Chapter 14.04 WATER REGULATIONS AND RATES

This chapter is established for the regulation of water utility service by the municipal water supply system of the city of Enumclaw. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.020 Definitions.

For purposes of this chapter, the following words or phrases shall have the meaning set forth herein below:

“Actual cost” or “cost” of any work performed for any person or other agency or city department by the department includes the direct cost of all labor plus fringe benefits, the direct cost of all materials plus materials overhead, the direct cost of equipment used in connection with the work, all other direct costs incurred in connection with the work, plus administrative and supervisory cost.

“CCF” means 100 cubic feet of water (one unit or approximately 748 gallons).

“Certified operator” means the designated certified operator of the water department of the department of public utilities of the city of Enumclaw.

“City” means the city of Enumclaw.

“Commercial service” means water service to a business or businesses engaged in the manufacture and/or sale of a commodity or commodities, or the rendering of a service, including hotels, motels, hospitals, and schools.

“Cross-connection” is any actual or potential physical connection between a public water system or the consumer’s water system and any source of nonpotable liquid, solid, or gas that could contaminate the potable water supply by backflow.

“Customer” means all persons obtaining water service from the department.

“Customer service policies” means the customer service policies for the department, as may be amended.

“Department” means the department of public works of the city of Enumclaw.

“Director” means the director of the department of public works of the city of Enumclaw.

“Finance department” means the finance department of the city of Enumclaw.

“Fraud” means any act to deceive or defraud the department including, but not limited to, false identity, failure to provide verifiable identification or obtaining water service and not making appropriate payments for said service.

“Multiple dwelling units” means residential duplexes, triplexes, fourplexes, apartment buildings, condominiums, mobile home parks, trailer courts, or similar types of multiple dwelling unit arrangements on one parcel of land.

“Parks and irrigation service” means water service to a public park or irrigation customer with seasonal use for recreational, landscaping, and horticultural purposes or other similar uses. Irrigation shall include outdoor residential and commercial sprinkler services.

“Person” means all persons and all private and public entities, including districts, cities, towns, counties, and political subdivisions of the state, Native American tribes, partnerships, and corporations, whether acting by themselves or by a servant, agent, or employee. The singular number shall be held and construed to include the plural and the masculine pronoun to include the feminine.

“Premises” means public or private property, home, building, apartment house, condominium, trailer court, mobile home park, a group of adjacent buildings utilized under one ownership on one parcel of property and under a single control with respect to use of water and responsibility for payment therefor.

“Regular working hours” means 7:30 a.m. to 4:00 p.m., Monday through Friday, excluding city holidays.

“Residential service” means water service to a single-family or multifamily dwelling using water for domestic use, or a single-family dwelling permitted to operate a business on the same premises.

“Service installation” means all piping and fittings from the main to and including the water meter assembly. All piping beyond the meter assembly is the customer’s responsibility and is not considered a part of the service installation.

“System” means all water source, supply, and quality facilities, transmission pipelines and storage facilities, pumping plants, distribution mains and appurtenances, vehicles, and materials storage facilities.

“Tampering” means to alter, hinder, or obstruct the operation or maintenance of any water facility(ies) and/or their appurtenance(s), or failure to take reasonable care when operating any water facility(ies) and/or their appurtenance(s). (Ord. 2769 § 1 (Exh. A), 2023).

14.04.030 Water service inside/outside city limits.

These regulations are applicable to the department and its customers both inside and outside the city limits, except as provided in EMC 14.04.190 and 14.04.195, or as otherwise specifically delineated. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.035 Ability to supply water within city limits.

All persons wishing to construct any residential premises within the city limits shall be supplied with residential service by the department subject to the provisions of this chapter and pursuant to RCW 19.27.097. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.040 Application for service.

Applications for water service, hydrant permits, and work to be performed by the department’s staff shall be made at the department’s office or at such other place or places as the city may designate, by the owner or authorized agent. The application, when approved by the department, shall constitute a contract whereby the applicant agrees as a condition of water service to comply with this chapter and the rules and regulations of the department referred to in this chapter or as the same may be revised or amended by the department from time to time. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.045 Services and meters.

Each premises shall be served water by a separate water service and meter. Separate meters shall be provided to each customer class on the same premises. Meters shall be located such that access to the meter is always maintained. All customers shall have their own shutoff valve separate from the city’s.

The city shall have the right to refuse or discontinue water service in any situation where it is discovered that applicable codes or city standards have not been satisfied.

