Chapter 13.02 WATER SYSTEM

A. It is the intent of the city that all utility deliveries, whether water, sewer, garbage or some combination thereof, shall be deliveries of services and/or utilities to the property served. All such delivery of utilities and/or services shall be a claim against the property and a claim against the owner of that property served and/or furnished utilities and/or services. It shall be the responsibility of each property owner served by city utilities to determine the extent of utility services and deliveries being made and/or furnished to the owner’s property. It shall be the responsibility of the property owner to pay all claims, charges, penalties and/or costs imposed by the city for the furnishing and/or delivery of utilities and/or services to the owner’s property. The property owner’s responsibility shall exist independent of any claim of lien the city may have or make pursuant to any statute, rule or regulation. The fact the owner has directed or allowed the billings for utilities furnished and/or services delivered to the owner’s property to be delivered to a tenant or other third person does not in any way reduce or extinguish the property owner’s responsibility for water, sewer and/or garbage billings, charges, costs or penalties imposed by the city. All delinquent charges for water, sewer, garbage or some combination thereof shall bear interest at the maximum rate allowed by law.

B. All applications for service installations and for water service shall be made at the office of the city clerk-treasurer on printed forms furnished by the city and shall contain the name of the owner of the property, the name of the occupant, post office address, and, when possible, a description of the property, lot, block, addition, name of the street upon which the property fronts and the official street number, if there should be assigned a street number, to the premises as shown by the records of the city clerk-treasurer. The application must state fully all the purposes for which water may be required, the size of the service connection required, and include the signature of the applicant agreeing to conform to the rules and regulations of this chapter, and any future water ordinance as established by the city through the city council.

C. The applicant shall at the time of making application pay to the city clerk-treasurer the service connection fee required for making the installation of the service connection and the amount of deposit required to secure payment of charges for water service as provided in this chapter.

D. All applications for residential water service shall be made by the property owner of the property to be delivered water service, and responsibility for billing payment shall be borne by the property owner except as to tenant accounts as provided in this chapter. All charges for water service will be sent directly to the property mailing address unless the property owner directs otherwise in writing. No charge will be made for meter reading for closing accounts, except as provided in this chapter.

E. Applications for industrial and commercial water service may be made by the property owner, lessee or other consumer. However, a deposit, as determined by the city clerk, will be required of such account in lieu of the deposit required under Section 13.02.060.

F. The use of water from the Mattawa municipal water system without first making application therefor and obtaining a meter for the delivery of such water is the theft of public property and the city will prosecute any and all persons so doing to the fullest extent of the law.

(Ord. No. 549, § 2, 7-3-14).

13.02.020 Water rates.

A. Inside City Limits. The monthly rate charges for water from the city water system for all residential and commercial users serviced by meters inside the city limits shall be as set forth in Appendix W. For water used in excess of the above-stated minimums for each meter size for each calendar month, a charge per one thousand gallons of water delivered or portion thereof shall be levied as set forth in Appendix W.

B. Multiple Unit Master Meters. In addition to the minimum charge stated in subsection A of this section for each meter size, there shall be an additional charge per month for each unit of a multiple-family living structure, apartment complex, condominium, mobile home park, motel or hotel, whether occupied or not, serviced by a master meter within the limits of the city. The additional charge shall be as set forth in Appendix W.

C. Multiple Commercial Users. Where there are multiple businesses, purposes or commercial uses in any one building on one metered connection to the water system, each such business, use or purpose shall pay the base rate and overage charges, and the base allotment shall be multiplied by the number of such businesses, uses or purposes.

D. Outside City Limits. Because of the higher costs associated with the delivery of water to users outside the city limits, the monthly rate charged for water from the city water system for all services served by the city water system outside the city limits shall be subject to a fifty percent surcharge as set forth in Appendix W.

