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HomeMy WebLinkAbout5216 1 ORDINANCE NO. 5 2 16 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE 4 CHAPTER 13.06 ENTITLED ~WATER UTILITY" FOR 5 PURPOSES OF CONSOLIDATING WATER UTILITY FEES INTO ONE SECTION OF THE WATER UTILITY CHAPTER AND TO 6 REVISE FEES TO REFLECT CURRENT COSTS OF PROVIDING THE WATER UTILITY SERVICE. ? 8 WHEREAS, the City desires to consolidate water utility 9 fees into one section of the Water Utility Chapter; and 10 ]] WHEREAS, to incorporate water utility fees that have 12 been revised to bring these fees into accordance with 13 current costs of providing water utility services; 14 15 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, 16 ]7 WASHINGTON, DO ORDAIN AS FOLLOWS: 18 Section 1. PURPOSE: The purpose of this ordinance is 19 as follows: 20 To amend Auburn City Code Chapter 13.06, entitled 2] "Water Utility" by consolidating the water utility fees into 22 23 one section of Auburn City Code Chapter 13.06 and by 24 revising the water utility fees to reflect the current costs 25 Ordm~ce No. 5 2 16 Febman l 1, 1999 Page 1 1 of providing the water utility services as set forth in 2 Exhibit "A" attached hereto and incorporated herein by this reference. 4 5 Section 2. CONSTITUTIONALITY OR INVALIDITY: If any 6 section, subsection, clause, phrase, or sentence, of this 7 Ordinance, is for any reason held to be invalid or 8 unconstitutional, such invalidity or unconstitutionality of 9 the remaining portions of this ordinance, as it is being 10 1] hereby expressly declared that this ordinance and each 12 section, subsection, clause, phrase, or sentence, hereof 13 would have been prepared, proposed, adopted, and approved ]4 and ratified irrespective of the fact that any one or more 15 section, subsection, clause, phrase, or sentence, be 16 ]7 declared invalid or unconstitutional. 18 Section 3. The Mayor is hereby authorized to implement 19 such administrative procedures as may be necessary to carry 20 out the directions of this legislation. 21 Section 4. This ordinance shall take effect and be in 22 23 force five (5) days from and after its passage, approval, 24 and publication, as provided by law. 25 26 Ordin~ce No. 5 2 I 6 F~ma~ 11, 1999 Page 2 1 2 INTRODUCED: March 10 1999 PASSED: March 1, 1999 4 5 APPROVED: March 1, 1999 6 7 CHARLES A. BOOTH 9 MAYOR 10 11 ATTEST: ]2 14 D le E. Daskam, 15 City Clerk 16 17 APPROVED AS TO FORM: 18 Michael J. Reynolds, 21 City Attorney 22 23 25 26 Ordm~ce No. 5 2 15 Febma~ 11, 1999 Page 3 EXHIBIT "A" Chapter 13.06 WATER UTILITY -- DRAFT 9 February 1999 GENERAL REGULATIONS Sections: 13.06.010 Definitions. 13.06.015 Scope and intent. 13.06.025 Water utility created. 13.06.030 Water fund. 13.06.050 Connection - Application. 13.06.065 Water service - Generally. 13.06.075 Water service - Effective date. 13.06.090 Connection - Permission required. 13.06.100 Connection - Procedures. 13.06.110 Service inutall~tion foos. 13.06.120 Service pipes - Specifications - Maintenance. 13.06.140 Abandoned services. 13.06.155 Additional services - Application. 13.06.165 Additional services - Connection without application - Penalties. 13.06.170 One service connection for several premises. 13.06.180 Wutor turn on roquout. 13.06.190 Water turn-on after shut-off. 13.06.200 Unauthorized turn on or ohut off. 13.06.210 Service disconnection. 13.06.220 Damage from water shut-off City nonliability. 13.06.225 Ponaltiou for violations.Charges for returned checks. 13.06.240 Water for construction and building purposes. 13.06.260 Service premises inspections. 13.06.270 Fire protection services. 13.06.275 Fire protection services - Permit required. 13.06.280 Service charges - Payment dates. 13.06.290 Service charges - Liability - Nonpayment action. 13.06.300 Service charges - Payment delinquency. 13.06.305 13.06.305 Accounts to be in name of owner/operator or leaseholder. 13.06.315 Service charge proration. 13.06.320 Meter Required. 13.06.330 Meter Removal prohibited Damage liability. 13.06.340 Meter Testing. 13.06.350 Meter Operation failure - Charge computation. 13.06.360 Rates Generally. 13.06.395 Inordinate fire service charges. 9 February 1999 1 13.06.400 Use or interference with city's equipment. 13.06.415 Water use from fire hydrants - Use permit application - Charges. 13.06.425 Water use from fire hydrants - Permittee's responsibilities. 13.06.430 Fire hydrant - Unlawful acts. 13.06.440 ~upplyWater system equipment or facilities damage prohibited. 13.06.450 Reservoir pollution prohibited - Littering supply system grounds. 13.06.460 Wetting people on sidewalks prohibited. 13.06.490 Violation of Code- Penalty. 13.06.510 13.06.510 Fire flow compound water meter - Exemption from charges. 13.06,511 Fees,Service charges fines penaalties anddamage. 13.06.010 Definitions. As used in this chapter: A. "Base charge" means the monthly charge for conncction ~eservice from the water utility to recover costs incurred by the water utility such as administrativc costo, meter reading, billing andbilling. collection, and fire standbyscrvicc for cach conncction.service. Base charge does not include charges for water consumption volumc.quantity as registered through the required meter. B. "City services" means a customer class of water services serving the city of Auburn buildings and facilities. C. "Commercial services" means a customer class of water services serving commercial retail, office facilities, and certain manufacturing/industrial businesses not meeting the requirements of.paragraph G. D. "Customer class" means groups of water service customers who have common characteristics for water use and are grouped for purposes of service and charges. E. "Inordinate fire service" means fire service for facilities with fire flow requirements exceeding 1,500 gpm in single-family zoned areas and 2,500 gpm in all other zoncs.areas. F. "Irrigation services" means a customer class of water services for the exclusive purpose of outsidcoutdoor irrigation systems. G. "Manufacturing/industrial service" means a customer class of water services to businesses identified by the water division supervisor as being engaged in the manufacture of products, materials, equipment, machinery and supplies with a meter size of 2 inches or larger and a monthly annual average water consumption equal to or greater than 30,000 cubic feet per month annual avcragc. 