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HomeMy WebLinkAbout5849 ORDINANCE NO. 5849 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 13.06 ENTITLED "WATER UTILITY - GENERAL REGULATIONS" FOR THE PURPOSE OF REVISING CODE LANGUAGE TO CLARIFY INTENT WHEREAS, a review of the current code revealed a need to clarify the language throughout the chapter. 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 is amended to read as follows: Chapter 13.06 WATER UTILITY - GENERAL REGULATIONS Sections: 13.06.010 13.06.015 13.06.025 13.06.027 13.06.030 13.06.040 13.06.050 13.06.065 13.06.075 13.06.090 13.06.100 13.06.105 13.06.110 13.06.115 13.06.120 Definitions. Scope and intent. Water utility created. Water system responsibility. Water fund. Authority to establish rates and charqes. Connection - Application. Water service - Generally. Water service - Effective date. Connection - Permission required. Connection - Procedures. Additional services - Application. Additional services - Connection without application - Penalties. One service connection for several premises. Service pipes - Specifications - Maintenance. ------------------------------ Ordinance No. 5849 May 27, 2004 Page 1 13.06.140 13.06.160 13.06.155 13.06.165 13.06.170 13.06.190 13.06.210 13.06.220 13.06.225 13.06.230 13.06.240 13.06.260 13.06.270 13.06.275 13.06.280 13.06.290 13.06.300 13.06.305 13.06.315 13.06.320 13.06.330 13.06.340 13.06.350 13.06.360 13.06.395 13.06.400 13.06.415 13.06.425 13.06.430 13.06.440 13.06.450 13.06.460 13.06.490 13.06.510 13.06.511 AbandolJed services. Charqe in lieu of assessment - Method of computation. /\dditional services Application. Additional services Connection without application Penalties. One service connection for several premises. Water turn on after shut off. Service disconnectionshut off. Damage from water shut off - City nonliability. Charges for returned checks. Water for irri~ation. Water for construction and building purposes. Service premises inspections. Fire protection services. Fire protection services - Permit required. Service charges - Payment dates. Service charges - Liability - Nonpayment action. Service charges - Payment delinquency. Accounts to be in name of owner/operator or leaseholder. Service charge proration. Meter - Required. Meter - Removal prohibited - Damage liability. Meter - Testing. Meter - Operation failure - Charge computation. Rates - Generally. Inordinate fire service charges. Use or interference with city's equipment. Water use from fire hydrants - Use permit application - Charges. \^later use from fire hydrants Permittee's responsibilities. Fire hydrant Unlawful acts. V'/ater system equipment or facilities damage prohibited. Reservoir pollution prohibited Littering supply system grounds. Wetting people on sidewalks prohibited. Violation of code - Penalty. Fire flow compound water meter - Exemption from charges. Fees, service charges, fines, penalties and damage. 13.06.010 Definitions. As used in this chapter: A. "Base chargerate" means the monthly charge for service from the water utility to recover costs incurred by the water utility such as administrative, meter ------------------------------ Ordinance No. 5849 May 27, 2004 Page 2 reading, billing, collection, and fire standby service. Base charge rate does not include charges for water consumption quantity as registered through the required meter. B. "Charqe in lieu of assessment" means a charqe made by the city on property which has not previously participated in the cost of a public water main directly servinq the property. C. "City of Auburn desiqn and construction standards" means the requirements adopted under ACC 12.04 for storm drainaqe, sanitary sewer, street, and water desiqn and construction. ßD. "City services" means a customer class of water services serving the city of Auburn buildings and facilities. GE. "Commercial services" means a customer class of water services serving commercial retail, office facilities, and certain manufacturing/industrial businesses not meeting the requirements of subsection G of this sectionthe manufacturinq/industrial service class of customers. GE. "Customer class" means groups of water service customers who have common characteristics for water use and are grouped for purposes of service and charges. G. "Deduct meter", refer to ACC 13.20.010 for definition. H. "DOH", is the abbreviation for the Washinqton State Department of Health, which is the state aqency that has been qranted authority throuqh formal aqreement with the Environmental Protection Aqency to enforce the requirements of the federal Safe Drinkinq Water Act within the State of Washinqton. I. "Equivalent Residential Unit" (ERU), refer to ACC 13.41.030 for definition. E. "Inordinate fire service" means fire service for facilities with fire flov.' requirements exceeding 1,500 gpm in single family zoned areas and 2,500 gpm in all