Chapter 13.10
WATER AND SEWER SYSTEM COMBINED
Sections:
13.10.010 Water and sewer system combined.
13.10.015 Dwellings without service uninhabitable.
13.10.050 Payment responsibility of owner.
13.10.052 Billing and metering for multiple occupancies.
13.10.056 Payment for utilities.
13.10.060 Delinquent monthly bill – Penalty – Waiver.
13.10.070 Delinquent accounts – Shutoff for nonpayment.
13.10.072 Notice of termination of service for nonpayment.
13.10.074 Termination for nonpayment – 24-hour notice – Charge.
13.10.076 Multiple-dwelling-unit structures – Termination of service for delinquency.
13.10.077 Rental dwelling or dwelling unit – Termination of service for delinquency.
13.10.080 Delinquent accounts – Cut-off charge.
13.10.090 Reconnection charge – Water.
13.10.100 Charge for voluntary suspension of service – Refunds.
13.10.010 Water and sewer system combined.
It is hereby found and declared to be necessary for the public health, welfare and safety that the water supply and distribution system and the sanitary sewage collection and disposal system of the City (as now existing and as hereafter constructed) be combined as one utility (hereinafter called the “System”), and such combination is hereby so authorized and ordered. As provided in RCW 35.67.340, the operation by the City of the System shall be governed by the statutes of the State of Washington relating to the establishment and maintenance of a City Water System. [Ord. 133 § 1, 1972.]
13.10.015 Dwellings without service uninhabitable.
A. Any dwelling or dwelling unit not served by approved private water and septic facilities or to which utility service has been disconnected or terminated is uninhabitable and unfit for human occupation.
B. No person shall collect, receive, ask for, or demand rent or rentals for the lease or rental of any such dwelling or dwelling unit during the period of any such absence of service, or disconnection or termination of utility services.
C. No person shall inhabit, occupy or commence occupation or habitation of any dwelling or dwelling unit not served by approved private water and septic facilities or to which utility service has been disconnected or terminated.
D. The City may post a notice of uninhabitability in a conspicuous place near the entry to any uninhabitable premises; no person shall cause, permit or allow the removal, defacing or destruction of any such notice except upon the habitability of the premises.
Any violation of this section shall be a Class B misdemeanor. [Ord. 469 § 1, 1994.]
13.10.020 Rates – Water.
The following rates shall be charged monthly to the customers of the Everson water facilities:
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A. Unmetered Users: |
$24.00 |
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B. Metered Users: |
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1. |
Administrative charge for services where the meter was shut off for the entire month: |
$10.00 |
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2. |
Base rate charge for services where the meter was not shut off for the entire month: |
2021 |
2022+ |
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3/4" Meter |
$17.50 |
$18.02 |
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1" Meter |
$22.23 |
$22.90 |
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1-1/2" Meter |
$33.38 |
$34.38 |
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2" Meter |
$49.31 |
$50.79 |
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3" Meter |
$74.80 |
$77.04 |
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3. |
Usage charge per cubic foot: |
2021 |
2022+ |
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First 300 cubic feet per meter |
$ - |
$ - |
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Over first 300 cubic feet per meter up to 1,500 cubic feet (if residential, up to first 1,500 cubic feet per dwelling unit) |
$0.0262 |
$0.0262 |
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Over first 1,500 cubic feet (if residential, over first 1,500 cubic feet per dwelling unit) |
$0.0262 |
$0.0262 |
C. Water Association and Wholesale Users.
1. Water Associations.
a. Base volume rate: $26.20 per month for each customer connection for a base volume of up to 1,000 cubic feet of water per customer connection per calendar month; plus
b. Rate for usage above the base volume: $2.03 per 100 cubic feet of water per calendar month for all water flow in excess of the total base volume.
2. Wholesale customers: $2.62 per 100 cubic feet ($0.0035 per gallon) plus $50.00 service charge per purchase.
3. City-owned facilities: $0.98 per 100 cubic feet.
4. Senior/Disabled Citizen Discount. Upon application and proof on such forms as the Clerk/Treasurer may require, residential water charges due from a customer qualifying as a senior or disabled citizen whose real property is wholly or partially exempt from taxation pursuant to RCW 84.36.381 through 84.36.389 shall be discounted 10 percent.
