Chapter 13.04 WATER SYSTEM

There is established a water division and a combined water-sewer system of the City pursuant to RCW 35.67.331 for the purpose of jointly acquiring, constructing, maintaining and operating such system. (Ord. C-395, 1998)

13.04.008 Mandatory water service.

A. It is the policy and intent of the City of Airway Heights to prohibit private water systems, unless specifically authorized, prior to the adoption of the ordinance codified in this section.

B. A private water system is not permitted when:

1. Public water service is available; or

2. The public health and safety would be adversely affected.

C. Every owner, agent or occupant of any property constructing, using or maintaining a private water system after public water service becomes available shall discontinue use of the private water system for domestic potable use and connect to the City’s distribution system, and in the manner specified herein, upon the earlier of:

1. The time the private water system requires treatment, repair or replacement; or

2. Within one year after public water service becomes available. The Director may extend the one-year time frame for good cause. (Ord. C-488, 2001; Ord. C-395, 1998)

13.04.010 Rules and regulations.

The Director of Public Works, subject to the approval of the City Council, may make such rules and regulations for the proper operation of the City’s water system not covered by this chapter. (Ord. C-121, 1986; Ord. 50, 1961)

13.04.015 Definitions.

A. “Building service” is that part of the lower piping of a water distribution system which receives the piping inside the walls of a structure or building to a point to the water meter at the property line.

B. “City” means the City of Airway Heights.

C. “City water system” is the public system owned or controlled and maintained by the City of Airway Heights. The term includes any publicly owned water facility or structure controlled or maintained by the City. It does not include individual services on private property, or private water systems.

D. “Connection fee” means the fair pro rata charge of the capital cost to construct and make available the water service excluding the tap fee.

E. “Day(s)” means working day(s) unless otherwise stated.

F. “Department” means the Water Department, which is a division of the Public Works Department.

G. “Director” means the Public Works Director.

H. “Equivalent residential unit (ERU)” is defined as 362 gallons per day (GPD) or as defined in the latest adopted Comprehensive Water System Plan.

I. “Lien” means the lien for utilities authorized by state law. For water utility charges, the lien statutes are RCW 35.21.290 and 35.21.300.

J. “Person” is an all-inclusive reference to any individual or group, firm association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity.

K. “Private water” is a water system not owned or maintained by the City.

L. “Tap” means the physical connection to the City water system.

M. “Tap fee” means the fee assessed by the City for the physical connection to the City water system, plus the cost of materials and labor related to the installation.

N. “Standards Handbook” refers to the “Airway Heights Public Works Standards Manual” which details proper controls for design, inspection and construction of water systems in conformance with this chapter. The standards may contain specifications relative to materials, design, construction, procedure, policy, inspection, backfilling and responsibilities in water installations.

O. “User” means any person who uses the City water system.

P. “Utility” refers to any of the City’s utilities which include sewer utility (rates and regulations of which are codified in Chapter 13.06 AHMC) and water utility (rates and regulations of which are codified in this chapter).

Q. “Water connection permit” is a permit that is issued by the Public Works Department prior to any tap and use of the City’s water system.

R. “Water service” means the furnishing of the main, tap, saddle, corporation shutoff cock, the meter, pipe to the property line, meter box, meter yoke, ditching and backfill, and installation of the water service to the applicant’s property line; or furnishing the tee with adaptors, hydrants, gate valves with boxes, connection spool, ditching and protection to applicant’s property line; or water for fire protection. (Ord. C-610 § 1, 2005; Ord. C-576 § 1, 2004; Ord. C-534, 2002; Ord. C-488, 2001; Ord. C-395, 1998; Ord. C-324, 1995)

13.04.020 Application for service – Requirements generally.

A. All applications for service installations and for water service shall be made at the Office of the Clerk-Treasurer on printed forms furnished by the City and shall contain the name of the owner of the property, the name of the occupant, post office address, a description of the property, lot, block and addition, name of the street upon which the property fronts, the official street number assigned to the premises as shown by the record in the Office of the Clerk-Treasurer, and a current copy of the paperwork establishing an account with Avista, Inland Light and Power or Qwest. The application must state fully all the purposes for which water may be required, and include the signature of the applicant agreeing to conform to the rules and regulations of the Water Department as established by the City for the use of water.

B. All applications for service installations shall be made by the owner of the property to be served, or by his duly authorized agent, and shall state the size of the service connection required, and the applicant shall at the time of making application pay to the City the amount of the fee required for making the installation of the service connection and a refundable deposit as specified in the latest adopted water fee resolution to secure the payment of charges for water service as provided in this chapter.

C. Where service connections are installed, application for water service may be made either by the owner, or his duly authorized agent, or by the tenant or occupant of the premises; provided, that where the service is required by other than the owner, the Clerk-Treasurer may require permission of or notice to the property owner for connection or change. The applicant shall at the time of making application pay to the City a refundable deposit as specified in the latest adopted water fee resolution to secure the payment of charges for water service provided in this chapter. (Ord. C-570 § 1, 2004; Ord. C-534, 2002; Ord. C-488, 2001; Ord. C-395, 1998; Ord. 50, 1961)

13.04.030 Application for service – Fee – Responsibility.

A. Prior to receiving service, all applicants for new water service shall pay a connection fee as set by resolution of the City Council. Prior to receiving a certificate of occupancy, all water service accounts shall pay a tap fee.

B. All water service charges shall be enforceable through a lien against the property served even though water services may be contracted through an agent or tenant. The property owner shall remain liable for all water service charges; provided, that the property owner’s liability will be limited by the terms and conditions under which a lien may be filed against the real property unless the property owner has contracted for the water service and/or authorized a broader lien.

C. The City may provide a real property owner or the owner’s designee with duplicates of tenant utility water bills, or may notify an owner or the owner’s designee that a tenant’s utility account is delinquent. However, if an owner or the owner’s designee notifies the City in writing that a property served by the City water is a rental property and has requested, in writing, to be notified of a tenant’s delinquency, including providing a mailing address, the City shall notify the owner or the owner’s designee of a tenant’s delinquency at the same time and in the same manner the City notifies the tenant of the delinquency. When the City provides a real property owner or owner’s designee with duplicates of a tenant’s utility bill or notice of delinquency, the City shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or owner’s designee.

