Chapter 13.04 UTILITY SYSTEM SERVICE REGULATIONS

Prior legislation: Ords. 632, 789, 823, 840, 850, 855, 864, 889, 984, 1000, 1026, 1050, 1117, 1192, 1383, 1435, 1456, 1472, 1515, 1549, 1638, 1651, 1685, 1787, 1819 and 2062.

13.04.005 Definitions.

“Chargeable water,” for the purposes of this chapter, means the measure of water consumed on the premises from whatever source.

“Current property owner,” or “owner of the property,” for the purposes of this chapter, shall mean the owner having legal control of the property at the time of the billing date of the City’s bill.

“Director,” for the purposes of this chapter, means the Public Works or Finance Director.

“Reduced rate program,” for the purposes of this chapter, shall mean a program administered by the City of Ferndale providing reduced utility rates based on the aggregate income of household members, and/or the disability status of one or more household members.

“Single service connections,” for the purposes of this chapter, shall mean connections serving one single-family residential unit.

“Tampering,” for the purposes of this chapter, means the unauthorized interference with a water or sewer connection or service, utility lines, or other piece of City infrastructure and may include but is not limited to reconnection of services, alteration of services, removal of services, introduction of toxic or hazardous substances to City utilities, or other damage to services.

“Utility,” or “utilities,” for the purposes of this chapter, means City water, stormwater, and sewer services.

“Winter averaging,” for the purposes of this chapter, shall mean the average bimonthly water volume recorded on three normal meter readings during the period of October through March of the preceding year. Winter-average consumption for each single-family residence or duplex will be recomputed before the start of each year and that volume will be used to compute the bimonthly sewer volume charge for the residence for the entire calendar year. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2182 § 1, 2021; Ord. 2175 § 1 (Att. A), 2021)

13.04.010 Purpose.

The rules and regulations set forth in this chapter shall be used and established for the fixing, regulating and controlling of the use and price of utilities supplied by the City. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.020 Application for utility connection.

Any person desiring to connect to the utility system of the City shall make application to the City on the forms furnished for that purpose. Every such application shall be made by the owner of the property to be benefitted, or their authorized agent, and the applicant must agree to conform to the rules and regulations established from time to time as a condition for the use of utilities. At the time of filing such application, the applicant shall pay to the City the permit, installation and connection charges for utility services as set forth by ordinance of the City. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.025 Requirement to connect to City utilities.

Where both water and sewer main lines are available within 200 feet of a property, connection to both utilities shall be required. This requirement shall not apply to nonresidential, noncommercial or nonindustrial uses where sewer service in any form is not required.

A. When one, but not both, City main lines are available within 200 feet of a property, connection to the available utility shall be required.

B. Requirements to abandon existing on-site sewage disposal systems and to connect to City sewer shall be as per FMC 13.20.020(C).

C. Should an existing on-site sewage disposal system fail, the property owner shall be required to connect to City services unless a waiver is granted by the Public Works Director due to the unavailability of services within 200 feet of a property. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.030 Permit required for connections.

No one will be allowed to make connection with the City mains, or make connection with any conduit, pipe or other fixture connecting therewith, or to connect pipes when they have been disconnected, or to turn on or off water to any premises without the permission of the Public Works Director, as per an approved City of Ferndale encroachment permit per Chapter 12.22 FMC. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.035 Conformance with regulations required.

All the rules and regulations prescribed by this chapter must be strictly complied with in every instance, and the water must be paid for by all persons supplied according to the following rates and schedules, and in all instances charges shall be made and collections enforced against the owner of the property where water connections and services are made, and the employees of the City are not authorized to make any exceptions unless specifically listed herein. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.040 Application for utilities for building purposes, continuation of services.

The property owner of land on which any building is under construction will only be furnished City utilities upon application of the property owner or their authorized agent. Continuation of utility service is contingent upon compliance with applicable City building codes. Failure to comply with conditions of approval, permits, inspection or building codes will authorize the City, following 30 days’ notice, to discontinue utility service. The owner of property for which utilities are used for building purposes shall pay at meter rates, and payment for the same shall be made at the time and in the same manner as in the case of other meter rates. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.045 Final bills.

