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Home My WebLink About5889 ORDINANCE NO. 5889 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE TITLE 13 ENTITLED "WATER, SEWERS AND PUBLIC UTILITIES" FOR THE PURPOSE OF ADDING ASSESSMENTS FOR HYDRANT METER ASSEMBLY PERMIT VIOLATIONS AND PENALTIES WHEREAS, protection of the municipal water supply and distribution system requires that fire hydrant use be regulated by the City; and WHEREAS, the City is engaged in regulating the use of fire hydrants by persons not employed by the City through a permit system; and WHEREAS, it is advantageous for the City to assess costs for certain violations of said system, in addition to other penalties and fines applicable thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 13.06 of the City of Auburn Code, entitled "Water Utility - Regulations Generally", is amended to read as follows: 13.06.490 Violation of code - Penalty. Except as otherwise provided herein. ARy-ª-.QY...violation of the provisions of this chapter may be enforced pursuant to the provisions of Chapter 1.25 ACC~ Provided that the unlawful use or misappropriation of water or other services or materials shall constitute theft as provided in Title 9 ACC, and is punishable accordinQly. It is further provided that any enforcement under Title 9 or Chapter 1.25 ACC shall be in addition to applicable utility rate, fees and/or charQes. (Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) ------------------------ Ordinance No. 5889 January 31, 2005 Page 1 r Section 2. That Chapter 13.06 of the City of Auburn Code, entitled "Water Utility - Regulations Generally", is amended to read as follows: 13.06.511 Fees, service charges, fines, penalties and damage. A. Service Charge. Hydrant meter assembly deposits and fees for fire protection service line permits, hydrant permits, purity tests, and meter tests shall be as shown in the city of Auburn Fee Schedule. Service Convenience shut off Delinquent shut off first offense, second offense in 12 consecutive month period Late charge Charge $25.00 $25.00 Unauthorized turn on/off Delinquent meter pull Unauthorized fire line or water hook up $95.00 1 % per month of outstanding bill or $15.00 minimum, whichever is greater $60.00 $65.00 Returned checks each Refusal of access per day $100.00 a day fine from date of discovery $20.00 $30.00 B. Service Installation Fees. Water service installation fees shall be as shown in the City of Auburn Fee Schedule as adopted by Ordinance 5707, and any amendments thereto. -------------------------- Ordinance No. 5889 January 31, 2005 Page 2 r C. Damage to City Appurtenances. 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 costs. The finance director is authorized to waive enforcement of the above fees, fines, charges and penalties in extenuating circumstances. (Ord. 5216 § 1, 1999.) D. Hydrant Meter Assessments Use of water from a City hydrant requires a City permit. Tvpe A Permits allow withdrawal of water from dedicated hvdrants. Type B Permits allow withdrawal of water from non-dedicated hydrants by customers usinQ a City supplied hvdrant meter with RPBA assembly. In addition to any other penalties, fees or costs enforceable for any of the below listed violations, the followinQ assessments shall be imposed. Permit ~ Violation A B Hydrant meter wrench loss or damaQe Hydrant meter with RPBA assembly loss or damaQe Failure to record "Start" read properly A A Failure to record "Finish" read properly A Failure to Submit Monthly Water Consumption Report to the City Non-Payment of bill within 10 calendar days of reminder notice Non-Return of Hydrant Meter with RPBA Assembly after Request for Return UsinQ a Hydrant Without Hydrant Operator TraininQ Documentation on Hand A and B B A and B ---------------------------- Ordinance No. 5889 January 31, 2005 Page 3 Penalty $30.00 $1.385.00 maximum penalty $250.00 maximum penalty, per day, location, violator and incident $250.00 maximum penalty, per day, location, violator and incident $10.00 per calendar day $10.00 per calendar day $10.00 per calendar day $50.00 per day, location, violator and incident r A and B UsinQ a Hydrant Without Operator $250.00 maximum TraininQ Documentation penalty, per day, location, violator and incident A and B UsinQ a Hydrant Without Permit $50.00 per day, location, Documentation on Hand violator and incident A and B UsinQ a Hydrant Without Permit $250.00 maximum Documentation penalty, per day, location, violator and incident B LoaninQ Out a Hydrant Meter with RPBA $250.00 maximum Assembly to an Unauthorized Party penalty, per day, location, violator and incident A and B UsinQ a Tool. Other Than the City $50.00 per day, location, Supplied Hydrant Wrench to Operate a violator and incident Hydrant A and B DamaQe to Hydrant or Infrastructure Complete reimbursement to the city for repair or replacement A and B Non-Response to Revocation of Permit $10.00 per calendar day or Trained Hydrant Operator Certificate A and B Disassembly or tamperinQ of Hydrant. $250.00 maximum Hydrant Meter Assembly or Hydrant penalty, per day, Meter with RPBA Assembly location, violator and incident Section 3. That Chapter 13.12 of the City of Auburn Code, entitled "Protection of Water Supply", is amended to read as follows: 13.12.090 Violation - Penalty. A. Except as otherwise provided herein, any violationViolation of the provisions of this chapter is an infraction, subject to penalties in accordance with ACC 1.25.050c B. Any conduct that constitutes trespass, damaQe to or destruction of public property, theft of services or theft of property, shall be punishable criminally in accordance with RCW 9A or Title 9 of the City Code. (Ord. 5851 § 1, 2004; Ord. 5683 § 34, 2002; 1957 code § 10.12.050.) ------------------------- Ordinance No. 5889 January 31, 2005 Page 4 Section 4. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 5. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provision to other persons or circumstances shall not be affected. Section 6. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: FEB 2 2 2005 PASSED: FEB 2 2 2005 2 2005 ~ ---- PETER B. LEWIS MAYOR ATTEST: /'\ I [\ If A¿/i;£:;x ~ Danielle Daskam City Clerk APPROVED AS TO FORM: ------------------------------ Ordinance No. 5889 January 31, 2005 Page 5 ~. /,u, /' /) .I,' .,' ) " /// /' / .\.-/-;!A-' ...... f /y' ( / '. ". / . " ~'- . / /" /\'- '. - I D i . Held'", City Attorney Published: ",,2/';¿ 7 Jó:S' I t- --------------------------- Ordinance No. 5889 January 31,2005 Page 6 ( ( "-'