D. All applicants and their successors upon receipt of utility services shall be deemed to have agreed to comply with all the rules and regulations of the water utility and the provisions of this chapter, to pay the cost of making the connection and supplying and installing the meter, and to pay for all water used on the premises, at the rate and upon the terms established by the City. (Ord. C-752 § 1, 2011; Ord. C-610 § 2, 2005)

13.04.032 Liability for account transfer to another account.

A. In addition to the person or address billed for water services as shown in the City’s records, the City may require the owner or other responsible party under the authority of this chapter, to be responsible for payment for any water services, jointly or severally. With respect to premises served or involved in an enforcement action, such persons include the respective premises’ owner and occupant but not a subsequent tenant who establishes utility service with the City in accord with this chapter.

B. To obtain from any person determined responsible by the Clerk-Treasurer, the City reserves the right to transfer a payment obligation from one customer or account to another, or hold charges for payment on one or more accounts, jointly and severally, until full payment is received.

C. Where a party originally responsible for an unpaid utility bill at one address moves to a new address served by the City, the water service bill may be transferred to the new address and enforced as a charge to that account, provided the consent of the responsible party and the property owner is received. This option does not waive the City’s right to require payment as a condition of restoring or continuing services to the original address, but any amounts thereafter collected from the originally responsible party shall be restored to any other party paying such delinquency balance at the original address, less an administration fee determined by City Council resolution. (Ord. 610 § 3, 2005)

13.04.040 Application for service – Additional.

Should the applicant desire an additional service fixture or to apply the water for purposes other than those stated in his application, a new application must be made and a permit obtained from the City. (Ord. C-488, 2001; Ord. 50, 1961)

13.04.050 Application for service – Deposit.

A. Deposit. At the time of making application for water service, the applicant shall pay the City’s universal compulsory deposit. The deposit is due before the water is turned on.

B. Amount of Deposit. As set forth in the most recent adopted water system fee resolution.

C. Waiver of Deposit. This deposit may be waived by the Clerk-Treasurer for applicants who have established a satisfactory payment history with the City of Airway Heights. A satisfactory payment history is one where the applicant has had timely payments for 12 consecutive months with no late payments at the time of application. If a waiver of deposit option has been used and the customer fails to maintain timely payments and keep the account in good standing, a deposit shall be initiated or reinstated for the account if the customer’s water is shut off for nonpayment. Nothing in this chapter shall prevent the City from requiring additional or new deposits, when conditions so warrant.

D. Refund of Deposit. No interest will be paid on the refund of deposits. Upon closing of the account by the customer, all the sums of the deposit in excess of the utility bill owing the City shall be repaid by the Clerk-Treasurer to the customer of record on the account. No fractional monthly service charge or water charge shall be made, and the Clerk-Treasurer shall collect in every instance for payment of water service a full minimum monthly charge; except, however, that this provision shall not apply to users of water on a temporary basis as provided in AHMC 13.04.060. (Ord. C-747 § 1, 2011; Ord. 625 § 1, 2006; Ord. C-570 § 2, 2004; Ord. C-534, 2002; Ord. C-395, 1998; Ord. C-252, 1992; Ord. C-144, 1987; Ord. C-010, 1982; Ord. 150, 1974; Ord. 74, 1963; Ord. 50, 1961)

13.04.060 Temporary service requirements.

Contractors and others who temporarily desire to use City water may do so at the regular meter rates by first making application to the City in the regular manner for the installation of a meter and making a deposit with the Clerk-Treasurer to cover costs of installation and deposit as provided in AHMC 13.04.050. On removal of the service, the user will be given a credit for material salvaged and on payment of all charges for water, said credit, together with the deposit to secure payment for water, will be refunded. (Ord. C-488, 2001; Ord. C-395, 1998; Ord. 50, 1961)

13.04.070 Mains, pipelines and water services.

Any person, persons, or corporation who petitions or makes request for the laying or installation of any main, pipeline, or water service line to any point on any of the streets or to any facility within the corporate limits of the City shall comply with the latest adopted City Public Works Standards Manual. (Ord. C-534, 2002; Ord. C-447, 2000; Ord. C-395, 1998; Ord. C-140, 1987; Ord. 50, 1961)

13.04.080 Excavation restrictions – Tapping mains – Inspection of work.

A. No digging or excavating for the purpose of laying water mains, lead pipes, or repair thereof shall be made in any street or alley of the City without the written consent of the Public Works Director.

B. Only the Public Works Director or his authorized agent shall tap any water main unless contractor is certified to do so through the Department of Health. The Director or his authorized agent shall inspect all taps.

C. No ditch for any service lead pipe shall be filled until after the Public Works Director has inspected the lead pipe, curb cock, cover boxes and approves the installation. (Ord. C-488, 2001; Ord. C-271, 1992; Ord. 50, 1961)

13.04.090 Meter – Required.

For each water system tap there shall be installed by the Water Department a water meter of a type approved by the City for each dwelling, building or other structure, except apartment houses or single-service multiple-purpose structures. There shall also be installed at each metered premises a shutoff cock and waste inside the premises so that the owner or occupant may at any and all times turn off the water on the property. Each new structure, or separately leased unit of a structure, shall be required to be separately metered. All new connections shall be equipped with a remote reading device of the type recommended by the Public Works Director. (Ord. C-610 § 4, 2005; Ord. C-534, 2002; Ord. C-488, 2001; Ord. 131, 1972; Ord. 87, 1964; Ord. 50, 1961)

13.04.100 Meter – Installation.

Every service must be metered and water will be supplied to such property through the meter only. Actual installation of all meters shall be done by or under the supervision of the Public Works Director or his authorized agent. All meters remain under the control of the Water Department. (Ord. C-689 § 1, 2008; Ord. C-488, 2001; Ord. 131, 1972; Ord. 87, 1964; Ord. 50, 1961)

13.04.110 Meter – Reading.

All water meters shall be read by the Water Department, including premises shut-off, by the twenty-fifth of each month. Reading shall be noted in a special book provided therefor, and all reading shall be furnished to the Clerk-Treasurer not later than the twenty-sixth day of each month. (Ord. C-488, 2001; Ord. 50, 1961)

13.04.115 Meter – Testing.

A. Where the accuracy of record of a water meter is questioned, it may be removed at the customer’s request and tested by the Public Works Department through reasonable means, with a report made available to the Director of Public Works. The City retains the sole discretion to determine testing apparatus.

