Chapter 13.08 SEWER SYSTEM*

Unless otherwise restricted or provided for in this chapter, the Kelso Engineering Design Manual, the current Standard Specifications for Municipal Public Works Construction, as prepared by the Washington State Department of Transportation, Criteria for Sewage Works Design by the State Department of Ecology, and the Uniform Plumbing Code are adopted as design and construction standards for the city sewage system. (Ord. 3678 § 1, 2008; Ord. 3057 § 55, 1986)

13.08.020 Definitions.

As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:

1. “Administrative authority” means the director of public works/city engineer of the city or his authorized deputy, agent or representative.

2. “Agreement” means all agreements for service, and special service made with any person, firm or corporation, or the authorized deputy or agent thereof.

3. “ANSI” means American National Standards Institute.

4. “Apartment” means any multiple-family dwelling having units with separate kitchen and plumbing facilities.

5. “Applicant” means any person, firm or corporation applying for sewer service or any other connection to the city sewer system.

6. “ASTM” means American Society for Testing and Materials.

7. “Biochemical oxygen demand (BOD)” means the quantity of oxygen, expressed in parts per million by weight, utilized in the biochemical oxidation of organic matter under standard laboratory conditions for five days at a temperature of twenty degrees Celsius. The laboratory determinations shall be made in accordance with procedures set forth in “Standard Methods.”

8. “Building department” means the building inspector of the city.

9. “Building drain” means that part of the lowest horizontal piping of a drainage system, which receives the discharge from soil, waste and other drainage pipes inside the walls of the building and conveys it to the side sewer, beginning three feet outside the inner face of the building wall.

10. “City” means the city of Kelso, Washington, a municipal corporation.

11. “City council” means the governing body of the city of Kelso, Washington.

12. “City engineer” means the person, firm or corporation designated by contract or condition of employment as the engineer of the city.

13. “City health officer” means the person or department designated with the responsibility to enforce and maintain health regulations of the city, county and state. In the absence of an employee of the city designated with the title of city health officer the title and responsibility shall be delegated to the Cowlitz-Whakiakum Health District.

14. “Commercial building” means all buildings or premises used for any purpose other than a dwelling unit, but not an industrial waste contributor.

15. “Commercial customer” means any nonresidential customer who engages in retail business or nonresidential customer who discharges waste not defined as industrial waste.

16. “Connection” means any physical connection to the city sewer system by any sewer service or any private sewer system or any pipeline extension.

17. “County” means Cowlitz County, Washington.

18. “Customer” means any person, business, property owner, sewer user or other entity separately billed by the city for the use or availability of public sewers.

19. “Department” means the water and sewer division of the city public works department.

20. “Director of public works” means the director of public works of the city or his designated representative.

21. “Domestic customer” means any residential customer whose sewage discharge consists of only sanitary wastes.

22. “Garbage” means solid wastes from the preparation, cooking and dispensing of food, and from the handling, storage and sale of produce.

23. “Industrial customer” means all sewer users which discharge an industrial waste.

24. “Industrial waste” means any flow discharged to the sewer facilities containing:

a. A total of more than fifty pounds of suspended solids in any one day;

b. A total of more than fifty pounds of BOD in any one day; or

c. Any flow discharged which in the judgment of the city engineer creates special problems of treatment or transmission to the city’s system.

25. “Multiple dwelling units” means duplexes, apartment buildings, condominiums, mobile home parks, trailer courts, multiple-unit commercial structures and other multiple-unit structures or buildings.

26. “Natural outlet” means any outlet into a watercourse, pond, ditch, lake or other body of surface water or groundwater.

27. “pH” means the logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

28. “Parts per million” means a weight-to-weight ratio; the parts per million value multiplied by the factor 8.345 shall be equivalent to pounds per million gallons of water.

29. “Person” means natural person (individual), corporation, company, association, partnership, firm, limited liability company, joint venture company or association, and other such entity.

30. “Premises” means any single piece of property to which sanitary sewer is provided including, but not limited to, all improvements, mobile structures and structures located on it.

31. “Properly shredded garbage” means the wastes from the preparation, cooking and dispensing of food that have been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one-half inch in any dimension.

32. “Property owner” means the owner of record of the real property or lessor or other person that has been designated responsible by the owner or lessor.

33. “Public sewer” means the common sewer and the lateral that is part of a drainage system that extends from the wye or tee branch located at the common sewer to the point of connection with the side sewer located at the boundary of the public sewer easement or right-of-way.

34. “Public works director” means the public works director of the city or his designate.

35. “Sanitary sewer” means a sewer that conveys sewage or industrial wastes, or a combination of both, and into which stormwater, surface water and groundwaters or unpolluted industrial wastes are not intentionally admitted.

36. “Service charges” means fees, costs, rates and charges for sewer services as provided by city resolution.

