Chapter 14.02
GENERAL REGULATIONS FOR SEWER AND WATER
Sections:
14.02.025 Calculation of water leak adjustment.
14.02.030 Charges – Lien upon property.
14.02.050 Charges and assessments for connections – Lien.
14.02.060 Water cut off to enforce lien.
14.02.070 Receipts paid into fund.
14.02.010 Adjustment of water and sewer bills due to leaks – Commercial, agricultural and multifamily residential (five or more units).
A. Where a substantial increase in a water bill is occasioned to the owner or recipient of water because of a leak between the meter and across private property to the building(s) receiving same, which necessitates a substantial additional expense to the recipient and/or owner over and above the average bill, that the customer, that is, recipient and/or owner, may either:
1. Request that the city, through administrative determination, provide for a billing adjustment through a credit of 50 percent of the volumes consumed above normal or average consumption, as determined by historical usages for the leakage from the previous year’s billings, for a period beginning no more than 60 days prior to the notification of the leak and ending when the leak is repaired. An adjustment may be denied for accounts without a consumption history from the previous year’s billings or for those with an inconsistent consumption pattern. This 50 percent adjustment is allowed one time in any one-year period per property.
2. Arrange for an extended period with the city finance department to pay the amount of the bill that exceeds their average bill for that period, which extended period shall not exceed a period of six months from the date of the additional obligation. Interest will be charged on the balance as established by resolution.
B. As commercial sewer bills are based on water consumption, commercial customers are entitled to a billing adjustment for sewer charges above normal or average consumption due to a water leak. The adjustment will be determined administratively, based on volumes consumed above normal or average consumption, as determined by historical usages for the leakage period from the previous year’s billings for a period beginning no more than 60 days prior to the notification of the leak and ending when the leak is repaired.
C. The above adjustments for leaks or failure of private water systems located on private property are conditioned upon verification of the system or leak repair within 30 days of notification to the city that the leak exists or has occurred. Verification can either be by inspection of the repair by the city staff or rendering of paid invoices for repairs of the private system. (Ord. 2528 § 1, 2013; Ord. 2310 §§ 1, 2, 2006; Ord. 2292 § 1, 2006; Ord. 1285 § 1, 1979).
14.02.020 Adjustment of water and sewer bills due to leaks – Single-family residential, multifamily residential (four or less units).
A. In the event a leak or failure of a private water system located on private property results in excess consumption, the city may, through administrative determination, provide for a billing adjustment through a credit of 50 percent of the volumes consumed above normal or average consumption, as determined by historical usages for the leakage from the previous year’s billings, for a period beginning no more than 60 days prior to the notification of the leak and ending when the leak is repaired. This 50 percent adjustment is allowed one time in any one-year period per property.
B. The customer is also entitled to an allowance for a break or leak, wherein when exercised the bill will be adjusted to a normal average consumption, as determined by historical usage for the leakage period from the previous year’s billings, for a period beginning no more than 60 days prior to the notification of the leak and ending when the leak is repaired. A specific customer is allowed one 100 percent exemption per account within any five-year period.
C. The above adjustments for leaks or failure of private water systems located on private property are conditioned upon verification of the system or leak repair within 30 days of notification to the city that the leak exists or has occurred. Verification can either be by inspection of the repair by the city staff or rendering of paid invoices for repairs of the private system.
D. Where a substantial increase in a water bill is occasioned to the owner or recipient of water because of a leak, which necessitates a substantial additional expense to the recipient and/or owner over and above the average bill, and all other city adjustments have been exhausted, the recipient/owner may arrange for an extended period with the city finance department to pay the amount of the bill exceeding their average bill for that period, which extended period shall not exceed a period of six months from the date of the additional obligation. Interest will be charged on the balance as established by resolution.
E. As residential sewer bills are based partly on water consumption (effective January 1, 2007), specifically winter water use or the average monthly consumption from November through April, single-family residential customers are entitled to a billing adjustment for volumetric sewer charges above average consumption due to a water leak. The adjustment will be determined administratively, based on volumes consumed above normal or average consumption, as determined by historical usages for the leakage period from the previous year’s winter water use, for a period beginning no more than six months prior to the notification of the leak and ending when the leak is repaired. In the event the leakage period includes the previous winter water use period, the city may administratively apply the average consumption for the customer’s class or wait for the customer’s consumption history to reflect their normal consumption after the leak repair. (Ord. 2528 § 1, 2013; Ord. 2377 §§ 1, 2, 2007; Ord. 2292 § 1, 2006; Ord. 1944 § 1, 1997; Ord. 1890 §§ 1, 2, 1996).
14.02.025 Calculation of water leak adjustment.
When a single-family residential water customer is entitled to an adjustment to their bill per EMC 14.02.020(A), or for excess water consumption that is not subject to any remedy, as a result of a leak occurring downstream of the city water meter, the amount of water volume charge due the city shall be calculated based on the lowest retail volumetric rate in place at the time of the leak. However, for customers located outside city limits the lowest retail volumetric rate for outside city limit customers shall be used. Low income discount rates are not considered retail rates for the purpose of this section. (Ord. 2528 § 1, 2013).
14.02.030 Charges – Lien upon property.
All charges for water and sewerage service, for connections therefor, and all charges for turning water on after the same has been cut off as hereinafter provided, together with the penalties and interest thereon as provided in this title, shall be a lien upon the property upon which such connection is made or water or sewerage service rendered, respectively, superior to all other liens or encumbrances whatsoever except those for general taxes and special assessments.
Enforcement of such lien or liens shall be as in the manner provided by law for the enforcement of the same for delinquent water and sewerage service charges. (Ord. 2528 § 1, 2013; 1958 Code § 7.08.060).
14.02.050 Charges and assessments for connections – Lien.
All charges and assessments for sewage connections, whether heretofore or hereafter made, shall be computed and determined by the city public works director and city finance director, as hereinbefore provided, and they shall be paid to the city finance director within 60 days after notification thereof in writing by the city finance director, and if they are not paid within said time, they shall become a lien against the property to be filed and enforced according to law. (Ord. 2528 § 1, 2013; 1958 Code § 7.08.110).
14.02.060 Water cut off to enforce lien.
As an additional and convenient method of enforcing said lien of the city for sewage benefits, the public works director of the city is authorized and directed, at the end of 60 days after notice given to pay charges or assessments for benefits as provided in EMC 14.02.050, to cut off water services from the premises to which sewage services have been furnished, and water service shall remain cut off until all charges, plus any penalties and interest, together with an additional sum as established and amended from time to time by resolution of the city council for turning the water on, are paid. (Ord. 2528 § 1, 2013; Ord. 1366 § 2, 1982; 1958 Code § 7.08.120).
14.02.070 Receipts paid into fund.
All moneys collected as hereinbefore provided by the city finance director shall be paid in the fund known and designated as “water utility fund” or “sewer utility fund,” which moneys shall be used as the city council, or ordinance of the city, decides. (Ord. 2528 § 1, 2013; 1958 Code § 7.08.130).