Chapter 13.08


13.08.010    Water and sewer connections outside City limits – Generally.

13.08.020    Water and sewer connections outside City limits – Terms.

13.08.030    Authority to shut off and repair water lines.

13.08.040    Fire hydrant operation.

13.08.050    After-hours and emergency services.

13.08.060    Interference with systems prohibited.

13.08.070    Liability for expenses incurred in violations.

13.08.080    Action to collect delinquent charges.

13.08.085    Lien for sewer delinquent charges – Enforcement.

13.08.010 Water and sewer connections outside City limits – Generally.

Water and sewer connections or extensions to lands outside the corporate limits of the City shall be permitted, when reasonably available, within the Sunnyside Area Comprehensive Plan, and where the recipient of said services pays for or arranges for payment of the costs of said extension. Extension of utility services to areas outside of the City limits which do not meet the above requirements would need to be reviewed, in advance, by the City Council for approval or denial. Any connections or extensions outside of the City limits shall be subject to the charges and costs specified in the City code and shall be subject to specifications and policies of the City. [Ord. 1614 § 1, 1987; 1956 Code § 3-501, § 801.]

13.08.020 Water and sewer connections outside City limits – Terms.

Domestic water and sewer lines or mains lying outside of the corporate limits of the City shall be installed, owned and maintained by the consumers, unless the City has inspected, approved, and consented to receive the same. Unless the City has inspected and approved acquisition of such water and sewer mains or lines, the City shall have no duty to repair or replace such mains or lines. Water meters on such domestic service outside of the corporate limits shall be placed, installed and maintained within the discretion of the Public Works Department and shall remain the property of the City regardless of location. [Ord. 1614 § 2, 1987; 1956 Code § 3-501, § 802.]

13.08.030 Authority to shut off and repair water lines.

The Director is directed and authorized to immediately shut off all domestic lines whenever such water lines develop leaks or their condition is such as to constitute a danger to the domestic water supplies of the City of Sunnyside. Such water lines shall remain shut off until properly repaired or replaced. In the event the leaks or defects exist on service lines to consumers within the City limits or on any portion of the main lines or supply lines outside the City limits, such repairs and replacements as may be necessary shall be accomplished by and at the sole expense of the consumer or owner of the property to which the service is provided, subject to the supervision and final approval of the Director. [1956 Code § 3-501, § 803.]

13.08.040 Fire hydrant operation.

No person other than an authorized employee of the Water and Sewer Department, the Fire Department or Street Department shall operate fire hydrants or interfere therewith in any way without first obtaining authority to do so from the Water and Sewer Department. [1956 Code § 3-501, § 805.]

13.08.050 After-hours and emergency services.

In the event that City employees in the Water and Sewer Department are called for services to a consumer after normal business hours during weekdays and on weekends, there shall be charged to the consumer a minimum of $20.00 to be assessed and collected as herein provided in the City’s current rate provisions; provided, however, that there shall be no charge for callout employees of the Water and Sewage Department regardless of the time of such call for the purpose of repairing, replacing or maintaining plugged sewer lines, broken water mains, missing and broken stop signs, and downed trees or other public emergency. [1956 Code § 3-501, § 805(A).]

13.08.060 Interference with systems prohibited.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenances, or equipment which is a part of the domestic water system or the public sewer and sewage disposal system. [1956 Code § 3-501, § 806.]

13.08.070 Liability for expenses incurred in violations.

Any person who violates any of the provisions of Chapters 13.12 and 13.16 SMC or this chapter shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation. [1956 Code § 3-501, § 807.]

13.08.080 Action to collect delinquent charges.

In the event the City commences an action against any property owner to collect delinquent water and/or sewer charges, the prevailing party in such suit shall be entitled to the award of its costs and a reasonable attorney fee. [Ord. 1244 § 1, 1980.]

13.08.085 Lien for sewer delinquent charges – Enforcement.

The City of Sunnyside shall have a lien for delinquent and unpaid rates and charges for sewer service, applicable penalties and connection charges, including interest thereon at the rate of eight percent per annum computed on a monthly basis, against the premises to which such service has been furnished or is available, which lien shall be superior to all other liens and encumbrances except general taxes and local and special assessments. The sewerage lien shall be effective for a total of not to exceed six months’ delinquent charges without the necessity of any writing or recording. In order to make such lien effective for more than six months’ charges, the City Manager or his designee shall cause to be filed for record in the office of the Yakima County Auditor a notice of lien substantially in the form prescribed pursuant to RCW 35.67.210. The sewerage lien may thereafter be foreclosed in accordance with law.

As an additional and concurrent method of enforcing the lien authorized in this section, the City may enforce such lien by cutting off the water and/or sewer service from the premises to which such sewer service was furnished after the charges become delinquent and unpaid until the charges are paid. The City shall send written notice at least 10 days in advance of cutting off of such service to the last known owner of the property and any occupant of the premises. The written notice shall state the amount of the delinquent account, the date service will be cut off unless such delinquent account is paid in full, and the amount to be paid to restore such service in the event the service is cut off. The right to enforce the lien by cutting off and refusing such service shall not be exercised after two years from the date of the recording of sewerage lien notice, except to enforce payment of six months’ charges for which no lien notice is required to be recorded, all pursuant to RCW 35.67.290 as now existing or hereafter amended.

Upon enforcement of such lien by cutting off the water and/or sewer service, such service shall be deemed abandoned, and subject to reinstatement only upon compliance with the provisions of SMC 13.20.035(C) and payment of all costs incurred by the City of Sunnyside in cutting off such service. [Ord. 1992 § 1, 1999; Ord. 1944 § 1, 1997.]