37. “Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions and industrial establishments, together with such groundwater, surface water, and stormwater as may be present.

38. “Sewage treatment plant” means an assemblage of devices, structures and equipment for treating sewage and industrial waste.

39. “Sewer” means a pipe or conduit for conveying sewage or any other waste liquids, including stormwater, surface water, and groundwater drainage.

40. “Sewage system” means the system of sewers and appurtenances for the collection, transportation and pumping of sewage and industrial wastes.

41. Shall and May. “Shall” is mandatory; “may” is permissive.

42. “Side sewer” means the lateral that is part of the horizontal piping system that extends from the building drain to the point of connection with the public sewer located at the boundary of the public sewer easement or right-of-way.

43. “Standard Methods” means the examination and analytical procedures set forth in the most recent edition of “Standard Methods for the Examination of Water, Sewage, and Industrial Wastes,” published jointly by the American Public Health Association, the American Water Works Association and the Federation of Sewage and Industrial Wastes Associations.

44. “Storm sewer” means a sewer that carries stormwater, surface water, and groundwater drainage, but excludes sewage and industrial wastes.

45. “Stormwater runoff” means that portion of the rainfall that is drained into the storm sewers.

46. “Suspended solids” means solids that either float on the surface of or are in suspension in water, sewage or other liquids; and which are removable by laboratory filtering.

47. “System” means all treatment facilities, collection lines, transmission lines, pumping plants and appurtenances.

48. “System, private” means a sewer system, or pipelines and appurtenances, pumping facilities, treatment facilities, or any combination thereof that are owned by other than the city.

49. “Treasurer” means the finance director of the city.

50. “Unpolluted water or liquids” means any water or liquid containing none of the following: emulsified grease or oil; acids or alkalies; substances that may impart taste-and-odor or color characteristics; toxic or poisonous substances in suspension, colloidal state or solution; or odorous or otherwise obnoxious gases. It shall contain not more than thirty parts per million each of suspended solids or biochemical oxygen demand. Analytical determinations shall be made in accordance with procedures set forth in “Standard Methods.”

51. “Watercourse” means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 3678 § 1, 2008; Ord. 3110 § 1, 1989; Ord. 3057 § 1, 1986)

13.08.030 Discharge of objectionable material prohibited.

It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner upon public or private property within the city, or in any area under the jurisdiction of the city, any human excrement, garbage or other objectionable waste. (Ord. 3678 § 1, 2008; Ord. 3057 § 2, 1986)

13.08.040 Mandatory drain and sewer connections.

The city health officer shall have the power in all cases, where there is a public sewer in any street or alley, to cause any owners of land upon or adjoining such street or alley, his agent or tenant, to make a sufficient drain and proper sewer connections from his or her house, yard or lot, closet and premises whenever in his opinion the same is necessary, and he shall thereupon give each owner, agent or tenant, or person occupying such premises not less than five days’ notice in writing specifying the time when such drain or sewer connections must be complete, and if the owner, agent or tenant neglects to complete the same within the time specified, and in addition to the penalties imposed for the violation of any of the provisions of this chapter, the director of public works shall cause it to be done and shall recover the whole amount of expense thereof together with ten percent additional as a penalty by an action in the name of the city before any court having jurisdiction thereof, from such owners or persons occupying such premises, who shall be severally and jointly liable thereof. And the same shall constitute a lien on the premises and may be foreclosed as provided by law. (Ord. 3678 § 1, 2008; Ord. 3057 § 4, 1986)

13.08.050 Installation and connection of toilet facilities required.

The owner of all houses, buildings or properties used for human occupancy, employment, recreation or other purpose, situated within the city, and abutting on any street, alley or right-of-way in which there is now located or may in the future be located a public sanitary sewer of the city, is required at his expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter; provided, that such public sewer is within two hundred feet of the property line. (Ord. 3678 § 1, 2008; Ord. 3057 § 3, 1986)

13.08.060 Connection—General requirements—Application.

A. Any person desiring sewer service for any premise shall make application therefor at the City Hall. The application shall be made on a printed form furnished by the city for that purpose.