9 February 1999 2 H. "Multifamily residential services" means a customer class of water services to triplexes, apartment buildings, condominiums, mobile or manufactured home parks, and trailer courts attached to one water meter. Io "Owner/operator" shall mean the owner and/or the person or persons owning or operating the premises served by a water service connection. J. "Premises" means a private home, building, apartment house, condominium, trailer court, mobile or manufactured home park, a group of adjacent buildings or property utilized under one owner/operator with respect to use of water and responsibility for payment therefor. K. "Quantity charge" means charges for the water quantity used by a water utility customer during a billing period as recorded by a water meter to recover costs ofopcrating the water utility. L. "School services" means a customer class of water services to public and private schools and colleges. Mo "Single-family residential services" means water services to individual single-family residences or to duplex units with one water meter or individual meters for each duplcxresidential unit. N. "Water division supervisor" means the water division supervisor of the city, and any act in this chapter required or authorized to be done by the water division supervisor may be done on behalf of the water division supervisor by an authorized employee or agent of the water division. O. "Water service" means any connection to the city water utility and shall be further defined by customer class. p. "Wholesale services" means water service to other municipal water utilities or public water districts. (Ord. 4878 § 3, 1996.) 13.06.015 Scope and intent. This code is enacted under the police power of the city of Auburn to protect and preserve the public health, safety and welfare. Its provisions shall be liberally construed to accomplish this purpose. It is the specific intent of this code to place the obligation of compliance upon the owner/operator. Nothing contained in this code is intended to be or shall be construed to create or form the basis for liability on the part of the city of Auburn, its water utility, officers, employees or agents for any injury or damage resulting from the failure of the owner or operator of any private system to comply with the provisions of this code, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this code by the city of Auburn, its utility, officers, employees or agents. The city council may establish water rate relief measures for specific customer classes as authorized by state law. (Ord. 4878 ~ 3, 1996.) 9 February 1999 3 13.06.025 Water utility created. There is created for and as a part of the government of the city a division of the public works department to be known and designated as the water utility or water division. (Ord. 4878 3, 1996.) 13.06.030 Water fund. There is created, in the treasury of the city, a fund to be known and designated as the "water fund." All moneys due the city for water service of any kind or as penalties for violation of the provisions of this chapter or of any other ordinance of the city relating to the municipally owned watersupply system of the city shall be paid to the finance director, who shall insure receipt and deposit into the water fund. The water fund shall not be commingled with any other fund or funds of the city and shall be disbursed only upon checks drawn by the order of the city council against the fund. (Ord. 4878 § 3, 1996.) 13.06.050 Connection Application. Any person desiring to have premises connected with the water supply system of the city shall present to the public works department a utility permit application, along with a description of lot, block and addition, and the official house number and/or address of the premises on which water is desired. Application shall be made upon a printed form to be furnished for that purpose, which shall contain as a minimum the description of the premises where such water is desired, and shall state the size of the service mctcr,meter requested and shall be signed by the owner of the premises to be served, or his duly authorized agent, and shall be filed with the public works department. Permit applications must be completed by the applicant and submitted to the city for review, approval and determination of fees. Permit fees are estimates, and shall be valid 180 days after the date of application approval. If, after expiration, the applicant would again like to apply for a permit, a new permit application must be completed and submitted and a new estimate of permit fees will be completed. Once the permit application has been approved by the public works department, the applicant may obtain his/her permit by paying the appropriate permit fees to the finance department. (Ord. 4878 § 3, 1996.) 