Chapter 13.04


13.04.010    Definitions.

13.04.020    Water distribution manager.

13.04.030    Application for water service.

13.04.040    New services outside the corporate limits of the town.

13.04.050    Service installation fee.

13.04.060    Turn-on/turn-off.

13.04.070    Standby.

13.04.080    Meter reading, excess consumption charge.

13.04.090    Fee schedule.

13.04.100    Payment of fees.

13.04.110    Shut-off for nonpayment.

13.04.120    Dormant/abandoned services.

13.04.130    Payment responsibility.

13.04.140    Repair payment responsibility.

13.04.150    Interruption of water service.

13.04.160    Installation or renewal of plumbing.

13.04.170    Cross connections.

13.04.180    Cross connection control program.

13.04.190    Customer shut-off valves.

13.04.200    Damaging meter box.

13.04.210    Disconnection of service – Condemned buildings.

13.04.220    Unauthorized use of water.

13.04.230    Rates – Special contracts.

13.04.240    Multiple premises served by single meter.

13.04.250    Sampling and testing.

13.04.260    Right of inspection.

13.04.270    Water pressure.

13.04.280    Water usage restrictions.

13.04.290    Violation.

13.04.300    Disconnection.

13.04.310    Notice and order and civil penalties.

13.04.320    Misdemeanor.

13.04.010 Definitions.

Business. The term “business” includes all services and activities engaged in with the object of pecuniary gain, benefit or advantage to the person, or to another person or class, directly or indirectly, whether part-time or full-time.

“Business use” is defined as conduct of any business activity that exceeds in scope or nature the definition of “cottage industry” below. Premises deemed by this chapter to be business users include hotels, motels, boarding houses, non-owner-occupied Air BnBs, non-owner-occupied bed and breakfasts, vacation and other short-term rentals with tenant occupancies less than six (6) months, restaurants, establishments serving alcohol, grocery and other mercantile operations conducting on-premises retail sales, establishments offering meeting, educational, wedding, convention, and other group activities, and businesses offering tourist and recreational guide services, facilities, and activities. For the purposes of this chapter, the term “business use” also applies to nonresidential noncommercial facilities including schools, community centers, museums, and fire stations.

“Cottage industry,” sometimes referred to as “home occupation,” is defined as any business, profession, occupation or trade carried out for gain by a resident and conducted as a customary, incidental, and accessory use on the residential property. The activity is secondary to the residential use of the structure and does not substantially alter the residential appearance or character.

Fire Protection Service. A “fire protection service” is a separate connection to the town water supply system used solely to furnish water to fire sprinklers and standpipes in the event of fire.

Premises. A premise is (premises are) any of the following:

(1) A single-family residence.

(2) An accessory dwelling or “mother-in-law unit” on the same tax parcel as a single-family dwelling whether or not contained in the primary single-family dwelling or in a detached accessory structure or mobile unit on the same tax parcel as the primary single-family residence.

(3) Each individual dwelling unit of a duplex or multi-unit residential or mixed-use structure or complex, distinguished by having its own separate kitchen and toilet facilities.

(4) Any business use of a premises otherwise occupied as a single-family or multi-unit residence. A business use as here described shall be considered a separate, additional service for billing purposes.

(5) Any separate tax parcel served by water that does not contain a residence, dwelling unit, or business premises as described above. (Ord. 470, 2018).

13.04.020 Water distribution manager.

The duties of the office of water distribution manager of the town, referred to as the manager in this chapter, shall be filled by such person as is appointed by the mayor. The manager shall serve at the pleasure of the mayor. The manager shall be responsible for maintaining proper operation of the water system of the town, periodically monitoring the water supply to ensure it is free of pollution, and following rules and regulations set by governing regulatory authorities. The manager shall be trained, certified and appointed in accordance with Chapter 70.119 RCW and shall acquire and maintain such certifications as required by law. (Ord. 470 § 1, 2018).