B. After the application has been approved by the director of public works, the applicant shall pay to the city, at City Hall, all the charges provided in this chapter and as required in this chapter. When all service charges have been paid, the approved application shall constitute an agreement whereby the applicant agrees, as a condition for the continued sewer service, to conform to rules and regulations of the department as provided in this chapter and any amendment to this chapter, and the agreement stated in the application. The application for sewer service will contain an agreement requiring the person making the same to pay for the sewer service applied for at the rates and in the manner specified by city ordinances; reserving unto the city the right to charge and collect the rates and to enforce the penalties provided in city ordinances and to change the rates by ordinance at any time; allowing the city to temporarily discontinue the service at any time without notice to the customer and specifying that such agreement is subject to all provisions of this chapter or of any ordinance of the city relating to any public sewer system of the city. The agreement shall provide that the city shall not be responsible for any damage by sewage or other cause resulting from defective plumbing or appliances on the premises being supplied with sewer service, and shall provide that in the event the sewer service shall be interrupted or fail by reason of accident or any other cause whatsoever the city shall not be liable for damages for such interruption or failure nor shall failures or interruptions for any reasonable period of time be held to constitute a breach of agreement on the part of the city or in any way relieve the customer from performing the obligations of his agreement. The city shall not be held liable for damage to personal property stored in the portion of the street between the curb and the property line nor to real property in the area resulting from leakage or the breaking of pipes or appliances maintained by the property owner within that portion of the street described in this chapter. All agreements contained in the application shall take effect from the date the application is approved by the director of public works. If for any reason the application has not been approved, the director of public works shall explain the reason for disapproval in writing at the request of the applicant, and no conditions or agreements shall be in effect. If the director of public works disapproves the application, the applicant may request the city manager to review the application and reasons for disapproval. The city manager may, at his discretion, approve, reverse or revise the decision of the director of public works, subject to review by the city council of the city. Service charges shall be in effect as long as the sewer service is in an active status.

C. Applicants for sewer service for industrial or commercial establishments shall be required to have an approved water meter installed if such meter is not already installed. Such meters shall be used by the city to determine sewer use charges.

D. Applicants desiring to make a new connection to the public sewer for the purpose of discharging industrial wastes shall prepare and file with the director of public works a report that shall include actual or predicted data relating to the quantity and characteristics of the waste to be discharged and such other information as the public works director may require. (Ord. 3678 § 1, 2008; Ord. 3057 § 8, 1986)

13.08.070 Connections within public rights-of-way—Permit required.

Where work or excavation is required within a public right-of-way, a right-of-way permit shall be required. Where such work or excavation is required within the corporate limits of the city the right-of-way permit shall be issued by the public works director of the city; where such work or excavation is required outside the corporate limits of the city, the right-of-way permit shall be issued by the county, or other jurisdiction as may be applicable. A right-of-way permit shall be obtained for such work prior to issuance of a side sewer permit by the city. (Ord. 3678 § 1, 2008; Ord. 3057 § 13, 1986)

13.08.080 Sewer main extension.

All sewer main extensions shall be in accordance with the Kelso Engineering Design Manual. (Ord. 3678 § 1, 2008; Ord. 3057 § 52, 1986)

13.08.095 Sewer transmission facilities—Capital recovery charge/sewer system.

A. Property with the city’s sewer utility service area not previously assessed for sewer system improvements making service available to their property, whether such improvements are being constructed as an extension of service through an undeveloped area or as a replacement due to obsolescence, inadequacy or deterioration, shall pay a capital recovery charge as a condition to connection to the city’s sewer system. The capital recovery charge shall be determined by a method conforming to the criteria set forth in RCW 35.92.025.

Said charges shall be reviewed annually and incorporated into an ordinance, together with any other adjustments made in charges connected to the sewer system. Such capital recovery shall be in addition to any and all connection charges provided for such service by ordinance.

B. Payment of Capital Recovery Charge. Whenever provision is made throughout this chapter for the payment by any property owner of a capital recovery charge for sewer system improvements, such capital recovery charge may be paid in cash or in annual installments over a five-year period from the date of connection. If any property owner elects to make payments on said annual basis, he shall execute a contract in such form as shall be prescribed by the city council, which contract shall contain the provision that any unpaid balance may be paid in full on the date of any annual payment and the further provision that interest shall be paid on the deferred balances at the rate of ten percent per year. The specific terms of the contract shall be approved by the city manager. Such contracts shall be made a covenant running with the land and shall provide that the unpaid balances shall be a lien upon the property to which such connection is made, superior to all other liens and encumbrances except those for general taxes and special assessments, which may be foreclosed in the same manner provided by law for the foreclosure of delinquent local improvement district liens. The contract shall be recorded in the office of the county auditor at the expense of the property owner and, upon payment in full, a release of the said lien shall be executed by the city manager and attested by the city clerk. Such contract shall further provide that in the event of delinquency in the payment of any installment thereunder, the public works director, or his employees, may disconnect the city’s sewer service from and refuse to supply sewer service to the premises in default until said delinquent payments are paid in full. This remedy to be concurrent with and in addition to the city’s right to foreclose said lien as herein provided.

C. The director of public works is authorized to promulgate guidelines for standard operating procedures to be utilized in administering the capital recovery charges. Such guidelines and any future changes shall be submitted to the council for approval, which action shall be by motion duly passed.

D. Appeals. In the event a person disputes the assessment which city staff proposes to impose as a condition to connecting to the city’s water or sewer facilities, said aggrieved party may appeal such proposed assessment to the city council, provided written notice of appeal is filed with the city clerk no more than fourteen days from the date of notification of such proposed assessment.

