Chapter 13.05 WATER AND SEWER SERVICES

It shall be unlawful for any person to construct, maintain or utilize a source of water supply other than the City water system for drinking and sanitary purposes at any building which is located within 200 feet of lines of the City water system, unless a written application for an individual water system is submitted and formally approved by the City Council. [Ord. 08-84-003 § 2].

13.05.020 Disposal of sewage and liquid waste.

It shall be unlawful for any person to dispose of sewage, liquid wastes or human excreta from any building located within the City by any method other than through the utilization of the City sewage disposal system, if the building is located within 200 feet of any community sewage line; provided, that the building is at a higher elevation than the sewage line, unless written application for an individual sewage system is submitted and formally approved by the City Council. [Ord. 08-84-003 § 3].

13.05.030 Operation of individual systems.

It shall be unlawful for any person to operate or maintain an individual sewage disposal system, unless such system is constructed and maintained in such fashion that it does not contaminate any source of drinking, public or domestic water supply. Such systems shall comply with the applicable standards of the Alaska Department of Environmental Conservation. [Ord. 08-84-003 § 4].

13.05.040 Illegal discharges.

It shall be unlawful for any person to discharge sewage or other domestic wastes on the surface of the ground within the City. [Ord. 08-84-003 § 5].

13.05.050 Alterations of individual systems.

It shall be unlawful for any person to construct, alter or extend an individual sewage disposal system except by formal permission of the City Council. [Ord. 08-84-003 § 6].

13.05.060 Cold weather maintenance.

It shall be unlawful for any person using the City water service to fail to have his use protected from cold weather. All users of City water shall protect their water service lines with insulation to protect them from cold weather. Failure to do so, as established by the Water and Sewer Administrator/Operator, shall be considered a violation of SMC 13.05.130. [Ord. 08-84-003 § 7].

13.05.070 Connection to City water system and sewage system.

(a) All connections to the City water and sewage systems shall be made at the expense of the user. Costs of the connection and all appropriate regulations including the use of self-help and use of City equipment shall be established by the Council.

(b) All individual water service and sewer connections and repairs, modifications, or disconnections shall be made only under the terms and conditions as set forth by the Uniform Plumbing Code (1970) and such further regulation as the City may make. [Ord. 08-84-003 § 8].

13.05.080 Application for water and sewage service and/or connection.

(a) Each application for water and/or sewage service connection shall be in writing and shall include the following:

(1) Legal name and address of the applicant.

(2) Legal description and sketch of the property and building for which the water service is required.

(3) The name and address of the person who will install the service lines from the building to be served to the City water and/or sewage systems.

(4) A description of the service lines to be used in the structure or building.

(5) An agreement to be responsible for paying promptly all charges for the service in accordance with this chapter.

(6) Such additional information as the City Council may require to demonstrate that the proposed connection complies with this chapter and any applicable regulations developed by the City Council.

(b) The City is authorized to require installation of a water meter at the user’s expense to charge for such services at rates established by amended ordinance of the Council. [Ord. 08-84-003 § 9].

13.05.090 Approval of application appeal.

(a) If the City is satisfied that the application and the proposed connection comply with this chapter and applicable regulations hereunder relating to the utilization of the community water and sewage systems, it shall approve the application and provide for the connection, upon receipt of the established fees.

(b) Any person whose application for connection has been denied or conditionally approved may appeal to the City Council at its next regularly scheduled meeting. An appeal will be approved only if changes have been made which remove the grounds for the Council’s original objection. [Ord. 08-84-003 § 10].

13.05.100 Installation of service lines.

(a) All consumer lines to the point of connection to the City water and sewer lines shall be installed by the user, at his own expense, and remain his responsibility for maintenance and repair.

(b) The point of connection shall be the property line in all cases. Where the point of connection is greater than 100 feet from an existing main, the case shall be considered separately by the City Council.

(c) Standards for the installation of all service lines and all related appurtenances as needed to ensure the safe utilization of the City water and sewer systems shall conform to the Uniform Plumbing Code (1970), and such further regulations as the City may make. [Ord. 08-84-003 § 11].