B. If the test discloses an error showing a more than four percent variance on the meter’s registry, the Public Works Department will bear the entire expense of the test. If the test shows that the meter is within the four percent variance, the customer shall bear the cost of removing, testing and re-installing the meter.

C. The Director may require a reasonable deposit, sufficient to secure the costs of removal and testing. The deposit may be refunded as provided above.

D. The fee for the meter test shall be set by resolution. (Ord. C-689 § 2, 2008)

13.04.120 Fire service connections.

All fire service connections between water mains and property line shall be installed and maintained by the Water Department at the expense of the owner or occupant of the premises served, and shall be the property of the City. Fire service connections shall be tested semi-annually by a Washington State certified inspector and the test results, together with the applicable fee as set by City Council resolution, shall be filed with the Water Department. Fire service connections shall not be used for domestic or commercial purposes where separate service connections can be installed. In no case shall any tap be made upon or any connection be made to any fire service unless a meter shall be installed thereon. The use of water through a fire service connection for any purpose other than the extinguishment of fire or for the semi-annual test is prohibited unless a meter is installed to measure water used. There shall be no charge for water used in fire protection. (Ord. C-447, 2000; Ord. 50, 1961)

13.04.130 Maintenance responsibility.

The City shall be responsible for the care, upkeep and maintenance of water mains, main taps, corporation shut-off cocks, leads from mains to the meters, and the water meters, including thawing of pipes and meters. The water users or property owners are responsible for the care, maintenance and upkeep of all other pipes on the premises. The Water Department shall have control over all curb shut-off cocks. (Ord. 59, 1962; Ord. 50, 1961)

13.04.135 User classification.

The following classification schedule shall be used to determine capital connection fees to be paid for new water service connections:

A. Connection General Facility Charge Summary.


Meter Size Single-Family Residential	Number of Meter Equivalents
3/4′′ meter	1.00
1′′ meter	1.00
1 1/2′′ meter	3.33
2′′ meter*	5.33
3′′ meter*	10.67


Meter Size All Others	Number of Meter Equivalents
3/4′′ meter	1.00
1′′ meter	1.67
1 1/2′′ meter	3.33
2′′ meter*	5.33
3′′ meter*	10.67
4′′ meter*	16.67
6′′ meter*	33.33
8′′ meter*	53.33
10′′ meter*	76.67

* For meter sizes above 1 1/2′′, the City reserves the right to rely instead on an engineer’s estimate of flow and demand in order to ensure equitable contribution toward system costs.

(Ord. C-745 § 1, 2011; Ord. C-610 § 5, 2005; Ord. C-570 § 3, 2004; Ord. C-534, 2002)

13.04.140 Rates and charges – Fixed rates schedule.

A. All water users shall be charged at a minimum monthly rate, together with surcharges for all water metered. All use of water and water services shall be furnished and measured by a meter and shall be charged at rates set by the latest adopted water fees resolution of the City Council.

1. Single-family residences (includes mobile/manufactured homes located outside of an established park on a single tax parcel, or each dwelling unit of a duplex or triplex).

2. Low-income senior/disabled: Chapter 13.14 AHMC.

3. Nonresidential: Apartment buildings with four or more units; apartment condominiums; hotels; motels; or mobile/manufactured homes located within a legally permitted park; commercial, municipal and irrigation.

4. Hydrant meter rates: For the damage deposit, water usage and rental of City’s hydrant meter.

5. Reclaimed water.

B. Volume Rates.


All usage is billed in 1,000 gallon increments.
	Block 1 0 – 7 kgal	Block 2 7 – 18 kgal	Block 3 >18 kgal	October – April	May – September
Single-Family	X	X	X
Nonresidential*	Single Block			X	X
Reclaimed Water	Single Block			X	X

* Extra-capacity surcharge (very large users): surcharge per kgal.
Applies to peak month usage exceeding purchased flow/historical averages greater than 18,000 gallons per meter equivalent.

(Ord. C-745 § 2, 2011; Ord. C-610 § 6, 2005; Ord. C-570 § 4, 2004; Ord. C-534, 2002; Ord. C-510, 2002; Ord. C-488, 2001; Ord. C-447, 2000; Ord. C-395, 1998; Ord. C-324, 1995; Ord. C-121, 1986; Ord. C-094, 1985; Ord. C-085, 1985; Ord. C-010, 1982; Ord. 173, 1978; Ord. 93, 1965; Ord. 89, 1964; Ord. 53, 1961; Ord. 50, 1961)

13.04.141 Water/sewer capital development fee.

In addition to all other charges for water created by this chapter, there shall be paid by each building service a capital fee set by resolution of the City Council.

All sums collected pursuant to this section shall be held within a separate fund and shall be used only for capital improvement to the City’s water or sewer system unless this section shall be amended by ordinance duly passed by the City Council. (Ord. C-395, 1998; Ord. C-223, 1990)

13.04.142 Reduction of water capital development fee for low income housing.

A. To promote and support affordable housing in the City, the water capital development fee as established by AHMC 13.04.141 through resolution of the City Council is reduced as set forth in this section.

B. Definitions. The following definitions shall apply to the administration of this section:

1. “Low income” means a single person, family, or unrelated persons living together whose adjusted income is defined in AHMC 13.14.050(F).

The definition of “low income” set forth above shall, without further action of the Council, be automatically amended to conform with AHMC 13.14.050(F).

