Chapter 13.04 WATER SUPPLY SYSTEM

The following provisions in this chapter are rules and regulations governing the use of water from the city water system. (Ord. 989 § 1, 2007; Ord. 507 § 1, 1979).

13.04.020 Application for use.

Application for the use of water must be made by the owner or agent of the property on or for which the water is to be used and on printed forms to be furnished at the office of the city clerk-treasurer, and the application must state fully and truly all purposes for which the water may be required and must bind the applicant to conform to the rules and regulations as a condition for the use of the water. No person or persons supplied with water from the city mains will be entitled to use it for any other purpose than for that which he has applied, nor to supply, in any way, other persons or families. An application fee shall be paid at the time application is made. Should the applicant desire a change of service, 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 clerk-treasurer. (Ord. 989 § 1, 2007; Ord. 507 § 2, 1979).

13.04.030 Use outside city limits.

All sale of water outside the city limits must have prior approval of the city council. (Ord. 989 § 1, 2007; Ord. 507 § 3, 1979).

13.04.040 Responsibility for cost of infrastructure for undeveloped platted and replatted areas.

The developer, if applicable, or property owner shall be responsible for the installation of all water lines and sewer lines and for the construction of streets, with curbing in undeveloped, platted, or replatted areas within the city limits. Costs of city engineer review and construction shall be borne by the developer/property owner. Construction engineering and construction standards are to conform to city specifications as determined and set by the city maintenance superintendent and approved by the city engineer. No building permit shall be granted until infrastructure construction has met approval of the city maintenance superintendent. (Ord. 989 § 1, 2007; Ord. 803, 1997).

13.04.050 Water meters.

All water used in, and furnished by, the city shall be monitored by a meter supplied by the city. There shall be a minimum of one meter for each separate residential living unit and each commercial working space per real property ownership connected with city water.

For residential complexes that share a water service connection and for those commercial businesses that share a common building, restroom or kitchen facility and are served by one water service to the building, the owner of the building shall be responsible for the charges and shall pay a base charge plus any additional ERUs based on occupancy and use of the individual units.

Meters to multifamily properties can be supplied by a single or multiple taps to the city’s main waterline provided sufficiently sized service line is installed.

All meters shall be located in an accessible place approved by the city water department, properly protected from frost or other damage and kept under readable circumstances by the property owner so that the same may be read periodically by the water superintendent or other agent of the city. The city may inspect, test and repair any water meters. (Ord. 1137 § 2, 2019; Ord. 989 § 1, 2007; Ord. 507 § 5, 1979).

13.04.060 New meters – Connection fees.

The city, or an approved agent, shall install all new meters for all new users and there shall be a water connection fee for each user of the system. Each new connection shall include a minimum sized meter of one inch. Any meter installation shall include connection with the water main adjacent to the property upon which application is made for connection, but in no event to exceed 100 feet of service pipe, the service pipe being no larger than two inches in size. An extra charge shall be made for a one and one-half-inch meter or larger installation.

Maximum size residential meter shall be one and one-half inches; larger meters for multifamily residential, commercial or industrial users will be charged based on actual cost. A charge shall be made for a four-inch fire line installation and connection with the meter being purchased by the user and approved by the city maintenance superintendent. A charge shall be made for a six-inch fire line installation and connection with the meter being purchased by the user and approved by the water superintendent. Fire line installation shall be brought to the property upon which application is made for connection, but in no event to exceed 100 feet. Connection fees for water shall be paid at the time the building permit is filed with the clerk-treasurer’s office. A charge shall be made for repair of paved street surface. All charges for water connection are established in the city fee schedule and adopted by city council resolution. (Ord. 1137 § 2, 2019; Ord. 989 § 1, 2007; Ord. 975 § 2, 2007; Ord. 781 § 1, 1996; Ord. 780 § 1, 1996; Ord. 715 § 1, 1993; Ord. 507 § 6, 1979).