Water service lines from the main to the meter for residential customers shall be owned by the city. Ownership of service lines from the main to the meter for nonresidential customers may be customer owned as designated by written agreement or otherwise determined by the city.

Customers other than single-family using city water for irrigation may install a deduct meter so sewer rates are not charged for the volume of water used for irrigation. Deduct meters must be located downstream of and preferably near the city’s water meter. A schematic of the irrigation design with zone flow demand shown must be submitted to confirm the deduct meter size. Irrigation flow demands must not exceed the capacity of the city’s retail meter or this meter must be upsized and the applicable installation and connection fees paid. All costs associated with the installation, maintenance, and replacement of the deduct meter are the customer’s responsibility. The meter is furnished by the city after the customer has paid the fees due for the size of meter being installed. There is no monthly base meter charge assessed for the deduct meter. Any irrigation system must have an approved backflow device installed downstream of and near the meter. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.050 Customer classes.

A. Single-Family Residential. This customer class shall consist exclusively of single-family, detached residences, regardless of zoning, where the consumption of water is for purposes consistent with residential use.

B. Multifamily Residential. This customer class shall include duplexes, triplexes, fourplexes, apartments of five or more units, mobile home parks and group quarters.

C. Commercial. This customer class shall include all nonresidential and nonagricultural uses. Existing mixed-use developments with both a residential and nonresidential component using the same meter shall be considered commercial. Irrigation meter services shall be considered commercial.

D. Agriculture. This customer class shall be engaged in agricultural production. Agricultural production shall be verified by the customer by presenting the following documentation:

1. A copy of the customer’s most recently completed IRS farm tax return.

2. Verification that the customer’s agricultural operation is designated as an agricultural operation, for property tax purposes, by King County.

Separately metered residences on the same property as an agriculture account shall be classified as residential. Residences for agricultural employees, working on the farm in which the connection and meter is to, are not required to have a separate connection and meter.

E. Wholesale. Customers in this class are primarily those systems that act as purveyors of water to other customers and shall be defined on a case-by-case basis and shall be subject to a wholesale service agreement approved by the city council. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.115 Turn-off, turn-on – Responsibility and liability.

The city shall not be liable for any damage to any person or property that may result from the turn-off or turn-on of the water service or from the service being left on when the premises may be unoccupied.

By requesting water service from the city, the customer assumes the responsibility for the flow and use of the water on the customer premises. Therefore, if water is desired to be turned off during remodeling, periods of freezing, or for other reasons, the customer agrees to turn off the water at the valve on the customer premises and the department’s turn-off valve shall not be relied upon for said purposes. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.130 Termination of service.

Delinquency and nonpayment of one or more water service charges or customer-caused damage to the water meter and appurtenances shall be sufficient cause for termination of service by turning off the water service or reducing the flow of water to the premises. Water service shall not be turned on again until all costs incurred by the department plus charges and penalties are paid, or satisfactory arrangements for payment of delinquent charges and penalties has been made with the department.

Upon discovery of fraud, water service shall be terminated immediately and shall not be restored until the matter is resolved satisfactory to the director, or his or her designee.

The director shall have the absolute authority, except as limited by said state laws, to refuse to furnish service to, to discontinue service to, or to refuse to resume service to any applicant or customer on account of the failure to pay delinquent bills owing the city by such person, whether such bills cover service at the premises sought to be served or other locations. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.150 Interruption of service.

In case of emergency, risk of damage to property, either public or private, or whenever public health, safety, or equitable distribution or conservation due to water shortage demands, the director or certified operator may authorize the department to change, reduce or limit the time for, or temporarily discontinue the use of water for, any or all customers. The water service may also be temporarily interrupted during the time necessary for purposes of making repairs, extensions, or doing other necessary work on the system. Before so requiring the changing, reducing, limiting or temporary discontinuance of the use of water, the department will attempt to notify, insofar as practicable, all water customers affected. The city shall not be responsible for any damage resulting from any interruption, change, or failure of the water supply. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.170 Ownership of water mains and appurtenances.

The department shall own, operate, and maintain all department-approved and accepted water mains and related appurtenances in established city, county, and state rights-of-way or other utility rights-of-way, including recorded easements. Any person responsible for the construction of such mains and related appurtenances shall transfer ownership to the department upon final acceptance. No one may operate, remove, change, or connect to any part thereof without the approval of the department. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.175 Permit required.

