Chapter 13.01 GENERAL REGULATIONS

There are established and created a water and wastewater department. The water and wastewater department shall manage and control city-owned water and wastewater systems and the supply of water and wastewater services. The street department shall manage and control the storm water runoff and drain system.

The services for water, wastewater, and the storm water drain system may be referred to collectively as “city utility services” and shall remain under the control, supervision and direction of the mayor’s designee within the requirements established by the mayor and council through adopted ordinances, policies and budget constraints. (Ord. 1249 § 2, 2016; Ord. 1226 § 1, 2014; Ord. 1141 § 1(a), 2009; Ord. 945 § 6, 1999).

13.01.020 Utility regulations and rates.

The city clerk-treasurer may publish those regulations and rates for city utility services as authorized by CMC Title 13 and as adopted by resolution of the city council, and as may be updated as necessary by resolution of the city council to reflect changes in regulations, fees, and charges for city utility services. (Ord. 1226 § 1, 2014; Ord. 945 § 7, 1999).

13.01.030 Enforcement and penalties.

Any person, partnership, association, firm or corporation who violates or fails to comply with this CMC Title 13, is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set forth in CMC 14.13.020, which remedies are cumulative, not alternative remedies, and are in addition to any other remedy to which the city may be entitled by law. Any violation of CMC Title 13 is declared to be a public nuisance, subject to abatement or injunctive relief in accordance with the laws of the state of Washington.

Theft of city utility services, fraudulent application or service connections shall be prosecuted to the fullest extent allowed by Washington State law. (Ord. 1226 § 1, 2014; Ord. 945 § 8, 1999).

13.01.040 Restriction of utility service.

No person supplied with water utility services may use the same for any purposes other than that stated in the application, or to supply any other person or persons, firm or corporation except as provided in this chapter. In the event any person is found violating any of the provisions of this section, the city shall cut off service supplied to the premises of the person so offending and shall not restore such service until all nonpermitted and improper service connections have been disconnected and application has been made for the correction of the nonpermitted connection, has been submitted to the city and all connection charges have been paid along with any penalties or fines. (Ord. 1226 § 1, 2014; Ord. 1141 § 1(b), 2009; Ord. 945 § 8, 1999).

13.01.050 Unauthorized connections.

It shall be a violation of this title for any person to make an unauthorized connection to any utility belonging to or under the control of the city or make any such connection after service has for any cause been discontinued, or to install or construct any utility services that fail to meet or exceed the standards and regulations contained or adopted by this title. (Ord. 1226 § 1, 2014; Ord. 945 § 9, 1999).

13.01.060 Tampering with utility meters.

It shall be considered a theft of city property for any person to disturb, interfere with or damage any utility metering device, or in any way to distort or bypass a meter’s ability to accurately record the amount of utility service used. (Ord. 1226 § 1, 2014; Ord. 945 § 10, 1999).

13.01.070 Application and contract.

The owner or the owner’s duly authorized agent shall sign each application for utility services.

A. Application for the use of utility services shall be made by written contract on printed forms furnished by the city. The application shall contain the legal description and location of the premises where utility services are desired and other pertinent information as required by the city clerk-treasurer.

B. By signing the application, the applicant shall agree to the terms and provisions of this title and to conform to the rules and regulations set forth by resolution of the city council.

C. Each application for utility service shall include payment of an account service charge to be determined by the city council and set forth by resolution of the city council including any applicable charges authorized by this chapter.

D. All costs for extending utility services including main line extensions and service line connections shall be at the expense of the property owners who will benefit by receiving the new or extended services. Costs shall be prorated among all benefiting land owners in accordance with the equivalent number of residential units method described in CMC 13.01.200. (Ord. 1226 § 1, 2014; Ord. 945 § 11, 1999).

13.01.080 Change of use – Application and permit.

If the owner or occupant of any premises using any city utility service desires additional capacity or for purposes other than as stated in their original application, they shall make a new application following the procedures established in CMC 13.01.070. No person shall be permitted to make any alterations or changes to existing utility services without first securing an approved permit. All permitted changes or improvements shall be inspected before the utility service shall be placed in service. (Ord. 1226 § 1, 2014; Ord. 945 § 12, 1999).

