Chapter 13.08 WATER REGULATIONS AND RATES

No water from the city water supply shall be turned on for services into any premises by any person other than the public works supervisor or designee authorized by him to perform this service. (Ord. 2032 § 1, 2017; Ord. 734 Art. 1 § 1, 1988)

13.08.020 Application for water service.

Application to have water turned on shall be made to the city clerk’s office, to the city clerk/treasurer or designee. (Ord. 2032 § 1, 2017; Ord. 1040 § 1, 2006; Ord. 734 Art. 1 § 2, 1988)

13.08.030 Plumbing.

A. No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances of the city; provided, that water may be turned on for construction work in unfinished buildings, subject to the provisions of this chapter.

B. All plumbing fixtures and methods of installation shall comply with the requirements of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, as adopted by the city; provided, however, that if any of these provisions are in conflict with the existing city ordinances, the city ordinance shall prevail. (Ord. 2032 § 1, 2017; Ord. 734 Art. 1 § 3, 1988)

13.08.040 Service connection fee.

A. No connections with a water main shall be made without a permit being issued and 24 hours’ notice having been given to the public works supervisor or designee, and the payment of the connection fee. All such connections shall be made and all such work done at the expense of the applicant, who shall also furnish material necessary for the work; all such connections shall be made under the supervision of the public works supervisor or designee and no connections shall be covered until the work has been inspected by him or his designee within five working days. Applications for such connections must be made to the city clerk/treasurer. Applicants when applying for connection permits shall provide the city clerk/treasurer with an “as built” diagram, indicating the location and depth of the service line.

B. The connection fees to be paid to the city clerk/treasurer shall be as set forth in the city’s current fee schedule and shall be payable at the time such application is made. The water connection fees do not include the actual costs for materials, labor and administration which will be added to the connection fees in the city’s current fee schedule. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(1), 2014; Ord. 1042 § 1, 2007; Ord. 984 § 1, 2003; Ord. 905 § 1(1), 1997; Ord. 734 Art. 1 § 4, 1988)

13.08.050 Resale.

No water shall be resold or distributed by the recipient thereof from the city water supply to any premises other than that for which application has been made and the meter installed, except in case of an emergency. (Ord. 2032 § 1, 2017; Ord. 734 Art. 1 § 5, 1988)

13.08.060 Tampering.

It shall be unlawful for any person not authorized by the city to tamper with, alter or injure any part of the city waterworks or supply system, or any meter. (Ord. 2032 § 1, 2017; Ord. 734 Art. 1 § 6, 1988)

Article II. Service Pipes

13.08.070 Installation.

All service pipes from the mains to the premises served shall be installed by, and at the cost of, the owner of the property to be served or the applicant for the services. Such installation shall be under the supervision of the public works supervisor or designee. (Ord. 2032 § 1, 2017; Ord. 734 Art. 2 § 1, 1988)

13.08.080 Pipe specifications.

No service shall be installed unless it conforms to specifications approved by the public works supervisor or designee and inspected by same prior to installation. Specifications for service line from main line to property:

A. Galvanized pipe will be used or AWWA approved 200 PSI vinyl pipe;

B. Mueller corporation stop;

C. No less than three feet of AWWA approved 200 PSI vinyl pipe;

D. Mueller “ORA” seal curb stop;

E. Cast curb stop riser;

F. If outside meter is installed, 36-inch cement or comparable, vault is required with Mueller meter stop and Mueller meter 90 degrees street (L). (Ord. 2032 § 1, 2017; Ord. 734 Art. 2 § 2, 1988)

13.08.090 Repairs.

All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the premises served. The city may, in case of an emergency, repair any service pipes and if this is done the cost of such repair work shall be repaid to the city by the owner of the premises served. (Ord. 2032 § 1, 2017; Ord. 734 Art. 2 § 3, 1988)

13.08.100 Excavations.

Excavations for installing service pipes or repairing the same shall be made in compliance with the chapter provisions relating to making excavations on streets; provided, that it shall be unlawful to place any service pipe in the same excavation with, or directly over, any drainpipe or sewer pipe, unless a 10-foot separation can be maintained. (Ord. 2032 § 1, 2017; Ord. 734 Art. 2 § 4, 1988)

13.08.110 Curb stops (corporate stops).

A. Curb stops or service boxes shall be placed on every service pipe, and shall be located between the curbline and the sidewalk line where this is practicable. Curb stops shall be so located that they are easily accessible and shall be protected from frost.