5. Unless otherwise abrogated by the City Council, beginning January 1, 2023, and each year thereafter, the water utility rates levied in 2022 shall continue with an annual adjustment each year in January by an inflationary factor tied to the Consumer Price Index, All Urban Consumers (CPI-U), Seattle-Tacoma-Bremerton index. The inflationary factor shall be calculated and rates shall be adjusted by the Clerk/Treasurer in September of each year using 12 prior months of Consumer Price Index data. There will be a rate increase cap of three percent. [Ord. 830 § 1, 2021; Ord. 745 § 1, 2014; Ord. 723 § 1, 2012; Ord. 656 § 1, 2006; Ord. 452 § 1, 1993; Ord. 448 § 1, 1993; Ord. 430 § 1, 1991; Ord. 413 § 1, 1991; Ord. 371 § 1, 1988; Ord. 342 § 1, 1987; Ord. 274 § 1, 1982; Ord. 207 § 1, 1979; Ord. 140 § 1, 1972; Ord. 106 § 1, 1967; Ord. 96 § 1, 1966; Ord. 66 § 1, 1960; Ord. 11 §§ 1, 2, 1936.]
13.10.030 Rates – Sewer.
The following rates shall be charged monthly to the customers of the Everson sewer facilities:
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2021 |
2022+ |
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A. |
Unmetered Water Users (monthly): |
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1. |
Residential structures: |
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a. |
Single-family dwellings (includes manufactured homes) |
$79.00 |
$80.00 |
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b. |
Multiple-family dwellings (per dwelling unit) |
$79.00 |
$80.00 |
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2. |
Commercial offices and businesses: |
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a. |
Employees-only restroom(s) |
$79.00 |
$80.00 |
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b. |
Public/customer restroom(s) (per restroom set) |
$79.00 |
$80.00 |
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3. |
Restaurants and taverns |
$158.00 |
$80.00 |
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4. |
Service stations and garages |
$79.00 |
$80.00 |
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5. |
Laundromats |
$316.00 |
$320.00 |
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6. |
Churches |
$79.00 |
$80.00 |
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B. |
Metered Water Users (all metered water users connected to the City sewage system): |
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1. |
Base rate per month per dwelling unit, business occupant or user for up to 600 cubic feet metered water usage per dwelling unit, business occupant or user, where the number of dwelling units, business occupants or users shall be determined by the City Clerk based on review of occupancy and business licensing information |
$79.00 |
$80.00 |
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2. |
Additional marginal rate per 100 cubic feet in excess of 600 cubic feet metered water usage per month per dwelling unit, business occupant or user; provided, that the additional marginal rate shall not be applicable to usage by residential customers during the months of June through August. |
$2.00 |
$2.00 |
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[Ord. 830 § 2, 2021; Ord. 803 § 1, 2019; Ord. 775 § 1, 2016; Ord. 745 § 2, 2014; Ord. 716, 2011; Ord. 597 § 8, 2002; Ord. 497 § 1, 1996; Ord. 413 § 2, 1991; Ord. 382 § 1, 1989; Ord. 354 § 1, 1987; Ord. 342 § 2, 1987; Ord. 274 § 2, 1982; Ord. 207 § 1, 1979; Ord. 140 § 1, 1972.]
13.10.040 Payment – Date due.
Monthly billings for water and sewer service are due on or before the last day of the month following the month of service, and shall be delinquent thereafter. [Ord. 308 § 1, 1984; Ord. 274 § 5, 1982; Ord. 228 § 1, 1980; Ord. 106 § 1, 1967; Ord. 11 § 4, 1936.]
13.10.050 Payment responsibility of owner.
The owners of rental properties shall be responsible for their rental’s water/sewer service charge. [Ord. 209 § 1, 1979.]
13.10.052 Billing and metering for multiple occupancies.
A. Structures under one ownership occupied by more than one dwelling unit and/or business occupant and served by a single meter shall be billed to the owner(s) or the agent of the owner; provided, that such billing shall include one basic rate for each business occupant or dwelling unit in such structure.