13.04.030 Application for water service.

(A) All water services now in use and all applications for connections to town water within the corporate limits of the town shall be registered on forms furnished by the town and signed by the owner or duly authorized agent of the property to be served. Applications for new or upgraded services shall contain the description of property, size and description of the improvements to be served, the purpose for which water is to be used, and other information deemed to be necessary by the town. Applications, with a service application fee as set by resolution, will be submitted to the clerk/treasurer, reviewed by the manager and forwarded with recommendations for approval/denial to the town council for action. The decision to approve or deny service applications shall rest with the town council.

(B) If the application for water service is approved by the town, the owner will have one (1) calendar year from the date of approval to complete the installation. If the installation is not completed within the allotted time the application shall be considered abandoned. (Ord. 470 § 2, 2018).

13.04.040 New services outside the corporate limits of the town.

(A) The town, by council decision, shall have the sole prerogative to grant or deny for any reason requested extensions to its water system. New water services beyond the current limits of the water distribution system may be approved by decision of the Index town council; provided, that all the following conditions are met:

(1) A capacity study by a qualified professional shows that present and expected future water needs of current town of Index customers will not be adversely impacted by an increase in service area.

(2) An engineering study by a qualified professional shows that mains serving the proposed addition are adequately sized to serve both existing and proposed new requirements.

(3) An approved design for proposed improvements is prepared and furnished to the town.

(4) All necessary right-of-way easements can be obtained.

(5) The proposed extension of service area does not conflict with the town of Index comprehensive plan or other applicable planning documents or policies.

(B) Extensions to the system shall be brought to the applicant’s property line most distant from the end of the existing system.

(C) The extension to the system shall be designed and sized to accommodate one (1) residential service per legal lot along its length including the next most distant lot immediately past its end.

(D) Upon receipt of a bona fide application to extend its water system beyond current boundaries the Index town council shall review the request and issue a decision as to whether or not the application is approved pending satisfactory investigation and/or completion of design and permitting requirements set forth in subsection (A) of this section. The application process shall then pass back to the applicant who shall have one (1) calendar year to complete the requirements in subsection (A) of this section at his or her sole risk and expense and submit the results, together with an application fee as set by resolution, to the manager.

(E) If submitted design and permitting requirements have been acceptably met, the process may move to the construction phase. The applicant will have the responsibility to select and retain a contractor acceptable to the town, who shall construct the improvements at the applicant’s sole risk and expense. Upon acceptance of the work as satisfactory and complete, ownership of the improvements, up to and including the meter at the customer’s property line, shall pass to the town.

(F) In the event multiple applicants are served by an extension to the town water system all costs including those for design, permitting, and construction shall be shared equally between them. Property owners whose property lies within a new service area who do not originally participate in equal part in the costs thereof shall be liable for latecomer fees in the amount of their pro rata share of cost of improvements if they elect to hook up to town water at a later date; provided, that any such latecomer fees are imposed pursuant to a latecomer agreement as authorized by Chapter 35.91 RCW. Such latecomer fees shall be distributed to those property owners who originally participated in and paid for the project.

(G) In addition to other costs each new customer connected to town water, whether at the time of construction or as a latecomer, shall also be charged a new service hook-up fee as set by resolution. All fees due the town under this section shall be due and payable before services to the customer(s) are turned on. (Ord. 470 § 3, 2018).

13.04.050 Service installation fee.

(A) The town, or a contractor acceptable to the town, shall install all future water meters and service connections within the existing service area, from the public water main to the private property line.

(B) A service installation fee shall be charged equal to the actual cost of labor, materials and equipment, plus ten percent (10%) as well as a new service hook-up fee of an amount set forth in the rate resolution, per service installed.

(C) Upon approval by the manager and town council of an application for water service, the manager shall make an estimate of the service installation fee. The amount of this fee shall be reviewed by the mayor. The applicant may propose that an alternate contractor be used to make the installation; however, the town has the sole prerogative to accept or deny any such alternative proposal.