E. Water meters may be read by the city all year-round, weather and staffing permitting. If meters are read less than all year-round, usage will be estimated based on prior consumption patterns. On the billing following any estimated month’s or months’ consumption, any excess consumption during the nonread months shall be reflected and shall become due and payable with that billing. Whenever it is necessary for the meter reader to return to any meter to read the same because of the fact that the meter is covered with debris, dirt or other material, or otherwise obstructed by material not placed into position by the city, making access to the meter difficult, then and in that event a service charge shall be charged each time the meter reader must return to the premises, and the meter reader shall leave a notice with the occupant of the premises, and shall not return more often than each five days.

F. The Mattawa city council shall, annually or more often if necessary, by resolution, establish a schedule “Appendix W” of charges and rates for water hookup and connection charges, water rates, allotments and overage charges. The resolution shall also list all other water service fees and charges.

(Ord. No. 596, § 1, 4-6-17; Ord. No. 549, § 2, 7-3-14).

13.02.030 Water service connection charges.

A. All water service connections shall be metered and all separate buildings or separately owned businesses carried on within a single building with a divided ownership shall be separately connected to the city water system, except that separate buildings which are an integral part of a single business or industry may be served by a master meter serving the property if the city consents. Such service to separate buildings shall be terminated and separate services installed upon the separate sale or segregation of the business or industry so served. Such new service to the parts of the separated industry or business shall be deemed new services for the purposes of this chapter. It shall be permissible for any property, at the option of the owner thereof, to have more than one meter to measure the water serving the property.

B. The city shall make all connections to the water system for service to properties within the city except as otherwise provided herein. Charges shall be made by the city for making water service connections, including the cost of the meter which the city shall supply. Such charges shall be paid in full before the connection is made by the city to the city water system for the property to be served. Those charges are set forth in Appendix W.

C. A property owner may, with the permission of the city’s public works director after establishing that installation of the service by the property owner is cheaper than installation by the city, upon such reasonable conditions as the public works director shall determine, make service connections from a city water main to the property to be served. In such case, the property owner shall be responsible to pay all costs of such connection, including repair of any pavement, curbs, gutters, driveways or streets disturbed or damaged. In addition, the property owner shall pay the cost of the city’s inspection of the installation as set forth in Appendix W. The installer shall be required to guarantee such a connection, including repaired pavement, curbs, gutters, driveways or streets, for one year after installation against defects in such installation. Upon proper installation of such lateral and its acceptance by the city, it shall become the city’s responsibility to maintain and repair such lateral including enforcement of the one-year guarantee against the installer.

D. The installation of service laterals from mains to the property line of the service location shall be required with the installation of infrastructure related to the platting of property, water mains, streets, curbs, gutters, sidewalks and the like. This is done to avoid later damage to streets, curbs, gutters and driveways. The process described in subsection C of this section shall be followed in these situations where the platting party makes service lateral installations. Upon payment of the connection fees to the city, the city shall make those connections.

E. Once a water service lateral running from a water main to a service location is installed and/or accepted by the city, ownership and responsibility for maintenance of that lateral from the property line to the main shall be the city’s.

(Ord. No. 549, § 2, 7-3-14).

13.02.040 Turn-on and turn-off charges.

In addition to the charges for services provided for in this chapter, there shall be a charge to any account for turning on or turning off water service. Those charges are set forth in Appendix W.

(Ord. No. 605, § 1, 7-20-17; Ord. No. 549, § 2, 7-3-14).

13.02.045 Water system development charges.

A system development charge shall be assessed on all properties in the amount shown in Appendix W. The charge shall be paid upon application of a building permit or upon a request to connect to city water. Water shall not be turned on or be allowed to remain turned on if this charge is not paid. The charge shall be a portion of the regular permit fee for water services as required by city ordinance.

(Ord. No. 588, § 1, 10-20-16).

13.02.050 Water meter test.

Where the accuracy of a water meter is questioned by a user, it will be removed and tested provided the user will put up a deposit for the labor and expense of making the test as set forth in Appendix W. If the test discloses an error against the consumer of more than three percent on the meter’s register, the deposit will be refunded and an adjustment made on the billing for the last billing period in accordance with the percentage of error found. If the test reveals the meter is running at least ninety-seven percent accurate, then the user will forfeit his deposit as a reimbursement to the city for the expense of making the test.