other areas. J. "Irriqation Meter" means an approved city water meter connected to a public water service to determine the amount of water beinq used for landscape waterinQ. '¡;;;'K. "Irrigation services" means a customer class of water services for the exclusive purpose of outdoor irrigation systems. Gl:. "Manufacturing/industrial service" means a customer class of water services to businesses identified by the water division supervisor city as being engaged in the manufacture of products, materials, equipment, machinery and supplies with a meter size of two inches or larger and a monthly annual average water consumption equal to or greater than 30,000 cubic feet per month. ------------------------------ Ordinance No. 5849 May 27,2004 Page 3 MM. "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. ~N. "Owner/operator" sRaU-mean.§ the owner and/or the person or persons owning or operating the premises served by a water service connection. JO. "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. P. "Purity test" or "coliform/purity test" means collection and analysis of a water sample for presence of coliform bacteria. KQ. "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 of the water utility. bR. "School services" means a customer class of water services to public and private schools and colleges. MS. "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 residential unit. T. "UPC" means the Uniform Plumbinq Code, includinq amendments, as adopted by the city. U. "Utility" means the city of Auburn water utility or water division. N. "\^/ater 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 v..ater division. GV. "Water service" means any connection to the city water utility system and shall be further defined by customer class. PW. "Wholesale services" means water service to other municipal water utilities or public water districts. (Ord. 5216 § 1, 1999; 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 ------------------------------ Ordinance No. 5849 May 27,2004 Page 4 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. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 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. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.027 Water system responsibility. The city shall be responsible for the maintenance and operation of the public water system within public riqhts-of-way and easements UP to and includinq water service meters. The responsibility for the maintenance and operation of the non-public water supply system within private property shall be the property owner's. 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 monies 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 water 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. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.040 Authority to establish rates and charqes. A. The city shall establish by ordinance, rate classifications, service charqes. inspection and permit fees, application and connection fees, and such other fees and charqes necessary and sufficient in the opinion of the city council to pay for the followinq: 1. The costs associated with the development, adoption and implementation of a comprehensive water system master plan; 2. The costs, includinq debt service and related financinq expenses, of the construction and reconstruction of water facilities necessary and required for the acquisition, treatment and distribution of water that benefit the service area but not presently in existence; ------------------------------ Ordinance No. 5849 May 27, 2004 Page 5 3. The operation, repair, maintenance. improvement. replacement and reconstruction of water utility facilities that benefit the service area which presently exists; 4. The costs of monitorinq, inspection. enforcement. and administration of the utility includinq, but not limited to, water samplinq. cross connection control. facilities security. construction inspection, and other activities which are reasonably required for the proper and adequate implementation of the city's water policies. B. The fees and charqes to be paid and collected pursuant hereto shall not be used for qeneral or other qovernmental or proprietary purposes of the city except to pay for the equitable share of the costs of accountinq, manaqement. and qovernment thereof incurred on behalf of the utility. 