The scope of such appeal shall be limited to questions of calculation of the proposed assessment at the rates set forth within the ordinance. Said rates shall not be subject to review upon appeal, nor may assessments be waived by the city council in conjunction with any such appeal.

E. In addition to the capital recovery charge, each applicant shall pay a system development charge pursuant to the requirements of the Cowlitz sewer operating board as set forth in Resolution 98-66 of that body as said resolution now exists or is hereafter amended. In the event such charges exceed thirty thousand dollars, payment may be deferred for up to ten years in the manner, in the amounts, and in accordance with the schedule of payments set forth in the cited resolution. (Ord. 3678 § 1, 2008; Ord. 3416 § 1, 1999; Ord. 3277 §§ 2 — 4, 1995; Ord. 3152 §§ 2, 3, 1991; Ord. 3107 § 2, 1989)

13.08.100 Sewer main extension—Inspection and testing.

The person requesting the main extension shall be responsible for all costs of installation. The person requesting the main extension shall also be charged a fee to pay the costs of the inspection performed by the department personnel. The amount of the fee for inspections shall be determined after assessing the entire project. (Ord. 3678 § 1, 2008; Ord. 3057 § 54, 1986)

13.08.120 Private system—Allowed when.

Where a public sanitary sewer is not available under the provisions of Section 13.08.040 of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the permit and provisions of the Cowlitz County building department. (Ord. 3678 § 1, 2008; Ord. 3057 § 5, 1986)

13.08.130 Private system—Operating requirements.

The owner shall operate and maintain the private sewage disposal facilities in a manner consistent with the policies, regulations and requirements of the Cowlitz County building department. (Ord. 3678 § 1, 2008; Ord. 3057 § 6, 1986)

13.08.140 Private system—Abandonment required when public service available.

At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 13.08.120 of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools and similar private sewage disposal facilities shall be abandoned and filled with suitable material within thirty days of such connection. Sewer service shall be deemed available at such time as a public sewer is within two hundred feet of the property to be served. (Ord. 3678 § 1, 2008; Ord. 3057 § 7, 1986)

13.08.155 Side sewer—Responsibility for costs.

A. All costs and expenses incident to the installation, connection, operation, and maintenance of the entire side sewer shall be borne by the owner of the premises served by the side sewer. The owner of the premises shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation or repair of the side sewer. When the city has occasion to maintain a side sewer in order to protect the public sewer, preserve general public health and safety or because of damage directly or indirectly caused by the owner of the premises served by a side sewer or caused by an act or omission of said owner, the cost for such maintenance shall be charged to said owner. Any costs so charged and not paid within thirty days within the date of billing thereof shall constitute a lien against the property served by the side sewer.

B. Whenever upon inspection the building side sewer is found to be defective, notice shall be given to the property owner. Such notice shall be personally served upon the individual or alternatively served by mail at the premises or the place where property tax assessments are mailed. Notice shall also be served upon any tenant of the building if occupied by a person other than the owner. Upon such notice, it shall be the property owner’s obligation to replace or repair the defective side sewer up to the right-of-way line within sixty days of such notice, except as set forth in subsection C of this section. The city shall repair or replace the defective side sewer from the right-of-way line to the city’s sewer main. For the purposes of this section, a “defective side sewer” is defined to mean a side sewer that fails to pass the testing procedures for sanitary sewers as set forth in Section 13.08.100. There shall be a presumption that any side sewer in service for more than twenty years is defective and should be replaced. In the event the city directs the property owner to replace the side sewer based on this presumption, the owner may elect to require the city to perform further tests to verify the defective condition. Where such further tests establish the defective condition, the city shall bill the property owner for the cost of such tests as an additional sewer utility assessment. Should the testing show the side sewer not to be defective, the city shall bear the cost of the testing. Any such defective side sewer not replaced within sixty days from notice thereof shall be disconnected from the city’s public sewer; provided, however, five days’ advance notice shall be given of any such disconnection.

C. In the event a side sewer poses an imminent public health and safety concern, the city may shorten the time required for notice and may require that the repairs be performed immediately. (Ord. 3891 § 1, 2017; Ord. 3768 § 2, 2012)

13.08.170 Side sewer—Permit required.

No person shall uncover, make any connections with or opening into, use, alter or disturb the public sewer or appurtenance thereof, or engage in the construction of a side sewer, either on private property or within public right-of-way, without first obtaining a side sewer permit from the public works department, in which the specific purpose shall be delineated. A side sewer permit will be required for each individual structure to be connected. Application for a side sewer permit, for the purpose of making connection to, or opening into, altering or disturbing the public sewer or appurtenance thereof, or engaging in the construction of a side sewer, shall be made by the owner of the property to be serviced, or a qualified plumbing contractor licensed and bonded by the State Department of Labor and Industries. No licensed plumbing contractor shall do any side sewer work under any other person’s side sewer permit, nor shall any unauthorized person do any side sewer work under a side sewer permit applied for and issued to a licensed plumbing contractor or the owner of the property where such side sewer work is to be performed except as may be otherwise authorized by the director of public works. The issuance of a side sewer permit by the city shall contact other utilities for location of their facilities before starting excavation. When a side sewer is to be installed across the private property of another person, the applicant requesting the side sewer permit must show proof to the director of public works that a duly executed easement has been obtained from other such property owner and officially recorded. (Ord. 3678 § 1, 2008; Ord. 3057 § 12, 1986)