13.06.065 Water service - Generally. The city council shall establish rates and charges to be paid by a consumer receiving water service from the water utility of the city. The total cost of fees and charges shall be charged to and paid by the owner of the premises e~receiving the water service conncction. The city reserves the right to temporarily 9 February 1999 4 discontinue the service at any time without notice to the consumer. As a condition of service the owner/operator is subject to all provisions of this chapter and of any ordinance of the city relating to the subject, hereafter passed, and shall provide that the city shall not be held responsible for any damage by water or other cause resulting from defective plumbing or appliances on the premises supplied with water, installed by the owner/operator of the premises, and that the fact that the agents of the city have inspected the plumbing and appliances shall not be pleaded as a basis of recovery in case of damage to premises from defective plumbing or appliances installed by the owner/operator of such premises, and shall provide that in case the supply of water is interrupted or fails by reason of accident or any other cause whatsoever, the city shall not be liable for damages for such interruption or failure, nor shall such failures or interruptions for any reasonable period of time be held to constitute a breach of this chapter on the part of the city or in any way relieve the consumer from performing the obligations of this chapter. A copy of this chapter may be obtained by all owners of property and consumers of water, and shall be considered a part of the conditions of service. (Ord. 4878 § 3, 1996.) 13.06.075 Water service - Effective date. Water service charges shall accrucstart from the day the premises are connected with the city's water supply andservice meter. The water will be turned on.at the time the water turncd cn.meter is installed. At the time water is turned on, service charges for sanitary scwcr,sewer and storm drainageand solid waste shall bcgin to accruc.also begin, (Ord. 4878 § 3, 1996.) 13.06.090 Connection - Permission required. It is unlawful for any person to make connections with any water main or water pipe belonging to the water utility without first obtaining permission in the form of an approved application for service from the public works department and dcpartmcnt.payment of all associated fees and charges. (Ord. 4878 ~ 3, 1996.) 13.06.100 Connection - Procedures. Upon the presentation of a paid receipt for permit, the water division supervisor shall cause the premises described in the application,permit, if the same abut upon a street upon which there is a city water main, to be connected with the city's water main by a service pipe extending at right angles from the main to the meter set and including a tailpiece of not over two feet in lcngth, whichlength. This connection shall thereafter be maintained by and kept within the exclusive control of the city. The meter set will be installed inside the utility right of way. 9 February 1999 5 In case of permit application for water service eeof a single premises not abutting upon a street upon whichwhere there is a city water main, the city will laymay install its connection from the main toward the single premises for the distance equal to the distance from the main to the edge of public right of way. The distance in such a case will not exceed 50 feet. The connection beyond the meter service tailpiece will be curbline, said distance to in no case cxcccd 50 feet, and permit connection laid at the c~cnsc,installed at the expense of, and maintained by, the owner of the service property. A Facility Extension agreement to extend the water main to more than one property not having a city water main abutting the property may be required. Where there is a water main in front ofabutting any premises, every single family housesupplied by city water must have its own separate metered service connection with the city main, and thewater main to be supplied by city water. The premises so supplied with metered city water will not be allowed to supply water to any other premises except in an emergency situation, with prior permission of the water division supervisor; provided, that suchsupervisor. Such restrictions shall not apply to water services already installed unless in the judgment of the water division supervisor, for the good of the servicewater service, or to settle disputes, it is found necessary to enforce such provisions as to connections already made; provided, furthcr, where two or more buildings arc supplied by one service through a meter, not made. (Ord 4878 ~ 3 1996) less than the minimum rate for each premises supplied by meter hcrcinaftcr providcd for shall be chargcd for each separate building or premises oo supplied. (Ord. 2878 ~ 3, 1996.) 13.06.110 Sorvico inotallation foo~. A. 1. The fccs for the installation of water service and meter installed by the.city as provided in this chapter shall bc as follows: Service Size Meter Size (in inchcs)(in inches) 3/2 ~/~ x 3/~ S~,0~.00 1 1 81,23~.00 2 2 $1,800.00 2. The fccs for the installation of a water mctcr installed by the city and scrvicc installed by thc developer as providcd in this chapter shall bc as followD: Service Sizc Meter Size (in inches) (in inches) 3/~ s/e x 3/2 $so.oo 1 1 $100.00 11/2 11/2 $23~.00 2 2 833~.00 9 February 1999 6 B. For all mctcrs ovcr two inchcs, thc owncr or applicant shall pay a dcposit in thc amount of thc city's cstimatc of thc cost for construction work, and thc work shall bc thcrcaftcr billcd on thc basis of actual cost of installation. Thc applicant shall bc rcfundcd any undcrrun or billcd any ovcrrun of the actual cost ovcr thc cstimatcd cost including administrativc cost. (Ord. ~878 ~ 3, 1996.) 