Chapter 9.12
WATER – RULES AND REGULATIONS

Sections:

9.12.010    Definitions.

9.12.020    Repealed.

9.12.030    Application – Water service.

9.12.040    Application – Utility billing account.

9.12.050    Contract – Effective date.

9.12.060    Repealed.

9.12.070    Service, connection charges.

9.12.080    Repealed.

9.12.090    Service – Maintenance, repair.

9.12.100    Service – Connection specifications.

9.12.110    Unauthorized parties turning on water.

9.12.120    Unlawful to supply other premises – Exception.

9.12.130    Repealed.

9.12.140    Changed, abandoned service connections – Procedure.

9.12.150    Discontinuing service – Application required.

9.12.160    Reconnecting – Procedure – Fee.

9.12.170    Water to be metered – Exceptions.

9.12.180    Repealed.

9.12.190    Irrigating, sprinkling during fire – Prohibited.

9.12.200    City’s right to shut off – Nonliability.

9.12.210    Owner’s responsibility for maintenance.

9.12.220    Wasting water – Unlawful.

9.12.230    Water officials – Right of access.

9.12.240    Repealed.

9.12.250    Repealed.

9.12.260    Testing meters – How, when.

9.12.270    City officers – Duty to aid in enforcement of chapter.

9.12.280    City to supply copies of chapter.

9.12.290    Fire hydrants.

9.12.300    Tampering, damaging system – Unlawful.

9.12.310    Reservoirs – Bathing, depositing items in – Unlawful.

9.12.320    Repealed.

9.12.330    Connecting without permission – Unlawful.

9.12.340    Director – Questions not covered – Right to decide.

9.12.350    Users outside city – Contract – City’s right to discontinue.

9.12.360    Repealed.

9.12.370    Water used by city – How paid.

9.12.380    Repealed.

9.12.390    Change in use of water – New application required.

9.12.400    Temporary discontinuance – Procedure – Fee.

9.12.410    Private fire protection services.

9.12.420    Repealed.

9.12.430    Director may impose limitations – Notice of to be published.

9.12.440    Repealed.

9.12.450    Damaged meters – Liability for.

9.12.460    Tampering with meter prohibited.

9.12.470    Offenses against system – Enumerated.

9.12.480    Indigent persons – Waiver of charges – How.

9.12.490    Violations, enforcement, and penalties.

9.12.500    Service charges.

9.12.510    Reimbursement for city-funded water main extensions.

9.12.511    Required water extensions prior to connection.

9.12.520    Repealed.

9.12.530    Private fire lines – Standby charges.

9.12.540    Meter rates – Exceptions.

9.12.541    Repealed.

9.12.545    Repealed.

9.12.550    Repealed.

9.12.560    Repealed.

9.12.570    System investment fee.

9.12.571    System investment fee waiver.

9.12.580    Oversizing.

9.12.010 Definitions.

The word “director” wherever used in this chapter shall be held and construed to mean the director of public works of the city of Wenatchee or his duly appointed and designated representative, and any act in this chapter required or authorized to be done by the director may be done on behalf of the director by said representative or an authorized officer or employee of the water division. The word “person” wherever used in this chapter shall be held to mean and include natural persons of either sex, associations, partnerships and corporations, whether acting by themselves or by a servant, agent or employee; the singular number shall be held and construed to include the plural and the masculine pronoun to include the feminine. For the purpose of this chapter “domestic use” is defined as single-family or duplex residential units. All other metered uses are defined as commercial uses. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2399 § 1, 1980; Ord. 2227 § 1, 1976)

9.12.020 Commissioner of finance – Duties.

Repealed by Ord. 2016-18. (Ord. 2227 § 2, 1976)

9.12.030 Application – Water service.

All applications for the use of water must be made on forms available at the department of public works and submitted by the property owner. Each applicant must state fully and truly all of the purposes for which the water may be required, including whether water service will be used by a tenant, and must agree to conform with the rules and regulations established from time to time; must give the location of the property, lot, block, and plat on which said water is to be used, all of which shall be embodied in writing in the application as a condition for the use of water. Property owners must apply in writing at the department of public works for new services and when a change of use occurs on the property including but not limited to changes in the number of dwelling units, the number of water meters, or the size of the water meter. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2672 § 1, 1986; Ord. 2227 § 3, 1976)