2. “Private or public nonprofit organizations” means nonprofit corporations, municipal corporations, and other organizations established for the charitable purpose of providing low-income or affordable housing, recognized under the United States Internal Revenue Code as qualified recipients of tax deductible charitable contributions, including but not limited to organizations having received approval from the Internal Revenue Service of such status upon the filing of all forms as required for recognition as a 501(c)(3) corporation. For an entity to qualify as a private or public nonprofit organization under the provisions of this section, upon making a written request for deferral, the entity shall provide sufficient proof of such status, including such documentation as the City Manager may deem necessary. For purposes of this section, municipal public housing authorities established pursuant to Washington law shall be considered public nonprofit organizations.

C. Payment of Capital Development Fee. Subject to subsection (F) of this section and upon the approval of the City Manager, a property owner may through agreement pay the water capital development fee (connection charge) over a 15-year period (“deferred fee payment”), provided: (1) the water service is connected to single-family or multifamily residences owned by an individual, private or public nonprofit organization and (2) such unit(s) contains persons who are low-income individuals or families. To qualify for such deferral, deferral requests shall be made in writing to the City Manager.

The fee deferred shall only relate to the proportionate amount of the project that is low-income; for example, if the project is 50 percent low-income housing, then the deferred fee is determined as follows: 50 percent of the water capital development fee deferred for a 15-year period.

D. Reporting and Entry. The property owner shall be responsible to report annually on the use and occupancy of the building, including but not limited to, the number of units containing low income individuals, the rent paid by such individuals, compliance with and reporting to federal or state governmental authorities concerning the provision of low income housing and such other matters reasonably required by the City. The City Manager may establish the annual reporting date and develop forms for the purpose of implementing this reporting requirement. A failure to submit the annual report shall constitute a default under this program entitling the City to either issue a notice of infraction or pursue other remedies at law. To verify compliance under this section, the property owner (and tenants) upon 48 hours’ written notice, consent to the City entering the premises to inspect units, books and records.

E. Recording and Notice. All deferrals shall be recorded as a real property lien payable over 15 years with such amount being a receivable in the applicable utility fund records until such time as the terms of the deferral have been satisfied. Notice delivered to the property owner of any action taken under this section shall be delivered by the property owner to the tenants and other parties of interest.

F. Release and Repayment. Upon payment of the water development fee, the same shall be considered released, subject to compliance with all of the following.

1. The person including private or public nonprofit organizations has for a continuous, uninterrupted, period of 15 years complied with the eligibility criteria set forth herein. If within 15 years of the date of the building permit application the property is sold, the payment agreement may continue provided the new buyer meets the eligibility requirements.

2. The property owner has complied with all reporting requirements set forth herein.

3. Other matters established by written agreement.

G. Repayment of deferred fees shall be secured with a real estate security instrument as approved by the City Attorney. Unless otherwise agreed, such instrument shall be senior to all other security instruments securing loans on the property, except for financing provided by or through the private or public nonprofit organization which is developing or constructing low-income single-family housing units for low-income individuals or families, unless the City Manager determines that the City receives adequate security for repayment from a junior security instrument.

H. Limitation. The program may be limited to a number of dwelling units per year. Requests for deferral of the water development fee is subject to approval by the City Council in consideration of the City budget and the effect of the deferral of the water development fee. (Ord. C-828 § 2, 2014)

13.04.150 Application of payments.

The City operates a combined utility system with payments received by the City for utility payments applied in the following order:

A. Utility deposit.

B. Sewer Charges.

1. Interest charges.

2. Late fees.

3. Tax.

4. Other charges.

5. Surcharge.

6. Usage.

7. Sewer base charges.

C. Water Charges.

1. Interest charges.

2. Late fees.

3. Tax.

4. Other charges.

5. Surcharge.

6. Usage.

7. Water base charges. (Ord. C-745 § 3, 2011; Ord. C-610 § 7, 2005)

13.04.160 Rates and charges – Due date – Delinquency – Action to be taken – Lien – Penalty.

A. All charges for water service shall be due and payable at the Office of the Clerk-Treasurer 25 days after the date of mailing and shall become delinquent the next business day after the twenty-fifth day. All delinquent water service accounts shall bear interest at the rate of one percent per month commencing on the delinquency date. The delinquency of any customer shall be indicated on the customer’s water account, statement, ledger sheet, or card.

B. If a water service account is not paid when due, the City may assess a delinquency fee determined by City Council resolution and shall give notice that the water service account is delinquent to the account holder(s) and property owner(s).

C. Where delinquent and unpaid charges for water service are in excess of the deposit required in this chapter to secure the payment of charges for water service, the water shall be turned off in accordance with the following termination procedures:

1. Except in cases of consent by the customer, vacant premises, need for repairs or emergency, the Director, or his designated representative, shall cause notice to be given to the customer that water service will be terminated for nonpayment.

2. The notice may be delivered personally, given orally, mailed, or left or posted at the service address as shown on the files. Whenever the Director has reason to believe that termination of water service to a given service address will affect more than one dwelling unit, the Director shall cause reasonable effort to be made to give notice to all affected dwelling units.

3. The Director shall cause the notice to be given at least five calendar days prior to the date of intended termination.

4. The notice of termination shall be in substantially the following form:

NOTICE

Your city water service will be terminated on ____________, unless all amounts not disputed are paid.

If you dispute any amounts due, you shall request a utility dispute form, completely fill out and return to utility clerk as set forth in AHMC 13.04.162.

Airway Heights Clerk-Treasurer
1208 S. Lundstrom St.
Airway Heights WA 99001-9000
Telephone: 509-244-5578

5. If payment is not made on undisputed amounts or a dispute hearing requested for disputed amounts, the Director may shut off the water service on or after the date set forth in the notice.

6. The Utility Dispute Board in any dispute hearing shall have the authority to reduce the amount owed; order the full amount be paid; establish a payment schedule taking into consideration the historical usage of the premises, anticipated usage, income of the person at the service address, and any other information which the Utility Dispute Board deems relevant; and re-establish a cut-off date for failure to meet the terms of their decision.