(Ord. No. 549, § 2, 7-3-14).

13.02.060 Deposit requirement.

A. Water service will be delivered only upon request of the property owner of the property to be served, except as to tenant accounts as provided in this chapter. Upon making any such request, a deposit as set forth in Appendix W, or as provided in this section for tenant accounts, shall be made by the owner or on the owner’s behalf or by the tenant for tenant accounts to the city clerk. That deposit will be held in the utility deposit fund to secure the payment of water service charges.

B. If any water/sewer/utility service charges become delinquent, the city clerk shall retain such funds as are necessary from the deposit in the utility deposit fund to cover outstanding utility charges. Any funds not owed to the city for utility service charges shall be refunded to the owner when property is sold or to the tenant on a tenant account when the property is vacated.

C. Deposit requirements will be waived for customers of record within the previous twelve months if the previous account shows no disconnections for nonpayment, no late payments, no outstanding balances, and had at least six months of consecutive service.

D. Tenant Accounts. Water service will be delivered to a single-family residential rental property at the request of the tenant if the tenant claims an owner/tenant dispute exists and the owner has allowed the water service account to become delinquent. If such a situation exists, a tenant may open an account for water/sewer/garbage utility service of the property to be served on the same terms and conditions as any other residential account. The tenant shall not be required to pay the delinquent charges incurred by the property owner prior to the establishment of the tenant account.

(Ord. No. 549, § 2, 7-3-14).

13.02.070 Delinquent utility accounts.

A. Utility charges shall be the responsibility of the property owner and shall be billed directly to the property owner or the address designated by the owner in writing. Payment for utility service for any property shall become due and payable on the tenth day of the month following the month within which the service was rendered. If any amount remains unpaid after the twenty-eighth of the month being first billed, a late penalty as set forth in Appendix W shall be added to the utility account on the date stated on the billing. The city clerk shall give notice in writing to the owner or owner’s agent as officially listed in the city records, or the best address available to the clerk, of such delinquency, advising that the water service shall be discontinued at the expiration of ten days thereafter unless the account is paid in full. Such notice shall indicate that the delinquent user may contact the city clerk or other responsible city official at City Hall during business hours to make arrangements to bring the account current or to dispute the correctness of all or part of the amount due.

B. In the event the city should proceed to terminate water service to any property which has failed to bring its account current after mailing of written notice, the employee of the city dispatched to disconnect the water service shall make a reasonable effort to inform the user that water service is being terminated. In the case of an owner-occupied single-family dwelling or commercial or industrial account, the mailing shall be followed by a twenty-four-hour notice to terminate water service. This notice shall be delivered to any person at the premises or posted on or near the entrance to any dwelling or structure associated with the service. The charge for this posting shall be as set forth in Appendix W, which shall be added to the water service account. The city employee dispatched to disconnect the water service shall make a reasonable effort to inform the user that water service is being terminated. The city employee may not accept payment of the delinquent amount from the user, but the employee shall not terminate water service to the property until the user has been afforded an opportunity of not less than thirty minutes in length to reach the City Hall and arrange to bring the account current. The city shall terminate water service for nonpayment of delinquent utility charges only during the hours of eight a.m. to three p.m. Monday through Friday. No terminations shall be permitted on a legal holiday or on the day before a legal holiday.

C. Residential Rental Units and Tenant Accounts. In the event the city should proceed to terminate water service to any known residential rental property which has failed to bring its utility account current after mailing of written notice, the employee of the city dispatched to notify the tenants of the impending termination of water service shall make a reasonable effort to inform the users that water service is being terminated. The city shall deliver a notice to terminate water service with the same thirty-minute opportunity to make payment at City Hall offered to anyone contacted at the property. The mailing shall be at least seven days prior to termination of water service. This is to allow time for the tenant or tenants to establish a “tenant account” as outlined in Section 13.02.060(D). The charge for this mailing shall be as set forth in Appendix W and shall be added to the water service account. Included in all notices of proceedings to terminate water service shall be information that the lack of running hot and cold water is in violation of the Uniform Housing Code and is grounds for eviction from the premises. The city employee may not accept payment of the delinquent amount from the user.