A. Final utility billing for properties that have been sold shall be administered as follows:

1. Upon notification of a change in property ownership pursuant to FMC 13.04.050, the City shall charge actual consumption, until a new wintertime average consistent with standard billing practices for the sewer utility is calculated for the property.

2. For the purpose of calculating final billing for utilities, the City shall charge actual consumption for both water and sewer average pro-rated up to the closing date of the real estate transaction. The City shall charge a closing fee in accordance with the City’s Unified Fee Schedule every time a request is made for a final meter read. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.050 Notification of ownership.

It shall be the responsibility of the property owner to notify the City within 10 calendar days of the date of assumption of ownership, together with the name and correct mailing address of the property owner. Subsequent changes in correct mailing address of the property owner shall also be reported within 15 calendar days. If such notice is not provided to the City, all charges shall be the responsibility of the current property owner. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.060 Responsibility of property owner for bimonthly billing.

It shall be the responsibility of the property owner to inform the City as to the name and correct mailing address for bimonthly billings, and to inform the City if the property owner is not receiving bimonthly billings. The property owner may request a concurrent mailing of bimonthly billings and/or late notices to both themself and a property management company, and such billings shall be mailed upon payment of an annual duplicate billing fee as contained in the City’s most current approved Unified Fee Schedule. While an owner may pass on costs to a tenant or lessee through private agreement, under the terms of this chapter, it shall be the current property owner who is wholly responsible for utility charges, and the City shall have no obligation to collect payment from any third party. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.070 Rates – Designated.

A. Generally. Appropriate meter size for all classes other than single-family residential shall be determined by the Public Works Director.

1. Single-family residential meter size shall be three-fourths inch, unless otherwise approved by the Public Works Director, and subject to the most current approved Unified Fee Schedule.

B. Bimonthly Rate Schedule. All users shall pay bimonthly charges for utilities used. A base fee shall be charged on all connections, regardless of usage, all according to such rate schedule, as may be adopted by ordinance of the City Council from time to time.

1. Where the use of water is such that a portion does not flow into the sewer system due to its use in manufacturing or in a manufactured product, after installation and connection to the main line of a meter or other appropriate measuring device approved by the Public Works Director, a separate sewer use calculation may be utilized.

C. In the event that the City determines that a property owner has not been properly charged for utilities, the City is required to collect on any unbilled usage, in full. The property owner shall be responsible for full payment of these charges. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.080 Special rates.

The City Council is authorized to fix special rates, as reflected in the Unified Fee Schedule, for a particular use when, in the opinion of the Council, the nature, purpose, or situation of consumption is so unique that a strict adherence to the rates set forth in this chapter would create an unfair or inequitable charge against the particular user. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.085 Rates and policy for bulk water and use of fire hydrant meters.

Any person wishing to purchase bulk water from the City may make an official request by filling out an application for a fire hydrant meter.

A hydrant bulk water setup fee and deposit, as set in the most current City of Ferndale Unified Fee Schedule, shall be paid prior to releasing the fire hydrant meter to the applicant. Applicants are required to submit monthly hydrant meter readings in writing. The deposit shall be refunded when the fire hydrant meter is returned. If the fire hydrant meter is not returned within 60 days of issuance and the required monthly meter readings are not submitted, the deposit will not be refunded.

The charge for bulk water shall be paid consistent with the Unified Fee Schedule. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.090 Low-income resident rates.

The City of Ferndale has established variable utility rates for low-income residents. Residents earning less than 150 percent of the federal poverty level (FPL) or who qualify for the Whatcom County property tax exemption program are eligible for a 30 percent reduction for water and/or sewer and storm drainage utilities. Residents earning between 151 to 200 percent of federal poverty level shall qualify for a 15 percent reduction for water and/or sewer and storm drainage utilities. The 15 percent reduction for residents earning between 151 to 200 percent of federal poverty level shall expire on December 31, 2024.

Any low-income resident who satisfies the reduced rate criteria in this section and who lives in a residence receiving a separate water and/or sewer service is entitled to either a 15 or 30 percent rate reduction for water and/or sewer and storm drainage utilities depending upon eligibility. The procedure to obtain the rate reduction shall be as follows:

A. In order to qualify for a 15 percent rate reduction, a utility customer must have a household adjusted gross taxable income (AGI) between 151 and 200 percent of the U.S. Federal Government Department of Health and Human Services 150 Percent of Poverty Guidelines (attached to the ordinance codified in this section) for the previous tax year, and must comply with subsections (D) through (G) of this section.

