Chapter 13.04 WATER UTILITY AND WATER DISTRIBUTION SYSTEM

In accordance with the city’s objective of providing the best possible service at the lowest possible cost consistent with sound business principles, it is the intent and purpose of this chapter to ensure that the water system operates in a safe and efficient manner, that the total revenue of the water utility will ensure that it is self-supporting, and that all water customers receive uniform and equitable consideration. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 1, 1990.]

13.04.020 Scope.

These service regulations are a part of all oral or written contracts for furnishing and receiving water service. Copies shall be available upon request at the clerk-treasurer’s office located in the Leavenworth City Hall, during regular business hours of 9:00 a.m. to 4:00 p.m. on normal workdays (Monday through Friday, except holidays). [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 3, 1990.]

13.04.030 Definitions.

For the purpose of this chapter, the words set out in this section shall have the following meanings:

“City” means the city of Leavenworth.

“Community water line” means a privately owned and maintained water distribution line network, connected to a city water main with the approval of the city.

“Customer” means any individual, firm or organization who receives water service and is responsible for paying the bill under one or more rate classifications, contracts or schedules.

“Department” means the city public works department.

“Domestic service” means an approved connection to a city water main, consisting of a water service tap and a service lateral, intended for the full range of uses, including both inside plumbed uses and outside watering use.

“Fire service” means an approved connection to a city water main, consisting of a water service tap and a service lateral, intended exclusively for use by an emergency fire suppression system, such as sprinklers, or fire hose lines.

“Irrigation service” means an approved connection to a city water main, consisting of a water meter, water service tap and a service lateral, intended exclusively for outside watering use of landscaped or planted areas.

“Point of delivery” means the point at which water service is delivered to the customer’s owned service line. Point of delivery is generally established as the meter location for residential customers, and the meter location or shutoff valve, whichever is closer to the main, in the case of commercial customers.

“Point of use” means the point at which water is used by the customer, normally a building, structure or irrigation distribution system.

“Service lateral” means a water pipe beginning at the city’s water main and extending to the customer’s point of use.

“Water distribution main” means a city-owned water pipe to which one or more water services may be connected.

“Water service area” means that area identified in the Leavenworth comprehensive water plan, including all revisions and addendums thereto, as being able to receive water service at appropriate standards of pressure and flow, given the current status of system improvements.

Water Service, Commercial. “Commercial water service” means a water service to all classes of customers except single-family water service customers.

Water Service, Single-Family. “Single-family water service” means a water service to a single-family dwelling, or to individual units in a single-family dwelling, or to individual units in a duplex, only when each unit is served by a separate tap.

“Water service tap” means an approved and authorized connection to the city’s water distribution system, denoted and identified by a water tap number, assigned by the city.

“Water transmission main” means a large-diameter pipe (normally 10-inch or larger) connecting the city’s distribution main network. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 2, 1990.]

13.04.040 Mandatory domestic service and private irrigation wells.

All individuals, firms or organizations located within city limits requiring domestic water service shall be required to be connected to the city’s water system. Private domestic wells are not permitted. Private irrigation wells will be permitted within the city limit on parcels two acres or larger; provided, that the city reserves the right to deny approval of wells which may threaten the city’s present or future domestic supplies. A permit signed by the city administrator must be obtained for such systems. Appropriate backflow prevention devices are required and inspection of the installation by the city is required for such systems. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 4, 1990.]

13.04.050 Application, contract and installation of new service.

A. Any individual, firm, or organization desiring water service from the city shall make application therefor upon an application form provided by the city, signed by the applicant and filed at the Leavenworth City Hall.

B. The application for a new service shall contain a location of the premises where such water services are desired, and all pertinent information covering type and characteristics of customer’s water consumption use.

C. The application shall constitute a contract on the part of the customer making the same, to pay for the water services applied for at the rate, in the manner, and for the time specified in such contract.

D. The customer may terminate this contract in accordance with the provisions of LMC 13.04.070(D).

E. No person or agency other than city personnel will be allowed to tap or connect a new service to city water mains. All materials and methods used to install a new service from the water main to the point of use shall conform with standard specifications and requirements.