D. The Director shall establish rates, interest, and penalties for delinquency and water shut off and turn on subject to the approval of City Council.

E. It shall be unlawful for an occupant or owner of the premises where water service has been shut off to turn on the water at the service fixture. Violators of this subsection shall be fined a sum not to exceed $1,000, enforceable in the Airway Heights Municipal Court or such other court adopted by the City Council.

F. In case the water meter cannot be read for any cause, the user shall pay the rate for the previous month, or such higher sum established in the City’s rate structure. (Ord. C-610 § 8, 2005)

13.04.161 Water leak mitigation.

The creation of the water leak mitigation program for the City of Airway Heights is comprised of two parts, the leak mitigation program itself and the Water Leak Mitigation Committee. The water leak mitigation program will cover both commercial and residential properties and requests will be considered once per lifetime of each account. No retroactive water leak mitigations prior to the enactment of the ordinance codified in this section will be allowed.

A. Water Leak Definition. A “water leak” will be defined as a situation where: the leak is not inside of the property, nor due to any part of the property’s facilities; there is a physical break in the water line; either the meter or the water line are inspected by a representative from Public Works; and the leak is fixable.

The City of Airway Heights will accept requests for water leak mitigation if the leak is detected and corrected within 60 days and a Public Works representative has inspected the leak and determined that it has been fixed.

B. Water Leak Mitigation Committee. The Water Leak Mitigation Committee will be composed of a representative of Public Works as well as a utility clerk who has dealt with the customer regarding the water leak. The third member on the committee will be the Clerk-Treasurer or designee. The City will accept requests for mitigation and can be mitigated by a utility clerk up to $500.00. Any water leak amount between $500.00 and $2,000 will need to go before the Water Leak Mitigation Committee. Amounts over $2,000 will not be considered by the Water Leak Mitigation Committee and account holders seeking to adjust their bill over $2,000 will have to request a utility dispute.

C. Resolution. In order for the water leak mitigation request to be considered, the past due amount on the account (prior to the leak) must be paid in full.

Payment for approved water leak mitigation requests will be processed as follows:

1. If the citizen has been living in Airway Heights for over a year, the previous year’s payment for the same billing cycle will be used.

2. If the citizen has lived in Airway Heights less than a year, an average of the past three months will be used.

3. If the citizen has lived in Airway Heights for less than three months, the base fee plus 1,000 gallon charge per person per residence.

Any and all decisions regarding water leak mitigation will be handled by either a utility clerk or the Water Leak Mitigation Committee and accounts in which there are extenuating circumstances may be considered. (Ord. C-831 § 1, 2014)

13.04.162 Utility Dispute Board.

The Utility Dispute Board shall meet as often as necessary upon receipt of a Utility Dispute/Review Request Form UTIL003.

A. The Finance Staff upon receipt of Form UTIL003 shall date stamp and forward the form to the Clerk-Treasurer.

B. The Clerk-Treasurer shall copy and forward the form to the Public Works Director and Community Development Director and schedule a meeting of the Utility Dispute Board within 10 working days from receipt of Form UTIL003.

C. The Clerk-Treasurer shall request the Utility Clerk provide background information on the disputed account that includes current balance, past due balance, current or prior payment agreements and other historical information.

D. The Dispute Board members shall meet, review the request, discuss relevant information and make a written recommendation for final action to: (1) the Finance Committee for fees or charges under $500.00 and (2) the City Council for fees and charges over $500.01 with consideration at the next regularly scheduled Council meeting. (Ord. C-576 § 3, 2004)

13.04.163 Bankruptcies.

As authorized by 11 USC Section 366, unless otherwise directed by the Director, the minimum deposit for adequate assurance of payment shall be two months’ estimated utility charges for Chapter 7 and 11 filings and one month’s estimated utility charges for Chapter 13 filings. This amount is subject to adjustment where circumstances indicate different customer use demands or service needs, in the Director’s discretion. (Ord. C-610 § 10, 2005)

13.04.164 Adjustments for overbilling, underbilling.

A. It is the policy of the City to collect all amounts identifiable as due and owing for utility services. The City reserves the right to collect such charges on the basis of joint and several liability, from the owner of premises served, the occupant of the premises, or from any person otherwise determined to be legally responsible for the charges concerned, as may be most convenient to the City.

B. Underbilling or underpayment because of customer errors or other reasons not the result of City error will be collected in full.

C. Underbilling or underpayment because of City error may be adjusted, considering the following criteria:

1. In general, the public is presumed to know that a reasonable charge for utility services rendered must be paid. Where it appears a customer or other person from whom payment is sought did not know and had no reason to know of the error, charges accruing more than one year from the discovery of the error may be waived.

2. There is “reason to know” of a billing error where the bill on its face is below regular charges, or where there are no charges being made to premises receiving service. Customers have a duty to make prompt inquiry with the utility billings office when they get such a bill inconsistent with the utility service to their premises.

3. Underbillings because of customer error or where it appears a customer knew or should have known of the error should be paid in full.

D. Where an account is overbilled or overpaid the refund period granted administratively is up to one year from the time the error is reported to the utility billings office, except overpayments or overbillings because of customer fault should be reported by the customer within 60 days. Approved refunds are administered by an account credit for the premises served.

E. Billing errors are adjusted by the Clerk-Treasurer, or designee. Adjustment is made by way of credit to the utilities bill for errors in said bill unless another adjustment method is approved by the affected utility department. Additionally, the City reserves all defenses, offsets and claims allowable in contract or law. (Ord. C-610 § 11, 2005)

13.04.165 Payment plans.

A. The Clerk-Treasurer shall offer residential customers who own parcel(s) within the City a budget billing or equal payment plan (hereafter referred to as a “payment plan”) for the purpose of providing equal monthly payments for up to a 12-month period. The payment plan shall be sufficient to cover anticipated charges accruing for the service address for the period of the payment plan and may be for a period not to exceed 12 months. Any time after the payment plan is established and there is an adjustment of rates and charges applicable to residential customers and it appears to the Clerk-Treasurer that the payment plan will not pay actual charges accruing on the service, the Clerk-Treasurer may adjust the payment plan.