13.04.065 Accounts.

An account is established when an entity has the availability to the use of city utilities. An “entity” is any natural person, firm, association, corporation, foreign government, the United States of America, or any federal agency or federal political subdivision or other body political. In the event an entity has more than one location, each location is a separate account. Following connection to the city water and/or sewer systems, in the event the connection is terminated at any time for any reason, the owner of the property (“customer”) connected to the system(s) shall pay a minimum monthly fee for the continued availability of the system service(s) as are established and may be amended by resolution of the city council. The purpose of these fees is to pay for a portion of the city costs associated with maintaining the system lines, to satisfy obligations to funding sources, and to costs associated with maintaining the system lines, to satisfy obligations to funding sources, and to reserve system capacity committed to use by the property until reconnection or use of services occurs. (Ord. 1014 § 1, 2008; Ord. 989 § 1, 2007; Ord. 841 § 2, 1998).

13.04.070 Deposit of water connection charges.

The city clerk-treasurer shall deposit all water connection charges into the water fund. (Ord. 989 § 1, 2007; Ord. 715 § 1, 1993; Ord. 507 § 7, 1979).

13.04.090 Replacement meters.

When an existing water meter no longer meets the standards required by the water department of the city, the city shall install a replacement meter of the same size; however, the installation of any such replacement meter shall be conditioned upon the meter being relocated, if necessary, at the sole discretion of the city water department, in a more accessible place; and provided, that the owner shall provide any additional piping which may be required. A completely new and changed installation for an existing user may, at the option of the city water department, be construed to be a new installation rather than a replacement. The city shall retain title to all new and replacement meters installed pursuant to this chapter. (Ord. 989 § 1, 2007; Ord. 507 § 9, 1979).

13.04.100 Check of meter accuracy.

If a customer requests an accuracy check on any meter, such check shall be run by the city. If the meter proves to be registering high, there will be no charge for the test. If it proves to be either registering correctly or to the advantage of the customer, there shall be a charge for the test. All charges for water accuracy checks are established in the city fee schedule and adopted by city council resolution. (Ord. 989 § 1, 2007; Ord. 507 § 10, 1979).

13.04.110 Service pipe – Placement.

The service pipe must be so arranged so that the supply to each separate house, premises or location of any kind using water may be controlled by a separate stop cock placed just ahead of the water meter. The owner of said property must pay for or be responsible for all water used through said service for his own use or for the use of others to whom it may be accessible. (Ord. 989 § 1, 2007; Ord. 507 § 11, 1979).

13.04.120 Service pipe – Replacement.

Replacement cost of the service pipe from the city main to the property line shall be the responsibility of the city, and from the property line to the premises shall be the responsibility of the property owner. (Ord. 989 § 1, 2007; Ord. 507 § 12, 1979).

13.04.130 Owner care of service pipe.

The service pipes within and without the premises must be kept in repair and protected from freezing at the expense of the owner, who will be responsible for all damages resulting from leaks or breaks. (Ord. 989 § 1, 2007; Ord. 507 § 13, 1979).

13.04.140 Stop-and-waste cock.

Within the basement wall or within the yard, buried not less than 30 inches deep, a stop-and-waste cock, protected from the frost, must in all cases be placed, by which the service pipes in the buildings may be drained at night during freezing weather. Additional stop-and-waste cocks must also be placed in sags and bends in the pipe when it cannot be otherwise drained. (Ord. 989 § 1, 2007; Ord. 507 § 14, 1979).

13.04.150 Connection.

No connection shall be made with the city mains, nor shall any fittings or repairing of the mains be made, nor any repair or adjustment of water meters be made by anyone except the city water department. (Ord. 989 § 1, 2007; Ord. 507 § 15, 1979).