B. Structures permitted after the effective date of February 28, 1994, shall be served by separate meters for each dwelling unit and/or business occupant. The occupant of the dwelling unit and/or business shall be billed directly for the service. The legal owner(s) of the structure and/or unit shall be ultimately responsible for payment. [Ord. 469 § 2, 1994.]
13.10.054 Tenant accounts.
A. Notwithstanding the provisions of EMC 13.10.050, tenants holding under a recorded written lease may make application to be supplied with City utilities on their own account; provided, however, that all structures permitted after the effective date of February 28, 1994, shall be served by separate meters for each dwelling unit or business occupant and each dwelling unit and/or business occupant shall make application to be supplied with City utilities under their own accounts.
B. Notwithstanding the provisions of EMC 13.10.050, the tenant of any individually metered dwelling or dwelling unit which is the subject of a termination of service notice on account of nonpayment by the landlord or a prior tenant, may, if within the scope of EMC 13.10.054, apply for future utility service on the tenant’s own account.
C. Property owners shall be supplied with copies of past due utility service billings sent to any tenant on the tenant’s own account.
D. The establishment of a utilities service account in the name of a tenant shall not relieve the property owner from ultimate responsibility for the account pursuant to EMC 13.10.050. [Ord. 469 § 3, 1994.]
13.10.056 Payment for utilities.
Regardless of whether the property is owner or tenant occupied, all property owners will be responsible for the billing and payment of water, sewer and/or other City charges assessed against any property of which they are owner. In cases where the property owner employs a property management company, the City of Everson will bill the property management company if requested by property owner. [Ord. 719, 2012; Ord. 469 § 4, 1994.]
13.10.060 Delinquent monthly bill – Penalty – Waiver.
A. A penalty of $5.00 shall be imposed upon and thereafter become a part of each delinquent monthly bill.
B. Upon application, City staff is authorized to waive one late charge per customer per each 12 consecutive months; provided, that the waiver is requested prior to the next month’s billing and at the time of waiver the customer’s utility account (without reference to the late charge) is current. [Ord. 719, 2012; Ord. 474 § 1, 1994; Ord. 308 § 2, 1984; Ord. 274 § 5, 1982; Ord. 228 § 1, 1980; Ord. 140 § 2, 1972; Ord. 96 § 3, 1966; Ord. 11 § 4, 1936.]
13.10.070 Delinquent accounts – Shutoff for nonpayment.
When any water or sewer account shall become delinquent, the City of Everson may cut off the water service until the delinquent and unpaid charges are paid. [Ord. 308 § 3, 1984; Ord. 228 § 2, 1980; Ord. 96 § 3, 1966; Ord. 11 § 5, 1936.]
13.10.072 Notice of termination of service for nonpayment.
A. Issuance and Service. Prior to any termination of utility service for nonpayment pursuant to EMC 13.10.070, the owner and all occupants of the premises shall be given seven days’ written notice of the delinquency and the City’s intent to terminate utility service if the delinquent and unpaid charges, together with late penalties, are not paid by a date and time certain. Such notices shall be given personally, or by posting in a conspicuous place near the entry to the premises, or by mailing the same by first class mail, postage prepaid, to the last known address of the owner and all occupants. The notice shall be deemed given at the time of service, posting or placement in the U.S. mail.
B. Right of Hearing. The recipient of a notice of termination shall have a right to be heard by a City official concerning the delinquent account; provided, however, that a written request for such a hearing must be received by the City Clerk at least 48 hours prior to the payment deadline set forth in the notice. The Mayor, or the Mayor’s designated appointee, shall meet with the customer and conduct the hearing prior to the payment deadline and keep a written record of all proceedings. The Mayor or the Mayor’s appointed designee shall have authority to confirm the termination notice, extend the payment deadline for good cause shown, or continue the hearing to the date and time of the next scheduled City Council meeting, in which event the payment deadline shall automatically be extended to noon of the day following such City Council meeting.