9.12.040 Application – Utility billing account.

The application provided for in WCC 9.12.030 shall contain a contract on the part of the person making the same, to pay for the water applied for at the rate and in the manner specified in such contract, and shall reserve to the city of Wenatchee the right to charge and collect the rates and enforce the penalties provided for in this chapter and in Chapter 9.02 WCC, in the manner herein provided, to change the rates at any time by ordinance, to temporarily disconnect the service at any time after notice to the consumer, or without notice to the consumer in emergencies, and shall specify that said contract is subject to all the provisions of this chapter and of any ordinance of the city of Wenatchee relating to the subject thereafter passed; it shall provide that the city of Wenatchee shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliance on the premises supplied with water, installed by the owner or occupant of such premises, and shall provide that, in case the supply of water shall be interrupted or fail by reason of accident or any other cause whatsoever, the city shall not be responsible for damage for such interruption or failure, nor shall such failure or interruptions for any reasonable period of time in any way relieve the consumer from performing the obligations of his contract. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2672 § 2, 1986; Ord. 2227 § 4, 1976)

9.12.050 Contract – Effective date.

All contracts shall take effect from the day they are signed, and rates shall be charged from the day the premises are connected with the city’s water supply. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 5, 1976)

9.12.060 Connection where property abuts on main.

Repealed by Ord. 2016-18. (Ord. 2227 § 6, 1976)

9.12.070 Service, connection charges.

(1) All services shall be installed by the city water division at an expense to the property owner as set forth in WCC 9.12.290, 9.12.410, 9.12.500, 9.12.540 and 9.12.570, fixing, regulating and controlling the use and price of water. Said service connection charge shall include payment for the following service materials: pipe and fittings, valves, valve box, meter, meter box, and all the other infrastructure used in making connections of any size between the water main and the property served as determined by the director.

(2) All such materials from the main to the meter box are and shall remain the property of the city of Wenatchee. All meters which are used for the measurement of water consumption on which rates are based are and shall be the property of the city of Wenatchee.

(3) No other pipe or fittings shall be permitted in any water box or chamber except as directed or permitted by the director. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 7, 1976)

9.12.080 Stop, waste cock – Installation.

Repealed by Ord. 2016-18. (Ord. 2227 § 8, 1976)

9.12.090 Service – Maintenance, repair.

The service pipes, connections and other apparatus within the premises must be kept in good repair and protected from freezing at the expense of the owner or lessee, who will be responsible for all damages resulting from breaks or leaks, but no person, except under the direction of the director, shall be allowed to dig into any street or sidewalk for the purpose of laying, moving or repairing any service. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 9, 1976)

9.12.100 Service – Connection specifications.

The director shall specify how connection shall be made with the water system, but shall not allow any connections to be made until all rules contained in this chapter for the same have been complied with. All regulations contained in the adopted edition of the Uniform Plumbing Code shall also apply. All service connections must be metered. The water service connection to a building is with one meter per building for one or more sewer customer classifications as set forth in WCC 4.08.040. In addition, the following specifications become applicable as allowed by the director:

(1) When the meter and/or city-owned water infrastructure is allowed by the director to be placed outside the right-of-way, an easement must be provided to the water utility purveyor.

(2) When a single building with multiple meters serves multiple sewer customer classifications as set forth in WCC 4.08.040, each sewer customer classification served shall have separate plumbing per meter. When a new meter is added to an existing building, a plumbing permit is required to specifically eliminate accessibility to the previous water supply connected to the original meter.

(3) When a single building with multiple meters serves only one sewer customer classification as set forth in WCC 4.08.040, each unit served shall have individual plumbing (the intent is to allow multifamily buildings to have separate water meters for each unit).

(4) Single meters to multiple buildings shall be equipped with in-premises shut-off valves for each building. The director may require each separate dwelling or building to be connected to the water system by a separate pipe controlled by a valve accessible at all times to the employees of the water division. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 10, 1976)

9.12.110 Unauthorized parties turning on water.

It is unlawful for any unauthorized person to turn on water or allow or cause it to be turned on after it has been shut off by the director or his deputy. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2729 § 1, 1988; Ord. 2227 § 11, 1976)

9.12.120 Unlawful to supply other premises – Exception.

It is unlawful for any person whose premises are supplied with water to furnish water to additional premises unless he shall first make application in writing so to do upon a printed form furnished for that purpose, and in the same manner as the original application for the installation of water service. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 12, 1976)

9.12.130 Same – Additional charge imposed.

Repealed by Ord. 2016-18. (Ord. 2227 § 13, 1976)

9.12.140 Changed, abandoned service connections – Procedure.

When it is desired to change the location of the old service connection, or where a service connection to any premises is abandoned or is not used for a period of time of four years or more, the director may cut out or remove such service connection, after which, should a service connection be required to said premises, a new service shall be placed only upon the owner making an application and paying for a new tap in the regular manner. When a service connection on any premises on an unpaved street does not exceed one inch in size and the same does not come from the main in front of said premises, the director shall, when a main is laid in front of said premises, after notifying the owner or tenant thereof, transfer the service connection to the new main without charge and at the same time cut out the old service connection. When a new main is laid in any street, owners of premises on said street, or within one-half block on side streets, who are being supplied with city water from a private service, shall make application for tap and shall connect up with a separate service connection to the main in front of the premises. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 14, 1976)

9.12.150 Discontinuing service – Application required.

Whenever the owner or occupant of any premises connected with the city’s water supply system desires to disconnect the use of water, he shall make written application. The application shall state whether or not the premises is occupied by a tenant. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2672 § 3, 1986; Ord. 2227 § 15, 1976)

9.12.160 Reconnecting – Procedure – Fee.

(1) 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 cause, it is unlawful for any person to again connect such premises with water until all arrearages for said premises have been paid, and application made for reinstallation of the services, and other cause or causes corrected to the satisfaction of the director, except that the city may reconnect services to a tenant without a connection charge in accordance with the ordinances of the city.

