Chapter 13.04 WATER SERVICE SYSTEM

Building, Existing. “Existing building” means a building erected prior to the adoption of this code, and one which has not been constructed, but for which a legal building permit has been issued.

“Building supply” means that part of the water system extending from the outlet of the curb stop to the building or premises served.

“City” means the municipality of Valdez.

“Contractor” means a person who constructs, installs, repairs, excavates or connects water services.

“Curb box” means a device usually consisting of a long piece of pipe or tubelike casing placed over a curb stop through which a key is inserted to permit the operation of the curb stop.

“Curb stop” means a valve placed between the water main extension and the building supply, usually at a point near the street, that allows the passage, interruption and control of water or fluid flow.

“Director” means the city manager or such person designated by him to enforce this chapter.

“Equivalent residential unit” means a water service unit which is substantially equivalent to a single-family residence in water usage.

“Owner” means one who holds a lawful title to the property.

“Person” means any individual, firm, company, corporation, partnership, association, society or group.

“Plumbing fixture units” means the number of fixture units as shown in Table 10-1 of the 1991 Uniform Plumbing Code.

“Public water system” means the water system owned and operated by the city.

“Rental unit” means a space rented for one day or part thereof.

“Space” means any site rented to a motorhome, trailer, tent or any other recreational type structure or dwelling.

“Water main” means that part of the water system serving more than one water service extension.

“Water service extension” means that part of the water system connecting the water main with the lot line of the abutting property, including the curb box and curb stop. (Ord. 95-12 § 1 (part); Ord. 93-06 § 1; prior code § 29-1)

13.04.020 Connections required.

A. Every building in which plumbing fixtures are installed and every premises having water piping thereon, shall have a connection to a public water system.

B. Such connection shall be made entirely at the expense of the owner.

C. When a public water system intended to serve any lot or premises is not available, all buildings or works shall be connected to an approved private water well system.

D. The rearrangement or subdivision into smaller parcels of a lot which abuts and is served by a public water main shall not be deemed cause to permit the construction of a private water well system, and all water systems on any such smaller parcel or parcels shall connect to the public water main.

E. The public water system may be considered as not being available when such public water system is located more than two hundred feet from any lot.

F. In case of existing buildings, such connection shall be made within ninety days after the director notifies the owner in writing of the availability of a public water system.

G. In the case of buildings under construction, occupancy of such buildings is unlawful until such connection has been made. (Prior code § 29-2)

13.04.030 Application for water service.

A. Each applicant for water service will be required to sign a form provided by the city, setting forth the following:

1. The date of application and the name of the applicant;

2. Whether the applicant is the owner, tenant or agent for the premises;

3. Mailing address;

4. Location of premises to be served;

5. Type of services requested and size;

6. Date on which the applicant will be ready for the service;

7. An agreement to abide by all regulations of the utility.

B. This form will also state:

This contract shall be subject at all times to such changes or modifications by the Council as from time to time it directs, in the exercise of its jurisdiction.

(Prior code § 29-3)

13.04.040 Permits—Fees—Defined.

“Permit fee” means the fee charged by the city for a construction permit to construct, install, extend or make any connection to the public sewer.

“Permit” means a permit issued by the director to construct, install, extend or make any connection to the public water main.

“Investigation fee” means a special fee which will be levied whenever work has commenced prior to the issuance of a valid permit.

“Use fee” means a fee determined by city council by resolution for the use of the public water system. (Prior code § 29-4)

13.04.050 Investigation fees.

A. Whenever any work for which a permit is required by this chapter has commenced without first obtaining the permit, a special investigation shall be made. A permit may be issued for such work if in the opinion of the director the work previously done is acceptable. In such case an additional fee for the investigation shall be added to the fees required.

B. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this chapter. (Prior code § 29-5)

13.04.060 Types of service.

There shall be two types of water service available, domestic and commercial. Domestic water service includes the provision of water for household residential purposes, including water for sprinkling lawns, gardens, shrubbery, washing vehicles and other similar and customary purposes. Commercial water service is that providing water to premises where the customer is engaged in a business or trade.

Exemption. Businesses which are defined by the Valdez zoning ordinance as home occupations and which do not use a greater quantity of water than normal domestic use shall not be classified as commercial services. (Prior code § 29-6)

13.04.070 Water use fees.

A. Each and every person making use of the public water system shall pay for the same on an equivalent residential unit price. The following equivalent residential units shall apply:

1. Single-family dwellings: for each single-family dwelling, one unit.

2. Multiple-family residence: for each residential unit, one unit.

3. Mobile home park: for each rental space in a mobile home park where water service is available to a space which is used, one unit. The mobile home park manager shall, the first of every month, provide the city with a list of all spaces occupied within the park. All mobile home courts shall be billed directly for each space occupied.