B. All water users whose connection to the city water system is not capable of being physically shut off, or without disrupting the service of another user served by the same meter or service line, and whose water charges are not paid as provided in this chapter, shall be assessed a late charge as set forth in the city’s current fee schedule for each water service billing that remains unpaid on the twentieth day of the month following the billing. Enforcement of payment therefor is chargeable to the property owner. Each such delinquency shall be a separate offense.

C. All multiple water users (such as tenants of an apartment complex) will be notified of delinquency before water shutoff.

D. The city is only responsible for repairs up to the curb stop. Any repairs past the curb stop will be the responsibility of the land owner. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(2), 2014; Ord. 734 Art. 2 § 5, 1988)

Article III. Meters

13.08.120 Meters required.

A. All premises using the city water supply must be equipped with an adequate water meter furnished by the city but paid for by the user; provided, that such water service may be supplied by the city at a flat rate of charge until such meter may be installed.

B. Before any premises are occupied, a water meter shall be installed therein as herein required, or application made for such water service at the flat rate of charge until the meter can be installed, or no water shall be furnished to such premises. (Ord. 2032 § 1, 2017; Ord. 734 Art. 3 § 1, 1988)

13.08.130 Location.

Meters shall be installed in a location that will be of easy access. (Ord. 2032 § 1, 2017; Ord. 734 Art. 3 § 2, 1988)

13.08.140 Reading.

The public works supervisor or designee shall read or cause to be read every water meter used in the city on or as close to the fourteenth of each month to ensure that the billing may be sent out at the proper time. The meters are to be read each month for a six-month period beginning April 14th and ending October 14th. The monthly reading will reflect the period of the fifteenth of the prior month to the fourteenth of the month read. (Ord. 2032 § 1, 2017; Ord. 734 Art. 3 § 3, 1988)

13.08.150 Separate meter for each premises.

Each premises shall be separately metered whether under one common ownership or not; provided, however, that the applicant for water service may apply for a single meter at the time of making application for service to the city clerk, and the same shall be directed to the public works supervisor or designee for determination of the advisability of granting such request. (Ord. 2032 § 1, 2017; Ord. 734 Art. 3 § 4, 1988)

13.08.160 Meter changes.

In the event application is made for the purpose of increasing or decreasing the size of an existing meter or for the relocation of an existing meter, the fee for such service shall be determined under the city’s current fee schedule. (Ord. 2032 § 1, 2017; Ord. 734 Art. 3 § 5, 1988)

Article IV. Rates

13.08.170 Water rates inside city limits.

A. All property upon which any building has been or may hereafter be erected having a connection with any mains or pipes which may hereafter be constructed and used in connection with the city water system shall pay the minimum rates based upon meter size as set forth in the city’s current fee schedule. The monthly rates are calculated based upon the meter size servicing the property and on one equivalent residential unit (ERU) which is the equivalent of 10,000 gallons usage per month.

B. Leaks. When due to a broken water pipe or plumbing fitting whether above or below ground, any water user has used, according to the customer’s meter, an amount of water which is substantially greater than the amount of water which has been used during a similar period in prior years, the customer may apply to the finance department for an adjustment under this section.

If evidence is presented to the city documenting the existence of a broken pipe or other plumbing fitting and if the customer has not received a reduction of their water bill due to a broken pipe or plumbing fitting in the previous 24 months, the finance department shall reduce the bill in question to the average amount billed to such property for similar periods in previous years on the condition that the customer pays the percentage set forth in the city’s current fee schedule.