(2) Charges made for reconnecting water service shall be set forth in WCC 1.99.060. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2672 § 4, 1986; Ord. 2227 § 16, 1976)

9.12.170 Water to be metered – Exceptions.

All water used for domestic or commercial purposes shall be supplied by meter only; provided, that the city council of the city of Wenatchee, in cases of emergency whenever the public safety, health or the equitable distribution of water so demands, may direct the director to change, reduce, or limit the time or discontinue the use of water if in its judgment public necessity demands. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 17, 1976)

9.12.180 Violation of WCC 9.12.170 – Penalty.

Repealed by Ord. 2016-18. (Ord. 2227 § 18, 1976)

9.12.190 Irrigating, sprinkling during fire – Prohibited.

It is unlawful for any person to use any water for irrigation or sprinkling during the progress of any fire in the city unless for the protection of property. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 19, 1976)

9.12.200 City’s right to shut off – Nonliability.

The city reserves the right at any time, with notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or other reason, and the city shall not be responsible for any damage, such as bursting of boiler 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 water. The water supply may be shut off without notice, in cases of emergency, whenever the public safety or health so demands. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2672 § 5, 1986; Ord. 2227 § 20, 1976)

9.12.210 Owner’s responsibility for maintenance.

The service pipe connections and other apparatus within any private premises must be kept in good repair and protected from freezing, at the expense of the owner or lessee, who will be responsible for all damages resulting from leaks and breaks. In case of neglect to promptly repair any service or fixture, or make any changes or alterations required in this chapter, the director shall have authority, when deemed necessary, to go on the premises and make or cause to be made such changes, alterations or repairs, and charge the same against the premises and the owner thereof.

The owner of any service connection shall be responsible for damage to meters serving said premises caused by hot water, and shall be charged for repairs to meters caused by such damage. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 21, 1976)

9.12.220 Wasting water – Unlawful.

It is unlawful for any person to waste water or to allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or to use water closets without self-closing valves, or to use the water for purposes other than those named in the application upon which rates for water are based or for any other purpose than that for which his contract provides, or to use it in violation of any provision of this chapter. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 22, 1976)

9.12.230 Water officials – Right of access.

It is unlawful for any person to fail, neglect or refuse to give the director and his duly authorized representatives free access at all reasonable hours to all parts of buildings or premises supplied with water from the city’s mains for the purpose of inspecting the condition of pipes and fixtures, noting the amount of water used and the manner in which it is used. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 23, 1976)

9.12.240 Violation of WCC 9.12.230 – Penalty.

Repealed by Ord. 2016-18. (Ord. 2227 § 24, 1976)

9.12.250 Violation of WCC 9.12.010 through 9.12.230 – Notice – Penalty.

Repealed by Ord. 2016-18. (Ord. 2227 § 25, 1976)

9.12.260 Testing meters – How, when.

Where the accuracy of record of a water meter is questioned, it shall be removed at the consumer’s request and be tested in the shops of the water division by means of the apparatus there provided, and a report thereon duly made. Before making a test of any meter, the person requesting such a test shall file a request with the finance director and pay a testing fee of $50.00 to the city treasurer. If the test discloses an error against the consumer of more than three percent on the meter’s registry, the excess of the consumption on the three previous readings shall be credited to the consumer’s meter account, and the testing fee shall be refunded. On the other hand, where no such error is found, the testing fee shall not be refunded. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 26, 1976)

9.12.270 City officers – Duty to aid in enforcement of chapter.

It shall be the duty of the employees of the police department and engineering, streets and sewer divisions to give vigilant aid to the director in the enforcement of the provisions of this chapter, and to this end they shall report all violations thereof which come to their knowledge to the office of the director, and it shall be the duty of the chief of the fire district to report immediately to the director in case of fire in premises having service for fire protection purposes that fire has occurred there. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 27, 1976)

9.12.280 City to supply copies of chapter.

A copy of this chapter may be obtained by any consumer of water, and shall be considered a part of the contract made between the city and every such consumer. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 28, 1976)

9.12.290 Fire hydrants.

(1) All public fire hydrants shall be under the control of and kept in repair by the water division and by the fire district in case of fire and such others as the director shall authorize shall have access to said hydrants.

