CHAPTER 2
WATER SYSTEM RATES AND REGULATIONS
SECTION:
9-2-1: Rules Established
9-2-2: Reserving Water Service Capacity
9-2-3: Extension Of Water Service Area
9-2-4: Application For Service
9-2-5: Water Accounts In Name Of Property Owner
9-2-6: Water Billing; Payment Requirements
9-2-7: Delinquent Accounts; Shutoff And Reconnect Fees
9-2-8: Water Connection And Service Rates And Charges
9-2-9: Fire Protection Service And Penalty
9-2-10: Connection With Other Water Supply
9-2-11: Connections Outside City Limits
9-2-12: Connections Within City Limits
9-2-13: Installation And System Development Charges (SDC)
9-2-14: Water Main Extensions; Fees
9-2-15: Corporation Stops
9-2-16: Connections From Meter At Owner’s Expense And Care
9-2-17: Plumber’s Permit For Turn On And Off
9-2-18: Water Meters
9-2-19: Fire Hydrants; Process And Penalty
9-2-20: Turn On And Turn Off By City Only
9-2-21: Vacant Premises; Service Discontinuance Procedure
9-2-22: Emergency Shutoff Without Notice; Owner Responsibility
9-2-23: Irrigation And Sprinkling Shutoff Orders; Penalties
9-2-24: Right Of Access For Inspection
9-2-25: Cross Connection Control Program Adopted
9-2-26: Blocking Meters Prohibited
9-2-27: Violation; Penalties
9-2-1 RULES ESTABLISHED:
The rules and regulations set forth in this chapter and such rules and regulations as may from time to time be adopted by the city council are established for fixing, regulating and controlling the use and price of water supplied by the city. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-2 RESERVING WATER SERVICE CAPACITY:
A. Reserving Water Connections: Whenever a residential subdivision or commercial development is under consideration by the city, water connection shall be granted only to the extent that twenty (20) of the equivalent residential units (ERUs) approved for the city by the Washington State Department of Health continue to be held in reserve. The reserve water service capacity shall be for disbursement on a first come, first served basis to residential properties that are not included in any of the above described subdivisions or developments.
B. Discretionary Reduction Of Reserve: The water capacity reserve may be reduced below twenty (20) ERUs on recommendation by the city’s public works director and approved by resolution of the city council, in the exercise of its discretion. (Ord. 689, 9-13-2004; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-3 EXTENSION OF WATER SERVICE AREA:
The water service area of the city is hereby extended outside the city limits to include the area described in exhibit A and depicted in exhibit B, which are attached to Ordinance 455 and made a part hereof by reference. (Ord. 455, 2-14-1994; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-4 APPLICATION FOR SERVICE:
A. Application For Permit; Contents: All applications for permits for the use of water shall be made to the clerk-treasurer. Such application shall be made by the owner of the property to which the water is to be furnished. The applicant shall state fully and truly the purposes for which the water may be required, and must agree to conform to the rules and regulations thereof that may be established from time to time as conditions for the use of water.
B. Permit Fee: The applicant shall be required to pay a nonrefundable permit fee as set forth in the City of Roy Fee Schedule to the clerk-treasurer. The permit shall expire if connection to the water system is not made within ninety (90) days of final inspection or expiration of the related building permit.
C. No permit shall be issued until a building permit or use permit is issued for the structure or use that will be served by the connection.
D. Each new water service connection shall require payment of the system development charge in accordance with section 9-2-13 and, if applicable, the latecomer reimbursement fees in accordance with chapter 3 of this title.