B. The 15 percent rate reduction shall expire on December 31, 2024. In order to qualify for a 30 percent rate reduction, a utility customer must have a household adjusted gross taxable income (AGI) below the U.S. Federal Government Department of Health and Human Services 150 Percent of Poverty Guidelines (attached to the ordinance codified in this section) for the previous tax year, and comply with subsections (C) through (G) of this section.

C. A property owner who is residing at the residence may automatically qualify for the applicable rate assistance program under subsection (B) of this section if they are currently on Whatcom County’s property tax exemption program; a copy of the approved application from the Assessor’s Office must be submitted with the rate reduction application to the Finance Department.

D. A property owner, not residing at the residence, may also obtain a reduction if the premises are rented to a qualified low-income person and the property owner certifies in writing that the savings are passed to the tenant. The renter shall first be required to file an application with the Finance Department requesting the discount.

E. If an individual is applying for a disability reduction, they must provide a current (less than three months old) statement of eligibility from the Social Security office to the Finance Department.

F. The City shall distribute annual income and disability verification forms to residents enrolled in income and disability programs.

G. Residents must immediately notify the City when household income level or disabled status changes to a degree that no longer makes them eligible to receive rate reductions, the house has sold, or the house is no longer the primary residence. If such notification is not provided to the City, the resident will be back-billed for the regular rate to the application date.

1. The City reserves the right to request documentation from an owner of continued eligibility at any time. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2217 § 1 (Att. 1), 2023; Ord. 2175 § 1 (Att. A), 2021)

13.04.095 Water conservation support.

Properties that feature systems such as rain barrels, catchment basins, or other such methods to conserve water use shall coordinate with the City of Ferndale in the installation of these systems so as to ensure protection of the water utility and any modification to utility calculations that may become necessary. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.100 Notice/payment – Dispute – Disconnection.

A. Notice and Payment. All charges for utility service shall be due and payable approximately the fifteenth day of the following month after the billing date and if not paid in full within 15 calendar days thereafter shall be considered delinquent. Late notices, which may include door hangers, or other written notification shall contain notice that if delinquent accounts are not paid in full within 30 days of the due date, it is the City’s intent to discontinue service. Late notices shall contain the following information:

1. The amount of charges owing;

2. A statement of the specific date upon which service shall be terminated;

3. Instructions for challenging the notice and the deadline for same.

B. The City has the discretion to initiate shutoffs (or not) and reserves the right to change the timing of shutoffs with sufficient notification to residents.

1. Challenging Late Notices and Billing. An owner wishing to challenge a utility late notice or utility billing may do so by contacting the City of Ferndale Finance Department and filing a formal statement in writing with the Finance Department challenging the bill. The formal challenge shall include the following: property owner’s name and address; the utility billing address; and a concise statement as to the basis of the challenge. The statement must be signed by the property owner and must be served on the Finance Department (or designee) no later than 20 days after the date of the billing statement in dispute. If no formal statement is filed within this time frame, any right to challenge the utility late notice or utility billing will be lost, and the billing amount is due and owing.

If a written statement is filed, the Finance Department will promptly review the written statement and seek to determine whether an error in billing occurred. If the Finance Director determines that such an error occurred, the City will revise the bill accordingly and reissue it within 30 days after receiving the written statement, and full payment of the revised amount shall be due in accordance with the due date on the original bill or five business days after the decision is issued, whichever is later. If no error has occurred in the judgment of the Finance Director, a reissued utility late notice or utility billing shall be issued, and all fees shall be paid as provided for in the reissued bill.