4. Motel or hotel: for each four rooms or fraction thereof, one unit.

5. Camper park: for each five spaces or fraction thereof, one unit, except from May 1st to October 15th of each year for camper parks with twenty spaces or more the residential unit shall be equal to a rental unit having a water usage of fifty gallons per day. The water use fee shall be calculated by multiplying the number of occupied rental units per day times fifty gallons per day, times a cost per thousand gallons which shall be established by the city council by resolution. Park owners or their representative will report the monthly rental units and remit the amount due along with a city rental report form by the last day of the following month. If an operator has failed to file a return or incorrectly reports the amount due, the city shall prepare a notice of delinquency and shall include interest in accordance with Section 3.04.070 of this code.

6. Restaurant: for eight seats or fraction thereof, one unit.

7. Bar or cocktail lounge: for each twenty-five seats or fraction thereof, one unit.

8. Retail store, office or factory: The owner of the building will pay for the water usage in the building area that falls under this classification, and for each twelve plumbing fixture units or fraction thereof, one unit.

9. Schools:

a. Public or private high schools or colleges: for each fifteen persons or fraction thereof in average daily full-time attendance, one unit.

b. Public or private elementary schools: for each twenty-five persons or fraction thereof in average daily attendance, one unit.

Average daily attendance shall be based on annual attendance. “Persons,” as used in this section, includes students, teachers and all school staff and administration.

10. Theater or auditorium: for each one hundred seats or fraction thereof, one unit.

11. Churches: for each church, one unit.

12. Laundromats or self-service laundry: for each washing machine in a commercial laundromat or self-service laundry or in any other washing facility, the use of which is not strictly limited to occupants of a residential building, or mobile home park in or on which the facility is located, one unit.

13. Hospital, rest home, convalescent home: for each bed in a hospital, rest home, convalescent home or similar facility, one unit.

14. Gasoline service stations: for each gasoline service station, one unit.

15. Combined facilities: for each building which has more than one type of business or function on one water system, the number of service units will be charged, that is the combined sum of the individual units, which are applicable to the facilities involved.

16. Where a commercial customer is not specifically listed above, the director shall determine which category the customer most closely resembles in quantity of water used and classify each customer accordingly.

17. Where a building is devoted to a business involving special water consuming devices or equipment, the director or his designee may establish a special rate based on the quantity of water used.

18. All facilities shall be charged only for the time that water is provided.

19. Minimum charge for each facility is one service unit.

B. A customer may have his/her water service discontinued by notifying the city in writing within five days of the desired discontinuance. They will be required to pay all water charges until the date of discontinuation.

C. Water service charges are billed and payable in advance of service rendered. If such bill is not paid prior to the billing date of the next billing, it is delinquent and service may be discontinued.

D. All bills are due and payable upon presentation. Payment is to be made at, or mailed to the office of the director. Closing bills, if service is to be discontinued, are due and payable upon presentation, collection will be made at the time of presentation. When bills are delinquent, the utility may demand that the full amount of both delinquent and current bills be paid in full before water service is restored. The owner of the real property served shall be responsible for water bills incurred by his tenants. (Ord. 95-12 § 1 (part); Ord. 93-06 § 2; prior code § 29-7)

13.04.080 Deposits.

A. Deposits shall be required for all new water service connections and shall be paid at the time water service is applied for.

B. In the event that the customer’s water service account becomes delinquent and water service is discontinued, the deposit shall be applied to the delinquent account. Any remaining deposit moneys shall be applied to the customer’s service use account.

C. Deposits shall be refunded to the customer after twenty-four months of continuous service in which the account has not been delinquent.

D. Delinquent accounts which result in discontinued water service shall require a deposit to be applied to the account prior to water service being restored. (Ord. 05-02 § 1: prior code § 29-8)

13.04.090 Contract required.

A. No property shall be served, directly or indirectly, by the city water distribution system unless the person so served, or his authorized representative, has entered into contract with the city for such service.

B. Water use rates shall be established by the city by council resolution and are to be reviewed at least every two years, or more often at the council’s discretion. (Prior code § 29-9)

13.04.100 Contractor’s license and permits required.

A. No person may uncover, disturb, or make any connection to, or opening in a water service extension or water main, or may construct or make any alterations or repairs in a public right-of-way, unless that person is a contractor licensed to perform that work under the laws of the state, and has a construction permit from the director prior to the commencement of the work.