It shall be a violation of this chapter to make connection, installation, replacement, extension or repair to the city water system without having first obtained a permit from the department. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.185 Utility tax on water.

A nine and one-half percent utility tax shall be applied to the water utility gross receipts. Gross receipts consist of those moneys received from charges as set forth in EMC 14.04.190. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.190 Rates and charges for water.

A. Rates and fees for water services shall be established by ordinance or resolution of the city council in accordance with this chapter.

B. Rates and fees set forth in subsection A of this section shall be annually adjusted for inflation by the Consumer Price Index (CPI-U) as reported in October for the prior 12-month period for the Seattle-Tacoma-Bremerton area. This adjustment shall be effective January 1st of each year. Under no circumstances shall the rates and charges decrease as a result of the CPI adjustment, without separate and specific action by the city council.

C. When the city determines that its cost to provide water service to a customer or a group of customers is higher than the city’s cost to provide water service to typical city customers, the city may impose a surcharge on such customers in an amount established by ordinance or resolution of the city council. The city will notify affected customers prior to implementing the surcharge. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.195 Capital facilities charges.

A. A capital facilities charge (CFC) shall be levied for each new water service connection to the city water system and for a service upgrade resulting in an increased demand for water in rate and/or volume of flow for which CFCs have not been paid. Estimates of anticipated water use will be determined by the city. The CFC is a fee based on an equitable share of the cost of the existing water system and future facilities necessary to accommodate projected growth. This fee is established pursuant to RCW 35.92.025 and this chapter.

B. Retail services will be charged based on the amount of equivalent residential units (ERU) or meter size, whichever results in a larger CFC.

C. The amount of ERUs for customer classes shall be established by ordinance or resolution of the city council or as shown in the following table.

Single-family residential	1.0 per dwelling unit
Multifamily (duplex and triplex)	0.75 per dwelling unit
Multifamily (four units or more)	0.67 per dwelling unit
Mixed-use residential	0.67 per dwelling unit
Mobile home parks	0.80 per dwelling unit
All other customer classes	1.0 ERU per 258 gallons per day prior to Jan. 1, 2024
	1.0 ERU per 190 gallons per day beginning Jan. 1, 2024

The calculation of ERUs above may be reviewed from time to time to ensure the distribution to dwelling units is appropriate.

D. The rates and charges of this section shall be annually adjusted for inflation by the Construction Cost Index for the Washington State/Seattle area. This adjustment shall be effective January 1st of each year. Under no circumstances shall the rates and charges decrease as a result of the adjustment, without separate and specific action by the city council.

E. CFC Exemptions. New water service connections dedicated exclusively for fire protection purposes shall be exempt from payment of the CFC. The conversion of a dedicated fire service to a service for use other than exclusively for fire protection shall require the payment of the CFC.

The use of bulk water hauling to fulfill the water needs of any use within the city’s water service area, except for emergencies as recognized by the city and temporary dust control purposes during construction, is prohibited.

F. Credit for Existing and Prior Uses. A credit against the CFC may be allowed by the director for the elimination or conversion of existing water services in conjunction with improvement, expansion of use or redevelopment on such parcel. The credit shall be calculated using the prevailing CFC rate schedule and is subject to the following limitations:

1. Existing and prior use water credit shall be allowed if the director finds that water capacity is available in the service area; and

a. If the existing or prior use has paid monthly water fees within the 10-year period immediately prior to the date of application for connection, the customer may apply for a 100 percent credit against any new CFCs associated with the new use; or

b. If the existing or prior use has paid monthly water prior to 10 years before the date of application for connection, the customer may apply for a partial credit for previous payments of CFCs, using the entire amount previously paid to be applied as credit against the current CFC charge calculated using the prevailing CFC rate schedule.

G. An additional CFC will be charged for nonresidential services purchased after July 2, 2008, if usage is greater than 110 percent of the purchased ERU capacity. This requirement for an additional CFC may be waived upon satisfactory demonstration by the customer that the increased water use was temporary in nature and will return to the originally anticipated level.

H. A transfer of CFC credits shall be transferable from one parcel to another under the following conditions:

1. Parcels are combined to facilitate redevelopment; or

2. A property in which the underlying owners and/or members of an entity are identical both as to the transferor property and the transferee property; a property owner may transfer the connection charge ERU from one of their properties to another one of the properties and shall be subject to the following conditions:

a. The holder of the ERU must demonstrate to the city that the same party owns both properties; and

b. The party requesting the transfer shall pay any and all costs incurred by the city in investigating or determining the credit availability.

