HomeMy WebLinkAbout02-22-2005 ITEM VIII-A-1CITY OF
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AGENDA BILL APPROVAL FORM
Agenda Subject: Ordinance No. 5889
Date: January 31, 2005
Department:
Attachments:
Budget Impact:
Public Works
Ordinance No. 5889
$ 0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5889.
Background Summary:
Ordinance No. 5889 amends Auburn City Code Title 13,
"Water, Sewers and Public Utilities" for the
purpose of adding assessments for hydrant meter assembly
permit violations and penalties.
W0222-3
04.11
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑Building ❑ M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire ❑ Planning
❑ Park Board ®Public Works
® Legal ❑ Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No
Call for Public Hearing
Referred to Until
Tabled Until —/—!_
Councilmember: Wa nerStaff:
Dowd
MeetingDate: February22, 2005
Item Number: VIII.A.1
AUBURN * MORE THAN YOU IMAGINED
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, Any-gMviolation of the provisions of this
chapter may be enforced pursuant to the provisions of Chapter 1.25 ACCO
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
(Ord. 5849 § 1, 2004; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.)
Ordinance No. 5889
January31, 2005
Page 1
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
Charge
Convenience shut off
$25.00
Delinquent shut off
first offense,
$25.00
second offense in 12
consecutive
month period
$95.00
Late charge
1 % per month
of outstanding
bill or $15.00
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
from date
of discovery
Returned checks each
$20.00
Refusal of access per day
$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
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 Type A Permits allow
withdrawal of water from dedicated hydrants Type B Permits allow withdrawal
of water from non -dedicated hydrants by customers using a City supplied
hydrant meter with RPBA assembly.
In addition to any other penalties fees or costs enforceable for any of the below
listed violations the following assessments shall be imposed.
Permit Violation Penalty
Type
A Hydrant meter wrench loss or damage
B Hydrant meter with RPBA assembly loss
or damage
A Failure to record "Start" read properly
A Failure to record "Finish" read properly
A Failure to Submit Monthly Water
Consumption Report to the City
A and B Non -Payment of bill within 10 calendar
days of reminder notice
B Non -Return of Hydrant Meter with RPBA
Assembly after Request for Return
A and B Using a Hydrant Without Hydrant
Operator Training Documentation on
Hand
Ordinance No. 5889
January 31, 2005
Page 3
30.00
$1.385.00 maximum
ep nalty
$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
A and B Using a Hydrant Without Operator
Training Documentation
A and B Using a Hydrant Without Permit
Documentation on Hand
A and B Using a Hydrant Without Permit
Documentation
B Loaning Out a Hydrant Meter with RPBA
Assembly to an Unauthorized Party
A and B Using a Tool Other Than the City
Supplied Hydrant Wrench to Operate a
Hydrant
A and B Damage to Hydrant or Infrastructure
A and B Non -Response to Revocation of Permit
or Trained Hydrant Operator Certificate
A and B Disassembly or tampering of Hydrant,
Hydrant Meter Assembly or Hydrant
Meter with RPBA Assembly
$250.00 maximum
penalty, per day,
location, violator and
incident
$50.00 per day, location,
violator and incident
$250.00 maximum
penalty, per day,
location, violator and
incident
$250.00 maximum
penalty, per day,
location, violator and
incident
$50.00 per day, location,
violator and incident
Complete reimbursement
to the city for repair or
replacement
$10.00 per calendar day
$250.00 maximum
penalty, per day,
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 violationVielatien of the
provisions of this chapter is an infraction, subject to penalties in accordance
with ACC 1.25.050_
B Any conduct that constitutes trespass damage 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:
PASSED:
APPROVED:
ATTEST:
Danielle Daskam
City Clerk
APPROVED AS TO FORM:
Ordinance No. 5889
January 31, 2005
Page 5
PETER B. LEWIS
MAYOR
Published:
Ordinance No. 5889
January 31, 2005
Page 6