2. In addition to late fee waivers associated with City error, the Finance Director or designee shall authorize a late fee waiver when requested in writing no more than once per calendar year, when both of the conditions provided in subsections (B)(2)(c)(i) and (B)(2)(c)(ii) of this section are met, and the request is not disqualified as per subsection (B)(2)(c)(iii) of this section. All utility resident classes are eligible for a late fee waiver under this section.

a. The account has not received a late fee during the prior 12 billing cycles.

b. The account must be paid in full within five business days of making the request. If the account is not paid in full, the late fee will remain and no other late fee removal requests, unless such requests are associated with a City billing error, will be granted in the next two years (the remainder of the calendar year and the next full calendar year).

c. Exceptions and Disqualifications.

i. Late fees will not be removed if water shutoff has occurred.

ii. Late fee waivers will only be applied to the current billing cycle; no prior late fees will be removed under any circumstances.

iii. Late fee waivers associated with City billing errors shall not count against the one-time late fee waiver.

C. In the event a disconnection is deemed appropriate, the disconnection will be considered as having occurred at such time as the work order therefor has been issued, whether or not the physical disconnection has been accomplished, and a reconnection fee as set in the most current City Fee Code shall be tendered, along with the full amount of the delinquency, prior to reconnection. Reconnection of service during other than normal working hours shall be charged as provided in FMC 13.04.180.

D. Failure to receive mail will not be recognized as a valid excuse for failure to pay utility bills when due. No change of property ownership or occupation shall affect the application of this section.

E. Any form of payment tendered for utilities which is returned to the City by the bank and not credited to the account of the City shall be charged a return item fee as set by ordinance of the City Council; provided, however, that payments which are received following a City-issued “notice of shutoff for nonpayment” and which are returned to the City by the bank and not credited to the account of the City shall be charged a higher return item fee as set by ordinance of the City Council. The fees set by this section shall be in addition to any other fees, penalties, or charges otherwise owing to the City.

F. If payment tendered for utility charges is returned to the City by the bank for insufficient funds more than once in a single billing period, the City reserves the right to require the property owner to pay the amount due in full with cash, a money order, or a cashier’s check before the account is made current.

1. The property owner may petition the Finance Director for the ability to pay via an alternate form of payment after no less than three billing cycles (six months) of the account remaining current. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2214 § 1 (Att. 1), 2023; Ord. 2175 § 1 (Att. A), 2021)

13.04.110 Delinquent charges.

All water rates shall be charged against the property to which water is furnished and against the property owner thereof. If any charge for utility service becomes delinquent by more than $100.00, the water may be shut off, and in no case shall it be turned on to the same property until all deficiencies, including penalties, are paid in full. No change of property ownership or occupation shall affect the application of this section.

A. Reconnection to City utilities shall not occur prior to the City receiving full payment for all delinquent utility charges, including shutoff and late fees. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.120 Leak adjustments.

A. Adjustments will only be made to bills by the City for single service connections. Said adjustments shall be limited to one adjustment per 24 months per account.

1. In addition to the leak adjustments described in this subsection (A), an unexplained leak adjustment may be authorized, occurring no more frequently than one adjustment every five years (60 months) per account.

B. Adjustments shall be such that the bill for the 60-day billing period immediately prior to the discovery of the leak shall be adjusted and become the average of the three preceding billing periods. All amounts in excess of average shall be charged at half the current rate for water and sewer per 100 cubic feet of water expended. The overage charges cannot exceed $250.00 for water and $250.00 for sewer.

C. Where adjustments are sought they shall be applied only for the time the leak occurred.

D. The City staff will assist in notification of leaks, but it shall remain the property owner’s responsibility to discover and repair the leak. Upon notification by the City of a leak the property owner must schedule repairs within 10 working days or forfeit all rights to an adjustment.

E. All requests for adjustments shall be submitted in writing using the City of Ferndale application for an adjustment.

F. All requests to adjust billing for multiple services connected by one meter, or requests for more than one adjustment per 24 months, will be forwarded to the Finance Director for their concurrence. The Finance Director shall review adjustments where leakage appears to be 300 percent or more of normal usage.

G. No adjustment shall be made for the loss of less than 300 cubic feet.

H. Adjustments shall typically be in the form of a credit to the account in question; refund checks shall only be issued in order to close an account, or when the credit is in excess of $1,000, and only at the request of the current property owner. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.130 Meter regulations.

A. All meters shall be the property of and under the control of the City and may be installed or removed, at the discretion of the Public Works Director, whenever such installation or removal is warranted. In the event a meter fails to properly register, the resident shall be charged at the average daily consumption as shown by the meter during the last three billing cycles that the meter was considered in good condition or, in the absence of data, the average of a full year’s consumption following the date of discovery.