F. New service taps shall be made on city water mains only, and the property to be served must front on, or be contiguous with, a city water main that extends the full frontage of the property. The only exception to this provision shall be for persons contiguous to a community water line existing prior to the effective date of the ordinance codified in this chapter, where the city may permit additional hookups; provided, that sufficient capacity exists on the community line. Customers not fronting on a city water main or acceptable community line will be required to pay for the installation of a new water main that extends the full frontage of the property, including valves and hydrants as needed, to city standards and specifications, prior to being hooked up.

G. The city shall install all piping and related materials from the water main to the point of delivery, unless special arrangements are made for such situations as new plats and large diameter commercial services. In such cases, the city may permit contractor installation, subject to city inspection, with the customer paying for the cost of inspection. The customer shall be responsible for all such installation costs, including street excavation and restoration. These costs will normally be included in the water service tap fees. The water meter box will be installed at or near the property line adjacent to the street or alley whenever possible.

H. It shall be illegal for anyone to connect to the city water system without making application and receiving approval by the city, in accordance with the provisions of this chapter. It shall also be illegal to connect to a private service or service lateral. Illegal hookups within the city limits shall be charged a hookup fee and up to three years back water charges, at the current water rate. Illegal hookups outside city limits shall be given a 30-day notice that the service will be disconnected, and be billed up to three years back water use. Provided that no hookup moratorium is in effect at that time, reconnection may be authorized, upon payment of the reconnection fee. In determining excess water charges for illegal water hookups, the city is authorized to estimate such charges based on use by similar customers. [Ord. 1673 § 1 (Att. A), 2023; Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 5, 1990.]

13.04.060 Owner of rental properties responsibilities.

The owner and any lessee of leased or rented property are individually and jointly responsible for monthly payment for all charges for water serving the property. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 6, 1990.]

13.04.070 Meter reading, billing and adjustments.

A. Meters shall be read as near to the same time each month as possible and bills rendered on the first day of the following month. The reading and billing dates may vary from a standard month by as much as five days because of holidays, Saturdays, and Sundays. The city may estimate meter readings for billing purposes when the meter is not able to be read.

1. When a correction to the billing is necessary to reflect either more accurate meter readings or corrections in billing errors, benefiting either the city or the customer, such corrections shall only be made for the prior three-year (36-month) billing cycles.

B. Base rate charged shall be billed in advance for service for the month that the bill becomes due. Consumption charges shall be for previous consumption subject to billing.

C. When it has been determined that a customer has received unmetered service or when the customer has caused the service furnished to be improperly or inaccurately metered, the city may render bills for such service based upon its reasonable estimate of the service actually furnished for the full period during which the service was unmetered or improperly metered.

D. Should a customer have service disconnected within five working days after the end of a month, that customer will not be required to pay minimum charges for the month that service was discontinued, but will be required to pay for water used during those days after the preceding billing period.

E. The city may alter or reroute its meter reading and billing cycle dates when such alteration or rerouting is in the best interest of the city.

F. Bills will be mailed by the city to the billing address furnished by the customer, and failure to receive a bill will not release the customer from obligation of payment when due.

G. Charges Constitute a Lien. All charges for the use of water shall be the legal obligation of the owner of, and are a lien against, the premises to which water has been furnished. [Ord. 1648 § 1 (Att. A), 2022; Ord. 1602 § 1 (Att. A), 2019; Ord. 860 § 7, 1990.]

13.04.080 Payment of bills.

Bills are due and payable on the tenth day of each month. Accounts which are unpaid after the twentieth of the month are deemed past due, and subject to an additional late fee charge that shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer. The city may, at its sole discretion, forgive one late fee per account per calendar year. Water service will be subject to shutoff for all accounts which are still unpaid on the twentieth day of the month following the original billing date, in accordance with the procedure outlined in LMC 13.04.090(C). [Ord. 1648 § 1 (Att. A), 2022; Ord. 1602 § 1 (Att. A), 2019; Ord. 860 § 8, 1990.]

13.04.090 Provisions for shutoff of water.

A. The city administrator or his or her designee may at any time order or cause water service to be cut off from any premises connected to the city water system without notice where an emergency exists or for the purpose of making inspection, extensions, or repairs, or to prevent damage to property.