B. The application for a construction permit shall be made to the director and shall contain the following:

1. Owner’s name and mailing address;

2. Street address and legal description of the property;

3. Contractor’s name and mailing address;

4. Contractor’s registration number;

5. Use or proposed use of the building, or lot;

6. Number of residential or commercial units;

7. A diagram showing the real property involved, the location or proposed location of the building, and the location of the building supply, building sewer, and, if known, the nearest water service extension or point to connection is to be made;

8. Drawings showing how the connection will be made;

9. Type and size of materials to be used;

10. Other information considered necessary by the director.

C. A construction permit shall become null and void if the construction authorized thereby is not commenced within one hundred twenty days from the issuance of such permit, or if the work authorized thereby is suspended or abandoned for a period of one hundred twenty days.

D. A construction permit shall be presented upon request of the director during the performance of the work and until the completion thereof and inspection and approval has been granted.

E. The director may, in writing, suspend or revoke a permit issued under provisions of this chapter, whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation, or any provisions of this chapter.

F. 1. The issuance or granting of a permit or approval of plans and specifications shall not be construed to be a permit for, or an approval of, any violation of any of the provisions of this chapter or of any other ordinance of the city. Permits presuming to give authority to violate or cancel the provisions of this chapter or other ordinances shall not be valid.

2. The issuance of a permit based upon plans, specifications and other data shall not prevent the director from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing construction being carried on thereunder when in violation of this chapter or of any other ordinances of this jurisdiction. (Prior code § 29-10)

13.04.110 Installation of water service extension.

A. Water service extensions shall be installed only by the city or its authorized representatives.

Exception. A water service extension may be installed by a private contractor provided the director approves all proposed construction and the director or his authorized representative inspects and approves each phase of the installation.

B. No person shall install a water service extension closer than ten feet from a sewer service, nor shall water service extensions cross one property in order to reach another property unless the service extension is located within a dedicated easement that has been recorded for that purpose.

C. The city will furnish and install a water service extension of such size and at such location as the applicant requests, at the city’s convenience; provided, that such requests are reasonable, as determined by the director. Such water extension will be installed from the city’s water main to the property line of the premises which abut on the street serviced by the water main.

D. Charges for a new water service extension are payable at the time of application. Upon submitting an application for the installation of a water service extension, the director shall estimate the cost of construction. If the actual cost should exceed the cost originally estimated and deposited, the customer will be billed for any excess. If the actual cost to the city is less than the original statement, the difference will be refunded to the customer. (Prior code § 29-11)

13.04.120 Inspections.

A. It shall be the responsibility of the permit holder to notify the director that the work is ready for inspection. Request for inspection(s) shall be filed at least twenty-four hours before such inspection is desired. The director may require such requests be made in writing.

B. It shall be the responsibility of the permit holder requesting any inspections required by this chapter to provide access to and means for proper and safe inspection of such work.

C. Whenever any work is being done contrary to the provisions of this chapter, the director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such person shall forthwith stop such work until authorized by the director to proceed with the work. (Prior code § 29-12)

13.04.130 Water meters.

A. The city may elect to install water meters for facilities that are deemed to be large water users. In such cases the facility shall bear the cost of the meter as well as the cost of installation.

B. The city will furnish and install metered service upon request, unless deemed impractical. Such meters shall be installed only by the city or its authorized representatives, and after payment of an amount to cover the actual cost to the city of the installation. Settlement of final charges will be as for water service extensions in general. (Prior code § 29-13)

13.04.140 Connection to the curb stop.

The connection of a building supply to a curb stop shall be made with fittings and in the manner approved by the director. At the director’s option, the connection to the curb stop may be made by the city after the contractor has excavated the curb stop. There shall be no water allowed to enter the building supply while making the connection. (Prior code § 29-14)

13.04.150 Responsibility of city.

A. The city will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customers at the proper pressure, and to avoid any shortage or interruption of delivery.