13.05.110 Permits for construction of individual water and sewer systems.

(a) An application for a permit for the construction, alteration, or extension of an individual water system and/or sewage disposal facility shall be made in writing to the City and shall include the following:

(1) Legal name and address of the applicant.

(2) Legal description and sketch of the property on which the construction, alteration or extension is proposed.

(3) A sketch of the proposed water system and/or sewage disposal facility and such additional information as the City may deem necessary to demonstrate that the proposed system and/or facility shall comply with this chapter and the standards of the Alaska Department of Environmental Conservation.

(b) If the City Council is satisfied that the proposed system and/or facility will comply with this chapter and with the State health regulations, it shall approve the application and issue a permit for the work.

(c) Any person whose application for a permit has been denied may appeal to the next regular meeting of the City Council. An appeal will be approved only if changes have been made which remove the grounds for the Council’s original objection. [Ord. 08-84-003 § 12].

13.05.120 Maintenance of plumbing system – Responsibility of consumer.

(a) Each consumer of community water or sewage service shall maintain the water and sewage facilities within his property lines in good repair at his own expense. The consumer’s responsibility for water and sewer facilities shall begin at the point of connection to the City’s water and sewer lines and shall include all facilities from that point throughout the building.

(b) If a water or sewer leak is detected under the home of a Saxman homeowner, who is consuming City water or sewer services, it is the homeowner’s responsibility to repair their line within 48 hours. If the line is not fixed within that timeframe, the City of Saxman retains the right to hire a contractor to fix the line, with the cost of repair being assessed to the homeowner. [Ord. 05-06-2014; Ord. 08-84-003 § 13].

13.05.130 Misuse of water and sewer facilities.

Water and sewer service may be discontinued by the City where defective fixtures or misuse may affect the safe and proper operation of the City water and sewer system; where there is a willful waste of water; or where there is a refusal to permit an inspection by the City. Discontinuance will take place on the third working day after the mailing of a notice by certified mail by the Water and Sewer Administrator/Operator upon authorization by the Mayor or his designee; the notice shall contain a provision for appeal to the City Council. [Ord. 08-84-003 § 14].

13.05.140 Authorized inspection.

The City through its designated representative or representatives is hereby authorized to make inspections at reasonable times during daylight hours, and at other times when deemed an emergency by the Mayor, to determine satisfactory compliance with this chapter and regulations promulgated thereunder. [Ord. 08-84-003 § 15].

13.05.150 Administration and enforcement.

This chapter shall be administered and enforced by the City Council. The City Council shall have the authority to establish and regulate monthly utility rates for water supply and sewage collection services and connection fees, for all domestic and commercial consumers; but no person shall be bound by any such rate unless it shall have been posted for public inspection for five consecutive days after its adoption in three public places in the City. [Ord. 08-84-003 § 16].

13.05.160 Penalties for violation.

Violation of any provision of this chapter shall be punishable by a fine not to exceed $300.00, and will be prosecuted to the fullest extent of applicable State and local laws. [Ord. 08-84-003 § 17].

Article II. Rates and Charges

13.05.170 Public inspection of rates.

A current file of all rates adopted by the City Council under this chapter shall be available for public inspection during regular business hours at the City Hall. [Ord. 08-84-003 § 18].

13.05.180 Use of monies collected.

All monies collected for water and sewage services will be used strictly for operation, maintenance, extension, repair, and capital improvement of the systems. [Ord. 08-84-003 § 19].

13.05.190 Accounting and disbursement of funds.

All monies collected for water and sewage services will be separately accounted for by the City Finance Administrator, who shall act as the water and sewer system treasurer, and disbursed by action of the City Council according to its established policies under State law. The Finance Administrator will present a full, current financial statement to the City Council at each monthly Council meeting. [Ord. 08-84-003 § 20].

13.05.200 Water and Sewer Administrator/Operator.

(a) The City is responsible for the operation, maintenance, emergency repair, and future planning for the systems for which it receives service charges under this chapter, and shall strive to offer the highest possible quality of service in the interest of the public health and well-being.