13.04.160 Access for inspection.

Agents of the city water department may have access at proper hours of the day to all parts of any building or buildings in which water may be delivered from the city mains for the purpose of inspecting the condition of pipe and fixtures and the manner in which the water is used. (Ord. 989 § 1, 2007; Ord. 507 § 16, 1979).

13.04.170 Pipe laying procedure – Construction cost liability.

The cost of the construction of the city water main in the public street or alley to a point adjacent to the private property to be connected shall be paid from funds in the water fund; provided, however, that in the event rock is encountered in the construction of the city main, or it is necessary to install the water line at a depth greater than five feet below the surface of the ground, any additional cost due to such rock construction or added depth shall be charged to the property owner as an added cost. (Ord. 989 § 1, 2007; Ord. 876 § 1, 2001; Ord. 715 § 1, 1992; Ord. 507 § 17, 1979).

13.04.190 Shutoff for repair.

The superintendent of water may at any time order the water shut off from any premises connected with the city mains for repairs, extensions or other necessary purposes. Users in the affected areas will be notified, if possible; however, 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 shut off for any of the above purposes, or on account of breaking of any pipe or fixture by the water from the city mains. Water consumers who have any machinery, material, 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 the city water supply may for any reason be interrupted or discontinued; such persons shall also provide backflow devices to protect against loss from shutoff of water service. (Ord. 989 § 1, 2007; Ord. 507 § 19, 1979).

13.04.200 Equipment damage – Excessive water use.

The city is not 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 plumbing or equipment upon the premises of the customer results, or is likely to result, in interference with proper service or is likely to cause contamination of the water. The city does not assume the duty of inspecting the customer’s line, plumbing and 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 the customer’s premises, or for excessive consumption. (Ord. 989 § 1, 2007; Ord. 507 § 20, 1979).

13.04.205 Water leak adjustments.

(a) Purpose. The purpose of this section is to establish the practice and procedure for making adjustments to monthly water and wastewater usage charges due to excessive water consumption as defined in subsection (d) of this section.

(b) Practice. The water and wastewater usage charges credit will be issued by the clerk-treasurer’s office on the customer’s next regular municipal utility bill upon authorization by the city administrator or his/her designee.

(c) Procedure. Adjustments can be made on city of Davenport municipal water and wastewater system charges due to a water leak that is documented by unusually high water consumption, as determined in accordance with subsection (d) of this section, and there is substantial evidence in the form of a receipt that repairs have been made to the customer’s plumbing system. All documentation is subject to verification. Adjustments will only be granted as a credit to the homeowner’s account of the home or apartment where the leak occurred. The customer must provide proof of full-time residency. The water account must be in the same name of the resident or homeowner.

Adjustments for businesses may be considered if the business is occupied on a regular basis, or at least four days per week and 12 months per year.

Customers may make application for water and/or wastewater bill leak adjustments by fully completing a claim form and filing the form, the residency verification and repair documentation with the clerk-treasurer’s office. The office will calculate the adjustment in accordance with this section and then route the claim, residency verification, repair documentation and other relevant information to the city administrator or his/her designee, if the claim is over $500.00. The clerk-treasurer’s office will also be responsible for customer contact and notification of claim approval, denial or modification.

In the event that a claim is approved, the customer will have up to one year to pay the adjusted amount without incurring late charges as long as the account is maintained in good standing and not in arrears.

(d) Qualifying Adjustments and Adjustment Calculation. Adjustments will not be made for minor leakage attributed to defective faucets, water closets or other plumbing fixtures where the leakage is visible, clearly evident or the customer has been advised by a serviceman or city customer service representative that it is evident. Nor will an adjustment be given for water left running, watering the lawn, sprinkler systems, faucets left open during freezing weather, or malfunction in ice machines or similar equipment directly connected to the water system. Adjustments can be made on an account when one of the following reasons occurs: outlet coupling leaking; outlet risers leaking; supply line leaking; pipe or fitting leaking. Water heater malfunction may be considered depending on the nature of the problem.