In the event that the water bill is reduced pursuant to the previous paragraph, the sewer overage bill will be reduced to the average amount billed to such property for similar periods in previous years on the condition that the customer pays the percentage set forth in the city’s current fee schedule.

The finance department is not authorized to reduce water billings due to broken pipes or fittings if the customer has received a reduction within the previous 24 months due to a broken pipe or fitting. Further, the finance department is not authorized to reduce water billings due to leaking toilets, faucets, hose bibs or other fixtures.

All repairs must occur within 10 days of discovery of the broken pipe or other plumbing fitting. In order to avoid a waste of water, the public works department may discontinue service to any premises if the owner or occupant refuses to make necessary repairs. If the resident is not home and it is observable that water is being lost through leakage, the department at its option may terminate water service and shall leave written notice as to its action and the reason therefor.

Customers requesting a reduction of their water billing who have received a previous reduction within 24 months and customers requesting relief from water bill liability caused by leaking fixtures such as toilets, faucets, hose bibs, etc., may request reduction of their billing from the city council.

In the event strict application of this subsection is deemed by the city administrator to result in grossly excessive water or sewer charges, the city administrator is authorized to make any billing adjustment deemed necessary to avoid a gross injustice. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(3), 2014; Ord. 1097 § 1, 2013; Ord. 1091 § 1, 2013; Ord. 1080 § 1, 2011; Ord. 1066 § 1, 2010; Ord. 1057 § 1, 2009; Ord. 1048 § 1, 2008; Ord. 1046 § 1, 2008; Ord. 1031 § 1, 2005; Ord. 1019 § 1, 2004; Ord. 982 § 1, 2003; Ord. 962 § 1, 2002; Ord. 905 § 1(2), 1997; Ord. 734 Art. 4 § 1, 1988)

13.08.180 Combined residential (R) services.

Where more than one user is served through the same meter, such as a duplex or more than one dwelling unit on the same meter, each property unit shall be classified as a separate user and shall pay the minimum rate and be entitled to the gallons allowed per month. (Ord. 2032 § 1, 2017; Ord. 734 Art. 4 § 2, 1988)

13.08.190 Overage rates.

For water used in excess of the gallons allowed per month set forth in NMC 13.08.170(A), the rate for such excess is as set forth in the city’s current fee schedule. (Ord. 2032 § 1, 2017; Ord. 2026 § 1, 2015; Ord. 1031 § 1, 2005; Ord. 962 § 1, 2002; Ord. 905 § 1(3), 1997; Ord. 734 Art. 4 § 3, 1988)

13.08.200 Flat rate.

Where water service is supplied by the city before the installation of a water meter, the flat rate of charge for such service shall not be any less than the minimum rates as set forth in the city’s current fee schedule. (Ord. 2032 § 1, 2017; Ord. 734 Art. 4 § 4, 1988)

13.08.210 Water rates outside city limits.

Minimum water rates to users outside the corporate limits of the city, but contiguous thereto and within the state, shall be the same as those charged for water service inside the corporate limits of the city as set forth in NMC 13.08.170, except that all charges for such water users outside the corporate limits of the city, and all consumption over the gallons allowed per month, shall be computed as set forth in NMC 13.08.190, and the total therefor shall be increased by a fee set forth in the fee schedule. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(4), 2014; Ord. 734 Art. 4 § 5, 1988)

Article V. Billing

13.08.220 Date sent and due, shutoff date.

Billings for water used shall be prepared and sent out the last working day of each month. All billings sent out are due and payable at the office of the city clerk/treasurer on or before the twentieth day of the month received. In the event that any such bill is not paid by the twentieth day of the month, a late fee will be assessed and a delinquency notice will be mailed. The delinquency notice will set forth the amount past due and advise the user that unless satisfactory payment arrangements are made prior to the shutoff date, the user’s water service may be disconnected for nonpayment. This disconnect may occur within the three-day period following the first council meeting of each month.