B. When water service will be cut off for purposes of inspection, extension, or repair, or to prevent damages to property, and the period of cutoff of service is estimated by the public works department to exceed four consecutive hours, then, before such cutoff, the city shall give reasonable notice to the individuals to be affected by the cutoff as far in advance of the actual cutoff as is feasible. The following methods will be considered reasonable: use of telephone, television, radio, newspaper, mail, personal contact, or notification left at the premises.

C. Water service may also be cut off where a water connection charge has not been paid or where a bill for water service has not been paid. Procedure for notification, with opportunity for appeal, shall be as follows:

1. A notice that the account is past due, with late charges as prescribed above, and subject to water shutoff if not promptly paid, shall be mailed to the customer as soon as the account becomes past due.

2. If the bill is not paid as required in the notice, written notice by mail will be sent on the eleventh day of the month following the date when the account became past due, stating that the customer is delinquent in payments and the customer has the right to protest the bill and appeal to the clerk-treasurer concerning the amount due. If the bill has not been paid, or if no hearing is requested by the twentieth of the month following the date when the account became past due, the water will be immediately shut off by the city without further notice.

3. In cases where receipt of mailed notice is not returned to the city, a public works department employee may deliver the notice in person. If no one can be found at home, the notice will be attached to the doorknob of the residence or otherwise conspicuously posted.

4. If the customer requests a hearing on the amount due, a hearing must be held with the clerk-treasurer, and the customer must be given an opportunity to be heard. The clerk-treasurer must determine what amount is due and owing and inform the customer.

5. The customer shall be given 10 days to pay the amount determined by the clerk-treasurer to be owing. If the customer has not paid said amount within 10 days, water service shall be shut off.

6. If, after service has been terminated, full payment of all amounts owing, plus a turn-on charge, is made, then water service shall be restored to customer, property, premises, or building.

7. In the event that water service is to be cut off from a known rental unit where a tenant is not the customer as previously defined, then, prior to the termination of service for nonpayment and after the city has satisfied the procedures in this section, the city shall place upon the premises at least two working days prior to cutoff of service such notice as is reasonably calculated to inform the tenant or tenants of the proposed cutoff of service.

8. When abnormally high usage is determined to be due to a verified leak, a significantly high billing may be appealed to the city administrator provided the leak was not caused by the intentional act of the utility customer or his or her agents or employees. The city administrator, or his or her designee, may agree to limit the affected billing to not more than the historical billing for the month in question plus 10 percent of the total actual metered bill amount. Such appeals may only be made for the first month’s billing that is significantly high as a result of the leak. If billing relief is granted, the customer shall be responsible for presenting documentation to the city that the leak has been repaired within one month of the first significantly high billing resulting from the leak. Failure to repair the leak and provide the city with documentation that the repair has been made, within said 30-day period, will result in the entire bill plus all applicable penalties becoming due and payable to the city.

9. The turn-on charge shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer. Payment must be made at City Hall. The turn-on charge is payable when a work order for disconnection has been written, even if actual disconnection has not been made.

D. Connection and Disconnection of Service. The city will refuse to connect or will disconnect service for good cause, including violation of any of its service regulations, violation of rate schedule or contract provisions, theft or illegal diversion of water or upon the receipt of written instructions from proper authorities for violation of state or national sanitary codes, or city municipal codes. Except where otherwise provided in these regulations, the city shall, before disconnection, attempt to give the customer reasonable advance notice as to such disconnection, including reasons for the disconnection and the time of the disconnection; the nature of the notice required and the period of time before disconnection shall be reasonable under the particular circumstances, with special consideration for the potential danger to life and property.

The disconnection of service for any cause shall not release the customer from his or her obligation to pay for services received or amounts specified in the city’s service regulations or any written contract with the customer. [Ord. 1648 § 1 (Att. A), 2022; Ord. 1602 § 1 (Att. A), 2019; Ord. 1239 § 1, 2004; Ord. 1180 § 1, 2003; Ord. 860 § 9, 1990.]

13.04.100 Service charges.

A. An account service charge is to be collected when processing new service applications. Service charge fees shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer.

