Chapter 13.04
WATER SYSTEM REGULATIONS
Sections
13.04.030 Water accounts—delinquency—penalty—confidentiality of customer records
13.04.040 Supplying others—permit required
13.04.050 Several properties supplied by one connection
13.04.060 Connection—application when—cost computation
13.04.065 Connection—standards
13.04.070 Connection—repair responsibility
13.04.080 Excavation—permit required
13.04.090 Connection—from main to premises
13.04.100 Turn on, turn off authority
13.04.110 Depth of pipes leading from curb cock to premises
13.04.120 Charges for vacant premises
13.04.130 Shut off without notice
13.04.140 Access to curb cocks and meters
13.04.160 Rates—established by council
13.04.170 Service discontinuance for noncompliance
13.04.173 Water waste—cutoff without recourse
For statutory provisions regarding rates and charges for public utilities, see AS 29.35.070.
13.04.010 Connection required
Every owner of property or a residence using or having occasion to use water in an area served by the city water utility, on those premises whether leased, used, occupied, or owned, shall establish a connection with the nearest city water main in the manner and following the procedure hereinafter set forth in this chapter; provided, however, that this provision shall have no application as to any person where the property line of the premises in question lies more than 150 feet from the nearest water main. [Ord. 1035, 1996; Ord. 601 §1, 1981]
13.04.020 Water applications
Applications for the use of water must be made at the finance department, the applicant agreeing to conform to all rules and regulations and any modifications thereof that may be established from time to time as a condition for the use of water. [CCK §5.8.2]
Code reviser’s note: This section has been changed to conform with amendment to KCC 13.04.060 enacted by Ord. 861 §2.
13.04.030 Water accounts—delinquency—penalty—confidentiality of customer records
(a) All accounts for water will be kept in the name of the owner, who will be liable for payment of all city of Kodiak water utility accounts, and must be paid on or before the fifteenth day of each current month. All accounts not paid by the fifteenth day of each month are defined as delinquent accounts and subject to the penalty for delinquency.
(b) All accounts for water will be kept in the name of the owner, and must be paid on or before the fifteenth day of each current month. Accounts that have not been paid by the twentieth day of each month will be placed on the delinquent list and will be subject to being disconnected. All disconnected water service shall be charged in accordance with the required fee(s) established by resolution or motion of the city council. “Disconnect” shall mean a physical or interrupted service disconnection or an administrative disconnect, which is a finance department shut-off notice transmitted to the public works department for interruption of service to delinquent accounts.
(c) Except in connection with official investigations or proceedings of the city, whether judicial or administrative, involving delinquent accounts, or as otherwise authorized by subsection (d) of this section, no officer, employee, or agent of the city may divulge any information disclosed in customer account records kept under this chapter. The prohibition of this section shall not prohibit the preparation and use of statistical summaries of customer data that do not disclose customer identities.
(d) Notwithstanding the foregoing subsection (c) of this section, the following information, but not personal information, shall be made available to the public upon request: whether or not an individual or business is a customer; whether or not a customer is current in paying for water, the amount delinquent, and how long an account has been delinquent. The city manager or his or her designee may from time to time publish the names of customers on the delinquent list and the amount of the delinquency; provided, that the name of a customer who has signed a confession of judgment for delinquent charges, penalties, and interest, and a stipulation to postpone execution against such judgment, and who is current in the payments to be made and all other obligations arising as a result of such stipulation as of the date on which the names are submitted to the publisher, will not be published. [Ord. 1384 §3, 2019; Ord. 951 §7, 1993; Ord. 861 §1, 1989; Ord. 601 §2, 1981]
13.04.040 Supplying others—permit required
No person supplied with water from the city mains shall be entitled to use it for any purpose other than that stated in the application, nor shall use same for supplying other persons or families, or for any other purposes, without a permit from the city officers in charge first having been obtained. [CCK §5.8.4]
13.04.050 Several properties supplied by one connection
Where water is supplied for the use of several properties or families from one connection, the party owning the connection will be held responsible for all charges as though the party were the owner of the properties benefitted by the connections. [CCK §5.8.5]
13.04.060 Connection—application when—cost computation
(a) All applications for water service connections shall be made no later than the time a foundation or building permit is issued, whichever occurs first, and shall be accompanied by any required deposit established by resolution or motion of the city council.
(b) If the water main must be tapped to provide service to the applicant, and the property to be served has not been charged for the service connection as part of a local improvement district or otherwise, the applicant shall pay the cost of the labor, equipment, and materials used, plus 10 percent for administration and inspection costs.
(c) Prior to installation of a water service connection, the applicant shall deposit with the city an amount estimated by the public works director to be necessary to cover the average cost of a water connection. If the actual cost plus 10 percent exceeds the amount of the deposit, the city will bill the applicant for the difference. If the actual cost plus 10 percent is less than the deposit, the difference shall be refunded. [Ord. 1035, 1996; Ord. 1002 §1, 1994; Ord. 979 §1, 1993; Ord. 938 §§14, 21, 1992; Ord. 861 §2, 1989. CCK §5.8.6]
13.04.065 Connection—standards
(a) All new water service connections shall be designed and constructed in compliance with the applicable codes and in accordance with acceptable construction practices. Each water connection shall be inspected by the city prior to burial to determine compliance with construction standards and general integrity of the connection.