D. In the event the water supply is turned off, the same shall not be turned back on until all delinquent utility charges have been paid in full. The account shall be charged the water turn-on charge as set forth in Appendix W.

E. The city shall have lien against the property for unpaid utility charges as provided by state law for unified utility billings.

(Ord. No. 549, § 2, 7-3-14).

13.02.080 Joint charging.

All charges for water, sewer, garbage, penalty and interest payments due the city of Mattawa shall be billed jointly on one statement. All payments received from a user shall be credited first to charges for account changes, second to charges for interest, third to charges for penalty, fourth to charges for garbage service, fifth to charges for sewer service, and sixth to charges for water service. Penalties are deemed charges of the appropriate utility. Payments are credited first to the oldest charge or penalty appearing on the billing. A delinquency in payment for any utility service to a subject property may result in the termination of any other utility service to the subject property.

(Ord. No. 549, § 2, 7-3-14).

13.02.090 Joint users charges.

Where multiple commercial and business establishments are tenants in a single building and are served by a common water meter, there shall be a single account with the city in the property owner’s name.

(Ord. No. 549, § 2, 7-3-14).

13.02.100 Fire protection service charges.

A. There shall be charged to, and paid by, all users inside or outside the corporate limits of the city having standpipes or fire hydrants, fire lines for fire suppression, or automatic fire sprinkler systems charges each month in addition to any other charges provided for in this chapter for the delivery of other water, unless a contractual agreement has been entered into between the city and a delivery point outside the corporate limits of the city specifying a different charge for fire protection services. The charges are set forth in Appendix W. Those charges are based on the assumption that these nonmetered installations will not incur consumption other than for the suppression of fires or for the purpose of testing their ability to suppress fires; no additional charge will be made to the consumer for the use of any water consumed for those purposes. In order to qualify for this exemption, the consumer must give written notice to the city within ten days after the use of such water for such purpose, stating the date of the use and the investigating fire suppression authority if one was called to the scene. In the event the consumer does not give written notice to the city within ten days after such use, or in the event such water is used for other than fire suppression purposes, then the city shall make its best effort to estimate the number of gallons of water used by the same basis and at the same rate that water rates are provided for in Section 13.02.020.

B. The charges provided for in this section as fire protection charges are of a standby basis, if based on the size of the delivery main to the fire suppression apparatus of the consumer and not based on any claim or warranty that the city would provide or supply any specific pressure or volume of water to the consumer at any specified time.

(Ord. No. 549, § 2, 7-3-14).

13.02.110 Water usage—Fire hydrants.

All users inside or outside the corporate limits of the city shall be charged for use of water from fire hydrants or other delivery points. The charges are set forth in Appendix W. In order to use “bulk water,” the consumer must make application to the city stating the purpose for the use of the water and agreeing to the procedure as set forth by the city.

Private uses of city fire hydrants must be approved by the public works director or the mayor’s designee. The user of the city fire hydrant must register with the city’s utility billing department and shall pay a refundable deposit as set forth in Appendix W prior to the public works department issuing the city’s meter/backflow device. The registration shall include the identification of an active water account in good standing which shall be responsible for any charges not paid by the user in connection with the use of this meter. This account must remain active and in good standing for all times the user has possession of the city’s meter. At the time of application to use the meter, the user shall state the date by which it will be returned to the city. If arrangements have not been made with the city public works department to extend that time, the user will be deemed to have purchased the meter and the cost to the city of a replacement meter plus fifteen percent will be charged to the user’s water account identified at the time of registration. Upon return of the city’s property and inspection of the property to ensure that it is intact and in full working order, and the utility bill paid in full, the deposit shall be returned to the user by a check issued by the city clerk. The user shall be charged a fee for metering each month plus the minimum water volume charge established by ordinance for all users inside city limits for all water metered. The user shall permit monthly reading of the meter by a city employee to establish the amount used for monthly billing purposes. Any action to impair the city’s ability to read the meter will result in the immediate return of the meter to the city and the user will not be permitted to make use of a city meter again for six months. A failure to return the meter will be deemed to be a purchase of the meter as described above. Privately owned meters are not permitted to be used to withdraw water from city hydrants and any water withdrawn by private meter is deemed a theft of water.