The claim form must include a detailed description of the problem and method of repairs. Upon proof of a system repair as documented by a receipt, work order or similar instrument, the water charges of the month in which the leak occurred (the leak month) may be reduced by 50 percent of the water charges above $500.00. The amount of the water usage shall be determined to be in excess of the average of the customer’s peak usage without a leak. Average usage will be determined by the city by evaluating the account’s water usage over the previous six months’ usage prior to the leak month. Should the account not have six months of history, the available history shall be used. The wastewater charge may be adjusted; provided, that the leakage does not enter the sanitary wastewater system. This shall be determined by the city.

Only one adjustment per meter within a 12-month period will be made. Exceptions will only be approved by the city administrator or his/her designee.

Billing adjustments related to misread meters or other errors should be handled between the water superintendent and the clerk-treasurer’s office. It would not be necessary to receive the city administrator’s approval to adjust the bill for an error or misread.

To qualify for the adjustment, the leak must be repaired 10 days after discovery of the leak and written notice to the city. (Ord. 1032 § 1, 2009).

13.04.210 City not responsible for certain conditions.

The city will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of pure water to the customer, and to avoid any shortage or interruption of delivery of the same. The city will not be liable for high- or low-pressure conditions, interruption or shortage or insufficiency of supply, or any loss or damage occasioned thereby. The use of water upon the premises of the customer is at the risk of the customer, and the responsibility of the city shall cease at the point of the delivery of water. The point of delivery shall be the customer’s property line regardless of the location of the water meter. (Ord. 1163 § 2, 2021; Ord. 989 § 1, 2007; Ord. 507 § 21, 1979).

13.04.220 Hose shut off during fire alarm.

All hose except firehose shall be shut off when the fire alarm is sounded and shall remain shut off until the fire is extinguished. (Ord. 989 § 1, 2007; Ord. 507 § 22, 1979).

13.04.230 Prohibited hydrant and water uses.

Meddling, damaging, turning on, or in any way using the fire hydrant, except by persons authorized by the city, is prohibited. Should any person, without authorization from the city, meddle, damage, turn on or in any way use the fire hydrant, a fine as determined in the city fee schedule will be charged on each occurrence. Permitting water to run to waste is prohibited. (Ord. 989 § 1, 2007; Ord. 924 § 1, 2004; Ord. 655 § 2, 1988; Ord. 507 § 23, 1979).

13.04.240 Shortage of water – City preference.

In case of shortage of supply, the city reserves the right to give preference in the matter of furnishing service to customers, as in the judgment of the city council shall be for the best interests of the city, from the standpoint of public health and necessity. (Ord. 989 § 1, 2007; Ord. 507 § 24, 1979).

13.04.250 Limitations on water use.

The city council shall have the power, by resolution entered upon its minutes, to prescribe limitations on the use of city water for, but not limited to, sprinkling, irrigation and other bulk use. (Ord. 989 § 1, 2007; Ord. 507 § 25, 1979).

13.04.260 Payment procedure.

Any user who has left the premises in the city in which their water account is delinquent shall not be entitled to receive water service at another location within the city without having first cured the delinquency. If the meter cannot be read for any cause, the city shall charge the rate for the previous month read and overcharges or deficits shall be settled after the next reading of the meter. If, from any cause, a meter reading proves to be faulty, the charge shall be at the current rate, which shall be based on an average of the consumption over the past 12 months in which the meter was known to be in working condition. The city will bill for all utilities at the end of each month. Any accounts not paid by the twenty-fourth day of the following month, and until 8:00 a.m. the following business day, shall be considered delinquent and receive a late charge as prescribed in the city fee schedule. If an account is not paid by the tenth day of the following month, and until 8:00 a.m. the following business day, the utility service will be terminated and a lien filed. (Ord. 1032 § 2, 2009; Ord. 989 § 1, 2007; Ord. 890 § 1, 2002; Ord. 847 § 1, 2000; Ord. 507 § 26, 1979).