(b) No water connection will be permitted which will allow contamination of the water system. [Ord. 1035, 1996]
13.04.070 Connection—repair responsibility
The city will keep in repair all connections at and from the main to the property line, and the consumer will be responsible for all pipes, valves, and appurtenances on the property. [Ord. 1035, 1996. CCK §5.8.7]
13.04.080 Excavation—permit required
A permit must be obtained from the city public works director before any excavation shall be made in any street or alley for the purposes of installation or repair of water pipes. [Ord. 1035, 1996; Ord. 403A §1, 1973. CCK §5.8.8]
13.04.090 Connection—from main to premises
All pipes and connections installed from the main to the premises shall be at the expense of the owner, who shall be held responsible for all damages resulting from leaks or breaks. A shut-off valve, accessible to the consumer, and protected from frost, shall be placed on the pipe leading from the curb cock, where the pipes first enter the building, or between such point and the curb cock, which valve shall be used in turning water on or off upon the premises when necessary for repairs to plumbing, or for other reasons. [Ord. 1035, 1996. CCK §5.8.9]
13.04.100 Turn on, turn off authority
No person except an employee of the city water department shall turn on or off any stop, curb cock, or valve, or in any manner disturb the city water system. [Ord. 1035, 1996. CCK §5.8.10]
13.04.110 Depth of pipes leading from curb cock to premises
All pipes leading from curb cock to premises shall be laid at sufficient depth and covered in such a manner as to be protected from freezing (60 inches being the minimum depth). [Ord. 1035, 1996; Ord. 322, 1968. CCK §5.8.11]
13.04.120 Charges for vacant premises
No reduction of charges will be made on partially vacant or vacant premises unless an owner, or the owner’s designee, files an affidavit the month prior to the beginning of the vacancy period with the city of Kodiak finance department. The affidavit shall be filed on a form provided by the city and shall contain language to allow the city to investigate the use or occupancy of the unit during times when the unit is reported vacant and shall specify a penalty amount to be paid by the property owner if the unit is found occupied during a reported vacancy. The unit shall be eligible immediately upon vacancy in full calendar-month increments only. The owner or the owner’s designee shall notify the city prior to the date occupancy is resumed. When such a vacancy occurs, a monthly charge as established by resolution or motion of the city council will be charged the property owner and must be paid on or before the fifteenth day of each current month. [Ord. 1128, 2001; Ord. 938 §20, 1992; Ord. 601 §3, 1981]
13.04.130 Shut off without notice
Water may at any time be shut off from the mains without notice, for repairs, extensions, or other necessary purposes, and persons having connections requiring steady pressure are cautioned of this danger. [CCK §5.8.13]
13.04.140 Access to curb cocks and meters
The city water department shall have free access to curb cocks and meters at all times, and all persons are warned against covering valve boxes during landscaping or piling rubbish or other material thereon. [Ord. 1035, 1996. CCK §5.8.15]
13.04.150 Meters
The city reserves the right to place a water meter on any service, for the purpose of measuring water supplied to the premises by such service. Industrial water users are required to place appropriately sized meters on all waterlines entering their facility. The location and installation must be approved by the city prior to installation. The meters must be installed and calibrated in accordance with the manufacturer’s specifications and recommended frequencies. [Ord. 1035, 1996. CCK §5.8.16]
13.04.160 Rates—established by council
Rates for the distribution of water established by the council are subject to change without prior notice to consumers at any regular meeting of the council. [CCK §5.8.17]
13.04.170 Service discontinuance for noncompliance
If the consumer fails to comply with any of the regulations of this chapter or subsequent ordinances, governing or pertaining to the distribution of water by the city, from time to time enforced, the city shall have the right forthwith to discontinue service to such consumer until compliance is had or assured. Service shall be discontinued by the city to every person who is in default in the payment of the rate or rates required to be paid under the provisions of this chapter for a period of 30 days after the same has become delinquent. When service has been discontinued, it will be reviewed under a proper application, when conditions under which the service was suspended are corrected, and on the payment of all charges provided in the schedule of rates and with the payment of any charge established by resolution or motion of the city council for turning off and on the water. [Ord. 951 §8, 1993; Ord. 861 §3, 1989; Ord. 601 §4, 1981]
13.04.173 Water waste—cutoff without recourse
Any person, firm, or corporation found to be wantonly wasting water shall be subject to having the water supply cut off immediately and without any recourse by the person, firm, or corporation against the city, or any official thereof. [Ord. 1035, 1996]
13.04.177 Water waste—penalty
Any person, firm, or corporation found to be wantonly wasting water shall be subject to a fine of not more than $300.00 plus any surcharge required to be imposed by AS 29.25.07. [Ord. 1081 §14, 1998; Ord. 1035, 1996]