B. Failure of any residential customer to make payments in accordance with the budget plan or a plan to pay a deficiency shall be subject to shut-off and collection as provided in this chapter. (Ord. C-576 § 4, 2004; Ord. C-395, 1998)

13.04.166 Collection agency.

A. The City may refer unpaid accounts for collection to a collection agency approved by the City Council pursuant to contract.

B. Accounts referred to collection shall be only after written notice has been given to the account holder at his/her last known address by certified mail, return receipt requested, and by regular mail, postage pre-paid, at least 30 days in advance of the referral to collection. (Ord. C-610 § 12, 2005)

13.04.167 Bad checks and bill collection fee.

Unless otherwise modified by City Council resolution:

A. The fee for returned checks/disallowed electronic funds transfer is $40.00.

B. Bill summaries are made when it is necessary to prepare a bill summary of charges accrued or estimated on an account, either upon customer or other third-party request, or after an account is 60 days delinquent, or because an account has been referred for collection effort. This charge may be assessed against the account or billed to the requesting party for each bill summary or request prepared. (Ord. C-619 § 2, 2006)

13.04.170 Interruption of service.

The City shall exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of water to the customer, and to avoid any shortage or interruption of delivery of the same. The Director may at any time order the water cut off from any premises connected with the City mains without notice for repairs, extension or other necessary purposes, and persons having boilers supplied with City water are cautioned against danger of explosion or collapse. The City will not be liable for any damage that may occur on account of the water being cut off for any of the above purposes, or on account of the breaking of any pipe or fixture by water from the City’s mains. Water consumers who have any material, machinery, process or plant which requires a constant supply of water shall install upon their premises such water storage facilities as will prevent any damage in case City water supply may for any reason be interrupted or discontinued. (Ord. C-534, 2002; Ord. 94, 1965; Ord. 50, 1961)

13.04.175 Conservation.

There is hereby established a water conservation program adopting the following program guidelines:

A. The City shall budget for the purchase of water conservation kits that shall be made available to single-family residences without charge. Preferably, the kits will be taken door to door by a City employee or designee to discuss water conservation with each single-family residence.

1. Due to the limited number of conservation kits, the addresses contacted one year would not be contacted the following year. A list of addresses that have been contacted would be maintained at City Hall. The target residences would be the older, single-family homes including duplexes and mobile homes.

B. If unforeseen events prevent the door-to-door distribution procedure, the kits could be made available at City Hall, during regular business hours at no charge. The recipient’s address would be noted at City Hall to make sure a single residence does not receive multiple kits in the same year or the next. (Ord. C-799 § 2, 2013)

13.04.180 Shortage.

The Public Works Director shall determine the shortage and its severity. Severity will be determined by the following levels:

A. Level 1 shortage is the result of pump or motor failure expected to be out of operation up to seven days. The Public Works Director shall encourage water conservation through public notification.

B. Level 2 shortage is the result of one or more source(s) being shut down as the result of contamination or pumping level decreasing resulting in productivity of the source(s) dropping 25 percent or more from average. The Public Works Director shall notify the public of the following water restriction:

1. Even-numbered addresses shall only water lawns and landscaping on even calendar days.

2. Odd-numbered addresses shall only water lawns and landscaping on odd calendar days.

The City shall be held harmless for damage or loss to lawns and landscaping during a Level 2 shortage. Failure to comply with imposed water restriction shall result with enforcement as specified in AHMC 13.04.500. (Ord. C-488, 2001)

13.04.181 Restrictions on irrigation.

A. Irrigation shall be prohibited between the hours of 10:00 a.m. and 6:00 p.m. during the months of June, July, August and September.

1. This section does not apply to the establishment of new plantings, landscaping, or lawns, whether via seed or sod.

2. Person(s) requesting relief must furnish proof to the Director of Public Works that the new plantings, landscaping, or lawn was installed within the last 60 days.

3. Exceptions from this section will be limited to a period of 60 days from receipt approval.

B. Any person, firm or corporation who violates the provisions of this section shall be subject to the following penalties:

1. First violation: written warning.

2. Second violation: civil infraction pursuant to AHMC 13.04.500.

3. A third or subsequent violation of this section shall be a misdemeanor.

C. In addition, water service may be terminated under the provisions of AHMC 13.04.160. (Ord. C-687 § 1, 2008)

13.04.190 Shut-off – Notice not required.

A. Water may at any time be shut off from the mains without notice for repairs, extensions or other necessary purposes, and persons having boilers supplied by direct pressure from the mains are cautioned against damage or collapse. The City is not responsible for the safety of boilers on the premises of any customer.

B. The Clerk-Treasurer or Water Department shall notify users when it is possible to give advance notice of a water shut-off. (Ord. C-488, 2001; Ord. 50, 1961)

13.04.200 Service discontinuance – Notice required.

Should a customer desire to discontinue the use of all water supplied to the premises for a period more than three months, notice in writing must be given and payment in full of all arrearages, if any, made at the Office of the City Clerk-Treasurer. The water will then be turned on again upon application, but no remission of service charges will be made for a period of less than three months or without the notice prescribed in this section. (Ord. C-395, 1998; Ord. C-144, 1987; Ord. 50, 1961)

13.04.210 Service discontinuance – Fee.

A. Should any customer desire to discontinue the use of water for a period of less than three months for the customer’s convenience in making repairs, alterations or additions, the City disconnect and connect charge shall be as set by resolution of the City Council.