B. In all cases where meters or meter locks owned by the City are lost, stolen, or damaged by carelessness or neglect of the property owner or occupant of the premises being supplied, they shall be replaced or repaired by or under the direction of the Public Works Director, and the costs charged against the premises supplied. In the case of nonpayment for such repairs, the water shall be shut off and not turned on again until such costs, together with a charge as contained in the City’s most current approved Fee Code for meter turn on/off services, have been paid. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.132 Meter testing – Replacement.

A. Any users of metered water who claim that the water meter is not registering correctly may make application to have the meter tested or replaced.

B. If the meter is tested and found to be registering correctly, or in the resident’s favor, the resident shall pay a fee as contained in the City’s most current approved Fee Code for removal, testing and replacement of the meter; that fee shall be added to the resident’s next bill and shall be paid for per the same terms and conditions as those set forth for regular water usage.

C. If the meter, after testing, is found to be registering incorrectly by showing a possible overcharge, no charge shall be made for testing and the current water bill will be adjusted based on the test results. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.134 Pressure-reducing valves.

A. All service connections to the City’s water distribution system shall be protected by a pressure-reducing valve.

B. All pressure-reducing valves installed on private property become the ownership and responsibility of the owner and the owner shall maintain, repair or replace as needed. Pressure-reducing valves located within City right-of-way shall also be considered private and shall be relocated outside of the right-of-way at the time of replacement due to failure. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.140 Separate stopcock required.

The service pipes must be so arranged that the supply to each separate house or premises may be controlled by a separate stopcock placed within and near the line of the street curb. One person, company, or association must pay for all of the water used through the service for his or their own use or for the use of others to whom it may be accessible. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.150 Separate service requirements.

Where water is supplied through one service to several houses, families or persons, the Public Works Director may at their discretion either decline to furnish water until separate services are provided or may continue the supply on the condition that one shall pay for all on the same service. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.160 Maintenance of service pipes.

The service pipes within the premises must be kept in good repair and protected from freezing at the expense of the property owner or occupant, who will also be responsible for all damages resulting from leaks and breaks.

A. Generally, the City of Ferndale shall be responsible for pipe and infrastructure maintenance, including leaks, occurring before the meter (between the meter and other City-owned infrastructure). The property owner shall be responsible for pipe and infrastructure maintenance, including leaks, occurring after the meter (between the meter and other privately owned infrastructure).

1. City staff are not authorized to conduct repairs or provide formal consultation on leaks, repairs, or replacement occurring after the meter. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.170 Defective fixtures.

Water may be denied to premises where there are defective or leaking faucets or other fixtures. When such defects are discovered, the supply may be withdrawn until the proper repairs are made. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.180 After-hours service calls.

At such times when service calls are made requiring an employee of the Public Works Department to visit a premises after normal working hours for the purpose of turning the water service off or on, and when such service call is necessitated through no fault, negligence or omission of the City, the property owner and premises shall be charged as contained in the City’s most current approved Fee Code. Such charge shall be in addition to the penalty set forth in FMC 13.04.100 when the after-hours service call is to reinstate water service to a property which has had service discontinued for nonpayment of meter rates. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.200 Necessary water shutoff without notice.

The water may at any time be shut off from the mains, without the requirement of notice, for repairs, extensions, or other necessary purposes. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.210 Water shortage restrictions.

The City reserves the right in the case of shortage of water, or for any other cause, to make an order regulating, forbidding, or suspending the use of water for irrigation or sprinkling. The City Council is authorized and empowered to, in its discretion at any time, make such order and shall give notice of the same through the City official newspaper, by posting on the City’s website, and/or through other means appropriate to provide notice to the general public. Any person violating any such order shall be subject to a charge of a written warning for the first offense, with subsequent offenses being charged as per the current Unified Fee Code.

A. Enforcement of annual summer water conservation measures shall be administered per this section. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.220 Restrictions on water use during fires.

When, in the opinion of the Public Works Director, the use of water for sprinkling or irrigation during a fire reduces the pressure within the mains to the extent that fire fighting procedures are inhibited, the Public Works Director may deny the use of water for such purpose until the fire is extinguished. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.235 Use of water from unmetered source – Permit.