E. Establishment Of Service Account: A new customer at an existing connection shall apply for service on a form available from the city clerk-treasurer and shall pay a new account fee as set forth on the City of Roy Fee Schedule. The new account fee shall include any extra meter reading required. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-5 WATER ACCOUNTS IN NAME OF PROPERTY OWNER:
All accounts for water shall be kept in the name of the property owner and all charges shall be made against the property as well as the owner thereof, and no change of ownership or occupancy shall affect the application of this section. It shall be the responsibility of the owner to notify the city in writing of all changes in current mailing address and/or upon change of ownership on a utility application form. If the owner of the property shall have an agent/rental management company managing the property where water service is provided, then the city requires a copy of the owner’s agreement with the property manager handling the utilities account on behalf of the homeowner. This agreement shall in no way affect the liability of the owner for unpaid water bills. (Ord. 849, 12-13-2010, eff. 1-1-2011; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-6 WATER BILLING; PAYMENT REQUIREMENTS:
A. All bills for water are due in full and payable by the last day of the current billing month. If the bill is not paid in full on or before four thirty (4:30) P.M. of the last day of the current billing month, said bill shall become delinquent and subject to a penalty assessment as set forth in the City of Roy Fee Schedule. However, when the last day of the current billing month occurs on a day when Roy City Hall is closed, bills may be paid on or before four thirty (4:30) P.M. on the next succeeding business day without penalty. The surcharge shall be added to the bill and each new late payment surcharge shall be calculated on the sum of the unpaid balance and the previous surcharge.
B. The city is authorized to establish payment plans for past amounts owing when:
1. Due to an error or omission on the part of the city, the city clerk-treasurer finds that he/she did not timely notify the proper party of the amount owing; or
2. A new owner or a new owner’s tenant will occupy a business or residence where the service has been shut off and the premises have been vacant for longer than the six (6) consecutive preceding months; or
3. During a state of proclaimed emergency, when extraordinary circumstances may prevent a utility customer from affording the ability to pay for services. Utility customers must contact the city clerk-treasurer in writing and request a payment plan be established, to avoid shut off of service and accrual of charges. Utility customers entering into a payment plan agreement must abide by the contract and comply with the required terms of the contract. In addition to the amount for repayment, current ongoing charges must be paid timely each month. Delinquent penalties will be placed in abeyance during the period of the payment plan. Failure to comply with the terms will result in backed penalties, application for shutoff and lien procedures.
Monthly payments under a payment plan will be no less than ten percent (10%) of the amount due or twenty-five dollars ($25.00), whichever is greater. Delinquent penalties may be placed in abeyance during the period the payment plan is in effect and while the agreed monthly payments are made on time. In addition to the agreed amount for the payment plan, ongoing charges must be paid timely each month. Failure to comply with the terms of the payment plan will result in the accrual of delinquent penalties for the time period they have been held in abeyance and for all further time periods, and in the application of shutoff and lien procedures.
C. All delinquent penalties on accounts that have not yet been paid, and only on such accounts, may be waived for the following reasons. The amounts of and reasons for all waived penalties shall be reported to the city council monthly with the treasurer’s report.
1. Delinquent penalties may be waived when, due to an error or omission on the part of the city, the customer was not timely notified of the amount owing, but only as to the period up to the date of notification; or
2. The final delinquent penalty may be waived when payment for a final billing is made in full fewer than thirty (30) days past the date due; or
3. Delinquent penalties may be waived after a vacant metered location has experienced no water consumption and no payment on account for twelve (12) months beginning on the first day following the twelfth month; or
4. Further delinquent penalties may be waived after a water meter has been removed from a property by the city. (Ord. 866, 3-12-2012; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019; Ord. 987, 11-23-2020)
9-2-7 DELINQUENT ACCOUNTS; SHUTOFF AND RECONNECT FEES:
A. Notice Of Delinquency: If payment has not been made before delinquency as set forth in section 9-2-6, and if the delinquent balance is greater than fifteen dollars ($15.00), the city clerk-treasurer shall take the following steps to notify the customer of the delinquency and that, if necessary, water service shall be terminated by shutting off water service to the customer whose account is delinquent.