C. Appeal. The decision of the City official shall be settled and binding unless at the close of the hearing and on the record the customer requests an appeal to the City Council. The appeal shall stay the payment deadline to noon of the day following the next regularly scheduled council meeting; the appeal shall be automatically dismissed and the stay ineffective if at least one-half the delinquent utility charges are not paid by the payment deadline contained in the notice.
D. City Council Action. At any such continued hearing, the City Council shall confirm, modify, or revoke the termination notice. The decision of the City Council shall be conclusive, binding and final.
E. Contents of Notice. The notice shall contain or be accompanied by provisions informing the recipient of the provisions contained in this section and in EMC 13.10.015, 13.10.054, 13.10.056, 13.10.074, 13.10.076, and 13.10.077. [Ord. 469 § 5, 1994.]
13.10.074 Termination for nonpayment – 24-hour notice – Charge.
Upon the expiration of the payment deadline provided in the notice issued pursuant to EMC 13.10.072, the City shall, prior to termination of utility service, cause to be posted in a conspicuous place near the entry to the affected premises a notice that utility service to the premises will be terminated at any time at least 24 hours following the posting of the notice, which time shall be indicated on the notice.
The City of Everson shall charge a fee of $10.00 as a reasonable assessment for the expense of providing the 24-hour notice under this chapter. [Ord. 766 § 1, 2016; Ord. 469 § 6, 1994.]
13.10.076 Multiple-dwelling-unit structures – Termination of service for delinquency.
Utility service to singly metered, multi-dwelling-unit structures shall not be terminated for nonpayment unless the tenants following receipt or posting of the notices provided in EMC 13.10.072 and 13.10.074 have, individually or corporately, failed thereafter to open a utility account for the entire building in the name of such tenant(s) by the shutoff date or, independently, have failed to diligently pursue any legal action available pursuant to Chapter 59.18 RCW to obtain payment of the delinquent utility charges by the landlord or otherwise prevent the termination of utility service. Any lapse of five days in the taking of any available action or issuing any available tenant notice shall be deemed a lack of diligence. [Ord. 469 § 7, 1994.]
13.10.077 Rental dwelling or dwelling unit – Termination of service for delinquency.
A. Utility service to an individually metered rental dwelling or dwelling unit provided on the account of the landlord shall not be terminated for nonpayment unless the tenant, following receipt or posting of the notice of termination provided in EMC 13.10.072, has failed to thereafter open a utility account in his or her own name by the payment deadline.
B. Utility service to an individually metered rental dwelling or dwelling unit provided on the account of a prior tenant shall not be terminated for nonpayment unless the occupying tenant, following receipt or posting of the notice of termination provided in EMC 13.10.072, has failed to thereafter open a utility account in his or her own name by the payment deadline.
This subsection shall not apply to or for the benefit of any tenant who actually occupied the rental dwelling or dwelling unit during any portion of the period of service to which the delinquent utility charges relate.
C. This section shall not be construed to apply to or for the benefit of any tenant initially occupying or attempting to occupy an individually metered rental dwelling or dwelling unit to which utility service is at that time disconnected for non-payment. [Ord. 469 § 8, 1994.]
13.10.080 Delinquent accounts – Cut-off charge.
The City of Everson shall charge a fee of $40.00 as a reasonable assessment for the expense of cutting off the water service under this chapter. [Ord. 719, 2012; Ord. 228 § 3, 1980.]
13.10.090 Reconnection charge – Water.
Thereafter such person or persons (whose service is discontinued) shall pay and there shall be collected by the City of Everson, in addition to the amount then due (from previous delinquent account), an additional charge of $20.00 for each reconnection before the use of the facilities or the furnishing of such services shall thereafter be afforded to such person or persons or property. [Ord. 719, 2012; Ord. 96 § 3, 1966; Ord. 27 § 1, 1950; Ord. 11 § 5, 1936.]
13.10.100 Charge for voluntary suspension of service – Refunds.
The City shall charge $15.00 for any customer requested temporary suspension of water service for maintenance, repairs or construction; provided, that such customer shall be entitled to a full refund of such charge upon submission of proof of installation of that customer’s own main valve within six months of the resumption date following voluntary suspension of service. [Ord. 421 § 1, 1991.]