B. The city shall not be liable for any damage resulting from an interruption in services. Temporary shutdown may be resorted to, by the city, for improvements and repairs. Whenever possible and as time permits, all customers affected will be notified prior to such shutdown. The utility will not be liable for interruption, shortage or insufficiency of supply, or for any loss or damage occasioned thereby. The city, whenever it shall find it necessary or convenient for the purpose of making repairs or improvements to its systems, shall have the right, temporarily, to suspend delivery of water, and it shall not be liable for any loss or damage occasioned thereby. Repairs or improvements will be effected as rapidly as is practicable, and so far as possible, at such times as will cause the least inconvenience to the customers. (Prior code § 29-15)

13.04.160 Responsibility for customer’s supply system.

A. The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment that may be required for receiving, controlling, applying and utilizing water; and the city shall not be responsible for any loss or damage caused by the improper installation of such water equipment; or the negligence, want of proper care, wrongful act of the customer, or any of his tenants, agents, employees, contractors, licensees or permittees in installing, maintaining, using, operating or interfering with such equipment. The city shall not be responsible for damage to property caused by spigots, faucets, valves or other equipment that is open when water is turned on originally or when turned on after a temporary shutdown.

B. As a protection to the customer’s plumbing system, a suitable pressure regulator should be installed and maintained by him at his expense. (Prior code § 29-16)

13.04.170 Resale of water by customers.

Except by special written agreement with the city, no customer shall resell any of the water received by him from the utility. Nor shall such water be delivered to premises other than those specified in his application for service. (Prior code § 29-17)

13.04.180 Disconnections or refusal of service.

A. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the city may discontinue the service if such conditions are not corrected within five days after giving the customer written notice.

B. The city may refuse to furnish water and may discontinue service to any premises where apparatus, appliances or equipment using water is dangerous, unsafe or not in conformity with all laws or ordinances. The city does not assume liability for inspecting apparatus on the customer’s property. The city does reserve the right of inspection, however, if there is reason to believe that unsafe apparatus is in use.

C. The city may refuse to furnish water and may discontinue service to any premises where the demand is greatly in excess of past average or seasonal use, and where such excessive demand by one customer, is, or may be, detrimental or injurious to the service furnished to other customers.

D. The city shall have the right to refuse or discontinue water service to any premises to protect itself against fraud or abuse.

E. The city may discontinue water service to a customer for noncompliance with any of these regulations, if the customer fails to comply within five days after receiving written notice of the city’s intention to discontinue service. If such noncompliance affects matters of health and safety and conditions warrant, the city may discontinue water service immediately.

F. A customer may have his water service discontinued by notifying the city in writing within five days of the desired date of discontinuance. He will be required to pay all water charges until the date of discontinuance. (Prior code § 29-18)

13.04.190 Responsibility for frozen water lines.

A. The property owner shall be responsible for locating the thaw wire for his service and thawing any frozen water lines between the water main and his residence or other buildings served.

B. Before thawing any service electrically, water services shall be disconnected on the discharge side of building shutoffs or other measures shall be taken to ascertain that no grounding wires or cross connections to the electrical system exist. (Prior code § 29-19)

13.04.200 Use, relocation, etc., of fire hydrants.

A. No persons other than those designated and authorized by the director shall open any fire hydrant, attempt to draw water from it, or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law.

B. When a fire hydrant has been installed in a location specified by the director, the city has fulfilled its obligations. If a property owner or other party desires a change in the size, type or location of the hydrant, he shall bear all costs of such changes without refund. Any changes in the location of the fire hydrant shall be approved by the director. (Prior code § 29-20)

13.04.210 Building supply repair.

A. Any repairs to a building supply deemed necessary by the director, shall be made by the owner or a licensed contractor within thirty days after the director notifies the owner in writing specifying the repairs required. The director may require that repairs be made in less than thirty days if an emergency exists.

B. In the event that a connection is not made in the time and manner specified in Section 13.04.020 and in the event repairs are not made as specified in subsection A of this section, the director may cause the same to be made. The director shall bill the owner for such expenditures including, but not limited to labor, equipment, and administration fees. If not paid, the expenditures shall constitute a lien upon the property plus interest at the highest legal rate at the time of the repair. (Prior code § 29-20.1)

13.04.220 Excavation regulations.

All construction must meet or exceed all current city adopted standards. At the director’s option, the connection to an existing water main may be constructed by the city after the contractor has excavated the water main. The excavation shall be made safe prior to any inspection. (Prior code § 29-20.2)

13.04.230 Protection of excavations.

Any excavation made by a contractor in a right-of-way or immediately adjacent thereto, shall be protected and guarded by adequate barricades and marked with warning lights from one-half hour before sunset to one-half hour after sunrise and other times when visibility problems may exist. Such barricades and warning devices shall be placed in number and location as required by the Manual of Uniform Traffic Control Devices and as may be required by the director. The protection of the public from the danger of such excavation shall be the responsibility of the contractor, and the contractor shall be liable for any damage caused by his failure to properly protect and guard such excavation as herein required. If the contractor fails to protect and properly guard such excavation as herein required, the city may protect and properly guard such excavation and charge the costs thereof to the contractor, who shall upon receiving written notice of the amount of charge promptly pay the same to the city. (Prior code § 29-20.3)

13.04.240 Water service where not required.

A. Where the owner of a building is not required to connect to a public water main pursuant to Section 13.04.020, the owner may elect to connect to a public water main upon agreement with the city. Such agreement shall be known as a “standard participation contract.”