(Ord. No. 549, § 2, 7-3-14).

13.02.120 Connection mandatory.

A. The city of Mattawa municipal water system is the potable water system for the city of Mattawa and connection to the system for potable water service is mandatory.

B. Any property located within two hundred feet of a city water main shall be required to connect to that water main and extend such main through their property. Any property located more than two hundred feet from a city water main shall be exempt from such requirement until such time as a city water main shall be located within two hundred feet of that property. At such time the requirement to connect to and extend the water main stated herein shall apply.

(Ord. No. 549, § 2, 7-3-14).

13.02.130 Permission required for service to additional premises.

It is unlawful for any person whose premises are supplied with water to furnish water to additional premises unless such person first makes application in writing to do so and permission is granted by the city council.

(Ord. No. 549, § 2, 7-3-14).

13.02.140 Double charge for unauthorized service.

When additional premises are connected or furnished with water without the application prescribed in Section 13.02.130, the property owner served with the unauthorized service shall pay to the city two times the rate for the service provided as calculated by the city in its sole discretion.

(Ord. No. 549, § 2, 7-3-14).

13.02.160 Temporarily vacant or unoccupied premises.

The minimum water service shall continue until an order in writing to discontinue service has been given. The water shall not be turned on or off until a request in writing is given, on forms furnished by the city, for the turning on or off of the service.

(Ord. No. 549, § 2, 7-3-14).

13.02.170 Service connection removal.

When it is desired by the property owner to change the location of the old service connection, a new service shall be placed only upon the owner making application and paying for a new tap at the actual cost involved.

(Ord. No. 549, § 2, 7-3-14).

13.02.180 Service reinstallation after discontinuance.

When service has been discontinued from any premises, upon the application of the owner thereof, or for nonpayment of water charges, or for any other causes, it is unlawful for any person to again connect the premises with water until all arrearage for the premises has been paid, and application made for reinstallation of service, and other cause or causes corrected to the satisfaction of the city.

(Ord. No. 549, § 2, 7-3-14).

13.02.190 Shut-off by city.

The city reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, emergencies or any other reason, and the city shall not be responsible for any damage, such as bursting of boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppages or interruption of water supply or any other damage resulting from the shutting off of the water. The city will attempt to notify the users in nonemergency situations when the water supply is shut off.

(Ord. No. 549, § 2, 7-3-14).

13.02.200 Termination or refusal of service for utilities.

The city shall have the right and power to deny connection to city water and/or sewer utilities or to terminate a connection to city water and sewer utilities upon a determination by the mayor that any of the violations contained in this chapter have occurred.

(Ord. No. 549, § 2, 7-3-14).

13.02.210 Repair of service equipment.

The water pipes, connections and other apparatus within the premises to be delivered water service must be kept in good repair and protected from freezing at the expense of the owner, who will be responsible for all damages resulting from leaks or breaks. No person shall be allowed to dig into any street or sidewalk for the purpose of laying, moving or repairing any service unless they have a permit issued by the city.

(Ord. No. 549, § 2, 7-3-14).

13.02.220 Connection compliance with title required—Recovery of costs of illegal or unsafe connection.

A. The public works director shall specify how connections shall be made until all rules contained in this chapter for the same shall have been complied with.

B. Any person making a connection not permitted by this chapter shall be responsible for all costs incurred by the city in causing such connection to be removed from the city’s water system. Such costs shall include all wages, benefits and other compensation paid to city employees to cause such connection to be removed and/or all charges incurred by the city in employing contractors, including a fifteen percent overhead fee for city administration of such contracted work, to accomplish such disconnection. Such charge shall become a water utility charge against the premises where the connection was improperly made and shall be recoverable by all means used to collect water utility account payments. Such charge shall be billed in the ordinary course of billing water utility charges except that if such charge shall be more than twice the ordinary utility charge for that account location, the billing shall be sent as soon as it has been calculated.

