Chapter 13.05
WATER AND SEWER RATES AND REGULATIONS

Sections:

13.05.010    Fee resolution.

13.05.020    Taxation.

13.05.030    Connection charges.

13.05.040    Turn on fees.

13.05.050    Water reserve fund.

13.05.060    Lien rights.

13.05.070    Water cut off.

13.05.080    Tampering with system.

13.05.090    Shut off valve.

13.05.100    Check valves or backflow prevention devices.

13.05.110    Meter ownership.

13.05.120    Accounts.

13.05.130    Responsibility for leakage.

13.05.140    Watershed.

13.05.150    Meter per structure.

13.05.160    Leak credit.

13.05.170    Authorization to use fire hydrants.

13.05.180    Access to meters and shut off valves.

13.05.190    Utility billing.

13.05.200    Water conservation.

13.05.010 Fee resolution.

All fees, costs, rates, and taxation for the water utility are authorized to be promulgated in the fee resolution and amended from time to time. If any fee, costs, rates, or taxation is determined to be invalid or unenforceable, the last ordinance and/or resolution that dealt with the fee, cost, rate or tax before amended shall remain in force and effect. [Ord. 2007.06 § 1, 2007].

13.05.020 Taxation.

There is hereby proposed a utility tax on water and sewer in the amount of eight (8) percent. [Ord. 2007.06 § 3, 2007].

13.05.030 Connection charges.

All connection charges to a utility shall be as set forth in the fee resolution. [Ord. 2007.06 § 4, 2007].

13.05.040 Turn on fees.

All turn on fees for utility after disconnect shall be established as set forth in the fee resolution. [Ord. 2007.06 § 5, 2007].

13.05.050 Water reserve fund.

There is hereby established Fund No. 405 for the a water reserve fund. Five percent of the gross amount received for water payments monthly plus all hook up fees received shall be placed into Fund No. 405. Disbursements out of Fund No. 405 shall be for repairs and improvements of the Town’s water system and/or reservoir including but not limited to painting of reservoir, repair and/or replacement of pipes, repair and/or replacement of valves, repair and/or replacement of pumps. [Ord. 2007.06 § 6, 2007].

13.05.060 Lien rights.

All charges for utility service, for connections and turn ons, together with penalty and interest, shall be a lien upon the property upon which such connection and/or turnoff occurs or a utility service is rendered and shall be superior to all other liens and encumbrances whatsoever except those for general taxes and special assessments. Enforcement of such lien or liens shall be in the manner provided by law for the enforcement of the same for delinquent utility charges. [Ord. 2007.06 § 7, 2007].

13.05.070 Water cut off.

As an additional remedy and method of enforcing liens described above, the Town may, at the end of sixty (60) days after notice is given to pay charges or assessments for utilities, cut off the water service servicing the premises and shall remain cut off until all charges for all utilities, including connection charges, plus any penalties and interest, together with additional sums as established from time to time for turning on water, as set forth in the fee resolution, are paid. [Ord. 2007.06 § 8, 2007].

13.05.080 Tampering with system.

It shall be a misdemeanor for a person to intentionally break, deface or damage any utility meter, gate, pipe or other utility work, appliance or fixture or in any manner interfere with the proper operation of any part of the utility system of the Town, or any person that turns on a Town utility without permission of the Town and/or otherwise uses the utility without paying compensation for such use to the Town. A conviction shall be punished as set forth in the penalty provision for misdemeanors. [Ord. 2007.06 § 9, 2007].

13.05.090 Shut off valve.

All water connections must have a workable shut off valve on the property owner’s side accessible and adjacent to the meter. If the use of the shut off valve results in damage to the meter and/or the Town’s utility, the property owner shall be responsible for the cost of such damage. [Ord. 2018.09 § 1, 2018; Ord. 2007.06 § 10, 2007].

13.05.100 Check valves or backflow prevention devices.

A water utility customer is required to have a check valve or backflow prevention device on the service when necessary to protect the Town’s water supply from contamination. The required valves are as set forth in WAC 246-290-490. In addition, the number, location and type shall be determined by the Town. The Town may disconnect a water service if it deems that a check valve or backflow prevention device is necessary and the addition of such is not made within ten (10) days after notice is provided. [Ord. 2007.06 § 11, 2007].

13.05.110 Meter ownership.

All meters shall be owned by the Town. [Ord. 2007.06 § 12, 2007].

13.05.120 Accounts.

All utility service will be charged against the property to which it is furnished and against the owner of that property. [Amended during 2014 codification; Ord. 2007.06 § 13, 2007].

13.05.130 Responsibility for leakage.

The owner for which the utility services are provided is responsible for all leaks or damages on account of leaks from service pipes leading from the Town’s stop and waste calk or meter to the premises served. The utility customer shall be responsible for the amount of the utility used and responsible to take immediate action to repair any leaks and/or damage. In the event the repairs are not made within thirty (30) days of written notification by the Town, the Town may secure the utilities service to the premises for which the leak or damage has occurred. [Ord. 2007.06 § 14, 2007].

13.05.140 Watershed.

It shall be a misdemeanor for any person to enter upon the Town’s watershed, described and attached to the ordinance codified in this chapter as Exhibit “1,” without authorization from the Town. Punishment shall be as set forth for misdemeanors. [Ord. 2007.06 § 15, 2007].

13.05.150 Meter per structure.

A water meter shall be provided for each occupied structure on a property. It shall be a misdemeanor for any water customer to provide water to another occupied structure. Punishment shall be as set forth for misdemeanors. [Ord. 2007.06 § 16, 2007].

13.05.160 Leak credit.

In the event that a leakage occurs in a water customer’s line between the meter and the point of final discharge, and the leak was not caused by the utility customer’s negligence, and the repair has been made to stop the leak, then the Town may reduce the water customer’s bill that represents an overage above the customer’s normal average monthly usage by two-thirds (2/3) of the amount of the excess over the average monthly usage. The period of reduction shall not exceed sixty (60) days prior to the discovery of the leak. Such reduction shall not be granted more often than once every twelve (12) months. [Ord. 2007.06 § 17, 2007].

13.05.170 Authorization to use fire hydrants.

It shall be a misdemeanor for the use of water from a fire hydrant or Town hose outlet unless arrangements have been made with the Town for payment as set forth in the fee resolution. A violation shall be a misdemeanor and punishable as set forth for misdemeanors. [Ord. 2007.06 § 18, 2007].

13.05.180 Access to meters and shut off valves.

All utility customers shall continuously provide access to meters and shut off valves; lack of accessibility may result in turn off of the utility and in the imposition of the reconnection fee once accessibility is obtained. [Ord. 2007.06 § 19, 2007].

13.05.190 Utility billing.

Utilities will be billed on the first working day of each month and payments are due on the twenty-fifth day of the month as set forth in the fee resolution. Late charges, as set forth in the fee resolution, will be assessed on payments made after the twenty-fifth of the month and will appear on the next billing. [Ord. 2007.06 § 20, 2007].

13.05.200 Water conservation.

To conserve water the Town may require suspending the use of water for irrigation. Notice of such suspension shall be given by a publication in the Town’s official newspaper and posted at Town Hall and the Post Office. A violation shall be a misdemeanor and punished as set forth for misdemeanors. [Ord. 2007.06 § 21, 2007].