B. The city shall not enter into a standard participation contract unless the facilities can adequately provide the additional water service.

C. A standard participation contract shall provide:

1. That the owner have full authority to bind the property on which the building is located with the terms and covenants contained in the contract;

2. That the owner shall abide by the laws and regulations of the city appertaining to water service and that the owner shall duly and regularly pay for water service at designated rate(s) as shall from time to time be fixed by city council;

3. That the property on which the building is situated shall be subject to liens, penalties and interest for nonpayment of water service charges;

4. That the building situated on the property shall be provided with water service;

5. Other terms agreeable to the owner and the city. (Prior code § 29-20.4)

13.04.250 Disconnection.

No person shall disconnect or cause to be disconnected a building from a building supply or a building supply from a public water main without first having obtained a permit from the director. In the event that disconnection is allowed, the building sewer or public sewer shall be sealed and capped by the person causing the disconnection at the points and in the manner designated by the director. (Prior code § 29-20.5)

13.04.260 Limit of service per building.

A. A curb stop shall serve only one lot or premises.

B. Nothing contained in this chapter shall be construed to prohibit the use of all or part of an abutting lot to:

1. Provide access to connect a building supply to an available public water system, when proper cause and legal easement not in violation of other requirements has been first established to the satisfaction of the director.

2. Provide additional space for a building supply or part thereof, when proper cause, transfer of ownership, or change of boundary not in violation of other requirements has been first established to the satisfaction of the director. The instrument recording such action shall constitute an agreement with the city which shall clearly state and show that the areas so joined or used shall be maintained as a unit during the time they are so used. Such an agreement shall be recorded in the office of the district recorder as part of the conditions of ownership of the properties, and shall be binding on all heirs, successors and to such properties. A copy of the instrument recording such proceedings shall be filed with the director. (Prior code § 29-20.6)

13.04.270 Powers of director.

A. The director and other duly authorized employees of the city bearing proper credentials and identification shall be permitted to enter upon all properties for the purpose of inspection, observation, measurements, sampling, and testing in accordance with provision of this chapter.

B. Whenever, in this chapter, the director is empowered to enter upon any private property or into the works for any project which may extend onto public property, or effect repairs or remedies to abate conditions he deems hazardous, such entry and abatement shall be made in the same manner as provided for dangerous buildings, as set forth in the Uniform Building Code, under Chapter 15.04 of this code. In lieu of doing, or causing, remedial measures to be executed, the director may order the premises to be vacated until such time as the hazardous conditions have been abated in a satisfactory manner. (Prior code § 29-20.7)

13.04.272 Adoption of state regulations.

So much of the Alaska Administrative Code, 18 AAC 80, in effect on April 1, 1999, and such amendments as may be made thereto from time to time, as may be and are applicable to the city regarding the city water service system are hereby adopted by reference, substituting the words “city of Valdez” in place of “department”. (Ord. 02-12 § 1 (part))

13.04.274 Amendments.

A. Any future amendments to 18 AAC 80 will be effective in this code also.

B. Amendments or supplements to this chapter may be made and/or enacted by the city council as provided by the Charter. (Ord. 02-12 § 1 (part))

13.04.280 Liability.

The director or any employee charged with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of his duties, shall not thereby render himself liable personally, and he is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act of omission in the discharge of his duties. Any suit brought against the director or employees, because of such act or omission performed by him in the enforcement of any provisions of this chapter, shall be defended by the legal department of the city until final termination of the proceedings, and any judgment resulting therefrom shall be assumed by the city. (Prior code § 29-20.8)

13.04.290 Violation—Penalty.

A. In addition to being subject to the general penalty for city ordinance violations, any violator of the provisions of this chapter is responsible for payment of damages and all costs to the city connected with or caused by the violation.

B. No person, other than an authorized representative of the city, shall turn on water services, except that a plumber, approved by the director, may do so only for the purposes of testing his installations. (Prior code § 29-20.9)