13.01.090 Service interruptions – Limit of liability.

A. The city reserves the right to shut off any city utility service at any time with or without notice. A shutoff without notice may be done in order to make repairs or extensions to the utility, in case of accident to any part of the city utility system, to terminate or disconnect an unlawful connection and otherwise enforce violations of this title (which termination or enforcement is subject to the limitations set forth in subsection B of this section), or for any other purposes. A shutoff for nonpayment of utility service fees and charges shall be done in compliance with the procedures set forth in CMC 13.01.120.

B. Except in the event of an emergency necessitating immediate utility shutoff, as determined in the sole discretion of the city, in the event the owner of property has committed a violation of this title, other than a utility account delinquency, that may result in shutoff or termination of service to property that the city has actual knowledge is occupied by a tenant/occupant (other than the owner), the tenant/occupant shall, to the extent reasonably possible, be given written notice of the proposed termination and opportunity to cure or appeal such termination pursuant to the procedures set forth in CMC 13.01.120.

C. The city shall not be responsible for any damage caused by any interruption or termination of utility service, including the breaking of any pipe or fixture, or fixture stoppage, or any loss of business revenue or any other damage resulting from the shutting off, termination, or restarting of the water service. (Ord. 1226 § 1, 2014; Ord. 1217 § 1, 2013; Ord. 1141 § 1(c), 2009; Ord. 945 § 13, 1999).

13.01.100 Water and sewer lines definitions, ownership, maintenance, and locates.

A. The following terms shall have the following definitions for purposes of this section:

“Wastewater main line” means a pipe or system of pipes, owned and maintained by the city, and used to transport waste from a wastewater service line to the wastewater treatment plant. Wastewater main lines are typically in the public right-of-way or a dedicated easement to which, with city approval, a wastewater service line may be connected.

“Wastewater service line” means the pipe transporting waste from the building or structure to the city-owned wastewater main line and includes any portion of pipe within the public right-of-way.

“Water main line” means a water supply pipe or system of pipes owned and maintained by the city. Water main lines are typically in the public right-of-way or a dedicated easement to which, with city approval, a water service line may be connected.

“Water service line” means the pipe from the city water main line serving the structure or building.

B. Water Lines.

1. The city owns all water main lines that have been accepted by the city.

2. City ownership of water main lines extends from the water main to the meter box when the meter box is located within the public right-of-way. The city ownership extends from the water main line to the isolation valve in the public right-of-way when the meter is located on private property or to the public right-of-way line when there is no isolation valve in the public right-of-way.

All costs for installation, repair and maintenance of any water service line not described above as a water main line owned by the city is the responsibility of the property owner(s) served by the water service line.

3. The city owns and maintains all meters and meter boxes regardless of whether they are located within the public right-of-way or on private property.

C. Wastewater Lines.

1. The city owns all wastewater main lines that have been accepted by the city.

2. The wastewater service line extends:

a. From the city-approved and city-owned riser or shutoff valve (if a riser or shutoff valve has been installed) to the building;

b. From a manhole or cleanout located in the public right-of-way or at the public right-of-way line to the building; or

c. From the wastewater main line to the building if the circumstances described in subsection (C)(2)(a) or (b) of this section do not exist.

A wastewater service line is owned entirely by the property owner(s) served by the wastewater service line. All costs for installation, repair and maintenance of a wastewater service line are the responsibility of the property owner(s) served by the wastewater service line. The property owner(s) served by a wastewater service line shall be responsible for repair of any break or blockage of a wastewater service line that occurs on private property, within the public right-of-way, within an easement, or within the building plumbing.

D. Locates.

1. The city shall respond to requests for locates of water main lines and wastewater main lines when requested, regardless of where they are located. (Ord. 1320 § 1, 2023; Ord. 1242 § 1, 2015; Ord. 1226 § 1, 2014; Ord. 1141 § 1(d), 2009; Ord. 1081 § 1, 2006; Ord. 1028 § 1, 2003; Ord. 945 § 14, 1999).