3. The city reserves the right under either condition to deny any request for transfer where such a request would compromise the integrity of the system and/or compliance with any state or federal laws or regulations associated with the operation of the system.

I. Prior Issued Water Shares. Under prior city policy private contributions for the development of waterlines outside the city limits were credited to the contributor as “shares” at the rate of one share for each contribution equal to the current city “hook-up” charge or CFC for water service outside the city limits. Such shares were to be used within 10 years of date of issue. Since no shares have been issued for over 10 years prior to the adoption of the ordinance codified in this section all such shares are void. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.200 Capital facility charge mitigation or credit.

In the event that the proposed improvement on property to be connected to the Enumclaw water utility system is determined by the director or his/her designee to have an immediate adverse impact on the water distribution system, the director may recommend privately funded improvements to the water system as mitigation.

The total capital facility charge may be reduced based on the following considerations:

A. The capital improvements to the system to be constructed as mitigation must be identified in the current water system plan and included in the basis of the water CFC calculation. Such improvements shall be a regional benefit to the system and not solely for the benefit of the property being improved.

B. Prior to completing any work that would be applied as a credit toward the capital facility charge, the property owner and city shall execute an agreement in a form approved by the city attorney, establishing:

1. The full amount of the water capital facility charge that would normally be applicable to the property improvement.

2. Estimated costs of completing the capital improvements including, but not limited to, design, permits, construction and inspections.

3. Permits required by other regulatory agencies and the role of each party in obtaining such.

4. The duration of time in which the property owner must complete the mitigation improvements.

C. System improvements to be made by the developer. Developer shall provide all receipts, invoices and any other evidence and documentation to establish the actual cost of design and/or construction. The evidence and documentation shall be reviewed and, if acceptable, approved by the director. The credit amount shall not exceed the total water capital facility charges the developer is required to pay.

Approval of the director or designee is required for all capital facility charges determined under this provision. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.210 Water system standards.

All modifications to the water system must comply with the latest city water system plan and any plans, details, specifications and other standards and forms adopted by the department. The director is authorized to modify the department standards and forms as deemed necessary. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.215 Unauthorized use of water.

If any person makes or lays or installs any pipe or pipes or connections thereto or makes or breaks any connection to any meter or breaks any seal attached to any meter or seal or reseals any meter with the purpose or intent of obtaining water without paying the just charges for the same, the department shall, upon becoming aware of the fact, have the authority to shut off and stop the entire supply to the premises affected without prejudice to its right to collect any and all charges due for water legally or illegally or properly or improperly obtained or delivered to the premises. Such authority shall include the right to shut off the water supply serving the premises in any public street or right-of-way and charge the costs of labor and materials to such person or customer. If the improper connection is on public property, the department will make the necessary changes, removals or repairs, but if on private property, the owner shall do the work directed immediately upon demand. The customer having had such unauthorized supply shall pay on an estimated basis for the water used for the period during which such unauthorized service may have been obtained. The customer shall also pay all costs for labor and material used in removing the unlawful connections wherever found and in restoring the service line and meter to perfect conditions and all this work must be done and the cost thereof must be paid before service may be restored. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.220 Sharing or selling water to another.

No person shall sell or permit any person or persons to carry water from, or to connect to any water pipe or hose heading from, the customer’s piping, whether on the same premises or adjoining property, unless such person first obtains written permission or approval from the department. Where such use has been made the customer shall discontinue the practice on demand and pay for all charges and use as estimated to be reasonable by the department. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.250 Water service construction charges.

All water service installations shall be constructed by the department or by private contract as directed by the department. For all service installations constructed by the department, the owner or applicant shall pay in advance a deposit as established by resolution of the city council. The amount charged for work performed will be actual costs to the department with the additional amount billed to the customer. Failure to pay charges may result in, but not be limited to, termination of water service. All required city, county, state, and/or other permits and fees are in addition to the department charges.

All services and meters applied for shall be installed within two years of the application. Those customers who have not requested their water service and meter be installed within the two-year period will be required to pay the difference in all current charges and the charges paid at time of application, including the capital facilities charge. Where a service stub was previously installed at the option of the department, activation of that service shall require payment of all current fees and charges including the actual incurred service construction cost. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.275 Property-side (private) in public rights-of-way.