13.06.120 Service pipes - Specifications - Maintenance. All persons connecting to city Services or laying their own private pipe shall be required to use Uniform Plumbing Code approved pipe or pipe approved by the city of Auburn building official. The water division supervisor will maintain services from city mains in streets which are being graded or regraded, or where water mains are being changed, and will have such access on private property as shall be necessary to maintain such services during the work, and shall, as soon as practicable, upon the completion of such work, reconnect the pipes in the street to the owner maintained service pipes. Except for above cause, owners shall maintain their private pipes from the end of the city service to and into their property, or in case the water division supervisor finds it necessary to maintain the same, the owner shall be billed for the actual cost incurred in maintaining the private pipes. (0rd. 4878 § 3, 1996.) 13.06.140 Abandoned services. When new buildings are to be erected on the site of existing buildings and it is desired to increase the size or change the location of the existing service connection, or where a service connection to any premises is abandoned or no longer used for a period of five years, the water division supervisor shall cut out or remove such service connection, after which, should a service connection be required to the premises, a new service shall be placed only upon the owner's making an application and paying for a new tapconnection in the regular manner. When service connection of 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 the premises, the water division supervisor shall, when a main is laid in front of the premises, after notifying the owner or tenant thereof, transfer the service connection to the new main without charge for such portion as is on public property, and at the same time cut out the old service connection. When a new main is laid in any street, owners of premises on the street, or within one-half block on side streets, who are being supplied with city water from a private main or a connection to a private service shall make application for tapservice and shall connect up with a separate service connection to the main in front of premises. (Ord. 4878 § 3, 1996.) 9 February 1999 7 13.06.155 Additional services - Application. It is unlawful for any person whose premises are supplied with' water to furnish water to additional premises unless he first makes and has an approved application in writing and in the same manner as any other original application for the installation of water service. (Ord. 4878 § 3, 1996.) 13.06.165 Additional services - Connection without application - Penalties. When additional premises are connected without the application prescribed in ACe 13.06.155 the service shall be shut off by the water division supervisor. The customer shall have his/her scrvicc billing adjusted to account for thcA fine as described in ACC 13.06.511 shall be imposed for unauthorized water hook additional service provided.up in addition to the service shut off. In case water is turned off as provided in this section, the same shall not be turned on again until all water fees and charges against such premises have been paid in full. (Ord. 4878 § 3, 1996.) 13.06.170 One service connection for several premises. When severalhouses, buildings or premises are supplied or arc planned to be supplied with water through one metered service connection with the city main, the water division supervisor may, in his discretion,either decline to furnish water until separate metered services are provided, or inprovided. In case any one of the owners or occupants becomes delinquent or violates any of the provisions of this chapter, the water division supervisor may shut off the original or main service until all delinquent and unpaid charges and other charges arc paid, and theare paid. The premises supplied by the main service shall be held responsible for all delinquent and unpaid charges against any one or all of the separate owners or users. No change of ownership or occupation shall affect the application of this section. (Ord. 4878 § 3, 1996.) 13.06.180 Water turn on rcquout. Whenever the owner/operator of any premises connected with thc city's water supply system desires to use the ~atcr, he/she shall notify the water division supervisor and request that the water bc turned on to the premises. The owncr's portion of the service shall bc left exposed in the trench until the water is turned on by the water division supervisor, then thc o~mcr shall immcdiatcly covcr thc pipe. (Ord. ~878 § 3, 1996.) 9 February 1999 8 13.06.190 Water turn-on after shut-off. When water has been shut off for delinquent or any cause and is turned on again or allowed or caused to be turned on by the owner/operator,norcmission of rates will be made on account of its having bccn shutoff, and the water division supervisor may then shut off and lock the water at the main, or remove a portion of the service connection in the street, and shall charge tkcmeter. No remission of rates will be made on account of its having been shut off. If the service is turned on after lock out by owner/operator, the water division supervisor may remove a portion of the water service connection, the meter or the service line in the street. Charges as listed in ACC 13.06.511 shall be applied to the meter account for meter removal or actual cost of cutting out andrcinstating the water supply. (Ord. ~878 ~ 3, 1996.) 13.06.200 Unauthoriuod turn on or uhut off. If any person other than an employee or agent of the water division turns the water on or off at the city's stopcock for any reason whatever, the water division supervisor shall cause the water to bc shut off and the water will not bc turned on again until all the delinquent charges against the property have bccn paid and until there has been paid an additional charge of 820.00 for turning off such water scrvicc.reinstalling the water service connection. (Ord. 4878 § 3, 1996.) 