Chapter 14.08
SEWER CONNECTION1
Sections:
14.08.010 Connect to city sewer.
14.08.020 Connection by city – Lien.
14.08.050 Charges deemed lien – Water turn off.
14.08.060 Owner responsibility.
14.08.070 Sewer superintendent – Fund.
14.08.080 Charges – Disposition of revenue.
14.08.010 Connect to city sewer.
Each and every structure within the city which is utilized for human occupation, required to have sewer facilities and not then connected to the city sewer system, shall connect to the city sewer system at the sole expense of the property owner when the property is within 200 feet of a sewer main line and one of the following occurs:
(1) The septic system serving the property is deemed to have failed by the Pierce County health department;
(2) Upon expansion of the structure beyond its then existing square footage, unless a certificate from the Pierce County health department is delivered to the city indicating the septic system is in proper working order and adequate for the proposed expansion; or
(3) Upon sale of the property, unless a certificate from the Pierce County health department is delivered to the city indicating the septic system is in proper working order and adequate for the proposed existing structure.
All new construction within 200 feet of an existing sewer line shall be connected to the city sewer system. (Ord. 31-97 § 1, 1997; Ord. 581 § 1, 1953).
14.08.020 Connection by city – Lien.
If any connection or any needed repair to an existing connection is not made within the time provided in this chapter, the water superintendent of the city, or such employee as the city council hereafter designates, is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the city treasurer and thereupon a warrant shall be issued under the direction of the city council by the city treasurer and against the water and sewer revenue fund created in BMC 14.08.030 for the payment of such costs. Such amount, together with a penalty of 10 percent of the amount thereof, plus interest at the rate of six percent per year upon the total amount of such costs and penalty, shall be assessed against the property upon which the building or structure is situated and shall become a lien thereon as provided in this section. Such total amount when collected shall be paid into the water and sewer revenue fund. (Ord. 06-15 § 26, 2015; Ord. 581 § 1, 1953).
14.08.030 Rates designated.
(1) Sewer service rates and charges shall be listed within the fees, fines and rate schedule established by resolution of the city council.
(2) Twenty-five percent of the revenues from sewer user rates shall be placed into a capital improvement fund, which may be appropriated from time to time for replacement of old or construction of new capital facilities.
(3) The rates established by resolution of the city council shall be increased by three percent on January 1, 2009, and by three percent annually thereafter. (Ord. 13-08 § 14, 2008; Ord. 21-06 § 1, 2006; Ord. 26-05 § 1, 2005; Ord. 25-04 § 1, 2004; Ord. 11-03 § 1, 2003; Ord. 08-02 § 1, 2002; Ord. 14-01 § 1, 2001; Ord. 17-00 § 1, 2000; Ord. 14-00 § 1, 2000; Ord. 36-99 § 1, 1999; Ord. 41-98 § 1, 1998; Ord. 3-98 § 1, 1998; Ord. 37-95 § 2, 1995; Ord. 23-94 § 3, 1994; Ord. 17-93 § 2, 1993; Ord. 29-92 § 2, 1992; Ord. 5-92 § 5, 1992; Ord. 14-88 § 1, 1988; Ord. 21-85 §§ 1 – 4, 1985; Ord. 28-84 §§ 1 – 4, 1984; Ord. 948 § 2, 1978; Ord. 897 § 1, 1976; Ord. 889 §§ 1, 3, 1975; Ord. 713 § 1, 1965; Ord. 705 § 2, 1965; Ord. 581 § 2, 1953).
14.08.040 Payment of fees.
(1) All charges and/or fees for sanitary sewage disposal services are due and payable at the office of the city administrator by the fifteenth of every month (due date). If payment is not received within five days of the due date, the account shall become delinquent. On or about the first of every month a notice shall be sent to the customer noting the balance due, including any penalties and interest. After the city sends a notice of delinquency on the account, the customer must pay any delinquent amounts within 15 days or service may be disconnected. Any sanitary sewage disposal service account that has been deemed delinquent shall be assessed a late penalty of five percent of the delinquent amount. The utility billing clerk shall, not later than the fifteenth day of each following month, furnish to the public works director a list of all sanitary sewage disposal service accounts that are delinquent. After sanitary sewage disposal service accounts become delinquent, the public works director shall cause to be shut off water service to the premises affected by such delinquency and the water service shall not be turned on again until all, or if less, at least 12 months of delinquent charges and fees, including a fee established by resolution of the city council for the cost of issuing the shut-off notice and dispatching the city crew, shall be paid in full to the city administrator’s office.
(2) The city administrator is authorized to waive all or any portion of the penalties and interest if the administrator determines that late payment was the result of excusable neglect or extreme hardship. (Ord. 04-19 § 3, 2019; Ord. 15-10 § 4, 2010; Ord. 05-09 § 4, 2009; Ord. 581 § 3, 1953).
14.08.050 Charges deemed lien – Water turn off.
(1) All charges for sewer service for connections therefor and all charges for late fees and penalties for administration of shut-off notices for water, together with penalties and interest provided in this chapter, shall be liened upon the property to which such connections are made or sewer service furnished, superior to all other liens and encumbrances whatsoever, except for those for general taxes, and local and special assessments. Such liens shall be enforced in the manner provided by law.
(2) All charges for sanitary sewage disposal service and for connections thereto, together with penalties and interest thereon as provided in this title and by statute, shall be a lien upon the property to which such connection is made or such service furnished, superior to all other liens or encumbrances except those for general taxes, special assessments, and city water service. A sewer lien shall be effective for a total not to exceed one year’s delinquent service charges without the necessity of any writing or recording of the lien with the county auditor. Enforcement and foreclosure of any sewer lien shall be in the manner provided by state law.
(3) As an additional and concurrent method of enforcing a sewer lien authorized by this section and state law, the city may shut off the water service to the premises to which such sewer service was furnished or connections made after the charges became delinquent and unpaid, until the charges are paid, subject to the conditions set forth in state law.
(4) All charges for water service shall be a lien upon the premises and shall be enforceable by shutting off water service until the delinquent bill is paid, subject to the conditions set forth in state law. When water service is shut off pursuant to this section, the water shall not be turned on again until the bill is paid, subject to the conditions set forth in state law, together with a turn-on charge, as established by resolution of the city council of the city. (Ord. 05-09 § 5, 2009; Ord. 05-00 § 3, 2000).
14.08.060 Owner responsibility.
Any person who has the care, custody, control or management of any premises or building or who has control of the renting thereof or the collection of rentals therefrom shall, for the purposes of this chapter, be deemed to be the agent of the owner of such premises or building and the giving of all notices provided for in this chapter to said agent shall be deemed due notice to said owner. (Ord. 581 § 5, 1953).
14.08.070 Sewer superintendent – Fund.
Such person who shall from time to time under the authority of the city council act as water superintendent for the city shall also act as superintendent of sewers. The city treasurer shall collect all the rates and charges provided for in this chapter and accruing from time to time, and all such sums when collected shall be paid by the city treasurer into a fund which is created and entitled “water and sewer revenue fund.” (Ord. 06-15 § 27, 2015; Ord. 581 § 6, 1953).
14.08.080 Charges – Disposition of revenue.
All sewer connection charges collected by the city shall, after the first day of October, 1978, be paid into the water and sewer revenue fund as set forth in BMC 14.08.070. (Ord. 960 § 1, 1978).
For statutory provisions regarding the authority of cities and towns to compel property owners to use the municipal sewer system, see RCW 35.67.190; for statutory provisions granting that cities and towns owning their own sewer systems shall have a lien for delinquent and unpaid rates and charges for sewer service, see RCW 35.67.200.