13.01.110 Rates for utility services.

The city council shall establish and as deemed appropriate amend by resolution rates to be paid for the consumption of water, wastewater and all other service and connection fees as provided by CMC Title 13. Whenever any such rates are changed by the council, due notice thereof shall be given to the public by publication once in the official newspaper of the city. (Ord. 1226 § 1, 2014; Ord. 1141 § 1(e), 2009; Ord. 945 § 15, 1999).

13.01.120 Billing procedures – Termination of service for delinquent accounts.

A. Water/sewer utility service shall be billed on a monthly basis. The payment of water/sewer service shall be the responsibility of the owner of the property for which water/sewer service has been requested. The owner of the property shall be considered a customer and in all situations shall remain fully responsible for payment of all water and sewer service billings. The city council may by council resolution authorize tenants in certain situations to be treated as the customer. In those situations, references herein to a customer or to customers shall be considered as references to the owner and to the tenant. Payment for city utilities shall be made on or before the city’s last business day of the month the bills are issued or mailed. It shall be the responsibility of the owner to notify the city in writing of any address changes. An additional delinquency fee, as set by resolution of the city council, shall be added to delinquent accounts for administrating delinquent notices as set forth in and required by this section.

B. The city may terminate water service or, in the event the property does not receive city water service but does receive sewer service from the city, sewer service, to the property for nonpayment or delinquent payment of applicable water/sewer utility account balances. The procedures for termination of sewer service for account delinquencies by customers that receive only city sewer service and do not receive city water service are set forth in CMC 13.15.150, as existing or may hereafter be amended. Termination of water service for account delinquencies by customers receiving city water service (which may also include city sewer service) shall be subject to the following procedures:

1. If no timely payment in full of water and sewer charges is made as set forth in this chapter and the customer’s account thus becomes delinquent, a delinquency fee or penalty, set by resolution of the city council, shall be added to the account.

2. When an account becomes delinquent, the city clerk or duly authorized representative shall mail to the owner and occupant/tenant of the property, if different, a termination notice, in writing, postage prepaid, to the last known address of such customer, allowing at least seven days before service interruption. The notice must include the following information:

a. The customer’s name and service address;

b. A statement of the delinquent water and sewer charges, including interest, penalties and late fees (if any);

c. A statement that, if such delinquent water and sewer charges are not paid in full on or before the date noted on the termination notice, water service to the property may be terminated in accordance with RCW 35.21.300 (as presently enacted or hereafter amended);

d. A statement that, if such delinquent water and sewer charges are not paid in full, the city shall have a lien against the property in accordance with RCW 35.21.290 (as presently enacted or hereafter amended); and

e. A statement advising the customer that, if the customer disputes the charges alleged to be owed and/or past due, the customer may appeal the charges prior to service termination by requesting an informal hearing before the mayor, or the mayor’s authorized designee.

A lien arising against the property pursuant to this section shall be superior to all other liens or encumbrances except those for general taxes and special assessments.

3. A customer may informally appeal the delinquent charges or proposed termination of water service set forth in the notice using the procedures set forth in this subsection. Any such informal appeal hearing request by a customer shall be in writing and provided by the customer to the city clerk’s office prior to the scheduled date of water service termination. Any informal hearing on the appeal must be scheduled to occur within seven days of the date of receipt of the written appeal by the city clerk’s office. The mayor’s decision following the informal hearing shall be issued, in writing, no later than five days following the hearing. During the pendency of the appeal hearing proceedings, the customer shall continue to receive water and sewer service to the property. Upon issuance, the mayor’s decision shall be final and binding on the customer, and the city may proceed to terminate the water service to the customer without further notice to the customer unless the customer has made payment, in full, of the delinquent charges. Failure to appeal or request a hearing prior to water service termination will result in the loss of any ability to appeal the charges, and any reconnection of water service will require payment of all applicable charges as set forth by city resolution.