(b) The City shall continuously have on staff a Water and Sewer Administrator/Operator, who under the authority and supervision of the Mayor or his designee shall have responsibility for the full implementation of this chapter, and for routine and special duties in operating and maintaining the systems, as set forth in a position description approved by the City Council. It is recognized that State law does not require that an operator be certified for a City with a population of less than 500, and that the current population is 343; however, in a case where the operator is uncertified, a training program will be implemented with the goal of certification.

(c) The Water and Sewer Administrator/Operator shall present a written report to the City Council at each regular monthly meeting regarding operations and needs of the systems, which shall be approved and filed in the City records. [Ord. 08-84-003 § 21].

13.05.210 Turning on service.

No water from the City water supply shall be turned on for service into any premises by a person except such person or persons as the Mayor or his designee shall authorize to perform the service. [Ord. 08-84-003 § 22].

13.05.220 Application for service.

Application to have water turned on shall be made in writing to the Water and Sewer Administrator/Operator and shall contain an agreement by the applicant to abide by and accept all of the provisions of this chapter and of any regulations adopted pursuant to this chapter as conditions governing the use of City water supply and waste disposal facilities by the applicant. A deposit shall be charged for each start of service. [Ord. 08-84-003 § 23].

13.05.230 Conditions.

All pipes, hydrants, valves, and outlets must be properly maintained to avoid leaky condition or being used in a manner conflicting with these regulations. Service on such pipes and fixtures will not be resumed until satisfactory repairs have been made and the regulations governing this service properly observed. All plumbing must be installed in such a manner that the entire system will be protected in freezing weather using only one bleeder.

It is the intent of these regulations to establish a standard of rates and service whereby each water user can receive full value in service. [Ord. 04-2009-025 § 4].

13.05.240 Consumers – Additional definition.

In buildings where the owner or renter occupies a portion of the premises but rents, subleases or allows to be occupied without payment an additional portion to another household which maintains separate kitchen and bathroom facilities, and there is a common water or sewer line, the additional household will be liable for separate water and sewer charges. Additionally, any home, apartment or other rental that has water and sewer facilities will be liable for each separate unit. All payments for such rentals will become the responsibility of the owner of the property. The owner at their discretion may collect the fees from the renter; however, all fees will be billed to the owner of said properties. [Ord. 08-2009-018; Ord. 08-84-003 § 24].

13.05.250 Water service rate structure.

Water service	Residential	Commercial	Industrial
Deposit:	$65.00	$275.00	Contract
Monthly Service:	$65.00		Contract
Base Rate:		$275.00
Plus
Up to 2" water line		$0.00
3" water line		$220.00
4" water line		$500.00
6" water line		$975.00
8" water line		$1,105.00
Over 8" water line by contract
Reconnection Fee After Shutoff: $75.00

[Ord. dated 6/25/2014 § 2; Ord. 04-2009-025 §§ 2, 7].

13.05.260 Minimum charge.

(a) The rate identified in SMC 13.05.250.

(b) For temporary service (three months or less) add 25 percent to the rate identified in SMC 13.05.250. [Ord. 04-2009-025 § 3].

13.05.270 Terms.

The rates in SMC 13.05.250 are based on 12 months of continuous service. [Ord. 04-2009-025 § 5].

13.05.280 Tax additions.

The rates in SMC 13.05.250 are subject to proportional increases to compensate for any gross revenue, kilowatt hour or other form of tax imposed by any municipal, State or federal taxing body, excepting those taxes, or levies, in effect upon the effective date of the ordinance codified in this section. [Ord. 04-2009-025 § 6].

13.05.290 Sewer service.

Sewer Service:	Residential	Commercial	Industrial
Deposit	–	–	Contract
Monthly Sewer Service:			Contract
Base Rate	$61.00	$204.00

[Ord. dated 1/23/2019 § 2; Ord. 04-2009-025 § 8].

13.05.300 Billing schedule.

The Water and Sewer Administrator/Operator will type and mail to every consumer his bill for services in the previous month by the fifth day of the following month. Payment will be due no later than the fifteenth of that month. [Ord. 08-84-003 § 26].