1. On or about the tenth day following the date of delinquency, the city clerk-treasurer or his/her designee shall cause a notice of delinquency to be deposited in the United States mail, addressed to the customer and advising:
a. The account is delinquent and a lien or statutory lien shall be imposed upon the property;
b. Water service shall be terminated unless the delinquent charges of all types on the customer’s account are paid by a stated date which is no sooner than eight (8) business days following the date the notice is mailed;
c. The customer has the right to protest the billing and appeal the amount due to the city clerk-treasurer by so notifying the city clerk-treasurer in writing at P.O. Box 700, Roy, WA 98580-0770. The notice must be received at the office of the city clerk-treasurer no later than four o’clock (4:00) P.M. of the fifth business day prior to the termination date given on the notice; and the customer shall have the right to present the appeal at the next regularly scheduled council meeting;
d. The city shall charge a trip fee when shutting off service and a reconnect fee before service is resumed, the amount to be determined by the City of Roy Fee Schedule available in the city clerk-treasurer’s office.
2. It shall be the rebuttable presumption that the bill is accurate, which presumption can be overcome by clear, convincing and cogent proof.
3. If the customer has not appealed the notice or settled the account, a second notice that indicates service shall be terminated by the city shall be mailed no later than three (3) business days prior to the termination date given on the first notice. The fee for issuing the second notice is set forth in the City of Roy Fee Schedule. If the property owner has not settled the account within the time provided under the second notice, the city water department shall shut off service. If the customer has appealed the termination notice, once the city council has rendered a decision upon the matter, the city clerk-treasurer shall mail a second notice to the customer notifying the customer of the council’s decision and, where applicable, notifying the customer that service will be terminated no sooner than three (3) business days from the date of the notice unless the account has been settled.
4. The city, as provided by law, shall have a lien against the premises to which water service was furnished and may enforce such lien by shutting off service until all delinquent charges of all types are paid. Additionally, the city shall have the option to enforce the delinquent utility charges pursuant to other methods allowable by law.
B. Payment Required After Shutoff; Additional Fees: If water service is shut off, it may be turned on again by the city after full payment is made for all delinquent charges, plus the following fees as set forth in the City of Roy Fee Schedule:
1. For each trip to shut off or reconnect services during regular business hours, including a visit during which the city employee accepts payment of the delinquent amount;
2. For reconnect service other than during regular business hours, a surcharge;
3. For reconnect service for unauthorized turn on by other than employee of the city;
4. For final delinquency notice issued;
5. For charges for lien processing and court proceedings, as permitted by law.
C. Temporary Reconnection Without Payment: Upon issuance of a written permit, the city clerk-treasurer may authorize a temporary reconnect service without payment of delinquent charges in order to allow work to be performed which is necessary to close a pending real estate transaction. Such work includes inspections, appraisals, and repairs, any of which require the flow of water. A permit for a temporary reconnection shall not authorize consumer use of water by the property owner nor occupancy at the property. Application for the temporary reconnection permit shall be made by the property owner or his/her agent. The application shall include the owner’s or agent’s statement that the property is pending sale, including the dates of mutual acceptance and/or projected closing. On the application, the signator shall accept sole responsibility for the water flow at the site during the period of temporary reconnection. Reconnection shall be by authorized city representative only, shall be by appointment only, and the authorized city representative will shut off service immediately at the conclusion of the appointment. For repairs requiring more than one (1) day, service shall be shut off no later than the end of each business day unless the property owner or agent authorizes and accepts responsibility for water flow overnight. Following each visit by a city representative to turn on or shut off service, a fee as set forth in the City of Roy Fee Schedule shall be added to the account. The total account balance must be paid prior to reconnecting service for the new owner.