4. In the event the past due charges remain unpaid as of the date indicated on the termination notice, and no appeal hearing has been scheduled, the city clerk or duly authorized representative shall personally deliver to and post on the property a final notice of imminent service termination, which notice shall advise the customer that water service will be terminated at or after 10:00 a.m. the day following delivery of the final notice if the past due charges remain unpaid as of 10:00 a.m. the day following delivery of the final notice. The notice shall advise the customer that the time period to appeal the past due charges has expired, such that payment, in full, of the past due charges is required to prevent water service termination.

5. The tenant/occupant of any rental property shall be notified of an owner’s delinquency, as set forth in this section, which may result in termination of water service to the tenant/occupant’s property. To prevent termination of water service due to the owner’s delinquency, the tenant/occupant shall be permitted to make payment on the owner’s account for the current period service charges (excluding late fees or penalties) to prevent water service termination to the rental property. In the event the owner is in arrears in excess of the charges for the current service period, the tenant/occupant shall not be required to pay the full arrearage owed by the owner to prevent water service termination, but shall only be required to pay for the current service period, and each subsequent period as water and sewer services are consumed. The tenant/occupant may appeal any notice of the termination due to the owner’s delinquency using the procedures set forth above in this section.

6. In lieu of any notice by mail required in this section, notice may be personally delivered to the customer. Failure to receive mail properly addressed to such owner or tenant/occupant shall not be a valid defense for failure to pay such delinquent charges. Any change in ownership of property or change in mailing address must be properly filed in writing with the office of the city clerk within 10 days after such change of status.

7. All partial payments shall be applied to the oldest charges first, and in the following order: first to interest, penalties, and attorneys’ fees; next to capital system charges; next to sewer fees and charges owing; and next to water fees and charges owing. (Ord. 1267 § 1, 2018; Ord. 1242 § 2, 2015; Ord. 1226 § 1, 2014; Ord. 1217 § 2, 2013; Ord. 1141 § 1(f), 2009; Ord. 945 § 16, 1999).

13.01.130 Calculation of water and wastewater charges.

Rates for the use of city water utility services shall be on the basis of meter readings. Rates for wastewater services to residential customers shall be based on a flat rate per equivalent residential unit. Wastewater rates to industrial, commercial or public customers shall be based on the volume of water used and the type of wastewater generated (e.g., BOD loading, and presence of other substances that will require additional measures to treat the wastewater). As an alternative to the aforementioned method of charging for commercial wastewater, a commercial customer may install a city-approved wastewater meter and be charged based upon the wastewater meter readings. The actual rates, including minimum monthly rates for water and wastewater services, shall be as set forth in city rate resolutions approved from time to time by the city council. (Ord. 1281 § 1, 2019; Ord. 1226 § 1, 2014; Ord. 1141 § 1(g), 2009; Ord. 945 § 17, 1999).

13.01.140 Water rights transferred to city.

Repealed by Ord. 1320. (Ord. 1226 § 1, 2014; Ord. 945 § 18, 1999).

13.01.150 System development charges.

The purpose of system development charges is to help defray the costs of system improvements. Every new utility connection shall be assessed a one-time system development charge for each new utility service connection. Each city utility service (water, wastewater, and storm drains) is subject to a separate system development charge.

A. System development charges shall be based upon the number of equivalent residential units assessed. Any conversion of property use that increases the number of ERUs shall be assessed for the number of new ERUs created.

B. New commercial or industrial utility connections shall be assessed a system development charge based upon the number of ERUs or size of connection for the business.

C. System development charges for a specific utility service delivered to a specific development or parcel of land are one-time charges that are based on equivalent residential units.

1. At such time that additional connections are added on any parcel, additional ERUs will be assessed.

D. All rates for utility system development charges shall be adopted, and updated by resolution of the city council. (Ord. 1226 § 1, 2014; Ord. 1141 § 1(h), 2009; Ord. 945 § 19, 1999).