13.06.050 Connection - Application. Any person desiring to f\aveobtain premises connected \\'ith the water supply system of the city water service shall present submit an application for a utility permit to the citypublic works department a utility permit application, along '.vith a description of lot, block and addition, and the official houGe number and/or address of the premises on which '.vater is desired. Application shall be made upon a printed form to be furnished f{)r that purpose, which shall contain as a minimum the description of the premises where such \~.'ater is desired, and shall Gtate the size of the Gervice meter requoGted and shall be signed by the mvner of the premises to be served, or his duly authorized agent, and shall be filed 'Nith the public 'Norks department. Permit applications must be completed by the applicant and submitted to the city for review, approval and determination of fees. All permits issued under the provisions of this chapter shall be valid for a period of 180 days after the date of application approval. Permits may be extended one time by the city, for a period of 60 days, if an extension is applied for prior to the expiration of the time oriqinally limited in the permit. If the time extension is not requested prior to the expiration of the time oriqinally limited in the permit. an additional fee equal to one-half the oriqinal permit shall be charqed if a time extension is qranted.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 '....ill be completed. Once the permit application has been approved by the public '.vorks departmentcity, the applicant may obtain his/hertheir permit by paying the appropriate permit fees to the finance departmentcity. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) ------------------------------ Ordinance No. 5849 May 27, 2004 Page 6 13.06.065 Water service - Generally. The city council shall establish rates and charges to be paid by a consumer customer 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 receiving the water service. The city reserves the right to temporarily discontinue the service at any time without notice to the consumercustomer. 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 customer from performing the obligations of this chapter. A copy of this chapter may be obtained by all owners of property and consumers customers of the water utility, and shall be considered a part of the conditions of service. (Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.075 Water service - Effective date. Water service charges shall start from the day the premises are connected with the city's water service meter. The water will be turned on at the time the water meter is installed. At the time water is turned on, service charges for sanitary sewer and storm drainage shall also begin as applicable. (Ord. 5216 § 1, 1999; 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 ~facility belonging to the water utility without first obtaining permission in the form of an approved application utility permit for service from the public 'Norks department and payment of all associated fees and charges. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) ------------------------------ Ordinance No. 5849 May 27, 2004 Page 7 13.06.100 Connection - Procedures. Connections to the public water system shall be made in accordance with city of Auburn desiqn and construction standards. Upon the presentation of a paid receipt for permit, the water division supervisor shall cause the premises deE;cribed in the permit, if the same abut upon a street upon 'Nhich there is a city 'Nater main, to be connected '.vith the city's 'Nater main by a E;ervice pipe extending at right angles from the main to the meter set and including a tailpiece of not over t\vo feet in length. This connection shall thereafter be maintained by and kept within the exclusive control of the city. The meter set 'Nill be installed inside the utility right of way. In case of permit application for water service of a single premises not abutting upon a street v/here there is a city water main, the city may 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 'NiII be installed at the expense of, and maintained by, the owner of the service property. A facility extension agreement to extend the 'Nater main to more than one property not having a city water main abutting the property may be required. Where there is a water main abutting any premises, every single family house must have its own separate metered service connection with the city water main to be supplied by city 'Nater. The premises so supplied with metered city water will not be allowed to supply 'Nater to any other premises except in an emergency situation, with prior permission of the 'Nater division supervisor. Such restrictions shall not apply to water services already installed unless in the judgment of the '.vater division supervisor, for the good of the water service, or to settle disputes, it is found necessary to enforce such provisions as to connections already made. (Ord. 5216 § 1,1999; Ord. ~878 § 3,1996.) 13.06.105 Additional services - Application. It is unlawful for any person whose premises are supplied with water to furnish water to additional premises unless they first make and have an approved application in writinq and in the same manner as any other oriqinal application for the installation of water service. (Ord. 5216 & 1, 1999; Ord. 4878 & 3, 1996.) 