B. A nonpayment disconnect fee shall be imposed when service must be disconnected or a shut-off notice produced due to nonpayment of any outstanding water charges and shall be set by resolution of the City Council. (Ord. C-488, 2001; Ord. C-395, 1998; Ord. C-324, 1995; Ord. C-121, 1986; Ord. 161, 1976)

13.04.220 Unauthorized water use prohibited.

No person or persons supplied from the City water mains will be entitled to use water for any other purpose than for that which he has applied, nor to supply, in any way, other persons or families. (Ord. 50, 1961)

13.04.230 Hydrant operation – Unauthorized system use prohibited.

No person, other than an employee of the Water Department, Fire Department members or an employee of the Street Department, shall operate fire hydrants or interfere in any way with the City water system without first obtaining authority to do so from the Water Department. (Ord. 50, 1961)

13.04.232 Obstructing water prohibited.

No person may operate any water valve without the knowledge and written permission of the Director. (Ord. C-534, 2002; Ord. C-395, 1998)

13.04.234 Breaking structures – Appurtenance prohibited.

No person may break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment which is part of the water distribution system, including, but not limited to, any valve, hydrant, storage tank, backflow device, City-owned sprinkler system, supporting structures or substratum, or any part whatsoever of a public water system. (Ord. C-534, 2002; Ord. C-395, 1998)

13.04.236 Unauthorized connection to public water.

No unauthorized person may uncover, make any connection to, expose, use, alter, damage, or disturb any public water line or appurtenance thereof without first obtaining written permission from the Director, obtaining permits as required by this chapter, and paying fees therefor. (Ord. C-395, 1998)

13.04.260 Employees – Right of entry.

The employees of the Water Department may enter at any reasonable time any premises where any City water is used, for the purpose of making an examination of the meter, meter reading, or tests of the meter, and remove any meter from the premises for examination and test whenever necessary. Should entry to any premises where the meter is within said premises be denied, after reasonable notice thereof, City water service to such premises shall be terminated. (Ord. C-534, 2002; Ord. C-144, 1987; Ord. 198, 1978; Ord. 50, 1961)

13.04.280 Liability.

The City shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing, or equipment, and the City may, without further notice, discontinue service to any customer when a defective condition of line, plumbing, or equipment upon the premises of the customer, or is likely to result in interference with proper service, or liable to cause contamination of the water. The City does not assume the duty of inspecting the customer’s line, plumbing, or equipment, and shall not be responsible therefor, and will not be liable for failure of the customer to receive service on account of defective plumbing or apparatus on customer’s premises, or for excessive consumption. (Ord. C-144, 1987; Ord. 50, 1961)

13.04.300 Water line installers.

Construction of water lines shall only be performed by state of Washington licensed and bonded contractors or by the owner of the property that is to be served by the water. Owner installation shall be subject to the Director’s approval. (Ord. C-395, 1998)

13.04.310 Inspections.

All public and private water construction, repairs, alterations, extensions and abandonment shall be inspected by the Director or his/her designee.

A. One working day’s notice is required for scheduling inspections of water installations. Same day water inspection requests shall be dependent upon time allotments and inspector availability. The Director may set the water inspection times.

B. Requests to have inspections occur before or after normal work hours or on weekends or holidays are subject to the approval of the Director. An extra fee shall be assessed by the Director to cover weekend or holiday inspections and shall be received by the City no later than the preceding workday to the weekend/holiday inspection.

C. All costs incurred to remedy noncompliance shall be borne entirely by the owner and/or the owner’s contractor. A copy of the water installation permit shall be available at the job site and readily accessible to the inspector.

D. All waterlines subject to inspection must be inspected and found satisfactory before any trench may be backfilled or any sewer covered unless adequate length and in good condition on the job or a sloping trench so that the inspector can enter into the trench. If the inspector deems a trench unsafe, he/she need not enter it or complete the inspection. All requirements of the Washington State Department of Labor and Industries shall be observed at all times by the installer.

E. Call back inspection fees may be assessed to the installer for:

1. Re-inspections due to violations of this chapter or incorrect installations;

2. Partial inspections; or

3. Not being ready at scheduled time (if installer did not call to cancel or reschedule at least one-half hour in advance). (Ord. C-395, 1998)

13.04.320 Water connection permit required.

A. A water connection permit as authorized by the Director and issued by the Public Works Department is required in order to construct, repair, alter, extend or abandon any water line.

B. For a single-family residential unit, one permit is required for each separate ownership building connecting to City water.

C. For a condominium, townhouse, duplex, triplex or fourplex with separate ownership (as determined by lot lines) or separate address and separate taps, one permit is required per address per tap per meter installed.

D. For a single building duplex, triplex or fourplex with single ownership and a single address, one permit is required per address per meter installed.

E. Water connection permit requirements not specifically covered above shall be as determined by the Director.

F. Fees shall be set by resolution of the City Council. (Ord. C-395, 1998)

13.04.330 Eligibility for water connection permit.

A. A water connection permit will be issued only to current Washington State licensed and bonded contractors, the owner of property to be served by the water, or the owner’s authorized agent (who shall not be the licensed contractor) in the owner’s name. Such owner may be required to furnish reasonable proof of ownership. The Director has the authority to determine any other eligibility.

B. The applicant must apply for a water connection permit on a form provided by the Department of Public Works, pay the prescribed fee(s) and be issued a permit as authorized by the Director prior to any construction on the project, whether on private property or within public rights-of-way or easements.

C. Property owners or first time contractors who intend to perform work requiring a water connection permit shall first contact the Department of Public Works for information regarding construction regulations and standards. The Director must sign the application form in order for the applicant to be issued the water connection permit.

D. If the work to be done under the water connection permit requires the excavation or obstruction of the public right-of-way, the applicant shall be responsible to obtain an encroachment permit to perform work in the City right-of-way from the Public Works Department.

E. Except as specifically authorized by the Director, water connection permits will not be issued until the public water system serving the premises has been accepted for operation by the Director. In some cases, connection agreements, fees or engineered plans approved by the Public Works Department or Building Division may be required before the Director will authorize issuance of the water connection permit.

F. All water connection permits shall expire six months from date of issuance in order to control the number of water service connections allowed under the City’s operating permit issued by the Department of Health. (Ord. C-395, 1998)

13.04.340 Water construction regulations.

A. The Director is authorized to prepare, revise and administer standards, as established by resolution by the City Council, describing property controls for design, inspection and construction of water systems in conformance with this chapter and to ensure that the health, safety and welfare of the public are protected. The standards shall be printed in manual form as a portion of the “Airway Heights Public Works Manual” in accordance with and shall be considered part of this chapter.