D. Collection Charges: The city may assign delinquent accounts to a collections agency and/or assign or record liens against the properties. The city shall add to such accounts the actual costs of doing so, along with administrative fees as set forth in the City of Roy Fee Schedule. (Ord. 860, 11-28-2011; Ord. 867, 5-14-2012; Ord. 921, 12-8-2014; Ord. 936, 5-9-2016; Ord. 977, 5-13-2019)
9-2-8 WATER CONNECTION AND SERVICE RATES AND CHARGES:
A. Monthly Rates:
1. The customer at each service location shall pay a monthly charge for the care and maintenance of the Roy water system.
2. In addition, each customer shall pay a charge per gallon for water supplied through meters or obtained from the city in any way.
3. The city clerk-treasurer shall record the rates that are in effect at the current time in the City of Roy Fee Schedule upon approval by the Roy city council by resolution and make them available to the public in a manner reasonably calculated to afford access.
4. When the customer at a service location changes during a month, each account shall be charged its prorated share of the monthly charge and water usage. "Customer" shall be defined as the occupant at the address at which the meter is located, whether or not the water is currently turned on; or where a meter is installed but no one is an occupant at said address, "customer" shall be defined as the property owner.
5. The monthly charge to be paid to the city by customers of the water system shall be charged whether the premises are occupied or vacant and during all temporary water shutoffs, unless the shutoff is caused solely by the city.
B. Service Outside City; Building Sprinkler Fire Protection: For water supplied through meters to customers outside the city limits, or for purposes of building sprinkler fire protection, there shall be an additional surcharge of fifty percent (50%) of rates, fees and charges for water service and usage.
C. Charge When LID Assessment Not Made: When an existing city water main adjoins a parcel of real property and an LID assessment or other charge has not been made to the property owner for installation thereof, the city, in addition to the charge for a water connection, shall have the right to charge one-half (1/2) of the actual cost per linear foot of the last water main of like size installed in the city water system, plus any latecomer agreement fees, to reimburse the city for cost of installation of the water main; provided, that the charge shall be for the number of feet along the complete street frontage to the farthest property line of the parcel being serviced.
D. Service to Separate Occupancies:
1. Definitions: For the purpose of this section, the following terms shall have the meanings ascribed to them in this subsection:
a. "Premises" shall mean a continuous tract of land, together with its building or group of buildings.
b. "Occupancy" shall mean the state or condition of being a tenant or of living in or taking up quarters or space on a premises; the possession or tenancy of a property on a premises.
c. Subdivision of premises or its buildings into separate occupancies shall constitute separate occupancies for assessing monthly rates for the care and maintenance of the Roy water system, whether or not currently occupied; provided, that separate buildings used solely for storage of property and vehicles, such as separate garages and storage sheds, shall not be considered separate occupancies. Examples of subdivided premises include, but are not limited to, trailer parks with separate living units, duplexes and multiplexes and premises with multiple buildings using water on one (1) lot.
2. Such occupancies on subdivided premises shall be supplied through separate individual service pipes and meters and shall be billed to the occupancy owner of record unless the city is notified otherwise or unless the city elects otherwise if such election is in the best interest of the city.
3. The owners of record for premises subdivided into separate occupancies as defined in this section that exist on March 1, 2014, and which are not supplied through separate individual service pipes and meters shall be assessed a monthly charge for the care and maintenance of the Roy water system for each occupancy. The monthly charge shall be equal to the monthly charge in the City of Roy Fee Schedule for the size of meter through which service should be supplied to the occupancy according to the Uniform Plumbing Code as now adopted.
E. Fees for Additional Services: The fees for the following services are set forth in the City of Roy Fee Schedule:
1. Extra meter reading at end of service or upon request, unless re-reading reveals an error of more than two percent (2%).