13.06.110 Additional services - Connection without application - Penalties. When additional premises are connected without the application prescribed in ACC 13.06.105 the service shall be shut off by the city. A fine as described in ACC 13.06.511 shall be imposed for unauthorized water hook up in addition to the service shut off. In case water is turned off as provided in this section, the ------------------------------ Ordinance No. 5849 May 27,2004 Page 8 same shall not be turned on aqain until all water fees and charqes aqainst such premises have been paid in full. (Ord. 5216 ~ 1, 1999; Ord. 4878 ~ 3, 1996.) 13.06.115 One service connection for several premises. When several buildinqs or premises are supplied or are planned to be supplied with water throuqh one metered service connection with the city main. the city may, in their discretion, decline to furnish water until separate metered services are provided. In case anyone of the owners or occupants becomes delinquent or violates any of the provisions of this chapter, the city may shut off the oriqinal or main service until all delinquent and unpaid charqes are paid. The premises supplied by the main service shall be held responsible for all delinquent and unpaid charqes aqainst anyone or all of the separate owners or users. No chanqe of ownership or occupation shall affect the application of this section. (Ord. 5216 ~ 1, 1999; Ord. 4878 ~ 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 CodeUPC approved pipe or pipe approved by the city of Auburn building official havinq jurisdiction. The water division supervisor city 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 city finds it necessary to maintain the same, the owner shall be billed for the actual cost incurred in maintaining the private pipes. (Ord. 5216 § 1, 1999; Ord. 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 city sRaU may 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 connection in the regular manner, reqardless if the service was disconnected or not. When service connection of any premises on an unpaved street does not exceed one ------------------------------ Ordinance No. 5849 May 27,2004 Page 9 inch in size and the same does not come from the main in front of the premises, the water division supervisor city 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 service and shall connect up with a separate service connection to the main in front of premises. (Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.160 Charqe in lieu of assessment - Method of computation. Property that has not previously paid for water lines abuttinq their property may be connected to the abuttinq water line; provided, that all such property shall pay a charqe in lieu of assessment. The city will determine the charqe in lieu of assessment amount based on the property's proportional share of the calculated cost for the water line. 13.06.155 Additional services Application. It is unla'.vful for any person \'..hose premises are supplied with 'Nater to furnish water to additional premises unless he first makes and has an approved application in writing and in the same manner aG any other original application for the installation of water service. (Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.165 Additional services Connection 'Nithout application Penalties. Whon additional premises are connected without the application prescribed in ACC 13.06.155 the service shall be shut off by the 'Nater diviGion supervisor. !\ fine as described in ACC 13.06.511 shall be imposed for unauthorized water hook 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 'Nater fees and charges against such premises have been paid in full. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.170 One service connection for Ge'leral premises. \Nhen several buildings or premises are Gupplied or are planned to be Gupplied with '.vater through one metered service connection with the city main, the '.vater division supervisor may, in his discretion, decline to furnish '....ater until separate metered servicos are provided. In caGe anyone of the owners or occupants becomes delinquent or violates any of the provisions of this chapter, the \Nater division supervisor may shut off the original or main service until all delinquent and unpaid charges are paid. The premises supplied by the main service shall ----------------------------- Ordinance No. 5849 May 27, 2004 Page 10 be held responsible for all delinquent and unpaid charges against anyone or all of the separate ownem or Users. No change of ownership or occupation shall affect the application of this section. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.190 Water turn on after shut off. When water has been shut off for delinquent non-payment or any cause and is turned on again or allowed or caused to be turned on by the owner/operatorwithout city approval, the water division supervisor city may then shut off and lock the water meter. 