13.08.270 Testing requests—Fees.

It shall be the duty of the person installing the side sewer as authorized by the permit to notify the director of public works orally or in writing that such side sewer is ready for inspection. A minimum of twenty-four hours is required after such notification before actual inspection may take place. No inspection will be made on Saturday, Sunday or holidays, or between the hours of 4:00 p.m. and 8:00 a.m. Fees shall be as set forth by council resolution. (Ord. 3678 § 1, 2008; Ord. 3057 § 23, 1986)

13.08.280 Notices of violation or correction.

A. It shall be the duty of the holder of a permit to make sure that the work will pass inspection by performing the test required by the public works director before giving notification for inspection. If an additional inspection is necessary due to test failure, a charge shall be imposed as set forth in a schedule of rates and charges adopted by the city council.

B. Notices of correction or violations shall be written by the director of public works and may be posted at the site of the work or mailed or delivered to the permittee or his authorized representative.

C. Refusal, failure or neglect to comply with any such notice or order within ten days after receipt thereof shall be considered a violation of this chapter and shall be subject of the penalties for violations set forth elsewhere in this chapter. (Ord. 3678 § 1, 2008; Ord. 3057 § 24, 1986)

13.08.290 Backfilling.

Minimum cover restrictions shall not apply when the depth of the public sewer does not allow the minimum cover restrictions to be followed, providing that approval of the director of public works has been obtained. (Ord. 3678 § 1, 2008; Ord. 3057 § 25, 1986)

13.08.300 Certain water discharged into sewer prohibited.

No person shall discharge or cause to be discharged any stormwater, surface water, groundwater, roof runoff, subsurface drainage, cooling or unpolluted industrial process waters to any sanitary sewer. (Ord. 3678 § 1, 2008; Ord. 3057 § 26, 1986)

13.08.315 TRRWA discharge and industrial pretreatment regulations—Adopted by reference.

That certain document titled “Three Rivers Regional Wastewater Authority Discharge and Industrial Pretreatment Policy,” the effective date of which is June 19, 2012, is hereby adopted as the official rules and regulations of the city of Kelso setting forth industrial pretreatment requirements and regulations for discharges into the city’s wastewater system. (Ord. 3768 § 1, 2012)

13.08.350 Discharge of unpolluted drainage.

A. Stormwater and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers, or to a natural outlet approved by the city engineer.

B. Industrial cooling water or unpolluted process waters may be discharged, upon approval of the director of public works, to a storm sewer or natural outlet. (Ord. 3678 § 1, 2008; Ord. 3057 § 27, 1986)

13.08.360 Discharge into public sewers— Authorized when.

Review and acceptance of the public works director shall be obtained prior to the discharge into public sewers of any waters or wastes having or containing:

A. A total of more than thirty pounds of suspended solids in any one day;

B. A total of more than thirty pounds of BOD in any one day;

C. A five-day biochemical oxygen demand greater than three hundred parts per million by weight;

D. More than three hundred fifty parts per million by weight of suspended solids;

E. Any quantity of substances that have characteristics that are prohibited from discharge in accordance with any of the sections of this chapter;

F. An average daily flow greater than two percent of the normal daily dry weather sewage flow as determined by the director of public works. (Ord. 3678 § 1, 2008; Ord. 3057 § 29, 1986)

13.08.370 Installation of manholes—Required when.

The manhole shall be installed by the owner at his expense, and shall be maintained by him so as to be safe and accessible at all times. (Ord. 3678 § 1, 2008; Ord. 3057 § 33, 1986)

13.08.390 Connection fees—Designated.

For connections to the sanitary sewage collection system within the city limits, there shall be charged a connection fee in a sum as provided by council resolution. For connection to the sanitary sewer collection system outside the city limits, there shall be a connection or hookup charge as provided by council resolution. (Ord. 3678 § 1, 2008; Ord. 3057 § 45, 1986)

13.08.395 Sewer rates—Schedule of charges.

The bimonthly charges for sanitary sewer collection and treatment service shall be established by ordinance of the city council. (Ord. 3879 § 2, 2016; Ord. 3678 § 1, 2008; Ord. 3129 § 2, 1990; prior code § 11.08.020)