C. Any person making a cross-connection not permitted by this title shall be responsible for all costs incurred by the city in causing such connection to be removed from the city’s water system and all costs of restoring the city’s potable water system to a safe condition after such illegal connection. In the case of a cross-connection in violation of Chapter 13.08, such costs shall include all costs of employee wages and benefits, consultants, contractors, laboratory fees including sample transportation costs, expert inspection fees, and all materials or chemicals consumed to effect the restoration of the potable water system. A fifteen percent overhead fee for city administration shall be added to all costs of consultants, contractors or experts. Such charge shall become a water utility charge against the premises where the cross-connection was improperly made and shall be recoverable by all means used to collect water utility account payments. Such charge shall be billed in the ordinary course of billing water utility charges except that if such charge shall be more than twice the ordinary utility charge for that account location, the billing shall be sent as soon as it has been calculated.

(Ord. No. 549, § 2, 7-3-14).

13.02.230 Meter damage liability.

If a water meter is damaged by tampering by the property owner or consumer or other action of the consumer or use, or by hot water coming from the consumer’s line, then all costs for the repair or replacement of the water meter shall be charged to and paid for by the property owner or consumer.

(Ord. No. 549, § 2, 7-3-14).

13.02.240 Right of entry.

The duly authorized employees of the city are permitted to enter all properties during normal business hours, or at a time agreed to between the city employee and the property occupant or owner, for the purpose of inspection, observation, measurement testing and testing in accordance with the provisions of this chapter. In an emergency, the city employee may enter to prevent harm to the city system, the service location premises or other property. A city employee should only make entry upon the service location premises pursuant to this section after notifying the public works director of the need for the entry. The public works director shall approve the entry. Contact with the occupant or owner of the premises shall be made personally or by telephone. If contact cannot be made by telephone or in person, then a notice shall be posted on the property and mailed to the utility billing address indicating the date and time of the proposed entry which shall be at least three business days after the mailing of the notice.

(Ord. No. 549, § 2, 7-3-14).

13.02.250 Shut-off for refusing entry.

If any owner or occupant on any premises supplied with city water violates any provision of Section 13.02.240, the city may shut off the service; and the owner or occupant shall be required to pay all delinquent and unpaid charges against the premises, together with the charge for shutting off and turning on the water, before service may again be turned on.

(Ord. No. 549, § 2, 7-3-14).

13.02.260 Unlawful acts.

A. It is unlawful for any person except when duly authorized by the city, or except when such person shall be a member of the fire district acting in their official capacity, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to, or connect anything with any fire hydrant, stop valve or stopcock belonging to the city. Any person found guilty of having violated this subsection shall be subject to a C-20 penalty.

B. It is unlawful for any person to make connection with any fixture or connect any pipe with any water main or water pipe belonging to the city water supply, without first obtaining the permission to do so from the city. Any person violating this subsection shall be subject to a C-20 penalty.

C. It is unlawful for any person other than an employee of the city authorized to do so to either turn on or off water service to any property. Any person determined to have committed the civil infraction of violation of this subsection shall be subject to a C-20 penalty.

(Ord. No. 549, § 2, 7-3-14).

13.02.270 Dispute resolution.

A. The city clerk shall inform all customers of the water/sewer/garbage utility of the city of the availability of a dispute resolution system in the event of a disputed water/sewer/garbage utility billing. Such notification shall occur via a notice on each billing that the customer may dispute the correctness of that billing by contacting the city clerk’s office.

B. Customer Dispute.

1. At any time before the date of termination of water service for nonpayment of the amount shown on a utility bill, or a notice of termination, a customer may dispute the correctness of all or part of the amount shown in accordance with the provisions of this section. A customer shall not be entitled to dispute the correctness of all or part of the amount if all or part of the amount was the subject of a previous dispute under this section.