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 '.vater division supervisor city 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 and reinstalling the water service connection. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.210 Service disconnectionshut off. It is unlawful for any owner/operator of any premises connected with-to the city's water supply system to disconnect shut off the water eR-to the premises unless Re.-the owner first makes a requests in the office of the utility billing office on a printed f-orm to be furnished for that purpose, a written request to the city that the service of water to the premises be discontinuedshut off. When the water service has been disconnected shut off 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 turn on the city water to such premises '.vith the city water utility except when authorized to do so by a designated agent of the water utility city. (Ord. 5216 § 1, 1999; 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 fixtures, stoppages or interruption of water supply, or any other damage resulting from the shutting off of water. (Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) ------------------------------ Ordinance No. 5849 May 27, 2004 Page 11 13.06.225 Charges for returned checks. The city shall impose a charge as listed in ACC 13.06.511 for payment of city utility bills with checks that are returned as unpayable for any reason. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.230 Water for irriqation. Irriqation water, for use by non sinqle-family residential customers, shall be provided throuqh an irriqation meter installed in accordance with the city of Auburn desiqn and construction standards. Irriqation water shall be billed at the irriqation only rate identified in ACC 13.06.360. Deduct meters, as defined in ACC 13.20, shall not be used to supply water for irriqation. 13.06.240 Water for construction and building purposes. Water for construction purposes shall be secured in the regular manner and mayaccordance with city policies and quidelines and will be charged for at the regular chargesrate 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. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.260 Service premises inspections. Employees or agents of the water divisioncity shall have fFee-access at-aU proper hours of the day to all parts of buildings for inspection, in keeping with ACC 1.20~, where water may be delivered from the city mains. The purpose of 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 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 found. The notice shall require that such faulty pipes, fixtures, cross connections or other conditions be properly repaired, 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 fFee-access and inspection to any such building or premises as provided for in ACC 1.20.010. For any violation of this rule a refusal of access fee as provided for in ACC 13.06.511 may be charged against the building water meter account. ------------------------------ Ordinance No. 5849 May 27,2004 Page 12 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 all fees and charges assessed as listed in ACC 13.06.511~ and Chapter ACC 1.25 AGG-and the city of Auburn Fee Schedule are paid. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.270 Fire protection services. Services for fire protection are Ret-required to be meteredinstalled with the proper backflow assembly device with a metered bypass. 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 f-or other purposes. It shall be mandatory for the installation to be made with an approved water flow alarm, as approved by the '.vater division supervisor city and the chief of the Auburn fire department, or .t:Hs--their 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 .t:Hs--their designee and the 'Nater division supervisorcity. 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 city for fire drill, testing sprinkler systems or fire service mains, except for approved residential flow through systems or combination type systems that are metered. Upon inspection by the building inspector, '.vater division or fire department personnelcity, any service is found to be in violation of above stipulation the owner or operator sRaU-may be fined as listed in ACC 13.06.511 in addition to any penalties that may be incurred for violations of Chapter ACC 1.25 AGG-by the person or persons making such unlawful connection or use. (Ord. 5216 § 1,1999; Ord. 4878 § 3, 1996.) 