13.04.270 Rate schedule.

Each water user of the city shall pay the city for water furnished to him according to a rate schedule. All charges for water are established in the city fee schedule and adopted by city council resolution.

(1) Inside the Incorporated Boundaries of the City. There is established a minimum monthly rental charge to each family living unit, each commercial, industrial and public account for the first 1,000 cubic feet of water used, or fraction thereof; and an additional monthly charge per 100 cubic feet up to 5,000 cubic feet of water used, or fraction thereof, and an additional charge per 100 cubic feet up to 10,000 cubic feet of water used, or fraction thereof, and a charge per 100 cubic feet over 10,000 cubic feet of water used, or fraction thereof, each month over the 1,000-cubic-foot-per-month minimum mentioned in this section, pursuant to the recorded reading of an approved water meter;

(2) Outside the Incorporated Boundaries of the City. There is established a minimum monthly rental charge to each family living unit, each commercial, industrial and public account for the first 500 cubic feet of water used, or fraction thereof; and an additional monthly charge per 100 cubic feet to 5,000 cubic feet of water used, or fraction thereof, and an additional charge per 100 cubic feet up to 10,000 cubic feet of water used, or fraction thereof, and an additional charge per 100 cubic feet over 10,000 cubic feet of water used, or fraction thereof, each month over the 500-cubic-foot-per-month minimum mentioned in this section, pursuant to the recorded reading of an approved water meter;

(3) There is established a fee for city authorized use of water from the water stem per load for under 5,000 gallons and a charge per load for over 5,000 gallons;

(4) A service charge to turn water on and off shall be charged by the city as established in the city fee schedule and adopted by city council resolution. (Ord. 989 § 1, 2007; Ord. 955 § 1, 2005; Ord. 816 § 1, 1998; Ord. 783 § 1, 1996; Ord. 753 § 1, 1994; Ord. 715 § 2, 1993; Ord. 655 § 3, 1988; Ord. 585 § 1, 1983; Ord. 574 § 1, 1982; Ord. 564 § 1, 1981; Ord. 507 § 27, 1979).

13.04.280 Business and occupation tax – Imposed.

A business and occupation tax at the rate established in the city fee schedule and adopted by city council resolution is imposed against the gross revenues received for charges for current services for customers of the municipal water, sewer, and garbage utilities, which amount shall be paid monthly by the customer in addition to the current charge for water, sewer and garbage services. (Ord. 989 § 1, 2007; Ord. 654 § 1, 1988; Ord. 638 § 1, 1986; Ord. 502 § 1, 1978).

13.04.290 Business and occupation tax – Transfer to current fund.

The sums of such taxes collected shall be paid monthly from the water, sewer and garbage funds to the general expense fund. The utilization of such taxes collected shall be designated by budget appropriation. (Ord. 989 § 1, 2007; Ord. 502 § 2, 1978).

13.04.300 Charge revisions.

The city council may change or revise the water rate charges, charges for water connections, meter maintenance charges and other charges relating to the furnishing of water by the city to its citizens and residents by resolution delineating such charge changes adopted by the city council and duly entered in its minutes. (Ord. 989 § 1, 2007; Ord. 507 § 28, 1979).

13.04.310 Obligation of landowners (real property owners).

The owner of the real property upon which the water and other utilities are furnished by the city is liable for all charges associated with city utilities. City utility accounts will be placed only in the landowners’ names. Where the legal owner has not paid the water charges and other utilities furnished by the city when due, the city may terminate the water service to the real property. (Ord. 989 § 1, 2007; Ord. 848 § 1, 2000; Ord. 507 § 29, 1979).