13.06.210 Service disconnection. It is unlawful for any owner/operator of any premises connected with the city's water supply system to disconnect the water on the premises unless he first f-i-l-eerequest in the office of the water division cupcrvisor,utility billing office on a printed form to be furnished for that purpose, a written request that the service of water to the premises be discontinued. When the water service has been disconnected from any premises upon application of the owner/operator thereof, or for nonpayment of water charges, or for any other cause, it is unlawful for any person again to connect such premises with the city water utility except when authorized so to do by the water division supervisor.to do so by a designated agent of the water utility. (Ord. 4878 § 3, 1996.) 13.06.220 Damage from water shut-off City nonliability. The city reserves the right at any time to shut off the water supply without notice for emergency repairs and with notice to shut off the water supply for nonemergency, repairs, extensions, nonpayment of fees and charges and payment of city utility bills with insufficient funds checks; and the city shall not be responsible for any damage such as the bursting of boilers supplied by direct pressure, the breaking of any pipes or 9 February 1999 9 fixtures, stoppages or interruption of water supply, or any other damage resulting from the shutting off of water. (Ord. 4878 § 3, 1996.) 13.06.225 Penalties for violations.Charges for returned checks. The city shall impose a $20.00 charge for turning off water pursuant to this section for nonpayment of charges,charge as listed in ACC 13.06.511 for payment of city utility bills with insufficient funds checks, or refusal of access for inspections. (Ord.checks that are returned as unpayable for any reason(Ord. 4878 § 3, 1996.) 13.06.240 Water for construction and building purposes. Water for construction purposes shall be secured in the regular manner and may be charged for at the regular charges for commercial service. All water for building and construction purposes shall be charged against the property and the owner thereof, and all delinquent and unpaid charges therefor shall become a lien upon the premises supplied and be collected in the same manner as other delinquent and unpaid charges for water. {Ord. 4878 § 3, 1996.} 13.06.260 Service premises inspections. Employees or agents of the water division shall have free access at all proper hours of the day to all parts of buildings in which water may bc delivered from the city mains, for the purposc of inspecting thc condition of thc pipco andfor inspection. in keeping with chapter 1.20.010 ACC, where water may be delivered from the city mains. The purpose fixturcs and thc manner in which the water is used. Thc water division may inspect all buildings or premises in or on which water may be delivered from thc city mains for the purposc of discovcring lcaky pipcs or fixturcsof the inspection is to discover leaky pipes, fixtures, cross connections or other conditions causing waste..contamination or unauthorized use of city water, and to serve or cause to be served upon the occupants or owner of any buildings or premises in or on which leaky pipes. fixtures or other conditionspipcs or fixturcs or othcr conditions causing or permitting the contamination, waste or illegal use of city water are found to exist, a written or printed notice, specifying the faulty pipes, fixtures or other conditions, and requiring that such faulty pipcs, fixtures or other conditionsconditions found. The notice shall require that such faulty pipes. fixtures, cross connections or other conditions be properly rcpaircd orrepaired. corrected or eliminated within the period of seven days from and after the service of such notice. No owner/operator having charge of any building or premises shall refuse or prevent the free access and inspection to anye~ such building or premises as in this scction provided, and 9 February 1999 10 forprovided for in chapter 1.20.010 ACC. For any violation of this rule thc watcr nhall bca refusal of turncd off and no rcmain until thc acccn~ iD allowcd and a watcr turn off fccacess fee as provided for in ACC 13.06.22~ has bccn paid.13.06.511 may be charged against the building water meter account. If the leaky or faulty pipes or fixtures or other conditions, mentioned in the written or printed notice served as specified, are not properly repaired or corrected within the period of seven days from the date of service of such written or printed notice, then the water shall be turned off and so remain until such repairs are made or conditions corrected, and a chargc of $20.00 for turning off thc watcr ~hall bcall fees and charges assesed as listed in ACC 13.06.511 and ACC 1.25 are paid. (Ord. 4878 § 3, 1996.) 