2. Permanently removing or disabling a meter.
3. Posting notices at residences of tenants without service accounts.
4. Posting notices at service locations when meters are inaccessible to city employees.
5. Trip charge to turn off, turn on, or read meter at customer request.
6. Certificate of availability or nonavailability.
7. Replacement of damaged or cut lock. (Ord. 860, 11-28-2011; Ord. 878, 11-26-2012; Ord. 901, 11-25-2013; Ord. 908, 3-10-2014; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-9 FIRE PROTECTION SERVICE AND PENALTY:
A. Standby Charges: The monthly rate for water required by the Uniform Plumbing Code, as now in effect or hereafter amended, for the purpose of building sprinkler systems and fire hydrants on private property shall be as set forth in the City of Roy Fee Schedule.
B. Equipment Installation And Maintenance And Penalty:
1. Pipes for fire protection purposes must be fitted with backflow prevention fixtures and shall be sealed by the water system operator and in no case shall such seal be broken, except in case of fire or by the fire chief for the purpose of testing the pipes, fixtures or hose.
2. When seals are broken in case of fire, it shall be the duty of the owner or tenant of the premises to notify the water system operator within twenty-four (24) hours after its occurrence, and the seal shall be replaced by the water system operator.
3. Violation of this subsection shall be deemed a misdemeanor. All fines collected shall be credited to the water operating fund.
4. No domestic water services shall be allowed to be connected to a dead end water main that is designed to be installed on private property for fire protection. All domestic water services shall be connected to the water system within the road rights-of-way unless approved by the public works director. (Ord. 351, 12-14-1987; amd. 2006 Code; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-10 CONNECTION WITH OTHER WATER SUPPLY:
No service connection shall be allowed from the city mains to any premises supplied by water from any other source, unless special permission is given by the city council, which special permission may be terminated at any time, if, in the judgment of the city council, the public interest will be best served by said connection or disconnection. Each new water service connection shall require that any existing well serving the premises be decommissioned. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-11 CONNECTIONS OUTSIDE CITY LIMITS:
A. Application For Permit; Conditions:
1. Whenever any one (1) or more persons outside the corporate limits of the city, not already furnished with water by the city, desire the system to be extended so as to furnish any premises with water which are not already connected with the system, such person or persons shall apply to the city to have such water service so extended.
2. Such application shall designate the premises to be supplied and the number of services desired, together with the plans and specifications for the extension.
3. Should such permits be granted under all relevant provisions of the code, the applicants shall, at their own expense, install all necessary mains or pipes according to the specifications of the city, and furnish or perform all labor, and shall also, at their own expense, install a separate meter for each premises to be supplied for such extension. Before connecting such pipe with the municipal water system, the property owner to be supplied by such extension shall execute a bill of sale to the city for the water main and appurtenances together with an easement, if required by the city, for the water main and appurtenances.
4. Except as otherwise provided in this chapter, all rules and regulations of this chapter shall govern the use of water for such extension.
B. Connection Charges; Service Rates: The connection charges outside the corporate limits of the city shall include assessments in lieu of LID assessments, charges under latecomer agreements, permit fees, connection charges, inspection fees, any additional fees imposed by the city and shall be at the same rates, fees and charges as within the corporate limits of the city. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-12 CONNECTIONS WITHIN CITY LIMITS:
Whenever there is need for extension, repair or replacement of distribution mains, the following methods are available:
A. Local Improvement District: Formation of a local improvement district as set forth in the Revised Code of Washington.
B. Private Funding: Private funding with the option of latecomer agreement.
C. Other Funding: Other funding methods allowed by law and approved by the city council.
D. Bill Of Sale For Water Main And Appurtenances: In exchange for the connection of the distribution main of the city water system, the property owner shall grant ownership to the city of such main together with an easement, if required, by way of a bill of sale. The property owner shall execute the bill of sale prior to connection of the main to the municipal water system.
E. Connection Charges: The connection charges shall include assessments in lieu of LID assessments, charges under latecomer agreements, permit fees, connection charges, inspection fees and any additional fees imposed by the city. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-13 INSTALLATION AND SYSTEM DEVELOPMENT CHARGES (SDC):
A. Charges Established; Payment: A permit will be issued for the use of water after the SDC charges and the charges in subsection B of this section have been paid. Pipe size for water connections shall be determined pursuant to the Uniform Plumbing Code and charged according to size. Said charges are set forth in the City of Roy Fee Schedule.