2. The procedure for customer disputes shall be as follows:

a. Before the date of termination, the customer shall notify the clerk’s office in writing that the customer disputes all or part of the amount shown on a water/sewer/utility bill or a notice of termination, stating as completely as possible the basis for the dispute.

b. If the city clerk, or the clerk’s designee, determines that the present dispute is untimely or that the customer previously disputed the correctness of all or part of the amount shown, the clerk’s office shall mail to the customer a notice stating that the present dispute is untimely or invalid. The city shall then proceed as if the customer had not notified the city of the present dispute.

c. If the city clerk determines that the present dispute is not untimely or invalid under this section, the city, within three days after receipt of the customer’s notice, shall arrange an informal meeting between the customer and the clerk.

d. Based on the city’s records, the customer’s allegations and all other relevant materials available to the clerk, the clerk shall resolve the dispute, attempting to do so in a manner satisfactory to both the city and the customer.

e. Within five days of completion of the meeting, the clerk shall mail to the customer a copy of its decision resolving the dispute.

f. That decision shall be final and binding on the customer.

3. Utilization of this dispute procedure shall not relieve a customer of his obligation to timely and completely pay all other undisputed charges and/or installments and surcharges, and the undisputed portion of the amount which is the subject of the present dispute. Notwithstanding this section, failure to timely and completely pay all such undisputed amounts shall subject the customer to termination of water service in accordance with the provisions of this chapter.

4. Until the date of the decision of the city clerk, the city shall not terminate the water service of this customer and shall not issue a notice of termination to this customer solely for nonpayment of the disputed amount. If it is determined that the customer must pay some or the entire disputed amount, the city shall promptly mail to, or personally serve upon, the customer a notice of termination, following the procedure set forth in Section 13.02.070. The notice of termination shall contain the following:

a. The amount to be paid;

b. The date of the notice of termination;

c. The date of termination, which shall be at least ten days after the date the notice of termination is issued;

d. Notice that unless the city receives complete payment of the past due amount shown prior to the date of termination, water service shall be terminated;

e. An informational telephone number.

(Ord. No. 549, § 2, 7-3-14).

13.02.280 Water availability charge.

A water availability charge is established in the amount of one-half cent per month per front foot on all land within the city, with a minimum billing of six dollars per year per account for either water usage or water availability. The availability charge will be billed annually in December for the calendar year. All funds received by the addition of this section will be deposited into fund 402, the water bond redemption fund of the city, and be held and used for those purposes and no other.

(Ord. No. 549, § 2, 7-3-14).

13.02.290 Owner’s responsibility on private service.

Owners of services are responsible for all leaks or damage on account of leaks from privately owned services. Privately owned services shall be deemed to include all domestic service lines between the meter and consumer’s property, and all domestic service lines lying on or under the consumer’s property. All water meters shall be and remain the property of the city, and the responsibility of the city. The meters may be removed, replaced or changed as to size and type by the water department whenever deemed necessary.

(Ord. No. 549, § 2, 7-3-14).

13.02.300 Family accessory dwelling unit.

A. Whenever an accessory dwelling unit is constructed or exists as an extension of a single-family dwelling with common water and sewer service for the express purpose of housing family members or guests, the accessory dwelling unit and single-family dwelling will be considered a single unit for the purpose of determining utility rates; provided, that the following have been observed:

1. The owner or primary occupant does not receive moneys in any form for rental.

2. The owner or primary occupant places on file with the city clerk a statement to the fact that the accessory dwelling unit is for the express use of family members and/or guests, and that no moneys are received by the owner or primary occupant from the accessory dwelling unit occupant.

B. In the event that the city determines that the accessory dwelling unit is being used as a rental, the city shall have the right to back-bill the owner or primary occupant for six months’ back service as a multiple unit and such utilities shall be subject to collection and shut-off as provided for in the Mattawa Municipal Code.