13.06.270 Fire protection services. Services for fire protection are not required to be metered. If not metered, such services shall only be fitted with such fixtures that are needed for fire protection and shall be entirely disconnected from those fixtures used for other purposes. It shall be mandatory for the installation to be made e4~with an approved water flow alarm, as approved by the water division supervisor and the chief of the Auburn fire department, or his delegate, on each such unmetered service installation. A water flow alarm is not required for residential fire sprinkler systems, such as flow through or combination type, when the residential service is metered and the system is approved by the fire chief or his designee and the water division supervisor. It is unlawful for any person to make connection to any unmetered pipe used for fire service purposes, or any tank connected therewith, nor shall the use of any water be permitted through any fire service nor through any pipes, tanks or other fixtures therewith connected for any purpose except the extinguishing of fire on the premises or with prior test notice to the water division supervisor for fire drill, testing sprinkler systems or fire or tcsting the hosc or scrvicc,service mains, except for approved residential flow through systems or combination type systems that are metered. Upon inspection by the building inspector, water division or fire department personnel,if any service is found to be in violation of above stipulation the owner or operatorwill bc a~coscd a 8100.00 per day chargc an liquidatcd damagcs in addition to thc finc or pcnaltics givcn ~eshall be fined as listed in ACC 13.06.511 in addition to any penalties that may be incured for violations of chapter 1.25 ACC b_Y the person or persons making such unlawful connection or use. (Ord. 4878 § 3, 1996.) 9 February 1999 11 ~ 13.06.275 Fire protection services - Permit required. It is unlawful for any person to install a fire protection service line without first obtaining a permit to do so from the water division supervisor. Thebuilding department. The water utility fee for said permit is fixed at $25.001isted in ACe 13.06.511 and shall be paid to the finance director prior to the issuance of the permit. In addition, a $30.00 fccfee as listed in AQC 13.06.511 will be charged to cover the cost of coliform/purity testing for new services greater than 100 feet in length. (Ord. 4878 § 3, 1996.) 13.06.280 Service charges - Payment dates. A. Effective five days from and after the pasoagc, approval and publication of thc ordinance codificd in this chapter, paymcntPayment for water service charges shall be due and payable to the finance department office 20 days after the billing date appearing on the bill. B. Rate schcdulcs for watcrWater will be billed according to the rates in effect at time of service for those properties inside the city limits, and additional rates shall bc chargcd thosc uscrsincreased rates may be in effect for customers served outside the city limits. (Ord. 4878 § 3, 1996.) 13.06.290 Service charges - Liability - Nonpayment action. All water rates will be charged against the premises for which the service was installed. All charges for water, when the same become delinquent and unpaid, shall be a lien against the premises to which the same has been furnished. ~When case any charges for water become a liendelinquent against any premises, the water shall be shut off until such charges are paid. All applications for turning on water shall be in writing and shall be signed by the owner of the property or his, her, their or its duly authorized agent. (Ord. 4878 § 3, 1996.) 13.06.300 Service charges - Payment delinquency. A. Thirty days after billing date a reminder bill for accounts with outstanding balances will be sent. The reminder will notify the customer that a late fee has been added to the billing as listed in ACe 13.06.511 and the service will be subject to shut off without further notice if not paid within 10 days. Ten days after the notices are sent accounts with outstanding balances will be charged a penalty of one and one half percent per month with a minimum of 85.00 per month.turned off. Service shall not be restored until full payment of the delinquent amount rcccivcd, togcthcr with pcnalty chargcs and turn off fccs pursuant to ACC 13.06.225.together with fees, dharges, £ines or penalties pursuant to ACC 13.06.511 is received. If delinquency payment is not made in time for water pcrsonncl to resume scrvicc 9 February 1999 12 during normal working hourD,by 2 P.M. water service willmay not be turned on until the next normal working day. Bo Failure to receive mail will not be recognized as a valid excuse for failure to pay ratcscharges when due. Change in ownership of property and change in mailing addresses must be filed in writing with the finance department on forms provided for that purpose. (Ord. 4878 § 3, 1996.) 13.06.305 13.06.305 Accounts to be in name of owner/operator or leaseholder. A. All water service accounts shall be kept only in the name of the owner of the premises for which the service was installed. The property owner may request to have water bills mailed to a tenant, lessee, or agent, but this shall not relieve the property owner from liability for water charges incurred. B. Thc watcr division ~upcrvi~or may collcct chargcD ba~cd on actual co~tD, for ~pccial mctcr rcading~ ordcrcd in conncction with propcrty owncr~hip or occupancy changco. (Ord. 4878 § 3, 1996.) 13.06.315 Service charge proration. Upon request from a customer to suspend service to a premises, or for change of customers at a premises, the service billing will be prorated on a daily basis from the end of the last billing period to the date the service is turned off or transferred. If the service is suspcndcd a chargc of $20.00suspended, a convenience charge as listed in ACC 13.06,511 will be added to the billing for turning off the service. Upon renewal of service, or beginning of service which has been transferred, the service billing will be prorated from the date the service is transferred or turned on to the beginning of the next billing period on a daily basis. (Ord. 4878 § 3, 1996.) 13.06.320 Meter - Required. Except for fire protection services as regulated by ACC 13.06.270, a water meter shall be placed on every service to measure the quantity of water used by a consumer. (Ord. 4878 § 3, 1996.) 