13.05.310 Form of payment.

Consumers may make payments by cash, check or money order payable to the City of Saxman at City Hall or by mailing to Rt. 2, Box 1 – Saxman, Ketchikan, AK 99901 or by credit card at City Hall or over the phone by an authorized person. [Ord. 04-2009-025 § 12].

13.05.320 Third-party payment.

Consumers who live in houses or apartments managed by a housing authority or other public enterprise or agency will continue to make water and sewer service payments along with their rents where required by the housing authority or other agency under a standing contract. The agency collecting the payments will then pay the City of Saxman Water and Sewer for all of its housing occupants, and will receive a signed receipt for each payment. [Ord. 08-84-003 § 28].

13.05.330 Consequences of nonpayment of service charges.

(a) The water supply will be discontinued (shut off) to any premises for which the water and/or sewer bill in the amount equal to two months’ total service charges remains unpaid. Nonpayment of an amount billed equal to two months’ charges by the twenty-fifth of the month will be cause for the Water and Sewer Operator/Administrator to shut off service.

(b) Interest will accrue at 18 percent per annum (1.5 percent per month) on unpaid balance on the twenty-sixth day of each month.

(c) An additional Public Works Department charge of $10.00 for posting “door notices” will be assessed to all accounts in excess of or equal to two months’ unpaid water/sewer service.

(d) Reconnection of shut-off service will not be made until the unpaid amount due, including accumulated late charges, and the reconnection fee are paid in full, along with actual costs of additional equipment and labor necessary if applicable.

(e) In any cases where it is impossible to shut off service because the shut-off point is completely inaccessible, the City shall seek all available legal remedy for the unpaid amount due.

(f) In any cases where service has been shut off and the consumer has not attempted to make reconnection within five days after shutoff, the City will seek all available legal remedy, after inspection of the premises by the Water and Sewer Administrator/Operator. [Ord. dated 6/15/2011 § 2; Ord. 04-2009-025 § 11; Ord. dated 6/2005 § 2; Ord. 08-84-003 § 29].

13.05.340 Payment arrangements.

With the formal approval of both the Water and Sewer Administrator/Operator and the Mayor or his designee, a consumer with extreme and verifiable hardship may apply for and be granted a written payment arrangement on an overdue amount, if the terms of the arrangement are such that the total amount due will not increase as monthly service charges continue to be billed, and will begin to decrease it. Such arrangements are intended to be short term. For consumers who have received notification of shutoff prior to making payment arrangement, failure to meet the payment arrangement in full upon the date(s) specified will be cause for shutoff without further notice.

It is the current policy of the City not to accept unpaid services in lieu of water and sewer charges because of the cash needs of operating the systems, and exceptions will be made only very rarely based on the City’s hardship in obtaining essential services by a qualified person. [Ord. 08-84-003 § 30].

13.05.350 Exemptions.

There will be no further exemptions allowed. The following listed are “grandfathered” in until such time as they are no longer living within the City of Saxman or have moved into Saxman Senior Housing.

Tom Abbott	Dana Guthrie
Sarah Abbott	Herman Killian
Ernestine Blair	Donald Peterson
Mary Burton	George Lindhart
Elizabeth Denny	Mary Elizabeth Smith
Bill Guthrie	James Swink

[Ord. 04-2009-025 § 9].

13.05.360 Termination of accounts – Deposits.

(a) Homeowners who vacate their home and rent it to tenants are responsible for notifying the City of the change in occupancy; the homeowner is still responsible for the service charges until an account is established in the tenant’s name.

(b) Consumers are responsible for notifying the City when services are to be terminated because of nonoccupancy of a building; if there is no notification, the consumer is still responsible for service charges even if the building is unoccupied. If there is notification, the reconnection fee will be applicable if and when the consumer wishes to have service reinstituted.

(c) When service is terminated, the user connection deposit, if paid, will be refunded to the consumer minus any outstanding charges. Deposits will not be refunded or applied to outstanding charges except when services are terminated.

(d) After termination of services, any remaining outstanding charges will be referred for all available legal remedy if not paid at the time of termination. [Ord. 08-84-003 § 32].