A. All bulk water users must obtain a permit from the City prior to the withdrawal of City potable water from any unmetered source. This permit must be available for inspection by any City representative at time of withdrawal of water from an unmetered source.

B. At time of withdrawal of water from an unmetered source the user must record the time, date and gallonage taken and report that information to City Hall within 72 hours after withdrawal.

C. User must comply with all City ordinances concerning City water system, water rates, payments and related fees.

D. Water taken from any nonmetered source is not considered by the City to be for human consumption and the City assumes no responsibility or liability for the sale of such water. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.250 Applicability to out-of-City residents.

Where water is supplied to services outside of the incorporated limits of the City, the provisions of this chapter shall apply to each person, company, or association connecting with the City water system. Connection to the City water system by any person, company, or association outside of the incorporated limits of the City shall constitute acceptance of the terms and provisions of this chapter and any rules and regulations adopted pursuant thereto. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.255 Exemption.

There shall be granted an exemption from the sewer consumption charges, during new construction of a habitable structure, for a period not to exceed three bimonthly billing cycles beginning on that date upon which the first measurable water is subject to charge. During the period of exemption the base fee as provided under FMC 13.04.070(B) shall continue to apply and the exemption shall terminate upon occupancy of the structure. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)

13.04.265 Violations – Enforcement.

A. Any consumer who wastes water, or allows it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures following due notification of such leakage, or allows any fixture to run open, or fails to comply with any of the rules and regulations established as a condition of the use of such water or fails to comply with any of the regulations herein, shall be subject to an initial penalty as contained in the current Unified Fee Schedule for each offense, and the water shall be shut off and shall not be turned on again until all charges and penalties have been paid and proof supplied of compliance with the above rules and regulations.

B. At the discretion of the Director, if compliance cannot be achieved with the assessment of an initial penalty, additional fines may be assessed. In the alternative, at any time after the initial penalty, the Director may choose to issue a notice of violation under Chapter 1.12 FMC, with the requisite civil penalty described in that chapter.

C. For those violations that are egregious nuisances that will materially impair a Director’s ability to secure compliance, or when the nuisance threatens the health or safety of the public, damages or impacts sensitive environmental areas, or if the Director determines that the costs of mitigating the impacts of a violation would otherwise be the responsibility of the City, or for any other reason the Director deems is warranted, the Director has the authority to bypass the initial penalty phase and instead, immediately issue a notice of violation per Chapter 1.12 FMC, with the requisite civil penalty described in that chapter.

D. At the Director’s discretion, any evidence of unlawful interference (tampering) with a water connection may be enforced under the provisions of FMC 9.05.120. Any illegal service reconnection after service has been terminated for failure to pay, or for any other reason, shall be subject to the enforcement actions herein.

E. In accordance with subsection (A) of this section, an initial penalty for tampering shall be assessed to the account of any person that turns on a water service without authorization after it has been shut off by the City. Upon further incidents of tampering, the Director shall cause the account to be assessed at twice the initial penalty for tampering for each additional occurrence or, in the alternative, may choose to proceed with the issuance of a notice of violation with the requisite civil penalty described in that chapter.

F. After any person has tampered in three consecutive occurrences, the City shall disable the water service in such a manner that there is a physical disconnection of the water service from the City water main. The account shall be charged a disabling fee for the cost to disconnect the service line. The fee shall include the total cost of labor, material, equipment and any administrative or overhead charges.

G. Nothing in this chapter shall prevent the Director from issuing a stop work or emergency order.

H. Violation and Penalty. In addition to the above remedies and at the discretion of the Director, any person, firm, corporation, association or other entity or agent thereof who violates the provisions of this title or fails to comply with any of the requirements of this title or of terms of any permits issued pursuant to this title may be guilty of a misdemeanor which may be punishable by a fine of not more than $500.00 or by imprisonment for not more than 90 days, or both. Each day such violation continues shall be considered a separate offense. If compliance cannot be attained through the assessment of penalties or through a notice of violation under Chapter 1.12 FMC, the Director has the discretion to refer the violator to the Prosecuting Attorney for further action. (Ord. 2253 § 1 (Exh. 1), 2024; Ord. 2175 § 1 (Att. A), 2021)