(D) Before work commences, the applicant shall deposit with the town an amount equal to the estimated installation fee. If this deposit exceeds the actual installation fee, the town shall refund the excess to the applicant. If the actual installation fee exceeds the deposit, the applicant will be billed for the difference, which shall be payable prior to water being furnished through the new service. (Ord. 470 § 4, 2018).

13.04.060 Turn-on/turn-off.

Water may be turned off or on at a meter only by the manager or other duly authorized representative of the town. The turning on or off by the town of water at a customer’s meter shall be subject to a service charge to be set by resolution. This service charge shall be waived whenever the water is turned on or off at the owner’s request; provided, that:

(A) There are no delinquent payments owing for water service from the meter.

(B) The water turn-on/turn-off can be accomplished at the convenience of the water distribution manager.

(C) The turn-on/turn-off fee for a meter may not be waived more than twice in any calendar year. (Ord. 470 § 5, 2018).

13.04.070 Standby.

Customers of the town, not occupying or using a premises served water, may request the water be temporarily shut off and their account moved to standby status. Customers requesting standby status shall agree in writing that the premises shall not be occupied during the standby period and that no water shall be consumed on the premises during that time. Customers on standby status shall be charged the standby rate as set by resolution. (Ord. 470 § 6, 2018).

13.04.080 Meter reading, excess consumption charge.

Meters serving business premises shall be read on a monthly basis or as schedules and conditions allow. An excess charge for consumption shall be charged business premises as set by resolution. (Ord. 470 § 7, 2018).

13.04.090 Fee schedule.

A fee schedule is established as specified in this section. The rates and fees set by this section shall be set forth and updated as necessary by resolution passed by the town council. All fees received by the town for water service shall be deposited into the water revenue fund except fees earmarked towards capital improvement and repair, which shall be deposited into the water capital fund. The town clerk shall collect and receipt for these fees, and make out financial statements that shall be reviewed periodically by the town council. Water service fees shall be charged on a monthly basis, beginning with the first day of each month and ending with the last. To facilitate bookkeeping, the town clerk may combine the monthly water bill with other bills.

Water fees, the amounts of which shall be set by resolution, are as follows:

(A) Water turn-on/turn-off fee.

(B) In-town residential, monthly – residential premises located within the town limits.

(C) Out-of-town residential, monthly – residential premises located outside the town limits.

(D) Business use premises, monthly – business use as defined by this chapter.

(E) Services greater than one (1) inch diameter – by negotiated agreement approved by council action.

(F) Fire protection services, monthly.

(G) In-town new service hook-up fee.

(H) Out-of-town new service hook-up fee.

(I) Bulk sales – by council approval of negotiated agreement.

(J) Temporary sale through hydrant.

(K) Administrative fee – thirty (30) day arrears processing fee.

(L) Late fee – sixty (60) day arrears processing fee.

(M) Community garden – annual rate paid by garden users.

(N) Standby fee, monthly.

(O) Excess consumption charge per gallon and/or cubic foot.

(P) NSF check fee.

(Q) Interest rate. (Ord. 470 § 8, 2018).

13.04.100 Payment of fees.

(A) Charges for water service shall be payable at the office of the Town Hall, 511 Avenue A, or at such place or places designated by the mayor, or mailed to Town of Index, P.O. Box 88, Index, Washington, 98256.

(B) Charges for residential services and standby fees shall accrue on the first day of a given month of service, and if unpaid during the course of that month shall be considered delinquent on the first day of the following month. Accounts thirty (30) days in arrears, measured from the last day of the month of service, shall be sent a notice and assessed an administrative fee as set by resolution. Accounts sixty (60) days in arrears, measured from the last day of the month of service, shall be sent a second notice and assessed an additional late fee as set by resolution. Accounts in arrears ninety (90) or more days shall be subject to shut-off for nonpayment.