(2) The water division may install public hydrants at the request and expense of one or more persons on mains large enough to provide adequate fire protection upon written request. The person requesting the hydrant shall be billed the actual cost including labor, equipment, right-of-way permit, materials to repair the right-of-way and service materials as set forth in WCC 9.12.070. An estimate of the installation charges must be paid prior to installation of the service. The person requesting the hydrant shall provide utility easements satisfactory to the city engineer. Where there is determined by the director to be a deficiency in the number of public hydrants, the water division may pay for the installation of a new hydrant.

(3) It is unlawful for any person, except when duly authorized by the director, or who is a member of the fire district, 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 other person or persons who shall open to operate any fire hydrant or draw or attempt to draw water therefrom or willfully or carelessly damage the same shall be subject to pay all damages done to said hydrant, and will be deemed guilty of a misdemeanor.

(4) It is unlawful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt or other material.

(5) Any person other than authorized employees of the city of Wenatchee requiring the use of any hydrant, stopcock or valve belonging to the city must make written application for the same in advance to the director. The director shall then send a utility worker to install a hydrant valve. The applicant shall pay the fees for use of the hydrant valve as set forth in WCC 1.99.020. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2539 § 1, 1984; Ord. 2399 § 2, 1980; Ord. 2227 § 29, 1976)

9.12.300 Tampering, damaging system – Unlawful.

It is unlawful for any person, unless duly authorized by the director, to disturb, interfere with or damage any water main, water pipe machinery, tool, meter or any other appliances, buildings, improvements, lawns, grass plots, flowers, vines, bushes, or trees belonging to, connected with or under control of the municipal water supply system of the city of Wenatchee. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 30, 1976)

9.12.310 Reservoirs – Bathing, depositing items in – Unlawful.

It is unlawful for any person to bathe in, fish in or throw any substance into any reservoir, or place any foreign substance upon any grounds belonging to, connected with or under the control of the municipal water supply system of the city of Wenatchee. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 31, 1976)

9.12.320 Fire hydrants – Obstructing – Unlawful.

Repealed by Ord. 2016-18. (Ord. 2227 § 32, 1976)

9.12.330 Connecting without permission – Unlawful.

It is unlawful for any person to make connections with any fixtures or connect any pipe with any water main or water pipe belonging to the municipal water supply system without first obtaining permission to do so from the director. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 33, 1976)

9.12.340 Director – Questions not covered – Right to decide.

The director shall have authority to decide any question which may arise and which is not fully covered by the provisions of this chapter, and his decisions in such cases shall be final. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 34, 1976)

9.12.350 Users outside city – Contract – City’s right to discontinue.

There shall be incorporated in each application for water use outside the city limits the following:

The city of Wenatchee reserves the right to discontinue the furnishing of said water and any service outside city limits heretofore set forth at any time, and the applicant hereby releases the city of Wenatchee in case of discontinuance from any damage whatsoever for refusal to supply said water.

One person, company or association must pay for all water used through said service for his or their own use or the use of others to whom it may be accessible.

(Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 35, 1976)

9.12.360 Fees – Due date – Payment failure – Action.

Repealed by Ord. 2016-18. (Ord. 2007-04 § 2; Ord. 2672 § 6, 1986; Ord. 2227 § 36, 1976)

9.12.370 Water used by city – How paid.

All work done by the water division for the city for the public and municipal uses shall be charged to and when allowed paid for out of the general fund of the city treasurer at the actual cost of labor performed and materials furnished. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 37, 1976)

9.12.380 Separate connections for each building – Exception.

Repealed by Ord. 2016-18. (Ord. 2672 § 7, 1986; Ord. 2227 § 38, 1976)

9.12.390 Change in use of water – New application required.

Should the applicant or occupant of the premises desire to apply the water for a purpose other than those stated in his original application, a new application must be obtained at the office of the city public works director. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 39, 1976)

9.12.400 Temporary discontinuance – Procedure – Fee.

Should it be desired to discontinue the use of all the water supplied to any premises, written notice must be filed in the accounting office, which notice shall be on a printed form provided for that purpose; any payment in full for all arrearages and excess water must be made. The notice must state whether or not the premises is occupied by a tenant. A water service fee for turning water on or off will be charged in accordance with WCC 1.99.060. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2539 § 5, 1984; Ord. 2227 § 40, 1976)

9.12.410 Private fire protection services.

Privately owned services for fire protection purposes must be metered through a double check detector assembly or other meter approved by the water division. Privately owned service connections for fire protection must be requested in writing by the property owner as set forth in WCC 9.12.030. Service charges for fire protection services shall be based on the actual cost including labor, equipment, right-of-way permit, materials to repair the right-of-way and service materials as set forth in WCC 9.12.070. An estimate of the service charges must be paid prior to installation. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 41, 1976)