If a user carries a balance of $25.00 or more which is 90 days past due, they are subject to a door notice. If a door notice is delivered, a door shutoff notice fee in the amount set forth in the city’s current fee schedule will be assessed. The door notice states that if payment is not received by 10:00 a.m. of the following day, or payment arrangements made, the water will be turned off for nonpayment. If water is turned off, a shutoff fee for nonpayment in the amount set forth in the city’s current fee schedule will be assessed. If the terms of the payment agreement are not met, water service will be terminated immediately.

If the city is notified of a foreclosure, the water will be turned off and a lien will be filed against said property. When the water is turned off, a shutoff fee will be assessed against the property. The bill will need to be paid in its entirety, including the lien and administrative fees, before water service will be restored.

Late fees, service restoration fees and other such fees may be reduced or waived by administration. The customer has a right to appeal the decision to the city council. (Ord. 2032 § 1, 2017; Ord. 2027 § 1, 2015; Ord. 917 § 1, 1999; Ord. 734 Art. 5 § 1, 1988)

13.08.230 Shutoff for nonpayment.

The water supply may be shut off to any premises for which the water billing remains unpaid beyond the period set forth in NMC 13.08.220. After water service has been shut off, the water service shall not be restored except upon payment of the amount of arrears, as well as the door shutoff notice fee and shutoff for nonpayment fee as set forth in the city’s current fee schedule. (Ord. 2032 § 1, 2017; Ord. 2027 § 1, 2015; Ord. 2009 § 1(5), 2014; Ord. 917 § 1, 1999; Ord. 860 § 2, 1995; Ord. 734 Art. 5 § 2, 1988)

13.08.240 Construction contractors.

During the construction of any building and before any water is installed as is herein provided the contractor so constructing such building may be permitted to use the city water supply by making application therefor, and paying the bulk water fee as set forth in the city’s current fee schedule. (Ord. 2032 § 1, 2017; Ord. 734 Art. 5 § 3, 1988)

13.08.250 Charges constitute lien.

Charges for water shall be a lien upon the premises as provided by RCW 35A.21.100, and shall be filed and foreclosed as provided in RCW 35.21.290 and 35.21.300. (Ord. 2032 § 1, 2017; Ord. 734 Art. 5 § 4, 1988)

13.08.260 Abandoned connection.

Whenever any connection to the water system is abandoned, because the building to which the water connection is made has been abandoned, destroyed or removed, the public works supervisor or designee may remove the meter and any pipe or connections in the public right-of-way or easement, and cap, plug or otherwise seal the pipe or main. Before taking any such steps the public works supervisor or designee shall notify the owner of the real estate if the owner’s name and address is known, and shall notify the person shown on the real estate records as having paid taxes on the property the last time the taxes were paid. Such notice shall be made by mail, at least 30 days before any action is taken under this section. If water is leaking, the public works supervisor or designee shall take immediate action, and send the notices within three working days of the time action was taken. If a service has been abandoned and the pipe or main has been capped, plugged or otherwise sealed, a connection fee as set forth in the city’s current fee schedule must be paid before establishing service again. (Ord. 2032 § 1, 2017; Ord. 734 Art. 5 § 5, 1988)

13.08.270 Unlawful connection.

No person, firm or corporation shall make any connection to the water system of the city without the permission of the city. (Ord. 2032 § 1, 2017; Ord. 734 Art. 5 § 6, 1988)

13.08.280 Theft of service.

It shall be unlawful for any person to steal water from the city by bypassing a meter, tampering with a meter, removing water from any city fountain or hydrant into a bulk container, or by any other means without the written approval of the city. (Ord. 2032 § 1, 2017; Ord. 734 Art. 5 § 7, 1988)

13.08.290 Water late charge.

In the event that a water bill is not paid on or before the twentieth day of the month received, a monthly late charge in the amount set forth in the city’s current fee schedule will be assessed, which shall be paid with the payment of the water bill. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(6), 2014; Ord. 819 § 1, 1992; Ord. 734 Art. 5 § 8, 1988)