(C) Charges for business or other metered services and for fire protection services shall accrue on the first day of the month following the month of service, and shall become delinquent if unpaid within thirty (30) days of the date of billing. Accounts in arrears thirty (30) days past the billing date shall be sent a notice and assessed an administrative fee as set by resolution. Accounts in arrears sixty (60) days past the billing date shall be sent a second notice and assessed an additional late fee as set by resolution. Accounts ninety (90) or more days in arrears shall be subject to shut-off for nonpayment.

(D) Administrative fees and late fees shall become due and payable at the time they are assessed and shall be considered to be delinquent on the same schedule as the underlying charge to which they are attached.

(E) Turn-on and turn-off fees shall become due and payable at the time they are assessed and shall be considered to be delinquent thirty (30) days past that date.

(F) Payments received by the town that are insufficient to pay in full the amount owing shall be applied to the oldest charges first.

(G) The mayor or water commissioner may elect to employ any other legal remedy to collect delinquent charges, including but not limited to placing a lien upon the customer’s property.

(H) Accounts for which payments have been returned by the bank as NSF shall be assessed an NSF check fee as set by resolution.

(I) Services which have been disconnected for nonpayment shall be charged interest on the full amount of arrears at a rate set by resolution.

(J) Cash Payments. Payments made with cash should be presented directly to the clerk and not mailed or dropped in the door box at Town Hall. The town will not be responsible for cash payments until a receipt has been prepared and presented by the clerk. (Ord. 470 § 9, 2018).

13.04.110 Shut-off for nonpayment.

(A) The protocol for the shut-off for nonpayment of water service shall conform to the requirements for disconnection of utilities set forth in WAC 480-110-355 as presently written or as amended.

(B) The specific protocol for shut-offs shall be updated as necessary and kept on file as an aid to customers and employees of the town. (Ord. 470 § 10, 2018).

13.04.120 Dormant/abandoned services.

Services shut off for nonpayment shall be deemed to have been abandoned by the customer after a period of one (1) calendar year has elapsed from date of shut-off without the amounts owing on the account having paid. New monthly charges shall cease to accrue on that date; however, amounts previously owing and in arrears shall be charged as a lien against the property served. A written notice informing the owner of this impending action shall be sent to the address of record for the property owner with the county assessor’s office. The letter shall grant the owner a thirty (30) day grace period to bring the account current by paying the full amount in arrears. If the thirty (30) day grace period expires without full payment having been made, the service will be considered abandoned by the town and the owner shall be sent a letter to that effect. Any subsequent request by the property owner to have service reconnected shall be treated as a request for new service as provided for in this chapter. (Ord. 470 § 11, 2018).

13.04.130 Payment responsibility.

All water accounts shall be kept in the name of the owner of the premises to which water is served. The owner shall be held responsible for water charges accruing at the premises, and all unpaid water charges and assessments shall be a claim in lien against the premises served, as provided by RCW 35.21.290. This does not preclude the town’s accepting water service payments from tenants of rental properties or other third parties. (Ord. 470 § 12, 2018).

13.04.140 Repair payment responsibility.

The town will maintain water lines belonging to the town. The town, upon town council action, can prorate the costs of repairs of any section of water line, including service lines between main and meter, to all services upon that water line. (Ord. 470 § 13, 2018).

13.04.150 Interruption of water service.

The town reserves unto itself the right in case of emergency to shut off the water supply in the mains or service pipes at any time and without notice; and in all other cases, upon twenty-four (24) hours’ notice by posting the same at Town Hall. The town shall not be liable for any damage to person or property resulting from turning off, turning on, interruption, change or failure of the water supply. (Ord. 470 § 14, 2018).

13.04.160 Installation or renewal of plumbing.

All installation or renewal of service piping, valves, fixtures, or appliances using water from the town’s water supply system shall be done in compliance with the most current edition of applicable codes adopted by the town at the time of work. The town shall have the right to refuse or disconnect water service in any situation where it is discovered that applicable standards have not been complied with in making an installation. (Ord. 470 § 15, 2018).