9.12.420 Fire hydrants – Maintenance – Control.

Repealed by Ord. 2016-18. (Ord. 2227 § 42, 1976)

9.12.430 Director may impose limitations – Notice of to be published.

The director reserves the right in the case of a shortage of water or for any other cause to make any order forbidding or limiting the use of water for irrigation, sprinkling or sluicing, and may at his/her discretion make such order at any time giving notice in official city newspaper; any person violating such order shall be subject to enforcement action as set forth in WCC 9.12.490. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 42, 1976)

9.12.440 Department plumbers – Report required – Contents.

Repealed by Ord. 2016-18. (Ord. 2227 § 43, 1976)

9.12.450 Damaged meters – Liability for.

In all cases where meters, frames or chambers are lost, damaged or broken by the carelessness or negligence of the owner or occupants of premises, they shall be repaired or replaced by the water division and charges for such repair or replacement shall be made against the owner or occupant of the premises for the actual costs of labor and materials used in making such repairs or replacements. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 44, 1976)

9.12.460 Tampering with meter prohibited.

If either the director or his deputies shall discover that any meter has been tampered with or broken, he/she shall shut off the water supply until the full amount of the fixed rate for the month together with any costs of repairs to the damaged meter and together with the actual cost of staff time and equipment shall have been paid to the city treasurer. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 97-6 § 3; Ord. 2399 § 3, 1980; Ord. 2227 § 45, 1976)

9.12.470 Offenses against system – Enumerated.

In addition to the unlawful acts and offenses specified elsewhere in this chapter, it is unlawful for any person or persons, firm or corporation:

To accept payment of any kind for water furnished by the water division, except as provided in this chapter;

To disturb or damage any pipe, machinery, tools or any other property of the water division;

To open, close, turn on, interfere with, or to attach or connect with any fire hydrant, stop valve, stopcock or pipe belonging to the water division. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 46, 1976)

9.12.480 Indigent persons – Waiver of charges – How.

The city council, when it is made to appear that any water user by reason of indigency is unable to pay his water rentals, may by motion or resolution duly passed and placed on record remit, cancel or defer payment of so much of such water user’s unpaid rentals as it may deem right and proper under the circumstances. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2227 § 47, 1976)

9.12.490 Violations, enforcement, and penalties.

(1) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter may be subject to the enforcement actions outlined in this section or may be restrained by injunction or otherwise abated in a manner provided by law. In the event the violation constitutes an immediate danger to public health or public safety, the city is authorized to enter upon the subject private property without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. The city is authorized to seek costs of abatement as set forth in subsection (5) of this section.

(2) Notice of Violation. Whenever the director finds that any person has violated or is continuing to violate any provision of this chapter or an order issued hereunder, the director may serve upon such person written notice of violation. Within 10 days of receipt of such notice of violation, the user shall submit to the director an explanation of the violation and a plan to satisfactorily correct and prevent the reoccurrence of such violation(s). The plan shall include specific actions the person will take and the completion dates of each. Submission of this plan in no way relieves the person of liability for any violations occurring before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the city to take any action, including emergency actions or any other enforcement action, without first issuing a notice of violation.

(3) Noncompliance Fines. Notwithstanding any other section of this chapter, any property owner or person who is found by the director to have violated any provision of this chapter, or orders issued hereunder, shall be fined in the amount not to exceed $1,000 per violation. Each day on which noncompliance shall occur or continue shall be deemed a separate and distinct violation. Such assessments shall be billed separately from the utility billing for services. Unpaid charges, fines and penalties shall be sent to collections. Issuance of an administrative fine shall not be a prerequisite for taking any other action against the person.

(4) Termination of Services. The director shall have the authority to terminate water services upon determining that the person has: (a) refused access allowed by this chapter thereby preventing the implementation of any purpose of this chapter; (b) violated any provision of this chapter; or (c) violated a lawful order of the city issued with respect to this chapter. Tenants and property owners shall be notified at least 10 days prior to services being terminated. Service will be restored after the customer has made arrangements to come into compliance and paid or made payment arrangements acceptable to the finance department for the water disconnect/connection charge under WCC 1.99.060. If a customer makes arrangements for compliance and payment after 4:30 p.m., the services will not be reconnected until the next business day. If a customer wishes to have their services reconnected after 4:30 p.m., they will be charged after-hours rates per WCC 1.99.060.

(5) Cost of Abatement. The owner of the property or person responsible for the violation will be notified of the cost of abatement, including administrative costs. Payment in full shall be due within 30 days and on the thirty-first day interest may be applied at a rate of eight percent per annum. After 90 days, if payment in full has not been received, the bill may be sent to collections. The finance director may approve a payment plan of equal payments evenly spaced over no more than 12 months.