When a customer requests a service and meter installation for a property not abutting a water main and the public entity having jurisdiction over the right-of-way does not allow privately owned water lines in the right-of-way then the customer must obtain easements from the adjacent property owners for installation of their property side pipe. Recorded copies of said easements must be provided to the department before installation of the requested service and meter can occur.

Where a public entity requires that a customer’s existing property-side (private) pipes be removed from public rights-of-way, the following four options may be available to the customer at the sole discretion of the city:

1. The customer may arrange for a private contractor to install a new water main in the right-of-way using the private contract process noted in EMC 14.04.250. The main would be designed by the department and installed by the contractor, at the expense of the customer. Following the construction of the water main in the right-of-way, the customer’s service and meter will be transferred to the new main at no charge.

2. The customer may organize with adjacent property owners to form a local improvement district (“LID”) to install a new water main in the right-of-way. The design and construction process is similar to Option 1 above, but the project is financed and repaid over time through the department, through the LID process.

3. The customer may obtain easements from adjacent property owners to allow relocation of its property-side (private) pipes out of the right-of-way into the easement obtained. In this option, the customer must provide verification to the department that the easement has been recorded prior to the installation of the service and meter.

4. The customer may arrange for the department to design and install the necessary water main and appurtenances using the time and materials process. The department will estimate all costs associated with design and construction of the proposed water main and appurtenances and the customer will be required to make a deposit in the estimated amount. If the final costs are more than the estimate the customer will be required to pay the balance; if the costs are less the difference will be refunded. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.300 Fire hydrant ownership, installation, and relocation.

Owners of hydrants not accepted by the department under EMC 14.04.170 shall enter into an agreement with the city and recorded with the county that defines the owner and city responsibilities related to the private hydrants and any connected private water mains and appurtenances. The agreement terms shall be as required by the department.

All hydrants, whether inside or outside the city limits, are to protect the public safety and are not to protect any specific property or class. The city shall never be liable for any failure or refusal to install any hydrant or for the failure of any hydrant to perform as designed. If the city is unable to supply water within or without the city for the prevention or suppression of fire, the city will in no manner be liable for damages by reason of any such failure to any patron of the water system, or to any person or persons whose property may have been damaged or destroyed by fire. Any duty created by this chapter is a general duty running in favor of the public.

Fire hydrant installation and/or relocation shall be performed by the department at the customer’s expense or by private contract as directed by the department. For all installations constructed by the department a deposit shall be paid to the department in the amount of the department’s estimate of the cost to install or relocate a fire hydrant. If the actual cost is less than the estimated cost, the customer will be refunded the difference. Should the cost of installation exceed the deposit amount, the customer will be billed the additional amount. All costs to acquire the necessary city, county, state, and/or other permits to accomplish the installation or relocation are in addition to the above costs. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.302 System capacity flow testing.

To determine the capacity of a water system at a particular location for the purpose of a supply for automatic fire sprinkler systems or for other reasons, the department may at its discretion conduct a fire flow test using two or more fire hydrants. The fire flow test shall be conducted by the department upon request and after payment of a fee as established by resolution of the city council. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.305 Fire hydrant use (non-firefighting).

When water service is supplied through the use of a fire hydrant, other than for firefighting, the proposed use must be disclosed and a permit must be obtained from the department authorizing the hydrant use. A charge for all costs associated with hydrant and water usage shall be collected by the department. A fire hydrant meter or a water service and meter may be required under certain circumstances as determined by the department.

The use of the department’s hydrant without a current permit, using a restricted hydrant or failing to conform to the department’s hydrant operating procedures will result in a penalty of $1,000 in addition to all other hydrant use charges. Refusal to pay the penalties and charges may be cause for the department to refuse future hydrant use by the violator and/or discontinue service to the benefited premises.

Persons using a fire hydrant will be responsible for all damages to department facilities and/or other private facilities that may result from the use of said hydrant. If the person refuses to pay the cost for all damages associated with fire hydrant use, the department may refuse future service to the customer and/or discontinue water service to the benefited premises.

Applications for fire hydrant use for periods greater than six consecutive months may require the purchase of a water service connection of adequate size to accommodate the proposed water usage as determined by the department. Water service construction charges and capital facilities charge shall be as specified in this chapter. Hydrant permit charges will be as established by the department. A department-approved backflow protection assembly shall be installed by the person requesting the use of a fire hydrant. The assembly shall be accompanied by a current backflow assembly test report. The test report shall remain on the site for the duration of the hydrant use. The department reserves the right to terminate any hydrant permit at any time for security and/or water quality control reasons. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.306 Fire protection services.

