Chapter 13.20
WATER DEPARTMENT
Sections:
13.20.010 Definition of terms and duties of personnel.
13.20.020 Application for service.
13.20.045 Billing adjustments.
13.20.050 Consent for private connections.
13.20.060 Responsibility and service preference.
13.20.070 Transfer of service.
13.20.090 Discontinued water services.
13.20.100 Considered regular customer when.
13.20.120 Water main extension contracts.
13.20.140 Authority – Violation, penalty.
13.20.150 Tax addition schedule.
13.20.010 Definition of terms and duties of personnel.
(1) “City,” as used in this chapter, includes the mayor and the city council of the city of Forks and the municipal water department.
(2) “Water superintendent” means the official of the water department and such other personnel as the city council may authorize, appointed by the mayor to oversee the water department personnel and the operation and maintenance of the water system, making repairs of all kinds. Supervise construction of all extensions and additions and any construction work in connection with the present water system, and any new system that may be established. The superintendent shall, at all times, be subject to the direction and authority of, and answerable only to, the mayor and shall hold such appointment during the pleasure of the mayor. The above personnel shall receive such salary as the city council may determine. (Ord. 246 § 3, 1982)
13.20.020 Application for service.
(1) The city shall require a connection fee of $25.00 at the time of application for water service.
(2) For each service applied for, or a transfer within the water system, there shall be a service charge of $15.00, payable at the time of application for service. An application must be made, in writing, on a standard form at the office of the water department. The application shall set forth: (a) signature of the applicant; (b) owner of the premises to be served; (c) location of premises; (d) address of party paying bills.
(3) An application is merely a written request for service and does not, in itself, bind the city to serve. The city reserves the right to serve water upon any premises, regardless of classification, through either metered or flat rate service. (Ord. 353 §§ 2, 3, 1993; Ord. 294 § 1, 1987; Ord. 246 § 4, 1982)
13.20.030 Contracts.
(1) Upon acceptance, the application shall be considered a contract in which the applicant agrees to abide by such rates, rules and regulations as may be adopted by the city, and to pay all bills promptly.
(2) When a customer’s requirements for water are unusual, or necessitate considerable special or reserve equipment or special consideration, the city may require a contract over and above general application contracts, for an extended period and may also require security satisfactory to the city to protect the city against loss and guarantee the performance of the provisions of said contract. The city reserves the right to make special contracts, the provisions and conditions of which may be different from or have exceptions to the regular published schedules. Such special contracts shall be in writing and signed by the proper customer and the city.
(3) Except for special contracts, which specify the length of time to which the contract rate shall be extended, all rates, rules and regulations are subject to change or modification by the city without notice. (Ord. 246 § 5, 1982)
13.20.040 Water charges.
(1) All water services charged are due and payable on the tenth day of each calendar month. Whenever any charge for furnishing water to any customer shall not be paid within 30 days after the same becomes due and payable, the city of Forks, upon prior notice, shall discontinue service of water to such customer and water shall not again be furnished to such customer until all outstanding obligations for water supplied to such customer shall have been paid in full. Whenever disconnection is made for nonpayment of bills, the city of Forks will charge $25.00 for the cost of collection and reconnection.
(2) The word “notice,” as used above, shall mean sending a written notice by regular mail to the customer and/or posting the property supplied with water. If more than one residence is supplied by a meter, such as apartment houses or trailer parks, then the owner of the property as well as each tenant shall be notified by regular mail and/or posting the property and each living unit contained thereon. Notice shall be sent and/or posted for the benefit of a property owner no less than 15 days prior to the shutoff date. If the owner does not pay within five days of the effective date of notice, then each of any tenants upon the owner’s property shall be notified by regular mail and/or posting of that tenant’s living unit at least five days before the shutoff date and the property owner shall have to pay an additional $1.00 per tenant notified in addition to any amounts due for water service.
(3) If any customer disputes the amount of a bill the city shall provide that person with an opportunity to meet with a representative of the water department to resolve the dispute. If a meeting is requested by the customer pursuant to this section, then the customer’s water shall not be shutoff for nonpayment of a disputed bill for at least 10 days from the date of the meeting even if the shutoff is authorized at an earlier date pursuant to subsection (2) of this section.
(4) At the time specified by a customer that he expects to vacate the premises where service is supplied, or that he desires service to be discontinued, the meter will be read, turned off and a bill rendered, which is payable immediately. If the homeowner desires the water to be left on, a bill will be rendered to owner for minimum monthly charges.
(5) If, at the customer’s request, the water is turned on and off, or vice versa, more than once in a meter reading month, a minimum charge of $10.00 will be made for the labor involved.
(6) Each customer vacating any premises supplied with water service by the city will be responsible for all water supplied to the premises until the city shall have notice of such removal.
(7) Any landowner who has apartments on his property which consist of three or more units, obtaining service from one meter, shall be charged a surcharge of $2.00 per unit in addition to the minimum and meter charges, occupied or not.