B. City Supervision; Inspection Fee: Service connections shall be installed by the property owner under the supervision and direction of the city. In addition to the SDC, the property owner shall pay an inspection fee as set forth in the City of Roy Fee Schedule.
C. Charge Per Linear Foot: The water main shall be considered to be in the center of the right-of-way, and in addition to the above connection charges, a charge per linear foot as set forth in the City of Roy Fee Schedule shall be added. Measurement shall be at right angles from the main to the property line.
D. Mandatory Connection To City Water:
1. All residential dwelling units and commercial buildings in existence on December 14, 1987, located within the city limits and within two hundred feet (200') of a water main of the city shall be required to connect to the city water system.
2. All residential dwelling units and commercial buildings in existence on May 31, 2001, and located in the annexed area described in Ordinance 612, except those located in Oak View Heights and McKenna Meadows, which are within two hundred feet (200') of a water main of the city were required to connect to the city water system by May 31, 2011.
E. New Construction Requirements: All new construction within the city limits shall be required to extend the water main to and across the entire frontage of their property and connect to the city water system prior to the occupancy of the building. Property owners may apply to the city council for relief from the requirement, which the council may grant if such grant is in the city’s best interest or the applicant can show good cause. In the case of subdivisions and short plats, water mains shall be extended by the developer across the front of each proposed subdivision or short plat before approval by the city of the subdivision or short plat. No connections to properties outside the city limits shall be approved until a property owner or developer has met all requirements of this section as if the property were within the city limits. No new wells shall be constructed and no alterations to existing wells shall be permitted on properties that can be served or are now served by the city water system.
F. Sprinkler Connections: Sprinkler connections shall be constructed at the property owner’s expense, subject to approval and inspection by the water department.
G. Connection Inspection: The city must inspect and approve the connection prior to service being activated. All inspection fees shall be as set forth in the City of Roy Fee Schedule.
H. Submission Of Plan For Construction: Any person, firm or corporation desiring to construct any new or the replacement of water service systems, water mains or side water lines which are to be constructed by anyone other than the city shall first submit a plan for said construction to the city council. To assure that an as built plan is submitted for the city records and approved by the city council, the water meter shall be secured in the off position and remain that way until the as built plan is received and approved. (Ord. 351, 12-14-1987; Ord. 615, 7-9-2001; Ord. 757, 3-13-2006; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-14 WATER MAIN EXTENSIONS; FEES:
A. Approval Of Plans; Review Fee: All water main extensions financed by other than city funds must have the design plans approved by the city. The city may approve or deny the design plans based on the best interest of the city. Plan review fees will be as set forth in the City of Roy Fee Schedule.
B. Field Inspection Fees: Field inspection fees will be as set forth in the City of Roy Fee Schedule. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-15 CORPORATION STOPS:
All service must come direct from the street main and shall be laid at such depth and at such point as the public works director designates. No bib or fixture of any kind shall be installed between the main and the meter. All corporation stops and connections thereto shall be maintained and under the control of the public works department. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-16 CONNECTIONS FROM METER AT OWNER’S EXPENSE AND CARE:
All pipes and connections from the meter located on or near the property line shall be put in at the expense of the property owner, who shall be responsible for all damages resulting from leaks and breaks. The property owner shall be responsible for all damages to the meter, meter box, meter box lid and/or any component within the meter box, unless the damage occurs as a result of acts by the city. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-17 PLUMBER’S PERMIT FOR TURN ON AND OFF:
No plumber or other person will be allowed to make connection with the city’s mains or make alterations in conduit, pipe or other fixtures connecting therewith, or to connect pipes when they have been disconnected, or to turn water off or on, upon any premises at the city’s corporation stops without approval of the public works director. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-18 WATER METERS:
A. Installation; City Rights; Costs: The right is reserved to the city to place a water meter on any service for the purpose of measuring the water used on the premises by such service, and payment for installation and water used shall be made by the property owner in the manner as prescribed in this chapter.