13.04.170 Cross connections.

The installation or maintenance of a cross connection which will endanger the water quality of the fresh water supply of the town is prohibited. Any such cross connection now existing or hereafter installed is a nuisance and shall be abated immediately. The control or elimination of cross connections shall be in accordance with current regulations published by the Washington State Department of Health or by other agencies having jurisdiction. The town may disconnect water to any premises without prior notice for failure to comply with the provisions of this section until corrections acceptable to the manager have been made. (Ord. 470 § 16, 2018).

13.04.180 Cross connection control program.

The manager, under the direction of the mayor, is authorized and directed to adopt, update, and implement a cross connection control program. This program shall describe operating policies and technical provisions that comply with WAC 246-290-490, Cross-connection control. Corrective action to ensure compliance with the plan shall be consistent with Section 13.04.170, Cross connections. A copy of the program shall be available at the town clerk’s office for public inspection. Notice of amendments to the program shall be publicly posted for a two (2) week period at the time of adoption. (Ord. 470 § 17, 2018).

13.04.190 Customer shut-off valves.

Shut-off valves of approved full-flow pattern with key or hand wheel shall be installed in the water service pipe leading from the town meter box to the building or premises in accordance with the applicable plumbing code. Shut-off valves not within the building shall be properly enclosed in a minimum six (6) inch diameter pipe or box of concrete, plastic or iron with an approved cover, protected from freezing and readily accessible. No outlet shall be connected to the service extension pipe between the meter box and the customer’s shut-off valve. It is the responsibility of the property owner to keep the location of the town meter box and meter visible and to not permanently block access. (Ord. 470 § 18, 2018).

13.04.200 Damaging meter box.

It is the responsibility of the property owner to keep their meter and meter box free from damage. In the event that a meter box, meter, or service line is damaged and it is determined that reasonable precautions would have avoided damage to the meter, the owner shall then be held responsible for the cost of replacement or repair and a charge made against the service. (Ord. 470 § 19, 2018).

13.04.210 Disconnection of service – Condemned buildings.

Whenever premises supplied with water have been found by the proper authorities to be dangerous to human life or unfit for human habitation, and notice of such finding has been received by the town from said authorities, the town may turn off the water service to such premises. 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. 470 § 20, 2018).

13.04.220 Unauthorized use of water.

No water customer shall allow water furnished by the town to be taken from their premises by means of pipes, hoses, conduits, gate valves or other appurtenances in order to provide water service to another premises, residence, commercial firm or enterprise, or agency without the express permission of the manager. If conditions exist that warrant such use of town water, it shall be deemed temporary only and not binding upon the town to continue such water service beyond a period to be set at the time the request is made, not to exceed thirty (30) days. Any unauthorized use of water that violates the conditions of this section shall be a violation of this chapter and shall be subject to fines and penalties as stated elsewhere in this chapter. (Ord. 470 § 21, 2018).

13.04.230 Rates – Special contracts.

(A) The manager, with the approval of the town council, shall have the right to enter into contracts for periods of up to ten (10) years where service conditions are extraordinary; provided, that such contracts shall contain an appropriate provision for review, revision or reenactment of the rates therein contained by the council at intervals not exceeding one (1) year. Such contract shall not provide for the sale of water at less than the minimum rate charged for water service customers residing within the corporate limits of the town. All rules and regulations referring to the management of the water department effective inside the town limits shall apply equally outside the town limits.

(B) The manager shall have the authority to sell water obtained through a hydrant for temporary special use not exceeding thirty (30) days by a contractor or outside agency. The manager may also deny a request for such use where the use or quantity desired would in the opinion of the manager negatively impact service to regular customers. Water sold by the town subject to this subsection shall be charged for as provided in the rate resolution currently in effect. (Ord. 470 § 22, 2018).

13.04.240 Multiple premises served by single meter.

(A) Where two (2) or more premises are served through a single meter, each shall be considered separate premises and be billed as such at the applicable rate.

(B) In the event that circumstances, regulations, or modifications to this chapter require the reading of meters, each premises served by a multiple-premises meter shall be deemed to have consumed an amount of water equal to the total metered consumption measured through the meter in question divided by the number of premises connected to that meter.