(8) Any landowner who has mobile homes and/or trailers on his or her property consisting of three or more mobile homes and/or trailers placed at locations where they are capable of obtaining service from one meter shall be considered a trailer park or court and shall be charged a surcharge of $2.00 per mobile home or trailer in addition to the minimum and meter charges, whether or not such mobile homes and/or trailers are currently occupied. (Ord. 353 §§ 4, 5, 1993; Ord. 335 § 1, 1991; Ord. 294 § 2, 1987; Ord. 246 § 6, 1982)
13.20.045 Billing adjustments.
Pursuant to a policy approved by the city council, and subject to modification from time to time by the council, the director of public works, acting as the water superintendent, shall be authorized to approve or deny the adjustment of water billings when a request has been made by a customer following that customer’s repair of an outdoor water line that had been leaking. Further, pursuant to such a policy referenced herein, the director of public works may make only one billing adjustment during any five-year period when the requested adjustment is related to a repaired, substantially costly water leak occurring within a building associated with the customer water account for that building and/or parcel. (Ord. 578 § 1, 2010; Ord. 568 § 1, 2009)
13.20.050 Consent for private connections.
(1) It shall be a violation of these rules and regulations for any person or persons to attach to or detach from any water main or service pipe, or water connections through which water is supplied by the city of Forks. No person supplied with water from the city mains will be entitled to use it for any other purpose than stated in their original application, or supply in any way other persons, or premises, or to interfere in any manner with any pipe or connection without first making written application to the city.
(2) It shall be a violation of these rules and regulations for any person to use or tamper with any valve, curbstop, etc., which is the property of the city for the purpose of turning water on or off, without the express consent of the city. The city shall hold any person responsible for the cost of repairing any damage to any of the city’s property caused by such usage or tampering. The city requires every property owner to install his own valve in his own pipe for the control of service to his premises.
(3) It shall be a violation of these rules and regulations for any person, or persons to cut, alter, change, remove, disconnect or connect with or in any manner interfere, meddle or tamper with any fire hydrant owned or used by the city; provided, that the provisions of this section shall not apply to the city of Forks fire department, and/or street department. Other departments of the city may be allowed to connect to said fire hydrants, but before doing so must obtain consent from the water superintendent and must use a spanner or regulation wrench in connection therewith. (Ord. 246 § 7, 1982)
13.20.060 Responsibility and service preference.
(1) The city shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing or equipment, and the city may, without notice, discontinue service to any customer when a defective condition of plumbing or equipment upon the premises of the customer results, or is likely to result, in interference with proper service or is likely to cause contamination of the water. The city does not assume the duty of inspecting the customer’s lines, plumbing or equipment, and shall not be responsible therefor, and will not be liable for failure of customer to receive service on account of defective plumbing or apparatus on the customer’s premises.
(2) Should any meter fail to register correctly, or if a leak should be detected, the city may adjust the billing accordingly. Such adjustment shall be estimated by the city from a corresponding period. In the case of a leak, an adjustment will be made when the leak is detected. The city, however, will adjust only once for a leak and it is the property owners’ responsibility to fix the leak, as the city will adjust only one billing.
(3) The city will not permit any physical connection between a private water supply and the city’s distribution system or supply line.
(4) The city will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of water to the customer avoiding any shortage or interruption of delivery of the same. However, the city will not be liable for high or low pressure conditions, interruption or shortage or insufficiency of supply, or any loss or damage occasioned thereby. The city, whenever it shall find it necessary to make repairs or improvements to its system, shall have the right to suspend, temporarily, the delivery of water, but in all such cases, if possible, a reasonable notice will be given to customers, and repairs and improvements will be completed as rapidly as possible.
(5) The use of water upon the premises of the customer is at the risk of the customer, and the responsibility of the city shall cease 12 inches inside the customer’s side of the meter.
(6) In case of shortage of supply, the city reserves the right to give preference in the manner of furnishing service for the best interest of public convenience and necessity. (Ord. 246 § 8, 1982)
13.20.070 Transfer of service.
Owners of rental properties may file a “continuous service agreement” with the water department office, requesting that water service be transferred directly into the owner’s name, upon the water department receiving a removal notice under FMC 13.20.040 from a tenant. Automatic transfers will still be subject to the $15.00 service fee under FMC 13.20.020. Rental properties not covered by a “continuous service agreement” will be treated as any other property where a service removal has been filed and will be subject to the $25.00 connection fee under FMC 13.20.020, along with the $15.00 service fee under FMC 13.20.020. (Ord. 353 § 6, 1993)
13.20.080 New services.
All new water services will be required to purchase a water meter. Additional cost for labor and material will be required if the water main line does not border the resident’s property. (Ord. 381 § 5, 1994)