B. Testing Procedures And Charges:
1. In the event of meter malfunction resulting in the failure to properly register the amount of water used, the property owner shall be charged at the average rate of monthly consumption as shown by the meter when in order unless a factual basis exists for a greater or lesser charge.
2. When the property owner requests that the meter be checked for errors and, upon checking, it is found that the meter complies with the requirements of the laws of the state in regard to water meters, a charge as set forth in the City of Roy Fee Schedule shall be made and added to the billing of the property owner.
3. If said meter is found to be incorrect, then no charge shall be made for the meter check. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-19 FIRE HYDRANTS; PROCESS AND PENALTY:
Obtaining permission for use of or connection to a fire hydrant is a two (2) step process.
A. Permit Required For Use; Connection Fee; Penalty For Violation:
1. Any person, firm, corporation or other entity desiring water service from a fire hydrant or hose connection, bibb pipe or fixture of any kind or desiring to make an alteration thereto shall make application to the city clerk-treasurer for a hydrant use permit and pay a connection/alteration fee as set forth in the City of Roy Fee Schedule.
2. Any person, firm or corporation making connections to or alterations in any pipe wherever water may be drawn from the city’s mains or taking water from any fire hydrant, bibb pipe or fixture of any kind, without first having secured a permit for the same from the clerk-treasurer, shall be guilty of a misdemeanor. All fines collected under this subsection shall be credited to the water operating fund.
B. Operation Restrictions: It is unlawful for any person, other than properly authorized employees of the city or members of the fire department, to operate fire hydrants and hose outlets unless permission has first been granted by the public works department and proper arrangements have been made with the clerk-treasurer for payment for the water to be used. The city clerk-treasurer shall not issue a permit under this section until the director of public works has reviewed the application, determined whether the city or the applicant shall operate the hydrant and has authorized the operation.
C. Operation By City Employee; Cost:
1. When it is deemed necessary by the public works department, the city will furnish an operator to operate a fire hydrant or hose connection to avoid damage and to obtain the necessary information for computing the volume of water consumed.
2. The expense for the services of the operator and equipment furnished shall be paid by the applicant as set forth in the City of Roy Fee Schedule.
D. Rates For Water Consumption: The rate for the water consumed from fire hydrants shall be equal to the water rate in effect under section 9-2-8.
E. Water Meters: All service connections to the city water system shall be metered. Water meters shall be sized to provide adequate flow of water. A customer may provide the water meter; however, any such meter shall be approved in writing in advance by the Roy public works director or designee and shall be American Water Works Association (AWWA) approved. If at any time the public works director or designee determines that the meter does not meet current city standards, the director shall be empowered to withdraw said approval by written notice to the customer. The customer shall then promptly replace the substandard meter or obtain a city owned water meter. Failure to do so shall result in the termination of water service. If a city owned water meter is provided for and operated by the applicant, a refundable deposit and a rental fee shall be paid as set forth in the City of Roy Fee Schedule. (Ord. 860, 11-28-2011; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-20 TURN ON AND TURN OFF BY CITY ONLY:
A. City Authority Exclusive: No person, except employees of the city, will be allowed to turn the water on or off at the city’s corporation stops, after the plumbing has been completed and the water turned on by the public works department.
B. Water Turn Off For Violation; Payment Of Costs: Should the water be turned on to the premises by anyone other than an employee of the city, after it has been turned off at the city’s angle meter stop, it will be turned off at the main and will not be turned on again until the charges as prescribed in this chapter have been paid.
C. The administrative fee for tampering with a meter is set forth in the City of Roy Fee Schedule and is in addition to any applicable water charges, fines, penalties, or other costs.