13.01.160 Connection fees.

Each new utility connection, installation or upsizing of an existing utility service shall be assessed a connection fee to cover the cost of labor and materials to make the service connection to the main line, and for any meters or other equipment necessary to install the service. Rates charged for making new connections or upgrades shall be adopted by resolution of the city council from time to time. (Ord. 1226 § 1, 2014; Ord. 945 § 20, 1999).

13.01.180 Utility reimbursement agreements.

Development of new utility main lines may be accomplished by a utility local improvement district (ULID) established by petition of property owners as specified by Chapter 35.91 RCW, or when applicable by use of a utility reimbursement agreement meeting the requirements of Chapter 13.32 CMC. (Ord. 1226 § 1, 2014; Ord. 945 § 22, 1999).

13.01.190 Reimbursement fees.

Reimbursement assessments or fees arising pursuant to a utility reimbursement agreement shall be established pursuant to the provisions of Chapter 13.32 CMC. (Ord. 1226 § 1, 2014; Ord. 1205 § 1, 2012; Ord. 1155 § 7, 2009; Ord. 1018 § 1, 2002; Ord. 945 § 23, 1999).

13.01.200 Equivalent residential units.

The purpose of equivalent residential units (ERUs) is to assist in the fair proportioning of costs for new utility systems to the properties that will benefit from the new systems. One equivalent residential unit equals one single-family residence. Calculating of the maximum equivalent residential units for a parcel of land is accomplished by the following formula:

A. To determine the maximum number of ERUs per parcel of land for those areas which are zoned residential: divide the net land area available for development by the maximum number of single-family residential lots that could be created at maximum zoning density allowed by CMC Title 17 (net land area for development equals the gross land area less any area necessary for roads).

B. The minimum number of ERUs shall be not less than one per parcel of land.

C. A property owner may request that the number of ERUs determined for their property be determined based on the following factors:

1. Pending applications for dividing land; or

2. Physical property conditions, recorded easements, or legal factors that limit the potential for future development; or

3. A signed statement acknowledging that if additional connections above the number of ERUs assigned to the property are desired at a future date those connections shall be subject to the latecomer charges as authorized by CMC 13.01.190.

D. For multifamily developments each dwelling unit shall be considered as 0.8 ERU.

E. Commercial, Industrial or Public Developments. The number of equivalent residential units shall be calculated by a professional engineer and based upon the design capacity of the development and volume of utility services to be consumed.

F. Values to be assessed for each equivalent residential unit or fraction thereof shall be determined on a case-by-case basis as follows: Total actual development costs for a utility improvement project shall be divided by the total number of equivalent residential units that receive benefits. Total development costs shall include all actual costs directly related to the engineering, administration, and construction of a utility improvement project. (Ord. 1226 § 1, 2014; Ord. 1018 § 2, 2002; Ord. 945 § 24, 1999).

13.01.210 Meter placement and inspection.

All meters and meter boxes and lids shall be the property of the city and shall be set and placed for use upon lands or structure at the applicant’s expense and shall be so placed as to render the meter or meters convenient and accessible to the inspection and reading thereof by authorized agents of the city.

A separate meter in accordance with the provisions of this chapter must connect each separately owned dwelling, building, block or structure proposed to receive utility service. Multi-unit dwellings, buildings, or structures may be served by a single meter if all units within the dwelling, building, or structure are owned by the same person or entity. Any separately owned units within a multi-unit dwelling, building, or structure must be separately metered. (Ord. 1226 § 1, 2014; Ord. 945 § 25, 1999).

13.01.220 Separate meters required.

Whenever any person desires to use water for purposes classified under different heads or rates, a separate meter shall be installed to measure the water at each rate. (Ord. 1226 § 1, 2014; Ord. 1141 § 1(i), 2009; Ord. 945 § 26, 1999).

13.01.230 Repair and replacement of meters.

In all cases where meters are lost, or damaged by fire, negligence or deliberate acts by the property owner or tenant, they will be replaced by the city with a new meter and the cost shall be charged to the owner or occupant of the premises. (Ord. 1226 § 1, 2014; Ord. 945 § 27, 1999).