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 building departmentcity. The water utility fee for said permit is listed in the city of Auburn Fee Schedule. ACC 13.06.511 and shall be paid to the finance director city prior to the issuance of the permit. In addition, a fee as listed in ACC 13.06.511the city of Auburn Fee Schedule ------------------------------ Ordinance No. 5849 May 27,2004 Page 13 will be charged to cover the cost of coliform/purity testing for new services greater than 100 feet in length. (Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.280 Service charges - Payment dates. A. Payment 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. Water will be billed according to the rates in effect at time of service for those properties inside the city limits, and increased rates may be in effect for customers served outside the city limits. (Ord. 5216 § 1,1999; 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 any charges for water become delinquent against any premises, the water shall be shut off until such charges are paid. /\11 application& f-or 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. 5216 § 1,1999; 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 ACC 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 turned off. Service shall not be restored until full payment of the delinquent amount together with fees, charges, fines or penalties pursuant to ACC 13.06.511 is received. If delinquency payment is not made by 2:00 p.m. water service may not be turned on until the next normal working day. B. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges when due. Change It is the responsibility of the property owner to provide notification of chanqes in ownership of property and change in mailing addresses must be filed in writing '.\lith the finance department on forms provided for that purposeprovided to the city. (Ord. 5216 § 1,1999; Ord. 4878 § 3, 1996.) ------------------------------ Ordinance No. 5849 May 27,2004 Page 14 13.06.305 Accounts to be in name of owner/operator or leaseholder. 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. A current tenant release form must be on file with the city for a property owner to have water bills mailed to a tenant, lessee, or aqent. (Ord. 5216 § 1, 1999; 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 suspended, 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. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.320 Meter - Required. Except f-or fire protection services as regulated by /\CC 13.06.270, aA water meter shall be placed on every service to measure the quantity of water used by a consumercustomer. (Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.330 Meter - Removal prohibited - Damage liability. All meters shall be and remain the property of the city and will not be removed except by the water divisioncity. In all cases where meters are lost, damaged or broken by carelessness, negligence or willful actions of owners/operators of premises, they shall be replaced or repaired by or under the direction of the 'Nater division supervisorcity. The actual cost of repairs or replacement of meters will be charged against the owners/operators. In case of nonpayment of fees, fines, charges or penalties, the water shall be shut off and will not be turned on until all charges are paid. (Ord. 5216 § 1, 1999; 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 city to have such meter tested. Upon the deposit of the amount listed in the city of Auburn Fee Schedule I\CC 13.06.511 by the owner/operator with the office of ------------------------------ Ordinance No. 5849 May 27,2004 Page 15 the finance diroctorcity, the water division supervisor city shall test, repair or replace such meter to the end that the premises will be served through a correctly registeringproperly functioninq meter. In case such test shows that the meter was over registering~, the deposit amount shall be returned by the office of the finance directorcity to the owner/operator. If the test shows that the meter was properly functioninq or registering correctly or low, then such deposit shall be at once transferred into the water fund of the city. (Ord. 5216 § 1, 1999; 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 proper working order as determined by the city. The maximum period of billing adjustment is three years. (Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.360 Rates - Generally. Effective July 1, 2002, the monthly rates for water supplied by meter shall be as follo'Ns: Customer Class Base Charge Quantity Charge per 1 OOcubic feet (ccf) Single family residential $6.95 $1.40 0 7 ccf $1.60 7.01 15 ccf $1.85 >15 ccf Multifamily residential $20.44 $1.44 Commercial $20.95 $1.65 Manufacturing/industrial $20.90 $1.35 Schools $20.58 $1.55 City accounts $20.95 $2.15 Irrigation only $6.25 $1.85 \^.'holesale Algona $32.36 $1.06 \^lD #111 (and Covington) $175.00 $0.70 1.5 mgd "take or pay" $1.85 summer over 1.5 mgd $0.80 winter over 1.5 mgd Provided, hO'Never, that 37 percent shall be added to all rates f-or '.vater service outside the city limits. City of Auburn utility taxes are included in the monthly rate for all customers except '.vholesale accounts. VVholesale