(6) Remedies Not Exclusive. The remedies listed in this chapter are not exclusive of any other remedies available under any applicable federal, state, or local law and it is within the discretion of the city to seek cumulative remedies. The city may recover all attorneys’ fees, court costs and other expenses associated with enforcement of this chapter.

(7) Administrative Hearing. A customer shall be afforded the opportunity to an administrative hearing to contest the director’s determination to terminate water services, impose penalties, recover costs, or establish compliance schedules. Any hearing pursuant to this section must be requested by the user in writing within 10 days after the user receives notice of the city’s determination. The user’s written request for hearing shall be filed with the director. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. The city will conduct the hearing within 20 days of the receipt of the request. The administrative hearing will be held before the director. Formal rules of evidence will not apply; provided, however, that the director will review the existing record, and only the user and the city will be allowed to present oral testimony and documentary evidence to the director. The director will issue a written decision within 10 days of the conclusion of the hearing. Except as otherwise provided, all decisions by the director shall be final and conclusive on all parties unless appealed to the hearing examiner under subsection (8) of this section. The director’s decision, action, or determination shall remain in effect during such period of appeal.

(8) Appeal to the Hearing Examiner. Any decision of the director rendered pursuant to subsection (7) of this section may be reviewed by open record appeal to the hearing examiner. The user must file written notice of appeal with the city clerk within 10 days following notification of such decision or action. Such notice of appeal shall set forth in reasonable detail the action or decision appealed and the user’s grounds for reversal or modification thereof. Failure to submit a timely notice shall be deemed to be a failure to exhaust administrative remedies and shall preclude any further review. Following receipt of such notice, the city clerk will schedule a date for a public hearing with the hearing examiner at which time the hearing examiner shall consider the appeal. The date of the public hearing should be no later than 20 days following the date the clerk received notice of the appeal. The clerk will mail written notice to all parties of record to apprise them of the hearing date. The hearing shall be an open record hearing at which the user and the city may present witness testimony and documentary evidence. At the conclusion of the public hearing the hearing examiner may adopt, amend and adopt, reverse, amend and reverse the findings, conclusions, and decision of the director.

(9) Judicial Review. The decision of the hearing examiner on appeal of the decision of the director shall be final and conclusive unless, within 20 days from the date of final action, the user files a petition for review with the superior court of Chelan County in the manner prescribed by law. Judicial review shall be a closed record appeal based upon the record created before the hearing examiner. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2014-02 § 2; Ord. 2010-08 § 13; Ord. 2227 § 48, 1976)

9.12.500 Service charges.

Any property owner, when applying for water service, shall pay service and material charges prior to the installation of the service, as follows:

Four hundred dollars for each five-eighth-inch to three-fourth-inch connection;

Five hundred fifty dollars for each one-inch connection;

Five hundred seventy dollars for each one and one-half-inch connection;

Six hundred twenty dollars for each two-inch connection.

Service charges for larger than two-inch connections shall be based on the actual cost of each connection including labor, equipment, right-of-way permit, materials to repair the right-of-way and service materials as set forth in WCC 9.12.070. An estimate of the service charges must be paid prior to installation of the service. All service material, including the meter, will remain the property of the city water resource division; provided further, that in the event the service is changed to one of larger size, the cost and expense of such change must be paid before the larger size meter is installed. If, in installing the water service that is two-inch or smaller, it becomes necessary to remove and replace either concrete or asphalt, the water division will complete the work for a flat fee of $500.00 plus the cost of the right-of-way permit. As an alternative, the customer may choose to take responsibility for the cost for any excavation, traffic control, and repairs to restore the right-of-way or an easement that may be necessary to install a service. Excavations shall be in compliance with the city of Wenatchee trenching and shoring safety program as determined by the director. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2791 § 2 1989; Ord. 2729 § 2, 1988; Ord. 2399 § 4, 1980; Ord. 2227 § 49(A), 1976)

9.12.510 Reimbursement for city-funded water main extensions.

Property owners seeking to connect to the water system of the city shall pay a connection (frontage) charge to pay their equitable share of the cost of such system as enumerated in RCW 35.91.020 benefiting their property. The equitable share shall include interest charges applied from the date of construction of the water system until the connection, or for a period not to exceed 10 years, at a rate commensurate with the rate of interest applicable to the city at the time of construction or major rehabilitation of the water system, or at the time of installation of the water line to which the property owner is seeking to connect not to exceed 10 percent per year. The aggregate amount of interest shall not exceed the equitable share of the cost of the system allocated to such property owners.

Upon completion or acceptance by the city of a new water line with necessary appurtenances, the director of public works shall compute the equitable share to be paid in the future by property owners connecting to the water line. Where feasible, the unit cost for each property owner shall be established on the basis of the distance or frontage of the lot abutting the water line benefiting the property. For the purposes of this section, the frontage for a corner lot shall be based on the average distance of the two sides.