13.08.300 Water annual payment election.

The payer of the monthly water charge may elect to pay the full year’s water service charges in advance. The full year’s water service shall be determined by multiplying the monthly water service charge by 12 and then receiving a discount as determined by the city’s current fee schedule. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(7), 2014; Ord. 734 Art. 5 § 9, 1988)

13.08.310 Voluntary turnoff.

Should any water user desire to have the water service to their premises or garden spots/irrigation discontinued for any reason, the user shall make application to the city clerk and pay the fee set forth in the city’s current fee schedule. There will be no additional fee for restoring the water service to the premises. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(8), 2014; Ord. 734 Art. 5 § 10, 1988)

Article VI. Unmetered Water for Fire Protection Devices

13.08.320 Fire protection device defined.

A fire protection device shall be any device or system used exclusively for fire protection, which is connected to the city water main without passing through a meter, to provide emergency water service to a system of sprinkler heads. (Ord. 2032 § 1, 2017; Ord. 734 Art. 6 § 1, 1988)

13.08.330 Standby water fee.

A monthly fee, as set forth in the city’s current fee schedule, is fixed for unmetered standby water service for fire protection devices. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(9), 2014; Ord. 734 Art. 6 § 2, 1988)

Article VII. Special Provisions

13.08.340 City fire hydrants.

The city shall pay for each city-owned fire hydrant the sum set forth in the city’s current fee schedule, which shall be deposited to the city water fund. These charges shall be paid from the city current expense fund annually. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(10), 2014; Ord. 734 Art. 7 § 1, 1988)

13.08.350 Office rent.

There is fixed an annual rental as set forth in the city’s current fee schedule for the office space used by the city water department, which shall be paid from the city water fund and deposited to the city current expense fund. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(12), 2014; Ord. 734 Art. 7 § 3, 1988)

13.08.360 Conservation.

The city hereby declares that it is in the best public interest to promote the conservation of the city water supply in order to protect the health, welfare and safety of the water users and their property. To accomplish this declared purpose the city, through the public works supervisor or designee, reserves the right to exercise the following emergency measures:

A. To fix reasonable hours and days for the sprinkling of lawns as may be necessary to maintain an adequate water level in the city reservoirs.

B. Upon fixing such hours and days notice thereof shall be given to the water users by publication and posting as is otherwise provided for public notices.

C. The city council shall be provided with a monthly update by the city administrator or designee during the period of such curtailed water usage.

D. In the event the water supply shall be diminished to the extent the health, welfare and safety of the water users shall be endangered, the mayor and city administrator must be immediately notified so further emergency action can be taken. (Ord. 2032 § 1, 2017; Ord. 734 Art. 7 § 4, 1988)

13.08.370 Protection of the water distribution system.

The city hereby declares that it is in the best interest to protect the water distribution system from possible damage by the elements, or otherwise. To accomplish this declared purpose the city, through the mayor, city administrator, public works supervisor or designee, reserves the right to exercise the following emergency measures:

A. To permit the running of water during freezing weather in order to prevent interruption of water service due to freezing.

B. To regulate the water users who are allowed the running of water for said purpose, and provide a list of said users to the city clerk/treasurer.

C. To exempt such water users from the payment of water overages during the period allowed.

D. In the event that water distribution system shall be subject to damage from any other causes, to report such fact immediately to the mayor and city administrator for further emergency action. (Ord. 2032 § 1, 2017; Ord. 734 Art. 7 § 5, 1988)

13.08.380 Privately owned unmetered fire hydrants.

There is fixed a monthly charge as set forth in the city’s current fee schedule for unmetered privately owned fire hydrants. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(11), 2014; Ord. 734 Art. 7 § 6, 1988)

Article VIII. Penalty

13.08.390 Penalty for violation.

It is unlawful for any water user to violate any of the terms and conditions provided in this chapter. Upon conviction of any such violation the person so charged shall be subject to the penalties set forth in the city’s current fee schedule. (Ord. 2032 § 1, 2017; Ord. 2009 § 1(13), 2014; Ord. 734 Art. 8 § 1, 1988)