13.08.400 Billing and payment procedures.

In accordance with city policy, payment is due on the tenth day of the month following the due date indicated on the utility bill. Sewer statements for residential customers will be mailed to customers on a bimonthly basis. Sewer statements for commercial and industrial customers will be mailed to those customers on a monthly basis. All statements are to be paid either by mail or in person to the city at City Hall. All accounts for sewer shall be kept only in the name of the owner of the premises receiving sewer service. The property owner shall have the right to have statements for service charges mailed to a tenant, lessee or agent, but such mailing shall not relieve the property owner for liability of payment for charges incurred. (Ord. 3678 § 1, 2008; Ord. 3057 § 46, 1986)

13.08.403 Senior citizen’s reduction.

A. Senior citizens occupying residential dwellings shall be eligible for a reduction of the water/sewer portion of their utility bill of four dollars per billing period, provided they apply and are qualified for such a reduction pursuant to the authority contained in RCW 74.38.070 as a low income senior citizen.

B. For purposes of implementing this section, “low-income senior citizen” means a person who is sixty-two years of age or older and whose total income, including that of his or her spouse or cotenant, does not exceed the amount specified in RCW 84.36.381(5) as it now exists or is hereafter amended.

C. Further, for purposes of implementing this section, the definitions of “combined disposable income,” “income,” “disposable income” and “co-tenant” shall be as defined in RCW 84.36.383(5), (6) and (7) as they now exist or are hereafter amended. (Ord. 3678 § 1, 2008; Ord. 3129 § 3, 1990; prior code § 11.08.020)

13.08.407 Rates outside city boundaries.

The rate for sewer service to individual accounts located outside the city boundaries shall be one and one-half times the city rate. (Ord. 3678 § 1, 2008; Ord. 3129 § 4, 1990)

13.08.410 Delinquent charges—Discontinuance of service.

In the event of failure to pay sewer service charges after they become delinquent, or failure to have flow or sampling devices in proper operating condition for more than one week, the city shall have the right to remove or close sewer connections, and enter upon the property for accomplishing such purposes. The expense of such removal, or closing, as well as the expense of restoring service, shall likewise be a debt due to the city and a lien upon the property and may be recovered by civil action in the name of the city against the property owner, the person, or both. (Ord. 3678 § 1, 2008; Ord. 3057 § 49, 1986)

13.08.420 Deposit—Change of address—Delinquency.

A. Failure to receive mail will not be recognized as a valid excuse for failure to pay charges due. Notice of change in ownership must be given in writing by the property owner or his agent to the city.

B. The director of public works may require an advance or satisfactory security for sewer service to be furnished, and if such payment is not made or security furnished within the time fixed by the director of public works, sewer service may be discontinued to premises. (Ord. 3678 § 1, 2008; Ord. 3057 § 48, 1986)

13.08.430 Delinquency—Assessment of liens.

All sewer rates shall be charged against the premises for which the service was installed. Any and all charges provided for, when the same become delinquent and unpaid, shall constitute a lien against the premises to which the same has been furnished. Enforcement of a lien and collection of a lien shall include, but not be limited to, the right to stop service and deny service thereafter to any and all owners and/or occupants of the premises until the charges for service and/or other charges have been paid in full. Such lien shall include the delinquent charges and such customer shall be responsible for all costs incurred by the city, including reasonable attorney’s fees for preparing the lien, and the fee for recording the lien; provided, however, the following provisions shall apply in the case of residential tenants occupying rental dwellings:

A. The city will only terminate or refuse to provide or reinstate sewer service to a residential tenant occupying a rented dwelling when:

1. The sewer bill was incurred by a current occupant; or

2. The dwelling is vacant.

When a rented dwelling is occupied by a tenant who has opened an account in his/her own name, no termination, no threat of termination or refusal to provide or reinstate sewer service will occur because of the nonpayment of a bill for sewer utility services if the bill is the obligation of the tenant’s landlord or the obligation of a prior occupant of the premises not currently residing therein; provided, however, that the term “threat of termination” shall not include the notices authorized by this section or policy of the city.

B. When a rented dwelling for which a delinquent sewer bill is owed is occupied by a tenant, but the utility account is in the landlord’s name, no termination will occur unless the tenant is first provided an opportunity to place the account in his or her own name without incurring any liability for the landlord’s delinquent bill. When a rented dwelling for which a sewer bill is owed is occupied by a tenant and the delinquent bill was in the name of, and incurred by, a prior tenant no longer occupying the dwelling, no termination or refusal to provide or reinstate sewer service will occur until the current tenant is first provided the opportunity to have the account placed in his or her own name without liability for the delinquent bill. The current tenant must make application in person at the city’s finance department during normal office hours to complete any forms required by the finance department in order to place service in his/her name.