C. The owner or primary occupant shall be responsible for notifying the city in the event that the family accessory dwelling unit becomes a rental, and thereby subject to multiple utility billings. Once the accessory dwelling unit has become a rental, it shall remain on the city books as a multiple unit regardless of whether the unit is occupied or not, until such time as separate utility service is provided.

(Ord. No. 549, § 2, 7-3-14).

13.02.310 Ownership.

A. City Ownership of Water Mains. The city shall have ownership of all water mains that are located within right-of-way or a municipal easement; provided, that the water mains have been accepted by the city council. City ownership for water mains that extend onto private property without a municipal easement terminates at the downstream side of the isolation valve located in right-of-way, or at the right-of-way line when there is no isolation valve.

B. City Ownership of Service Lines. City ownership extends from the water main to the downstream side of the meter tile when the meter tile is located within right-of-way or a municipal easement. City ownership extends from the water main to the isolation valve in the right-of-way when the meter is located on private property; or to the right-of-way line when there is no isolation valve in the right-of-way.

C. City Ownership of Meters. The city shall own all meters regardless of whether they are located within right-of-way or on private property.

D. Private Ownership of Water Mains, Service Lines, and Appurtenances. All water mains, service lines, and appurtenances that are not described in subsections A and B of this section are privately owned. All maintenance, repairs, and operations on private water mains and service lines are the owner’s responsibility.

(Ord. No. 549, § 2, 7-3-14).

13.02.320 Senior citizen discount.

A. RCW 74.38.070 provides that a municipality may offer uniform reduced utility service rates to low income senior citizens.

B. Definition of Low Income Senior Citizen. Low income senior citizen for the purposes of qualifying for reduced water rates within the city of Mattawa shall meet the following conditions:

1. The individual shall be or exceed sixty-two years of age at the time of filing for the reduced rate;

2. The disposable income of a single individual shall be less than eighteen thousand dollars for the preceding calendar year.

a. Disposable income shall be defined as wages, railroad retirement, social security benefits, such items as investment income in the form of dividends from stock, interest on savings accounts and bonds, capital gains, gifts and inheritance, net rental income from real estate, and also disability payments, retirement pay and annuities. Reimbursement for losses is not to be considered as income;

3. The disposable income for a household of two or more individuals, one of whom is sixty-two years of age or greater, with a combined disposable income from all sources which is less than twenty-four thousand dollars for the preceding calendar year;

4. The water account for which the reduced rate to be applied is sought shall be in the name of the individual owner or renter claiming eligibility for low income senior citizen’s rights.

C. Service Limitation. These rates shall apply only to service provided through a single three-fourth-inch to one-inch meter at a single point of delivery.

D. Discount. All persons qualifying for low income senior citizen water rates shall receive a discount of twenty-five percent on their billing.

1. Accounts subject to the low income senior citizen discount shall be billed in the same manner as other city accounts for water service.

E. Application. Individuals wishing to qualify for low income senior citizen water rates must apply at the City Hall. Application forms and information shall be provided at that time by the city clerk.

(Ord. No. 549, § 2, 7-3-14).

13.02.330 Notice to cease violation.

Any person found to be violating any provision of this chapter shall be subject to a notice of violation and order to correct or cease activity issued by the public works director. The offender shall permanently cease all violations within the period of time stated in such notice.

(Ord. No. 549, § 2, 7-3-14).

13.02.340 Penalty for continued violation.

Failure or refusal to comply with the notice and order provided in Section 13.02.330 shall constitute grounds for discontinuing water service to the premises until the public works director determines that such requirements have been satisfactorily met. Any person who violates any of the provisions of this title shall become liable to the city for any expense, loss or damage occasioned by the city by reason of the violation. Any person violating any provisions of this title is guilty of an infraction, and upon conviction thereof shall be subject to a C-20 penalty.

(Ord. No. 549, § 2, 7-3-14).

13.02.350 Severability.

The invalidity of any part of this chapter shall not affect the validity of any other part of this chapter which can be given its full force and effect without the invalid portion or portions.

(Ord. No. 549, § 2, 7-3-14).