When a customer does not receive domestic water from the department and requests a fire service from the department the appropriate regular domestic service rates shall apply. In addition all regular construction fees and capital facilities charges shall apply. Where city water is used for domestic purposes, such customers are entitled to a separate fire service at the regular fire service rate as established by the city council, payable annually.

Nonpayment of invoices related to the annual use of a fire service will result in the service being turned off and notification of the appropriate fire official who may then disallow occupancy of the premises.

Any water used for other than testing and extinguishing fires is a violation of this chapter and is subject to enforcement. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.309 Low pressure or low flow concerns.

The customer may request the department to conduct a flow and pressure test on the service to its premises. If the cause of the problem is found to be located on the property side of the meter yoke outlet, the customer will be invoiced in accordance with the fees established by resolution of the city council.

If the test discloses that the low flow and/or pressure is caused by department facilities, the department will attempt to correct the problem and the customer will not be charged. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.485 City not liable for damages.

The department reserves the right to require any customer to install as a condition of water service a pressure reducing valve, backflow prevention assembly, pressure relief valve or similar devices at any location where the certified operator determines a need to protect the department’s facilities, water quality or customer’s service.

The city shall not be liable for damages and allowances will not be made for loss of production, sales or service in case of: (A) water pressure variations, (B) revisions to pressure within the system, (C) operation of the city’s source of water supply or means of distribution fails or is curtailed, suspended, interrupted or interfered with, or (D) for any cause reasonably beyond the department’s control. Pressure variations, equipment failure, failure to supply, curtailment, suspension, interruption or interference shall not constitute a breach of contract on the part of the city, or in any way affect any liability for payment for water made available or for money due on or before the date of such occurrence. The customer shall notify the department as soon as possible in the event of unusual occurrences. The department reserves the right to make system modifications as deemed necessary for the operation and maintenance of the system.

When water service is turned on or left on at the request of the customer, or the department discontinues service for “nonpayment” or “no contract,” the department shall not be liable for damages incurred to the premises because of such actions.

If a water meter or other department pipes and equipment is located on the customer’s premises, as a condition of water service the customer agrees not to make claim against nor sue the city for any damages due to water leakage and shall hold the city harmless from any and all claims and litigation which allege damages resulting from water leakage occurring at such meter, pipes, and equipment.

The responsibility for customer facilities installed by the department for the benefit of the customer shall be that of the owner of the premises served and the city shall not be liable for any part of the cost nor for any damage resulting from its use. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.500 Waivers – By certified operator.

The certified operator is authorized to grant minor waivers to specific requirements contained in this chapter. The certified operator may grant a minor waiver upon department initiation or upon a clear demonstration by the applicant that such waiver will not be in conflict with the intent and spirit of this chapter. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.505 Customer service policies – Additional rules and regulations.

The certified operator, with the approval of the director, may promulgate and enforce customer service policies and related additional rules and standards as may be deemed appropriate to implement this chapter, to encourage conservation and the efficient use of water, and for further clarification of service. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.515 Violations – Penalties – Enforcement.

Any person violating any of the provisions relating to the rate schedules, general provisions, and customer service policies governing the sale of water shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in any sum not exceeding $1,000, or imprisonment for a period not to exceed one year, or both; and, in addition to the penalty herein above provided, the service to the premises of any person found guilty of violating these provisions shall be discontinued. The person violating same shall be liable for all damages resulting and for all water used by reason of such violation.

Legal criminal enforcement shall be vested in the police department of the city and all prosecutions for violations hereof shall originate in the municipal court of the city. The penalties provided herein are in addition to any civil remedy provided by law. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.520 Severability.

If any clause, sentence, paragraph, subdivision, section or part of the provisions relating to the rate schedules, general provisions and customer service policies governing the sale of water shall for any reason be adjudged to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this chapter. (Ord. 2769 § 1 (Exh. A), 2023).

14.04.525 Interference with and/or damage to city water system.

Any person causing damage to any property belonging to the department shall be liable to the department for any and all damages resulting either directly or indirectly therefrom.

It shall be unlawful for any person to willfully disturb, break, deface, damage or trespass upon any property belonging to or connected with the water system of the department in any manner whatsoever.

It shall be unlawful for any person to build, store, maintain or keep any goods, merchandise, materials or rubbish that will interfere with the access to or operation and maintenance of any water facilities, or any of their appurtenances. (Ord. 2769 § 1 (Exh. A), 2023).