Chapter 13.12
WATER AND SEWERAGE SYSTEMS COMBINED
Sections:
13.12.040 Governance – Adoption by reference.
13.12.070 Collection of late payments.
13.12.080 Sewer lien notice fee.
13.12.090 Termination of water service.
13.12.100 Liability for damage from shut-off.
13.12.110 Charge of notification.
13.12.120 Unauthorized reconnection.
13.12.130 Request for disconnection.
13.12.010 Utilities combined.
The water system and the sewer system of the town of Concrete are herewith combined and, upon the effective date of the ordinance codified in this chapter, the town of Concrete be and is hereby authorized to jointly operate and maintain said water and sewer systems. [Ord. 298 § 1, 1985]
13.12.020 Utilities named.
Said combined systems shall be known as the town of Concrete utilities. [Ord. 298 § 3, 1985]
13.12.030 Authority to act.
This chapter is enacted pursuant to RCW 35.67.331 and the town of Concrete shall herewith have all the authorities and powers granted to towns to operate said systems under Washington law. [Ord. 298 § 4, 1985]
13.12.040 Governance – Adoption by reference.
Said system shall be governed by the Washington statutes relating to the establishment and maintenance of a town water system. The provisions of Chapter 13.08 CMC, Article I relating to operation of the water system of said town, and all provisions of other ordinances pertaining thereto, exclusive of rates to be charged, shall apply to, and govern, operation of the combined system, and by this reference are incorporated herein as though fully set forth. [Ord. 298 § 5, 1985]
13.12.050 Implementation.
The town clerk and the town treasurer of the town of Concrete be and are herewith directed to perform all necessary steps to implement the combining of said systems. [Ord. 298 § 6, 1985]
13.12.060 Billing.
Billing for the combined system shall be made on a monthly basis. The entire charge shall be payable by the date due set forth on the bill.
Residential customers shall be given the option of a budget billing or equal payment plan. [Ord. 382 § 1, 1994; Ord. 374 § 1, 1994; Ord. 300 § 1, 1986; Ord. 298 § 7, 1985]
13.12.070 Collection of late payments.
A billing cycle shall become delinquent after 60 days from the date due. The town shall have all authority and power granted to it by law for collection of delinquent bills, including, but not limited to, liens for unpaid water and sewer bills and the power to enforce the same, including termination of service.
The town, as an alternative method of enforcing a sewer lien, may cut off the water service from the premises to which such sewer service was furnished after the bill becomes delinquent and unpaid, until the bill is paid. The right to enforce said sewer lien by cutting off water service shall not be exercised after two years from the date of the recording of sewer lien notice except to enforce payment of six months’ charges for which no lien notice is required to be recorded. The below-mentioned notice and hearing procedure for termination of water service shall apply to enforcement of a sewer lien by termination of water service. [Ord. 382 §§ 1, 2, 1994; Ord. 300 § 2, 1986]
13.12.080 Sewer lien notice fee.
In the event that the town shall prepare and record a sewer lien notice against premises to which service was furnished pursuant to state law, the fees as billed by the town attorney plus those stated on the town’s most current fee schedule for preparing and recording such lien notice shall be added to the delinquent charges. [Ord. 750, 2016; Ord. 300 § 3, 1986]
13.12.090 Termination of water service.
The town of Concrete may terminate water service for nonpayment of utilities’ bills pursuant to ordinance and state law, subject to the following:
(1) The utilities department shall give written notice to the customer of record that said customer is delinquent in payment. Said customer has the right to object to the bill and appeal to the town clerk concerning the amount due. If said customer does not request a hearing within five days of receipt of said notice and does not pay the delinquent amounts in full, said customer’s water service will be terminated by shutting off water service to the premises for which said amounts are delinquent.
(2) No later than seven days prior to termination of service, a field representative of the utilities department shall visit the premises and a notice shall be posted upon the premises in a conspicuous place, which notice shall be reasonably calculated to inform the user(s) of the proposed termination of service.
Immediately prior to termination, said representative shall coordinate with the billing clerk of the utilities department to ensure that payment has not been received and if payment has not been received, the field representative may terminate service.
(3) If said customer requests a hearing on the amount due, a hearing shall be held before the town clerk and said customer shall be given the opportunity to be heard. The town clerk shall determine what amount is due and owing and inform said customer. All decisions of the town clerk shall be final.
In the event of a disputed account and tender by said customer of the amount he claims to be due before the service is cut off, the right to refuse service to the premises shall not accrue until suit has been entered by the town and judgment entered in the case.
(4) Said customer shall be given 10 days to pay the amount determined by the clerk or court to be owing. If said customer fails to pay the entire amount within 10 days, water service may be terminated.
(5) When a delinquent account is disconnected by the town for nonpayment there will be a reconnection fee set by annual resolution of the town council for reconnecting during working hours and a fee set for reconnecting during nonworking hours, holidays and weekends.
(6) For those properties also served by and connected to the sewer system, sewer charges will continue at the current rate while water services are disconnected except those properties where the structure connected to the sewer system has been removed. [Ord. 777, 2018; Ord. 665, 2010; Ord. 567, 2005; Ord. 515 § 6, 2003; Ord. 382 § 4, 1994; Ord. 338 § 1, 1991; Ord. 306 § 2, 1987; Ord. 300 § 4, 1986]
13.12.100 Liability for damage from shut-off.
The town of Concrete or any of its officers or employees shall not be liable for any damage that may occur because of water service being shut off or because of the breaking of a pipe, connection, or other part of the water system because of pressure, accident, or other cause not the result of negligence of the town of Concrete. [Ord. 300 § 5, 1986]
13.12.110 Charge of notification.
If the utilities department of the town of Concrete takes action as set forth under CMC 13.12.090 for nonpayment of a utility bill by a customer and the customer pays or makes arrangement with the utilities department for payment of the utility bill prior to termination of utility service, the utilities department shall charge the customer, and the customer shall pay to the town of Concrete, the reasonable charge of notification in the amount set by annual resolution, said sum to be added to the customer’s utility bill. [Ord. 653, 2009; Ord. 306 § 1, 1987]
13.12.120 Unauthorized reconnection.
It shall be a misdemeanor, enforceable by law, for a property owner/tenant to reconnect services disconnected by town personnel. Any person convicted of this may be punished by a jail sentence of not more than 30 days and/or a fine of not more than $1,000. [Ord. 382 § 5, 1994]
13.12.130 Request for disconnection.
All requests for service disconnection made by a property owner shall be made in writing to the town. There shall be a charge set by annual resolution by the town council for a shut-off request made by a property owner during business hours and a fee set for a shut-off request after or before business hours, holidays and weekends.
Business Hours: 7:00 a.m. through 3:30 p.m. Monday through Friday, except holidays. [Ord. 515 § 6, 2003; Ord. 382 § 6, 1994]