rates exclude the 37 percent out of city service charge and state excise taxes. ------------------------------ Ordinance No. 5849 May 27,2004 Page 16 Effective as of the first full billing cycle after January 1, 2003, the monthly rates for water supplied by meter shall be as follows: Customer Class Base ChargeRate Quantity Charge per 100cubic feet (ccf) Single-family residential Multifamily residential Commercial Man ufactu ring/i nd ustrial Schools City accounts Irrigation only Wholesale Algona WD #111 and Covington $1.40 0 - 7 ccf 7.01 -15 ccf > 15 ccf $1 .44 $1.65 $1.35 $1.55 $2.15 $1.85 $6.95 $1.60 $1.85 $20.44 $20.95 $20.90 $20.58 $20.95 $6.25 $32.36 $175.00 $1.06 $0.75 1.5 mgd "take or pay" $2.00 summer over 1.5 mgd $0.85 winter over 1.5 mgd Provided, however, that 50 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 50 percent out of city service charge and state excise taxes. (Ord. 5712 § 2, 2002; Ord. 5669 § 2, 2002; Ord. 5664 § 2,2002; Ord. 5618 § 2, 2002; Ord. 5291 § 2,1999; Ord. 5216 § 1, 1999; Ord. 4878 § 3,1996.) Effective as of the first full billing cycle after January 1, 2004, the monthly rates for water supplied by meter shall be as follows: Customer Class Base ChargeRate Quantity Charge per 100 cubic feet (ccf) $6.95 $1.40 0 - 7 ccf 1.607.01-15 ccf Single Family residential 1.85 Multi-Family residential Commercial Man ufactu ring/I ndustrial > 15 ccf 20.44 20.95 20.90 1.44 1.65 1.35 ------------------------------ Ordinance No. 5849 May 27, 2004 Page 17 Schools City Accounts Irrigation Only Wholesale Algona WD #111 and Covington 20.58 20.95 6.25 1.55 2.15 1.85 32.36 175.00 1.06 0.80 1.5 mgd "take or pay" 2.10 summer over 1.5 mgd 0.90 winter over 1.5 mgd Provided, however, that 50 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 50 percent out of city service charge and state excise taxes. (Ord. 5669 § 2, 2002; Ord. 5664 § 2, 2002; Ord. 5618 § 2, 2002; Ord. 5291 § 2, 1999; Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) Effective as of the first full billing cycle after January 1, 2005, the monthly rates for water supplied by meter shall be as follows: Customer Class Base ChargeRate Quantity Charge per 100 cubic feet (ccf) $6.95 $1.40 0 - 7 ccf 1.607.01-15 ccf Single Family residential 1.85 Multi-Family residential Commercial Manufacturing/I ndustrial Schools City Accounts Irrigation Only Wholesale Algona WD #111 and Covington > 15 ccf 20.44 20.95 20.90 20.58 20.95 6.25 1.44 1.65 1.35 1.55 2.15 1.85 32.36 175.00 1.06 0.85 1.5 mgd "take or pay" 2.20 summer over 1.5 mgd 0.95 winter over 1.5 mgd Provided, however, that 50 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 ----------------------------- Ordinance No. 5849 May 27,2004 Page 18 50 percent out of city service charge and state excise taxes. (Ord. 5669 § 2, 2002; Ord. 5664 § 2,2002; Ord. 5618 § 2, 2002; Ord. 5291 § 2,1999; Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.395 Inordinate fire service charges. Inordinate fire service charges shall be paid by customers with fire flo'N 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. Ono FEU is equivalent to a fire flow of 1,500 gpm. The inordinate fire service charge is listed in /\CC 13.06.511. (Ord. 5216 § 1 1999; Ord. -1878 § 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/hertheir designee or a member of thean authorized city employee public '....orks 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. If any person other than an employee or agent of the \,Nater divisioncity turns the water on or off at the city's stopcock for any reason whatever, the 'A'ater division supervisor city 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. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.415 Water use from fire hydrants - Use permit application - Charges. Any person, other than authorized city employees of the fire department or public '....orks department, requiring the use of water from any city hydrant shall obtain authorization in the form of a hydrant meter use permit.make 'Nritten application in advance for such use to the water division. Upon approval of the application, the 'Nater 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 as listed in l\CC 13.06.360 with 3 minimum billing of one month base charge plus '/later quantity uses at current rate. Hydrant gate yalves and meters shall be installed on all hydrants used by other than city employees. Only approved hydrant gate valves, meters and 'Nrenches shall be used. Hydrant wrenches, meters and gate valves will be available through the water division. /\ deposit fee as listed in ACC 13.06.511 shall be required for '....renches, gate ------------------------------ Ordinance No. 5849 May 27, 2004 Page 19 valves and meters and shall be collected at the time the equipment is issued. The deposit fee '.viII 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. 