B. The customer is to be advised of the account service charge at the time the application is taken.

C. The account service charge is to be collected in cash or check when application is taken or, at the discretion of the city, other arrangements may be made with the clerk-treasurer.

D. Individual service applications shall be required for each meter and service tap. [Ord. 1648 § 1 (Att. A), 2022; Ord. 1602 § 1 (Att. A), 2019; Ord. 1180 § 2, 2003; Ord. 860 § 10, 1990.]

13.04.110 Monthly water rates and tap fees – Water system connection charge.

Water rates and water system connection charges shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer. [Ord. 1648 § 1 (Att. A), 2022; Ord. 1558 § 1, 2017; Ord. 1104 § 1, 1998; Ord. 1075 § 1, 1998; Ord. 1068 § 1, 1997; Ord. 1046 § 1, 1997; Ord. 1020 § 1, 1996; Ord. 940 § 1, 1993; Ord. 933 § 1, 1993; Ord. 914 § 1, 1992; Ord. 860 § 11, 1990.]

13.04.120 Mailing and receiving city communications.

All correspondence, bills and notices relating to items covered by these regulations shall be sent by mail except where specifically provided otherwise. Also, such communications may be delivered personally. Customers shall provide proper mailing addresses and means of receiving mail. Failure to do so shall render the service subject to disconnection under the same notice. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 12, 1990.]

13.04.130 Change of occupancy.

When a change of occupancy or legal responsibility takes place on any premises being served by the city, notice of such change shall be given at the City Hall within a reasonable time prior to such change. The outgoing customer may be held responsible for all service supplied until such notice has been received by the city. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 13, 1990.]

13.04.140 Transfer of previous unpaid accounts.

The city may transfer to an existing or new service account any unpaid charges for water service previously rendered to the same customer at any location in the city’s service area. Such transferred balances shall be considered part of the customer’s current obligation to the city as though the previous unpaid balance had been incurred at the present service address. The city may apply any payment received from the customer toward the customer’s transferred balance if the customer has not paid the transferred balance. The city, upon detection of an unpaid balance, shall notify the customer in writing of said unpaid balance, including the dates and location of the service, the city’s regulations concerning transferred balances, and the possibility of disconnection of service. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 14, 1990.]

13.04.150 Resale.

Water service is not to be resold by the customer, except by special contract with the city. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 15, 1990.]

13.04.160 Point of service, delivery, care and ownership of facilities.

A. The point of water delivery for residential customers shall be at the water meter which, together with the shutoff valve, will normally be located at or near the property line.

B. The point of water delivery for commercial customers shall be the curb stop shutoff valve, which will normally be located at or near the property line.

C. The water meter for commercial customers will be located at the curb stop shutoff valve when exterior meter installation is deemed appropriate by the city, but may be located inside the building or at a location beyond the curb stop shutoff, when installation circumstances warrant.

D. All water meters, meter boxes, shutoff valves, and service lines and fittings between the water service tap and the point of delivery shall be the property of the city. The customer shall be responsible for damage which is due to carelessness, negligence, or intentional acts by the customer.

E. Water service customers shall take every reasonable action necessary to protect the water meter from damage by frost or other cause. The city shall not be liable for damages caused by frozen pipes. When necessary, frozen, damaged or destroyed water meters shall be repaired or replaced by the city and the cost thereof shall be paid by the customer. In the event of nonpayment by the customer, the water service shall be shut off by the city until the costs have been paid in full.

F. In the event of a frozen service lateral, it shall be the customer’s responsibility to use a qualified and insured party to thaw the line between the service tap and the actual point of use. City personnel will not attempt to thaw such frozen line(s). Prior notification to the Chelan County public utility district and the city is required. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 16, 1990.]

13.04.170 Repair and maintenance of service lines.

A. Repair or maintenance of the water service line between the service tap and the point of delivery shall be performed by the city at no cost to the customer, unless for reasons described in LMC 13.04.160(D) through (F).

B. Repair or maintenance of the water service line between the point of delivery and the point of use shall be the responsibility of the customer, and the customer or his or her contractor must do the work.

