Ord. 74-16 § 13, 1974).

13.16.120 Meter – Location – Charge.

There will be a monthly charge of $0.50 for each meter located upon a consumer’s premises which is not located according to the standards of the state of Washington electrical code with reference to distance from ground, outside walls and access. The $0.50 charge will be in addition to the minimum service charge and electrical energy charge and shall not be required at such time as the consumer complies with the state of Washington electrical code, as cited in this chapter. (Ord. 74-16 § 15, 1974).

13.16.130 Town nonliability.

The town shall not be liable for any damage to or which occurs on private property served with electrical energy by the town which results from defective or improper wiring or appliances not installed by the town; and the fact that agents of the town may have inspected such wiring or appliances shall not operate to make the town liable for only such damage. (Ord. 74-16 § 16, 1974).

13.16.140 Damaging town property prohibited.

It is unlawful for any person to in any manner interfere, change, injure, mutilate, destroy, remove, disconnect or in any way interfere or tamper with any of the poles, wires, meters, ducts, meter seals, structures, cables, machinery or other equipment and appliances belonging to the town or in any way connected with the electrical distribution system of the town. (Ord. 74-16 § 17, 1974).

13.16.150 Billing – Delinquency – Penalty – Shutoff – Reconnection.

A. All utility bills are due and payable when mailed.

B. All bills become delinquent if not paid within 25 days after date of billing; if unpaid, the town may impose a late payment fee.

C. Bills become subject to shutoff if not paid within 25 days from the billing date.

1. The town may make written demand to such consumer to either pay such fees or cease such violation, as the case may be, and may shut off service to the premises at any time after five days following delivery of such demand, if the late payment fee has not been paid or the violation is not ceased.

2. Discontinuance of service shall not occur earlier than five days after written notice of the discontinuance date has been deposited in the mail addressed to the consumer, and not earlier than 24 hours after an additional written notice has been posted at the front door of the premises.

D. When service has been shut off, reconnection will be made only after payment of all back charges for service rendered to said premises, and correction of any other violation of this chapter and payment of the reconnection fee established by the town.

E. Unauthorized reconnection by persons other than town employees, without express written consent of the mayor or public works director, shall result in an additional tampering charge.

F. Fees for late payment, reconnection, and tampering may be set by resolution adopted by the town council, which may be amended from time to time as deemed necessary. (Ord. 99-26 § 3, 1999)

13.16.160 Deposit – Required when – Refund.

Any applicant for service of electrical energy who is not the fee owner of the premises to be served shall pay a deposit as set forth under EMC 13.18.010. The deposit shall be held by the town and refunded to the applicant either upon the voluntary discontinuance of service by the consumer, or upon proof to the town that such consumer has since become the legal fee owner of the premises. In the event any such person vacates the premises leaving unpaid charges for electric service, the town shall apply such deposit to the payment of such charges and refund any portion thereof remaining unused. No deposit will be charged in the event the owner of the premises shall in writing assume the responsibility for payments of any unpaid charges for electric service. (Ord. 91-20 § 2, 1991; Ord. 90-16 § 2, 1990; Ord. 74-16 § 19, 1974).

13.16.170 Resale prohibited.

It is unlawful for any person to resell electrical energy received from the town. (Ord. 74-16 § 20, 1974).