(C) Payments received for a water service, which is part of multiple premises on a single meter, shall be applied equally to all services on that meter.

(D) If the provisions of this chapter dictate the shut-off at the meter of any premises connected to a multiple-premises meter, all premises served through that meter will be concurrently shut off.

(E) For all new construction and new services approved under this chapter, all individual premises shall be separately served through their own meter and shut-off. (Ord. 470 § 23, 2018).

13.04.250 Sampling and testing.

Protection of the public health mandates that the manager or his/her duly authorized representative periodically inspect the town water system. Regular, periodic sampling shall be undertaken as required by outside regulatory bodies. The required number of samples per month shall be sent to an approved laboratory for analysis to ensure the quality, purity and potability of town water. One (1) yearly complete inorganic chemical analysis shall also be performed. The manager may from time to time perform additional tests and/or promulgate, publish and enforce such rules and regulations deemed necessary to keep the municipal fresh water supply free from pollution. (Ord. 470 § 24, 2018).

13.04.260 Right of inspection.

(A) Whenever a water customer is found to have neglected pipes, faucets, toilets or other fixtures which are leaking or defective and when such conditions may imperil the town water system and/or the proper delivery of water pressure or quantity to the fire department or other customers the town shall direct the customer to correct such condition immediately. The customer shall be required to provide the town with adequate proof of correction. If the manager determines that it is necessary to inspect the customer’s plumbing system, the customer shall be so notified. The manager may inspect the customer’s plumbing system with the customer’s permission. It is preferred that the customer accompany the town official conducting the inspection. If this is not possible and permission is granted to enter the premises in the absence of the customer, a second party must accompany the manager to verify the validity of the correction. An inspection report, signed by the inspector(s), shall be posted at the property. A second copy shall be mailed to the customer’s address of record.

(B) If the customer refuses to allow inspection, the town shall seek appropriate legal redress to ensure compliance with this section. In the event that the customer is not available to grant permission for the town to inspect the customer’s plumbing, or if the customer refuses to consent to an inspection, the town has the right to shut off the service at the premises’ meter. In the event that water is shut off the customer shall be notified by means of a notice posted on the property with a copy mailed to the customer’s address of record. Said notice shall inform of: the fact the water is off, the reason for the shut-off, corrective action required, and the contact information for getting the property inspected and the water turned back on. (Ord. 470 § 25, 2018).

13.04.270 Water pressure.

The town is unable to provide legally required water pressure in all areas of the town. For areas that receive insufficient water pressure, an applicant for water service will be required to install and maintain a booster pump on their side of the meter as a condition for receiving water service. Areas that are currently known to not have sufficient water pressure are the buildings built above grade level of Index Avenue, specifically, all of Blocks 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, and 48 of the official plat of the town of Index. (Ord. 470 § 26, 2018).

13.04.280 Water usage restrictions.

When drought, fire emergency, or other conditions make it advisable, the town reserves the right at any time to implement and enforce restrictions on water consumption. Such restrictions shall be promulgated by an order of the mayor and may be enforced as set forth in this chapter. These restrictions may include, but are not limited to, complete or partial prohibitions on lawn or garden watering, filling of hot tubs, pools, or landscaping water features, or other unnecessary or wasteful uses of water. (Ord. 470 § 27, 2018).

13.04.290 Violation.

It is a violation of this chapter to:

(A) Cause, permit, or use an unauthorized connection to the town water system; or

(B) Allow water furnished by the town to be taken from a premises by means of pipes, hoses, conduits, gate valves or other appurtenances in order to provide water service to another residence, commercial firm or enterprise, or agency without the express consent of the town; or

(C) Willfully injure, damage, tamper or interfere with any water meter, stopcock, connecting or service pipe, main or water pipes, hydrants, or any part whatsoever of the town waterworks or storage tank; or

(D) Trespass on any portion of the town waterworks properly posted against trespass; or

(E) Pollute in any manner the water supply of the town; or

(F) Use water in violation of water consumption restrictions after being properly notified; or

(G) Install or maintain a cross connection prohibited under the terms of this chapter. (Ord. 470 § 28, 2018).