In the case of irregular-shaped lots, multiple frontages or unusual circumstances, the director of public works may establish the equitable share on another unit basis rather than the standard frontage calculation. This determination will be made upon acceptance or completion of a new service line in the event a property owner considers the equitable share established by the director of public works to be unfair. The property owner may appeal the director’s decision in writing to the Wenatchee city commission. The city commission will make a decision within 30 days upon receipt of such written appeal and its decision shall be final.

The director of public works in computing the equitable share to be paid in the future by abutting property owners will base the calculation on the minimum service size established by the city of Wenatchee to serve the property.

The equitable share to be paid in the future by abutting property owners benefiting from the system shall be in addition to other charges provided. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2729 § 5, 1988; Ord. 2399 § 5, 1980; Ord. 2227 § 49(B), 1976)

9.12.511 Required water extensions prior to connection.

Prior to the connection of any property to the city water system, the water system must be extended to the subject property’s furthest property line by way of right-of-way or easement. The domestic water extensions are subject to the following:

(1) Using the water comprehensive plan and sound engineering judgment, the city engineer shall determine the length and number of water main extensions for the particular property applying for connection.

(2) The water main must traverse along or through the subject property within a right-of-way or a recorded water easement to provide for future extension unless the city engineer determines such an extension is not necessary because the subject property is the last property to be served or that an extension would serve no other property.

(3) The city engineer may determine that a property be required to extend more than one water line along or through the subject property.

(4) If the property proposed for connection has a water main fronting the property and the water main extends to the furthest property line, and no other water main extensions are required either along another right-of-way frontage or through an easement, then the applicant may connect with a water service under the conditions of this title and under public works standards and specifications. (Ord. 2018-23 § 1)

9.12.520 Contract for quarterly payments.

Repealed by Ord. 2016-18. (Ord. 2227 § 49(C), 1976)

9.12.530 Private fire lines – Standby charges.

There shall be charged for all persons, firms or individuals having private fire lines connected with the city water system the following standby charges for said connections:

2-inch line or less

$4.50 per month

3-inch line

6.00 per month

4-inch line

9.00 per month

6-inch line

13.50 per month

8-inch line

18.00 per month

10-inch line

22.50 per month

12-inch line

27.00 per month

In addition to such other changes as may be approved by the city council, commencing January 15, 2019, and on January 1st of each successive year thereafter, the rates addressed herein shall be automatically increased based upon 100 percent of the Consumer Price Index, Pacific Cities and U.S. City Average, All Items Indexes, for the period July to July, All Urban Consumers, West B/C as published by the Bureau of Labor Statistics. In no event shall the rates be increased by an amount less than one percent or greater than five percent without prior approval by the city council. However, these fees and charges shall not, in any case, decrease.

The consumption charge for private fire lines shall be billed at commercial rates.

For all private fire lines connected with the city water system, ownership shall be defined as follows: the city shall own and maintain from the water main to the first fire line water valve downstream of the water main. (Ord. 2018-48 § 1; Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2399 § 6, 1980; Ord. 2261 § 1, 1977; Ord. 2227 § 50, 1976)

9.12.540 Meter rates – Exceptions.

All use and services for water shall be furnished and measured by meter and shall be charged and paid for at meter rates.

(1) Repealed by Ord. 2016-18.

(2) Minimum Charge and Consumption Rate.

(a) Effective on 1/1/2019:

Customer Class and Meter Size

Monthly Minimum Charge

Consumption Rate per 100 Cubic Feet

Single-Family Residential and Duplexes

3/4" meter

$12.38

$2.003

1" meter

$22.02

$2.003

1-1/2" meter

$37.40

$2.003

2" meter

$57.49

$2.003

3" meter

$124.89

$2.003

Commercial and Multifamily

3/4" meter

$12.38

$2.003

1" meter

$22.02

$2.003

1-1/2" meter

$37.40

$2.003

2" meter

$57.49

$2.003

3" meter

$124.89

$2.003

4" meter

$184.37

$2.003

6" meter

$346.03

$2.003

8" meter

$538.91

$2.003

Billings for water used each month shall be determined from meter readings and shall include the monthly minimum charge and the amount of consumption.

In addition to such other changes as may be approved by the city council, on January 1st of each year, beginning on January 1, 2020, the rates addressed herein shall be automatically increased by six percent.

(3) Outside City Limit Rates. Rates for water delivered outside the city limits shall be the same as the rates for inside city delivery.