13.06.330 Meter - Removal prohibited - Damage liability. All meters, unlcss othcrwicc authorizcd by the ~tcr division supcrvisor, shall be and remain the property of the city and will not be removedunlcDo thc usc of watcr on thc prcmioco is to bc cntircly otoppcd or thc scrvicc conncction discontinucd or abandoncd.except by the water division. In all cases where meters are lost, damaged or broken by carclcssncoo orcarelessness. negligence or willful actions of owners/operators of premises, they shall be replaced or repaired by or under the direction of 9 February 1999 13 the water divisionDupcrvi~or and thc cootsupervisor. The actual cost of repairs or replacement of meters will be charged against the owncr/opcrator~, and inowner/operators. In case of nonpayment of fees, fines, charges or penalties the water shall be shut off and will not be turned on until ouch chargc and thc chargc for turning off the waterall charges are paid. (Ord. 4878 § 3, 1996.) 13.06.340 Meter Testing. Any owner/operator who claims that the water meter serving their premises is registering high may make application to the water division supervisor to have such meter tested. Upon the deposit of 827.00the amount listed in ACC 13.06.511 by the owner/operator with the office of the finance director, the water division supervisor shall test. repair or replace such meter to the end that the premises will be served through a correctly registering meter. In case such test shows that the meter was registering high, the$27.00 deposit amount shall be returned by the watcr divioion supcrvi~oroffice of the finance director to the owner/operator. If the test shows that the meter was registering correctly or low, then such deposit shall be at once Faidtransferred into the water fund of the city. (Ord. 4878 § 3, 1996.) 13.06.350 Meter - Operation failure - Charge computation. In the event of a meter being out of order and failing to register properly, the consumer shall be back charged or refunded the difference between the billing volume they were charged for and the average volume of monthly consumption as shown by the meter when the meter was in working order as determined by the city. The maximum period of billing adjustment is three years. (Ord. 4878 § 3, 1996.) 13.06.360 Rates - Generally. Effective fivc days from and after the pasoagc, approval and publication of the ordinancc codificd in this chapter,July 1 1998 the monthly rates for water supplied by meter shall be as follows: __Quantity Chargc per Cuotomcr ClaoD Chargc 100 cubic fcct Singlc family rcoidcntial Multifamily rcsidcntial 12 7B 0.~B Commcrcial 12.7S 0 7~ Manufacturing/industrial 12 7~ 0.7~ Schools 12.7B 0 70 City account~ 12.7B 0 9~ Irrigation only ~.2B 1 10 Wholcsalc ~.2B 0.B9 Ouantity Base Charge per 9 February 1999 14 Customer Class Charge 100 cubic feet Single family residential $6.75 $0 69 Multifamily residential $12 75 $0 73 Commercial S12 75 $0 82 Manufacturing/industrial $12 75 $0 78 Schools S12 75 $0 79 City accounts $12 75 S1 07 Irrigation only S6 25 $1 14 Wholesale S6 25 $0 63 Algona, Pacific,Kent $31 41 $0 63 WD#lll,Covington $336 96 $0 63 Provided, however, that 37 percent shall be added to all rates for water service outside the city limits. City of Auburn utility taxes are included in the monthly rate for all customers except wholesale accounts. Wholesale rates exclude the 37 percent out of city service charge and state excise taxes.- (Ord. 4878 ~ 3, 1996.) 13.06.395 Inordinate fire service charges. Inordinate fire service charges shall be paid by customers with fire flow requirements exceeding the standard fire service provided to single-family zoned areas (1,500 gpm) and other zones (2,500 gpm). The inordinate fire service charge is based on the number of fire equivalent units (FEU) exceeding the standard fire service as determined by the fire marshal. One FEU is equivalent to a fire flow of 1,500 gpm. The inordinate fire service charge is 81.82 pcr month pcr FEU.listed in ACC 13.06,511. (Ord. 4878 § 3, 1996.) 13.06.400 Use or interference with city's equipment. It is unlawful for any person, except when duly authorized by the fire chief, his/her designee or a member of the public works department, 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. (Ord. 4878 § 3, 1996.) If any person other than an employee or agent of the water division turns the water on or off at the city" s stopcock for any reason whatever, the water division supervisor shall cause the water to be shut off. The water will not be turned on again until all the delinquent charges against the property have been paid and until there has been paid an additional charge as described in ACC 13.06.511 for turning on or off such water service. (Ord.4878 ~ 3,1996) 9 February 1999 15 13.06.415 Water use from fire hydrants - Use permit application - Charges. Any person, other than employees of the fire department or public works department, requiring the use of any city hydrant shall make written application in advance for such use to the water division. Upon approval of the application, the water division shall issue a permit for a specified hydrant for a specified period of time. Costs of the water shall be the same as for commercial service. The ratcs for water will bc as providedservice as listed in ACC 13.06.360 through 13.06.370. Tkiswith a minimum billing of one month base charge plus water amount is to bc prepaid at the time of application for the permit.quantity used at current rate. Hydrant gate valves and meters shall be installed on all hydrants used and shall be a~ specified by the water division supervisor.by other than city employees. Only approved hydrant gate valves, meters and wrenches shall be used. Approvcd hydrant wrcnchcsHydrant wrenches, meters and gate valves will be available through the water department at a deposit fee of $150.00. Thcrc will bc an additional deposit fcc of 8~15.00 if it is determined a hydrant meter is required.division. A deposit fee as listed in ACC 13.06.511 shall be required for wrenches, gate valves and meters and shall be collected at the time the equipment is issued. The deposit fee will be returned in full after the hydrant, wrench, valve and meter are inspected and returned in an acceptable condition, and all fees and charges are fully paid. (Ord. 4878 § 3, 1996.) 