C. If service is terminated before the tenant has exercised the right provided for in the preceding section to have the account placed in his or her own name, the tenant can have sewer restored without liability for the delinquent bill by applying to place the account in his or her own name for future service, as provided by this section, and by paying the usual reconnect charges.

D. The city finance department will not take any action which encourages or permits, whether by regulation, informal policy or oral statement, the termination of sewer services to residential tenants occupying single-family units or individually metered multifamily units because a prior occupant of the residence owes an unpaid bill or where the tenant’s landlord has contracted for sewer service to the dwelling and the account is delinquent, unless the following procedures are complied with:

1. If payment on a sewer utility account has not been received by the twenty-fifth day after the bill date, the finance department will send or mail a shut-off notice to the service address, and to the address (if any) listed in the department’s file. If payment is sent by mail, it shall be deemed received on the date of the postmark. This notice will advise that payment is past due and will alert interested parties that service will be terminated in three business days from the date the notice was mailed unless payment is received or arrangements acceptable to the city have been made. A statement describing tenants’ rights as provided herein will be printed on the back of the shut-off notice and will be referred to on the face of the shut-off notice;

2. If payment on a sewer utility account has not been received by the twenty-fifth day plus three business days after the bill date, a city representative will physically deliver to the service address or will post at the service address door a twenty-four-hour disconnection notice. Such notice shall advise that the account is past due and that service will be terminated not less than twenty-four hours after such delivery or posting of the notice unless payment is made or other arrangements satisfactory to the city have been made with the city’s finance department. A statement describing tenant’s rights will be printed on the back of the disconnection notice also;

3. The statement of tenant’s rights included with the shut-off notice and printed on the disconnection notice shall be substantially in the following form:

NOTICE OF TENANT’S RIGHTS

If you are a tenant residing at the service address and sewer is presently being delivered to your home: You are not responsible for sewer bills incurred by a previous tenant who moved out before you moved in and you also are not responsible for water and sewer utility bills that are your landlord’s responsibility.

If this bill is the obligation of a prior tenant or your landlord, you have the right to obtain continued sewer services by contacting the Finance Department and having the account placed in your name. If you do place the account in your own name, services will not be disconnected because of an unpaid bill for which you are not responsible. You will only be responsible for future bills coming due during your tenancy.

To place service in your own name you must go the City Finance Department, and make application in person for continued service during normal working hours (9 to 5). You will be required to present personal identification and your current written rental agreement, if you have one. You also will be required to identify your landlord and his current address.

If service is disconnected before you have contacted the Finance Department, you can have the service turned back on if you place the account in your name. However, a reconnection fee will be charged before service is restored. If you do put the account in your name, you will only be responsible for future bills.

You have the right to appeal the decision of the Finance Department relating to responsibility for past due utility bills or the right to have service placed in your own name. Utility service will not be disconnected during the appeal process.

E. If a tenant elects to contract for future sewer service under the preceding sections he or she must agree to pay appropriate deposit fees, reconnection charges if service has been terminated before the tenant has exercised the right to have the account placed in his or her name, and all future utility bills coming due during his or her occupancy of the premises. Application must be made in person at the finance department during normal working hours (9:00 a.m. to 5:00 p.m.).

F. In the event more than one apartment unit is served by a single meter, one or more of the tenants or a tenants’ association shall be required to put the account in their name and assume payment responsibility in order to keep the service from being shut off, or to get service restored. All notices required by preceding sections will also give notice of the finance department’s customer appeal process. A tenant may request a hearing under this customer process if the tenant has a dispute with the city regarding the application of this section. A notice of said appeal shall be made in writing to the city clerk describing the basis for the appeal no more than ten days after the person is aware of the matter which forms the basis for the appeal. Thereafter, an appeal meeting shall be scheduled by the city clerk within twenty business days. The appeal board shall consist of the city manager, city clerk and public works director.

G. Nothing set forth herein shall be construed to limit the city’s rights to proceed either by judicial process or by the remedies prescribed by RCW 35.21.290 and 35.21.300 to the extent that such actions do not interfere with tenant’s rights as provided herein. A “tenant” is any person who is entitled to occupy a dwelling unit primarily for living or dwelling purposes under a rental agreement.

H. In cases where the occupant of the premises moves to another location within the system and applies for sewer service at the new location, services may be denied at such location until and unless any statement for service against the first location is fully paid.

I. If any such charges are not paid, the city may record a lien at the office of the county auditor against the property for which the service was installed. (Ord. 3678 § 1, 2008; Ord. 3223 § 1, 1993; Ord. 3057 § 47, 1986)

13.08.440 Delinquency—Restoration of service.

Sewer service shall not be restored until all charges, including the expense of removal, closing and restoration, shall have been paid. (Ord. 3678 § 1, 2008; Ord. 3057 § 50, 1986)

13.08.450 Delinquency—Change of ownership.

Change of ownership or occupancy of premises found delinquent shall not be cause for reducing or eliminating these penalties. (Ord. 3678 § 1, 2008; Ord. 3057 § 51, 1986)

13.08.460 Emergency interruption of service.

A. In the event of emergency or whenever the public health, safety or the equitable distribution of water so demands, the director of public works may authorize the city to change, reduce, alter or limit the time for or temporarily discontinue sewer service. Sewer service may be temporarily interrupted for purposes of making repairs, extensions or doing other necessary work.