5216 § 1, 1999; 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 v..ater division supervisor shall inspect the hydrant and accessories f-or 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. 5216 § 1, 1999; Ord. 4878 § 3,1996.) 13.06.430 Fire hydrant Unlawful acts. It is unla'.vful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt, landscaping or other material, or to open or operate any fire hydrant, or draw or attempt to draw '.vater therefrom without a permit or to willfully or carelessly damage or deface the same. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) 13.06.440 'Nater system equipment or facilities damage prohibited. It is unla'Nful for any person, unless duly authorized by the '¡vater division supervisor, to disturb, operate, interfere with or damage any water main, water pipe, valves, machinery, tools, meters or any other appurtenance, building, reservoir, fence, improvements, lawns, grass plots, flo'...'ers, vines, bushes or trees belonging to, connected with or under the control of the municipal water utility of the city. (Ord. 5216 § 1, 1999; Ord. 4878 § 3,1996.) 13.06.450 Reservoir pollution prohibited Littering supply system grounds. It is unla'.vful for any person to bathe in, or thrO'.\' any substance into any reservoir, or place any foreign substance upon any grounds belonging to, connected '.vith or under the control of the municipal water utility system of the city. (Ord. 5216 § 1, 1999; Ord. 4878 § 3, 1996.) ------------------------------ Ordinance No. 5849 May 27, 2004 Page 20 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. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.490 Violation of code - Penalty. Any violation of the provisions of this chapter sRaU-may be enforced pursuant to the provisions of Chapter ACC 1.25-AGG. (Ord. 5216 § 1, 1999; 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 ª-.fire of incendiary or accidental origin, or fire flow testing Gf-if the customer at the location where the fire occurs gives written notice to the finance departmentcity within 10 days from the time of such usage. Otherwise, all water may be billed at the rate provided in ACC 13.06.360. (Ord. 5216 § 1,1999; Ord. 4878 § 3,1996.) 13.06.511 Fees, service charges, fines, penalties and damage. A. Service Charge. Hydrant meter 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. -Charge $25.00 $25.00 $25.00 Service Convenience tum-shut off Delinquent tum-shut off-fee first offense, $95.00 second offense in 12 consecutive month period Late feecharqe $95.00 1 % per month of outstanding bill or $15.00 minimUm, whichever is greater ------------------------------ Ordinance No. 5849 May 27,2004 Page 21 Unauthorized turn on/off Delinquent meter pull- Unauthorized fire line or water hook up $60.00 $65.00 $100.00 a day fine from date of discovery Per City Fee Schedule Per City Fee Schedule Per City Fee Schedule Fire service line permit Now hydrant permit Inordinate fire service fee per FEU per month Deposit hydrant meter, wrench and valve Main extension purity test fee Meter test fee, 2" or less Meter test fee greater than 2" Returned checks each Refusal of access per day Per City Fee Schedule Per City Fee Schedule Per City Fee Schedule Per City Fee Schedule $20.00 $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 chapter shall be as follmvs:Water service installation fees shall be as shown in the City of Auburn Fee Schedule as adopted by Ordinance 5707. and any amendments thereto. Meter Size Paved Unpaved (in inches) Street Street 5/8 x 3/4 Per City Fee Schedule Per City Fee Schedule 1 Per City Fee Schedule Per City Fee Schedule 1 1/2 Per City Fee Schedule Per City Fee Schedule 2 Per City Fee Schedule Per City Fee Schedule 2. The fees f{)r the installation of a water meter installed by the city and service installed by the de'.'eloper as provided in this chapter shall be as follo'Ns: Meter Size Meter Only (in inches) Installation 5/8 x 3/4 Per City Fee Schedule 1 Per City Fee Sohedule 1 1/2 Per City Fee Schedule 2 Per City Fee Schedule ----------------------------- Ordinance No. 5849 May 27, 2004 Page 22 3. For all meterG over two inches, the owner or applicant shall pay a deposit in the amount per the City of Auburn Fee Schedule. C. Damage to City Appurtenanceso_ 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 fees, fines, charges and penalties in extenuating circumstances. (Ord. 5216 § 1, 1999.) Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this ordinance. Section 3. 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 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. ------------------------------ Ordinance No. 5849 May 27,2004 Page 23 ATTEST: ¡Q ~/ (\ ¡/ iát,ù;"¿L:{ ~J Danielle Daskam City Clerk Published: (Q l z" sf 0 + . ------------------------------ Ordinance No. 5849 May 27,2004 Page 24 INTRODUCED: PASSED: APPROVED: JUN 2 1 20114 JUN 2 1 2004 JUN ~O. ~ ,- ~---- , PETER B. LEWIS MAYOR ~- "'--=--- .:::.