B. The Standards Handbook may contain specifications relative to materials, design, construction, procedure, policy, inspection, backfilling and responsibilities in sewer installations.

C. The permissibility of specific situations not fully covered in this chapter or the Standards Handbook will be determined by the Director at the time of occurrence in accordance with the spirit and purpose of the code.

D. The Director may issue a cease and desist order against water construction in the City’s water service area by any person who fails to comply with any provision of this chapter related to waterline construction. Any such violation or instance of noncompliance may result in said violator(s) appearance at an administrative hearing before the Director to determine the facts for possible issuance of a cease and desist order and its duration. The result of any administrative hearing shall not preclude the City from pursuing additional legal action as provided herein. (Ord. C-395, 1998)

13.04.350 Construction plans.

A. The Director shall require water construction plans, certified by a professional engineer, to be submitted for review and approval, including, but not limited to, larger new and existing commercial water connections, public water systems, plats, developments, boosted pressure water systems, including pump specifications, private waterlines, or any other water construction the Director deems necessary. In any case where a plan is required to be submitted to the Public Works Department, an “as-built” plan must be submitted within 30 days after the completion of waterline construction for review and approval. Extensions may be granted by the Director.

B. Changes to approved plans must have the prior written approval of the Director and/or be resubmitted for review and approval before starting any work. The Director may stop any work upon determining that the work is not being performed according to the approved plans, and may direct corrections of such work to comply with the approved plans and specifications, and this chapter.

C. In any cases where a plan is required, no work shall begin without an approved plan (stamped “FOR CONSTRUCTION”) and a set of the approved plans shall be on the job site and readily accessible to the inspector. (Ord. C-534, 2002; Ord. C-395, 1998)

13.04.360 Equipment – Projects – Minor expenditures.

A. To the maximum extent permitted by state law, the Director may acquire such equipment, engage in projects, enter into contracts, and perform such functions as may enable the Public Works Department to carry out its water distribution responsibilities and such other purposes as the City Manager may direct and authorize. These powers shall be broadly construed to accomplish their intended purpose.

B. The City Manager has authority to approve departmental expenditures of funds for equipment and projects, which may be funded by the respective department fund, by grant, or by appropriation from federal, state, or local resources as the City Council deems appropriate. (Ord. C-534, 2002; Ord. C-488, 2001; Ord. C-395, 1998)

13.04.370 Miscellaneous rates and charges.

Any rates and charges not otherwise provided for herein shall be set by resolution of the City Council. (Ord. C-395, 1998)

13.04.400 Abatement of public nuisance.

A. Notwithstanding any other provision of this chapter and in addition thereto, the maintenance of any condition contrary to the public health and safety, or creating or tending to create a risk to the public health and safety, or danger or possibility thereof, or contamination of any public or domestic water supply system or well, or a danger or possibility thereof, shall constitute a public nuisance and at the discretion of the Director or Health Officer, shall be subject to immediate abatement by the City at the expense and liability of the premises’ owner or other responsible person.

B. Abatement of any nuisance as defined above may be billable as a utility service furnished to the premises wherein the condition arose or exists.

C. This section shall not limit the premises owner’s or other party’s rights to seek recovery against other responsible persons.

D. Specifically, any violation of the City’s water ordinance and standards, including the regulations and orders made pursuant to its authority, is a public nuisance and is subject to abatement, including summary abatement by the Director, the Health Officer or the Washington State Department of Ecology, all at the expense of the responsible persons. (Ord. C-395, 1998)

13.04.500 Penalty.

A. Any person who violates or fails to comply with any of the provisions of this chapter, or who counsels, aids or abets any such violation or failure to comply, shall be subject to a civil penalty not to exceed $1,000.

B. Noncompliance after the expiration of the time specified in any notice authorized in this chapter shall be a separate violation and each day following such notice that the violation continues shall constitute a separate and additional violation.

C. Violations of AHMC 13.04.220, 13.04.230, 13.04.232, 13.04.234, and 13.04.236 shall constitute a misdemeanor, punishable by a fine of up to $1,000 or imprisonment of 90 days in jail, or by both such fine and imprisonment.

D. In all cases of violation of the water ordinance, whether civil or criminal, restitution of damages, costs and expenses are required.

E. No occupancy permit shall be issued for any newly built structure unless it is connected to the City water. Any building existing in violation of this chapter shall immediately comply with the provisions set out in this chapter. In addition to any other remedy, the City requires a charge equal to the charge (installation fee) if the property were connected, and such charge shall be a lien against the property. The City may, at its option, make any required connection, the cost of which shall be paid by the owner and be a lien against the property, including interest at the legal rate.

F. It shall be a misdemeanor for any person to knowingly use or occupy a building that has not been connected to the City water in violation of this chapter. For the purpose of this section, the term “use” shall include renting of a building to another. Violation of this section is punishable by a fine of up to $1,000 or imprisonment of 90 days in jail, or by both such fine and imprisonment. (Ord. C-395, 1998)

13.04.510 Search warrants – Administrative – Criminal.

Supplemental to and not by way of limitation of any other provisions in this chapter, the Director, on his/her initiative or application of any City official or inspector, may seek an administrative search warrant or order and request the presence of law enforcement officials to assist City employees in the performance of any inspector or administrative duties, but no such warrant or order shall be a necessary precondition of any request for Law Enforcement Officer assistance to any other public employee in the performance of his/her duties under this chapter. (Ord. C-395, 1998)

13.04.900 Severability clause.

If any section, clause or sentence of this chapter is declared by any court of competent jurisdiction on final appeal (if any appeal is taken) to be contrary to law, then such section, clause or sentence shall be null and void and shall be deemed separable from the remaining provisions of this chapter and shall in no way affect the validity of the other provisions of this chapter. (Ord. C-395, 1998)