13.04.300 Disconnection.

Where a violation involves theft of water, diversion of water to an unapproved premises, or potential or actual threat to the integrity of the system or to public health the town may, in addition to penalties set forth herein, and without prior notice, disconnect service until required corrections have been made, inspected, and approved. (Ord. 470 § 29, 2018).

13.04.310 Notice and order and civil penalties.

(A) Any person violating water regulations of the Index Municipal Code shall be subject to a penalty of up to one thousand dollars ($1,000) per day for each day of violation plus the full cost of any repairs necessitated by the violation. Continuing penalties may be assessed by the provision of additional notices of violation each day that a penalty continues and an opportunity for hearing. In addition to the actual penalty imposed, should the violation be affirmed on appeal, the town council shall assess to the appellant an amount for any documented enforcement costs incurred by the town in prosecuting the appeal before the town council. These costs shall include those expenses incurred in preparing the appeal, general clerical expenses, staff and council preparation time, site inspections, town attorney fees, and any other costs incurred by the town.

(B) The mayor or his or her designee shall determine the amount of the penalty assessed per day for each violation. Factors the mayor or his or her designee may consider in assessing the penalty include, but are not limited to, the severity of the violation, the person’s attempts to voluntarily comply with the notice and order, the person’s prior history of violations, and any other factor or circumstance the mayor or his or her designee deems relevant.

(C) The penalty imposed by this section may, in addition to other available remedies, be collected by civil action brought in the name of the town. The mayor shall notify the town attorney of the name of any person subject to the penalty, and the town attorney shall, with the assistance of the mayor, take appropriate action to collect the penalty. The town may alternatively engage a collection agency for the purpose of collecting any such penalty.

(D) The violator may show as full or partial mitigation of liability as determined by the mayor or his or her designee:

(1) That the violation giving rise to the action was caused by the willful act, neglect or abuse of another beyond the violator’s control; or

(2) That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition of the property or circumstance beyond the control of the violator.

(E) The notices and orders required by this section shall be hand delivered to the occupancy of the location of the violation and/or posted on the property subject to the violation as well as mailed to the address of the billing account and to the address of the owner of the property if different from the address of the billing account. The owner of the property and any occupant of the property responsible for the violation shall be jointly and severally liable for any penalties imposed and shall both be responsible for completing any specified corrective action in the notice and order. Every notice and order issued under this section shall be prepared by the manager or other mayoral designee and contain the following information:

(1) The code sections allegedly violated along with an explanation of the violation;

(2) The amount of penalties due and an explanation of how they were computed;

(3) The dates of violation;

(4) Any actions necessary for correction along with deadlines that provide a reasonable opportunity for correction to the extent consistent with the public interest; and

(5) The rights of appeal and instruction on when and where to file an appeal.

(F) The notices and orders of this section shall be appealable to the town council. Any such appeal must be filed with the town clerk within fourteen (14) calendar days of the date of issuance of the notice and order. The date of issuance shall be construed as the date of posting and/or delivery (whichever occurs first). Any deadlines set for corrective action required by the notice and order shall be suspended pending the resolution of the appeal; provided, that the manager may specify in the notice and order that the corrective action deadline will not be suspended during the appeal if the manager or other mayoral designee determines that any such suspension would be detrimental to public health, welfare and/or safety. (Ord. 470 § 30, 2018).

13.04.320 Misdemeanor.

In addition to any other administrative remedy provided in this chapter or by law or other ordinance, any person who willfully or knowingly violates any water regulation, or any order issued pursuant to this title, or by each act of commission or omission procures, aids or abets such violation, is guilty of a misdemeanor and upon conviction shall be punished as provided in RCW 9.92.030. Each day such violation continues shall be considered an additional misdemeanor offense. (Ord. 470 § 31, 2018).