13.04.320 Shut off for noncompliance.

On failure to comply with the rules and regulations established as a condition to the use of water or to pay water service charges in the time and manner provided in DMC 13.04.260 and 13.04.270, the water shall be shut off until payment is made for the amount past due and upon payment of a water turn on fee. Should the occupant or property owner turn on the water after it has been turned off a penalty is assessed and owing. (Ord. 989 § 1, 2007; Ord. 847 § 1, 2000; Ord. 655 § 4, 1988; Ord. 507 § 30, 1979).

13.04.330 Lien enforcement.

When any charge for water supply to or for turning water on or off from any premises connected with the city mains shall become delinquent, the water may be shut off from such premises and shall not be turned on again until all such charges and all fines and penalties imposed under the provisions of this chapter or the rules of the water division on account of such delinquency shall have been paid. When any charge or charges, or any portion of or any installment of any charge or charges on account of any meter supplied, or on account of labor furnished or material supplied in the installation of any meter or meters, or in the installation or repair of any service connection with the city main, or for tapping the city main, shall become delinquent and remain delinquent for a period of 30 days, the same shall bear interest as established in the city fee schedule and adopted by city council resolution as an annual rate per year from the date of delinquency until paid; and said delinquent charges and any interest that may accrue thereon shall, in addition to being a personal liability of the applicant, at all times be and remain a permanent charge and lien against such premises until the same are paid. Said lien may be enforced at any time after any of said charges shall become delinquent by shutting off the water from said premises and keeping the same shut off until such delinquent charges and interest, if any, have been paid, and such lien and the enforcement thereof shall be additional remedy for the collection of such charges. (Ord. 989 § 1, 2007; Ord. 507 § 31, 1979).

13.04.340 Penalty for violations.

Any person who willfully violates water use limitations, as prescribed by resolution as provided in DMC 13.04.250, or any person who willfully violates the provisions of any other section of this chapter shall be guilty of a misdemeanor and subject to the provisions of DMC 1.04.010. (Ord. 989 § 1, 2007; Ord. 507 § 32, 1979).

13.04.350 Bad check fees.

The clerk-treasurer may establish fees for bad checks tendered in payment of utility bills, where said check is returned as not payable. From that time on, the city may only accept cash from that customer for payment for city utilities. (Ord. 989 § 1, 2007; Ord. 617 § 1, 1986; Ord. 507, 1979).

13.04.360 Neighbors helping neighbors.

(a) This section authorizes the city administrator or designee to accept donations to be placed in a separate line item in the current expense fund, titled “neighbors helping neighbors,” to help those in need to keep current their city of Davenport residential utility bill.

(b) Assistance will not be considered for commercial accounts or for those residential homes that operate a business out of the home or have a conditional use for the same.

(d) Donations will be accepted from all sources. Donations will be solicited through the city utility bills. Donations can be one-time donations or recurring monthly donations.

(e) A committee will be appointed by the mayor and approved by Davenport city council to oversee the application and distribution of donated funds from the current expense fund line item titled “neighbors helping neighbors.” The committee will define “those in need” subject to approval of the city council. The committee when reviewing the applications will do so with no knowledge of the applicant’s name, address or phone number. The committee will be directly responsible to the mayor and will supply information by the fifteenth of the month to the city administrator on what accounts donations will be used and how much.

(f) The applicant granted the donated funds has until the twenty-fourth of the month to apply the funds to the city of Davenport utility bills or the funds will be forfeited and rolled back into the donated funds to be used the following months.

(g) Depending on funds availability a successful applicant can only be awarded assistance no more than twice during the calendar year. Awards are for up to two months of residential utility bill arrears.

(h) The applicant is responsible for any and all utility charges that are not covered by this program. Awards will be applied to the oldest nonpaid billing period first before being applied to any other delinquent charges. (Ord. 1125 § 2, 2018; Ord. 1035 § 2, 2010).

For statutory provisions that all cities shall have power to provide for the water supply thereof, and to establish, construct and maintain a system water supply within or without the corporate limits and to control, regulate and manage the same, see RCW 35.21.210.