(4) Credit for Water Leaks – Residential Customers. When a residential water customer requests credit due to a water leak, the customer must complete a credit request form and provide evidence to the city finance department that there has been a leak in the customer’s water line and the leak has been repaired. The city water division will make a factual determination of the leak and its repair, and make a recommendation to the finance department as to whether a credit shall be given. When a residential customer demonstrates to the satisfaction of the city water division that the water leak occurred and was repaired within 30 days of the leak notice, the city may allow a credit of up to one-half of the water consumption above the customer’s average water consumption for the same period or the average of the customer’s available history if resided at the address less than 12 months. Credits will not be given for water consumption that is less than 50 percent over the average water consumption for the same period of time. Adjustments to a specific account at the request of the customer may not be made more than once in a two-year period unless approved by the director. (Ord. 2018-48 § 2; Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2013-37 § 1; Ord. 2007-26 § 1; Ord. 2003-22 §§ 1, 2, 3; Ord. 2000-37 § 1; Ord. 97-10 § 1; Ord. 97-6 §§ 1, 2; Ord. 3173 §§ 1, 2, 1996; Ord. 2791 §§ 1, 3, 1989; Ord. 2766 §§ 1, 2, 1988; Ord. 2729 §§ 3, 4, 1988; Ord. 2621 §§ 1, 2, 1986; Ord. 2539 §§ 2, 3, 1984; Ord. 2399 §§ 7, 8, 1980; Ord. 2227 § 51, 1976)

9.12.541 Meter rates – Budget billing.

Repealed by Ord. 2016-18. (Ord. 2857 § 1, 1990; Ord. 2766, 1988)

9.12.545 Senior citizen rates – Disabled/low income rates.

Repealed by Ord. 2016-18. (Ord. 2007-04 § 3; Ord. 2660 § 1, 1987: Res. 1538 § 2, 1987; Res. 1373 § 2, 1984; Ord. 2399 § 9, 1980; Ord. 2227 § 51.1, 1976)

9.12.550 Charges for turning water off and on.

Repealed by Ord. 2016-18. (Ord. 2227, 1976)

9.12.560 Annual review of rates.

Repealed by Ord. 2016-18. (Ord. 2227 § 54, 1976)

9.12.570 System investment fee.

In addition to other charges provided, each property owner seeking to connect to the existing water distribution system of the city shall pay a system investment fee based upon the depreciated value of the original system. The system investment fee is to be charged to all property owners connecting to the water system and using capacity in the system which was built and funded by current users unless otherwise dictated by city code.

The system investment fee (SIF) shall be collected with each new domestic water system connection simultaneously with and on the same basis as the connection charge. If a larger water meter is requested to replace an existing water meter, the property owner shall be required to pay the difference in water SIF if applicable. SIF shall not be refunded for decreasing the water meter size or removing a water meter.

The system investment fee shall be determined as to each requested connection by the application of the criteria set forth below.

(1) For all water connections a base system investment fee (SIF) will be assessed and will consist of the following:

(a) The base system investment fee for a five-eighth-inch by three-fourth-inch water meter shall be $400.00;

(b) Each water connection will be assigned a “meter customer equivalent” (MCE) factor;

(c) The water connection MCE shall be determined based on the proposed water meter size;

(d) The water meter shall be sized in accordance with the Uniform Plumbing Code as amended and adopted by WCC 2.04.010;

(e) A water connection’s MCE is based on the flow potential through its meter. A five-eighth-inch by three-fourth-inch meter is assigned a base factor of one;

(f) The base SIF is multiplied by MCE factors based upon water meter sizes as follows:

Meter Size

MCE

5/8" or 3/4"

1

1"

2.5

1-1/2"

5

2"

8

3"

16

4"

25

6"

50

8"

80

(g) The fee schedule will be reviewed periodically, but not less often than every odd-numbered year. The adjustment calculation shall use an industry-standard methodology and/or through the process established in the currently adopted city of Wenatchee water comprehensive plan.

If the city council approves an adjustment to the SIF, the director of public works shall file with the director of finance the adjusted fee schedule along with the values the fee schedule is based on.

(2) The water connection charge required by subsection (1) of this section will be assessed against both domestic and irrigation water meter connections.

(3) When water meter size is increased solely to provide fire sprinkler protection, the water connection charge required by subsection (1) of this section shall be based on the size required by the Uniform Plumbing Code, as amended and adopted by Chapter 2.04 WCC. (Ord. 2018-48 § 3; Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2729 § 6, 1988; Ord. 2227 § 57, 1976)

9.12.571 System investment fee waiver.

The system investment fee shall be waived for any project or development that proposes to construct a multifamily building that consists of three or more stacked or attached units as defined by the Uniform Building Code. (Ord. 2018-23 § 1)

9.12.580 Oversizing.

In the event a developer is requested by the city to install a water system and/or water lines larger than required for serving the development to provide for future development, the city will pay the additional cost of the oversized system and/or lines. (Ord. 2018-23 § 1; Ord. 2016-18 § 1; Ord. 2729 § 7, 1988; Ord. 2227 § 58, 1976)