13.20.090 Discontinued water services.
If a service has been discontinued for any reason and the city of Forks cannot determine that a service has been at that location it will be considered a new service and all fees will apply. If the city of Forks can verify that a service was at that location then it will re-establish that service. The city of Forks will determine if a service existed by locating a meter box in the ground or having any record of an account for that location (meter book page or someone who may have signed for that location). The property owner will be responsible for protecting any unused services. If an unused service has been covered up the owner will be responsible for any costs incurred to re-establish this service. (Ord. 381 § 6, 1994)
13.20.100 Considered regular customer when.
Customers applying for water service after a meter reading day during any month will be considered a regular customer and will be billed on the first day of the second following month for water consumption and minimums. (Ord. 353 § 7, 1993)
13.20.110 Deposits.
Customer water deposits held by the city of Forks as of the effective date of the ordinance codified in this section shall be credited to the customer’s account unless the customer has had a disconnection for nonpayment of bills in the last six months. (Ord. 353 § 8, 1993)
13.20.120 Water main extension contracts.
In accordance with the Laws of the State of Washington of 1959, Chapter 261 and subsequent amendments (RCW 35.91.010 through 35.91.050), the city may from time to time, as it deems necessary and advisable, contract with owners of real estate for the construction of water mains, hydrants or appurtenances, hereinafter called “water facilities,” within the corporate limits of the city or within 10 miles of the corporate limits connecting with the public water system to serve the area in which real estate of such owners is located, and to provide for a period of not to exceed 15 years from the reimbursement of such owners and their assigns by any owner of real estate who did not contribute to the original cost of such water facilities, and who subsequently tap on to or use the same of the fair pro rata share of the cost of construction of said water facilities, including not only those directly connected thereto, but also users connected to laterals or branches connected thereto, subject to such reasonable rules and regulations as the city may provide or contract, notwithstanding the provisions of any other law. The provisions of such contract shall not be effective as to any owner of real estate not a party thereto unless such contract shall have been recorded in the office of the county auditor for Clallam County prior to the time such owner taps into or connects to said water facilities.
That in connection with the terms of the contract and the law enforcement thereof all of the terms of Chapter 261, Laws of 1959, as hereafter amended, shall apply. (Ord. 246 § 9, 1982)
13.20.130 Meters.
(1) After September 1, 1953, all premises or customers served by the city shall be metered. All meters will be owned, installed and maintained by the city, unless otherwise provided in special contracts and/or writing.
(2) Where a meter is used to measure the total water used, as in apartment houses, residential courts, water districts, etc., the city will not furnish or read auxiliary or submeters used for the customer’s convenience.
(3) The city will keep an accurate account of its meter reading books, which shall be offered at all times, places and courts as prima facia evidence of the use of water service by the customer, and shall be the basis on which all bills are calculated.
(4) The city will, upon request, test any customer’s meter, and where circumstances require, adjust for wrong charges. When a customer requests a meter test, a deposit of $10.00 to cover the cost of testing will be required of the customer. The amount deposited will be returned to the customer if the meter is found to overregister more than two percent under conditions of normal operation. The customer will have the right to require the test to be conducted in the presence of an expert or other representative appointed by him.
(5) All meters will be tested before installation and no meter will be placed in service or allowed to remain in service which is known to have a registration error in excess of two percent under normal conditions.
(6) Meters will be read monthly and bills rendered, based on total consumption.
(7) When making charges, all meters serving a customer’s premises will be considered separately and the readings will not be combined or split, except where the city, for operating necessity, elects to install two or more meters at a central location. These readings will be combined in making charges.
(8) Only one residence or business will be served by a meter.
(9) The location of the meter or meters must be a place satisfactory to the city before service will be supplied. Ordinarily meters will be installed outside of buildings and between the property line and curb. Where meters are at present or may be installed within a building, the city will not be held responsible for damage for seepage through the wall, nor from leaking meter, pipe or fittings.
(10) No rent or other charge shall be made by the customer against the city for placing or maintaining meters upon customer’s premises.
(11) If a meter under-registers due to tampering or piping or in any other way causing under registering, service may be discontinued and will not be reconnected until restitution has been made for the loss of revenue, and satisfactory assurance given that there will be no more tampering.
(12) Meter readings are to be averaged during any period when it is impossible or impracticable to read meters on regular reading date. (Ord. 626 § 1, 2016; Ord. 353 § 9, 1993; Ord. 246 § 10, 1982)
13.20.140 Authority – Violation, penalty.
(1) The city shall have authority to decide any questions which may arise and are not fully covered by any of the provisions of this chapter, and all decisions shall be final. The right is reserved by the city to amend or add to these rules and regulations as experience shows necessity or expediency.
(2) Any person violating any of the provisions of this chapter of the city shall be prosecuted as a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $500.00 or imprisonment, or both. (Ord. 246 § 11, 1982)
13.20.150 Tax addition schedule.
The amount of the total of any or all revenue, or other form of tax imposed by any federal or state taxing body upon the city, may be apportioned among the various different classes of service furnished therein, and shall constitute an additional charge to any amounts billed to any customer under any rate schedule or special contract covered by ordinances covering the city. (Ord. 246 § 12, 1982)