13.01.240 Faulty meter – Computation of charge.

In the event a meter becomes out of order or fails to register the proper amount of utility service consumed, the owner or occupant of the premises where such faulty meter is being used shall be charged at the average rate of consumption which was recorded for the past 12 months that the meter or meters were in running order. (Ord. 1226 § 1, 2014; Ord. 945 § 28, 1999).

13.01.250 Meter reading – Right of entry.

The city’s authorized agents are granted the right to enter all premises for the sole purpose of reading and inspecting any such utility meter or meters during normal city business hours. No service will be commenced until a fully operational meter has been installed and inspected.

Upon notice to the property owner, employees of the city and all other persons authorized by the city shall have access, during normal city business hours, to any part of a structure which is being supplied with city water or wastewater utility service for the purpose of inspecting the condition of water and/or wastewater pipes and the fixtures used in such buildings and the manner in which they are being used. It is unlawful for any person to violate any of the provisions of this section. This provision does not place any responsibility on the city to identify, alter, or repair substandard or malfunctioning pipes or other private facilities. (Ord. 1226 § 1, 2014; Ord. 1141 § 1(j), 2009; Ord. 945 § 29, 1999).

13.01.260 Shared meter.

When two or more families, firms, or corporations are tenants in one building, or multiple housing units under one ownership, and use a city utility service through the same meter, the charge shall be billed to the property owner, who shall be responsible for making payment in full. (Ord. 1226 § 1, 2014; Ord. 945 § 30, 1999).

13.01.270 Unauthorized turn on – Disconnection – Charge.

Should any unauthorized person turn on water service or allow or cause a utility service to be turned on after it has been turned off by the city, the service shall be disconnected by removing the meter from the premises. A charge for reconnecting said utility shall be assessed as adopted by resolution of the city council from time to time. Repeated violations of this section shall be considered a theft of city utility services which shall be prosecuted to the fullest extent of the law. (Ord. 1226 § 1, 2014; Ord. 1141 § 1(k), 2009; Ord. 945 § 31, 1999).

13.01.280 Water shortage emergency.

The city council may declare a water shortage emergency and direct that one or more of the following measures be implemented to conserve water for basic household and domestic uses, excluding watering of lawns and gardens.

A. Direct water customers that lawn and garden watering be done only on designated days.

B. Direct that water customers cease all outside use of watering from city systems.

C. Direct that each water customer be allowed a certain number of gallons of water per specified time period, the number of gallons and time period to be determined by the severity of the drought conditions and any limits placed upon the city’s ability to withdraw water from all available sources.

D. Notice of a water emergency shall be in the official city newspaper weekly during the emergency and may also be posted or delivered to assure all customers receive timely notice. (Amended during 9/14 supplement; Ord. 1226 § 1, 2014; Ord. 945 § 32, 1999).

13.01.290 Excavations – Safety requirements.

All excavations for building utility installations shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety. A permit shall be required for any work within a street right-of-way. All restoration and patching of streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be completed to the standards and specifications contained in the City of Cashmere Design Standards Manual and restored promptly in a manner satisfactory to the city. (Ord. 1226 § 1, 2014; Ord. 945 § 33, 1999).

13.01.300 High usage – Appeals.

When abnormally high usage is determined by the city water department to be due to a leak, a significantly high billing may be appealed to the city clerk-treasurer provided the leak was not caused by the intentional act of the utility customer or his agents or employees. “Significantly high” means the water portion of the utility billing is over $100.00 more than the ordinary billing for that month according to the billing history for the account. The clerk-treasurer or designee may agree to limit the affected billing to not more than the historical billing for the month in question plus 10 percent of the total actual metered water billing amount. Such appeals may only be made for the first month’s billing that is significantly high as a result of the leak. If billing relief is granted, the customer shall be responsible for documentation to the city, in the form of a receipt or city inspection, that the leak has been repaired within 30 days of the first significantly high billing resulting from the leak. Failure to repair the leak and provide the required documentation within 30 days will result in the entire bill, plus all applicable penalties, becoming due and payable to the city. (Ord. 1226 § 1, 2014; Ord. 1140 § 1, 2009).