D. Charges in this section are assessed to the customer whose service account is active at the time of the violation. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-21 VACANT PREMISES; SERVICE DISCONTINUANCE PROCEDURE:
Water supplied to vacant premises may be shut off by the city for any length of time upon notice in writing to the clerk-treasurer. The water will then be turned off and turned on again on written application and fees as set forth in the City of Roy Fee Schedule. No remission of monthly charges for the care and maintenance of the water system or for consumption will be made for the requested shutoff period. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-22 EMERGENCY SHUTOFF WITHOUT NOTICE; OWNER RESPONSIBILITY:
A. Turn Off Without Notice; Safety Valve Requirement: The water may at any time be shut off from the mains, without notice, for repairs, extensions or other necessary purpose, and persons having boilers supplied by direct pressure from the mains are cautioned against danger of explosion or collapse, and where meters are in use or to be used on such service, a safety valve shall be placed between the boiler on such service and the meter, at the owner’s expense, and said person shall be held responsible to the city for any and all damages to meters or injuries to persons caused by hot water.
B. Nonliability Of City: The city shall not be responsible for the safety of boilers or other fixtures on the premises of any water consumer.
C. Life Support Equipment On Record With City: It shall be the responsibility of the property owner to place on record with the city life support equipment data that requires water for its operation or function. The city shall not be responsible for service interruption but shall endeavor to give prior notice if possible. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-23 IRRIGATION AND SPRINKLING SHUTOFF ORDERS; PENALTIES:
A. City Authority; Notice In Newspaper: The right to make an order, in case of shortage, or for any good and sufficient reason, suspending the use or hours of use of water for irrigation sprinkling purposes, is reserved to the city council at its discretion. Such order shall take effect from and after its publication in the official newspaper of the city, unless an emergency is declared and thereupon no prior notice must be given.
B. Violation A Misdemeanor: Violation of such order shall be deemed a misdemeanor. All fines collected under this section shall be placed to the credit of the water operating fund. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-24 RIGHT OF ACCESS FOR INSPECTION:
Employees of the city shall have free access to the extent provided by law at all times in the day to all parts of buildings or property in which water may be supplied from the city mains, for the purpose of inspecting the condition of the pipes and fixtures, and the manner in which the water is used. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-25 CROSS CONNECTION CONTROL PROGRAM ADOPTED:
A. The city hereby adopts by reference the city of Roy cross connection control program and implementation procedures, copies of which are available at the city clerk-treasurer’s office.
B. Testing Fee: The fee for annual testing of a backflow assembly shall be as set forth in the City of Roy Fee Schedule.
C. Other Charges: If a customer chooses to hire the city’s contractor or employee to install or repair a backflow assembly, the city shall add to the customer’s account the cost to the city for such installation or repair. (Ord. 687, 10-11-2004; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-26 BLOCKING METERS PROHIBITED:
All persons are prohibited from blocking water meters and covers in any manner so as to prevent free access thereto by employees of the public works department. (Ord. 351, 12-14-1987; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)
9-2-27 VIOLATION; PENALTIES:
A. Penalties Imposed; Water Turnoff: Any violation of the provisions of this chapter or any failure to comply with the requirements of this chapter, or any of the provisions of any other ordinances of the city relating to water regulations, shall be a misdemeanor; and any person, firm or corporation found guilty thereof shall be subject to penalty as provided in section 1-4-1; and the water shall be turned off and remain so until the penalty and all other charges due are paid; provided, that the penalty shall not apply to violations of sections of water ordinances of the city or state or federal law for which specific penalties have been provided. This provision shall not limit the city from pursuing any other lawful penalty provided by law.
B. Additional Liability: In addition thereto, any person violating any of the provisions of this chapter shall be liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. (Ord. 351, 12-14-1987; amd. 2006 Code; Ord. 921, 12-8-2014; Ord. 977, 5-13-2019)