C. In the event that the service line between the service tap and the point of delivery is deteriorated to the extent that replacement is required, the customer shall be responsible for the cost of such work. The work will be done either by the city or by a properly qualified contractor, subject to inspection by the city. The city reserves the right to determine when a service line has deteriorated to the extent that repair is no longer appropriate and replacement is required. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 17, 1990.]

13.04.180 Customer’s responsibility for city property.

Any customer or person damaging, removing, disconnecting or otherwise interfering with any meter, remote readout, remote wiring, or any apparatus belonging to the city will be subject to prosecution under the law.

The customer shall exercise proper care to protect the city’s property on his or her premises. This shall include meters, meter boxes, remote meter vaults readouts, wires and other facilities. In the event of loss or damage to the city’s property, the city may collect from the customer the cost of repairs or replacement. Where the situation warrants, the city will furnish a standby serviceman at no charge, during regular working hours and when given adequate notification for customers who may wish to do work or such other activities which might endanger property. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 18, 1990.]

13.04.190 Right of access.

The customer shall grant as a condition of service all necessary permission to enable the city to install and maintain its serving facilities on the premises of the customer and to carry out its contract. The city shall have the right through its employees, or other agents, to enter upon the premises of the customer at all reasonable times for the purpose of reading, connecting, disconnecting, inspecting, repairing or removing the metering devices, wiring, services, or other facilities of the city. The customer shall be responsible for restraining animals which pose a threat to meter readers and maintenance personnel. Meters which cannot be read because of animals or other obstructions will be estimated until they can be properly read. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 19, 1990.]

13.04.200 Inspection.

The city shall have the right, but shall not be obligated, to inspect the customer’s water service facilities before or during the time service is supplied. However, such inspection, or lack of inspection, shall not be construed as placing upon the city any responsibility for the condition of maintenance of the customer’s water service. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 20, 1990.]

13.04.210 Meter tests.

The city will, at its own discretion and expense, inspect and test its meters as required to ensure a high standard of accuracy. Additional tests at the request of a customer will be made; and if the meter is found to register accurately within two percent, the city may charge a test fee that shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer. If the meter is found to register in excess of two percent, fast or slow, the city will pay for the testing and will adjust the customer’s billing for the known or assumed period of error, not to exceed the previous six months. [Ord. 1648 § 1 (Att. A), 2022; Ord. 1602 § 1 (Att. A), 2019; Ord. 860 § 21, 1990.]

13.04.220 Separate meter for each class of service.

If the customer desires to use water for purposes classified under different rates, separate meters must be installed to measure the water supplied to each rate. The city will designate the rate schedule applicable to each meter and bill each meter at the appropriate rate schedule. Unless otherwise specified in a special contract, the city will not totalize the metering of separate service or meters.

If the customer desires additional meters for his or her own use other than those required by the city, such additional meters shall be provided, installed and maintained by the customer on the customer’s side of the city meter, at their own expense, and shall not be read by the city. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 22, 1990.]

13.04.230 Home occupations.

Unless otherwise provided for under the conditions of the permit, home occupation permits shall be regarded as residential water uses only, and not subject to the provisions of LMC 13.04.220. [Ord. 1648 § 1 (Att. A), 2022; Ord. 1467 § 1 (Att. A), 2014; Ord. 860 § 23, 1990.]

13.04.240 Water use during fire.

It is unlawful for any person to use water for irrigation or sprinkling purposes during the progress of any fire in the city. All irrigation and sprinkling shall be immediately stopped when the alarm of fire is sounded and shall not be resumed until the fire is extinguished. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 24, 1990.]

13.04.250 Fire protection piping.

If a customer desires a fire system separate from his or her other water service, the rules under LMC 13.04.050 shall apply. The city may or may not require metering or detection equipment for the fire system. No other use of the fire protection system will be permitted. No person shall extend or make changes of any kind before receiving written permission from the city administrator or his or her designee. If the fire system is to be tested, the customer shall first receive permission from the city administrator or his or her designee and city employees shall be present at such test. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 25, 1990.]