13.06.425 Water use from fire hydrants - Permittee's responsibilities. It shall be the responsibility of the permittee to use and protect the hydrant and accessories in accordance with the terms of the permit during the permit period, to promptly notify the water division supervisor upon completion of use of the hydrant, and to promptly pay for any damages sustained by city equipment or facilities during the permit period. Upon notification that the permittee has completed use of the hydrant, the water division supervisor shall inspect the hydrant and accessories for damage. If no damage has been done, he shall release the permittee by signature in the designated space on the permit. If damage has been done, he shall compute the cost of required repairs, enter same on all copies of the permit, and forward one copy to the finance director for collection. (Ord. 4878 § 3, 1996.) 9 February 1999 16 ~ 13.06.430 Fire hydrant - Unlawful acts. It is unlawful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt, landscapng or other material, or to open or operate any fire hydrant, or draw or attempt to draw water thcrcfrom, therefrom without a permit or to willfully or carelessly damage or deface the same. (Ord. 4878 § 3, 1996.) 13.06.440 SupplyWater system equipment or facilities damage prohibited. It is unlawful for any person, unless duly authorized by the water division supervisor, to disturb, operate, interfere with or damage any water main, water pipe, valves, machinery, tools, meters or any other appurtenance, building. applianccs, buildings,reservoir, fence, improvements, lawns, grass plots, flowers, vines, bushes or trees belonging to, connected with or under the control of the municipal water supply systemutility of the city. (Ord. 4878 § 3, 1996.) 13.06.450 Reservoir pollution prohibited - Littering supply system grounds. 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 supplyutlity system of the city. (Ord. 4878 § 3, 1996.) 13.06.460 Wetting people on sidewalks prohibited. It is unlawful for any person to willfully place any automatic or manual sprinkling device or willfully to place or hold any hose in such position or manner that water therefrom falls on any person while on any public street or sidewalk. (Ord. 4878 § 3, 1996.) 13.06.490 Violation of Code - Penalty. Any violation of the provisions of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4878 § 3, 1996.) 13.06.510 Fire flow compound water meter - Exemption from charges. Where a fire flow compound water meter exists, no charge will be made for water used in extinguishing fire of incendiary or accidental origin, or fire flow testing orflow causcd by an accidcntal watcr main brcak if the customer at the location where the fire occurs gives written notice to the finance department within 10 days from the time of such usage. Otherwise, all water willmay be billed at the rate provided in ACC 13.06.360 through 13.06.390. (Ord. 4878 § 3, 1996.) 9 February 1999 17 13.06.511 Fees, service charges, ~ines, penalties and damage. A. Service Charge Convenience turn off $25.00 Delinquent turn off fee $25.00 First $95 Second in 12 consecutive month period. Late fee 1% per month of outstanding bill,or S15.00 minimum whichever is greater Unauthorized turn on/off $60.00 Delinquent meter pull $65.00 Unauthorized fire line or water hook up $100.00 a day fine flom date of discovery Fire service line permit $125.00 New hydrant permit S165.00 Inordinate fire service fee $1.82 per FEU per Month Deposit hydrant meter $1,185 wrench. and valve Main extension purity test fee S170.00 Meter test fee. 2" or less. $200.00 Meter test fee greater than 2" At Cost Returned Checks Each $20.00 Refusal of access.per day $30.00 B. Service installation fees. 1. The fees for the installation of water service and meter installed by the city as provided in this chagter shall be as follows: Meter Size Paved Street Unpaved Street (in inches) 5/8 x 3/4 $L 735 $1,020 1 $1,975 $L 115 1-1/2 S2.645 $1.790 2 $2,845 $1.985 2 The fees for the installation of a water meter installed by the city and service installed by the developer as provided in this chapter shall be as follows: 9 February 1999 18 ~ Meter Size Meter only installation (in inches) 5/8 x 3/4 $110.00 1 $175.00 1-1/2 $370.00 2 $485.00 3. For all meters over two inches, the owner or applicant shall pay a deposit in the amount of the city's estimate of the cost for construction work, and the work shall be thereafter billed on the basis of actual cost of installation. The applicant shall be refunded any underrun or billed any overrun of the actual cost over the estimated cost including administrative cost. (Ord. 4878 ~ 3, 1996.) C.Damage to city a]~purtenances Damage to city appurtenances will be billed to the account at actual cost to repair or replace, including labor, material, administrative. overhead and other associated cost. The Finance Director is authorized to waive enforcement of the above £ees,fines,charges and penalties in extenuating circumstances. 9 February 1999 19 ~