B. Before so changing, reducing, limiting or interrupting the sewer service, the city shall notify, insofar as practical, all sewer consumers affected. The city shall not be responsible for any damage resulting from interruption, change or failure of the sewer system.

C. In addition, the city makes no commitment as to the continuity of service; and will not be liable for injuries or damage due to interruption of service. (Ord. 3678 § 1, 2008; Ord. 3057 § 40, 1986)

13.08.470 Right to terminate sewer service.

A. The city reserves the right to terminate sewer service for any residence or commercial or industrial customer where it is determined by the city that the waste being discharged:

1. Is causing operational problems with the sewer collection system, lift station and/or sewage treatment plant;

2. Is in some way damaging pipelines, manholes, lift stations or equipment and/or machinery at the sewage treatment plant;

3. Is causing health or safety problems either with city sewer department personnel or other persons.

B. Termination of such sewer service shall be in effect until it is determined by the director of public works that any and all problems have been corrected and some action or other steps have been taken to prevent their recurrence. (Ord. 3678 § 1, 2008; Ord. 3057 § 41, 1986)

13.08.480 Disconnection of service—Condemned building.

Whenever a premises provided with sewer service has been found by the proper authorities to be dangerous to human life and/or unfit for human habitation and notice of such findings has been provided to the director of public works by such authorities, the director of public works shall require the owner of such premises to disconnect the side sewer that was serving such abated building from the public sewer and use an approved plug or other device or fitting that will eliminate any ground or surface water, dirt or any other object from entering the sewer from the point of disconnection. It is the responsibility of the owner to notify the director of public works when such disconnection has been properly made so it can be inspected before backfilling occurs. (Ord. 3678 § 1, 2008; Ord. 3057 § 37, 1986)

13.08.490 Construction work in streets.

All persons, firms, corporations and governmental agencies and their contractors, performing street work that may interfere, conflict, affect or endanger the sewer system of the city shall give the city engineer not less than two working days’ advance written notice prior to commencing work. (Ord. 3678 § 1, 2008; Ord. 3057 § 42, 1986)

13.08.500 Service calls.

Service calls for any reason including but not limited to complaints, leaks, blockages or other problems due to trouble in lines not owned by the city or problems in the lines or mechanical devices owned by the city caused by problems or conditions in the private lines or lines owned other than by the city shall be charged to the customer requesting the call at the appropriate rate as set forth in the city’s schedule of rates approved by the city council. The amount charged for the service call shall be billed to the customer as a separate charge and shall be due and payable within seven days after the date of the bill. (Ord. 3678 § 1, 2008; Ord. 3057 § 36, 1986)

13.08.510 Periodic inspections.

The director of public works shall conduct periodic inspections of the sewer system. The director of public works shall, from time to time, suggest rules and regulations deemed necessary by him to the city council to protect or augment the operation of the sewer system. (Ord. 3678 § 1, 2008; Ord. 3057 § 44, 1986)

13.08.520 Access for inspection.

The city engineer and/or a representative of the regional waste treatment facility or official of the city shall be permitted to enter upon all properties for the purpose of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter. (Ord. 3678 § 1, 2008; Ord. 3057 § 35, 1986)

13.08.530 Damaging sewer system—Liability.

Any person causing damage to any property belonging to the city shall be liable to the city for any and all damages resulting either directly or indirectly therefrom. (Ord. 3678 § 1, 2008; Ord. 3057 § 38, 1986)

13.08.540 Tampering or interfering with system unlawful.

No person shall disturb, break, deface, damage or trespass upon any property belonging to or connected with the sewer system of the city in any manner whatsoever. No person shall store, maintain or keep any goods, merchandise, materials or rubbish within a distance of five feet or to interfere with the access or operation of any manhole, lift station or any other equipment or facility of the sewer system. (Ord. 3678 § 1, 2008; Ord. 3057 § 39, 1986)

13.08.550 Additional requirements.

No statement contained in this chapter shall be construed to interfere with any additional requirement that may be imposed by the state, the Cowlitz County building department or other authorized regulatory agency. (Ord. 3678 § 1, 2008; Ord. 3057 § 11, 1986)

13.08.560 Violation—Penalty.

Any person wilfully violating any of the provisions of this chapter is guilty of a misdemeanor. Any person found guilty of such violation shall be fined a sum not to exceed five hundred dollars. (Ord. 3678 § 1, 2008; Ord. 3057 § 57, 1986)