13.04.260 Fire hydrant – Obstruction prohibited.

It is unlawful for any person to obstruct or hinder the access to any fire hydrant by placing around or upon the hydrant any brick, lumber, stone, dirt, vegetation, or any other material or thing, or to permit or cause to be permitted any such material to be placed around or thereon by those in his or her employ, or in any other manner not mentioned herein obstruct the free access to any such fire hydrant in the city. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 26, 1990.]

13.04.270 Fire hydrant – Unauthorized use prohibited.

All fire hydrants shall be under the control and shall be kept in repair by the public works department and by the fire department, and such other persons as the city administrator or his or her designee may authorize to have free access to the hydrants. It is unlawful for all other persons to open any fire hydrant or attempt to draw water therefrom or willfully or carelessly injure the same. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 27, 1990.]

13.04.280 Fire hydrant spacing – Installation required.

The normal distance between fire hydrants shall be 300 feet. The city may require installation of new hydrants in conjunction with any proposal for extension of the city’s water system. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 28, 1990.]

13.04.290 Right to restrict water use.

The city reserves the right, in case of shortage or potential shortage of water, to make orders through the city administrator or his or her designee forbidding the use of water for irrigation, sprinkling, or other nonessential purposes. Such order may be made at any time and, when printed in the official paper or served in writing upon the customer, shall be deemed as sufficient notice thereof. The city may adopt, by resolution, policies and procedures designed to encourage or mandate water conservation or curtailment measures when conditions require. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 29, 1990.]

13.04.300 Cross connection control.

The city has the right to require the installation of a cross connection control device or devices on any service connection it deems necessary in order to prevent the possibility of contamination of the public water system in accordance with state and local health requirements, and the city’s adopted cross connection control regulation. The city shall also have the right to review the plumbing arrangement of proposed or existing buildings or improvements, and to require certain changes to protect the public water system. No provision of this chapter shall relieve the property owner or customer of the responsibility to design and construct all private water facilities and plumbing arrangements in full conformance with applicable health and plumbing codes. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 31, 1990. Formerly 13.04.310.]

13.04.310 Negligent use, condition of customer’s facilities.

All water customers served by the city shall utilize the water served through their connections in a responsible and nonwasteful manner. If the city deems that a customer is utilizing the water in an irresponsible or wasteful manner, the city shall have the right to discontinue service at its discretion. Similarly, if the city, through its inspections, tests or records, discovers that a customer’s water service pipelines, facilities or plumbing are in a deteriorated condition or are being managed or controlled improperly, and such condition or management is resulting in a demonstrable waste of water, the city shall have the right to require the remedy of such conditions, and to discontinue service until such remedies are made by the customer. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 32, 1990. Formerly 13.04.320.]

13.04.320 City representation by employees.

No inspector, agent, or employee of the city may ask, demand, receive or accept any personal compensation for any service rendered to consumers of water service or other persons, in connection with supplying or furnishing services by the city. No promise, agreement or representation of any employee or agent of the city with reference to the furnishing of water service shall be binding on the city unless the same shall be in writing signed by the mayor or his or her authorized agent. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 33, 1990. Formerly 13.04.330.]

13.04.330 Violations and enforcement.

A. The remedies provided in this section for violations or failure to comply with provisions of this chapter shall be cumulative and shall be in addition to any other remedy to which the city is entitled by law.

B. Civil Remedies. The violation of or failure to comply with any of the provisions of this chapter is unlawful.

1. Injunction and Abatement. The city, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in the municipal court or the courts of this state, against any person who violates or fails to comply with any provision of this chapter, or against the owner of the property on which a violation is occurring, to prevent, enjoin, abate or terminate violation of this chapter.

2. Civil Penalty. Any person who violates or fails to comply with any of the provisions of this chapter shall be subject to a maximum civil penalty of $450.00 for each day or portion thereof that the violation has continued; provided, however, that the owner of the property on which the violation has occurred, who is not also the user of the water on said premises, shall be subject to the penalty only if demand for remedy of the violation has been mailed to the owner at his or her last known address by registered mail, return receipt requested, and the demand has remained uncomplied with for more than 30 days. The civil penalty provided for in this section may be imposed by the municipal court if within its jurisdiction or by the courts of this state and may be enforced in a civil action in superior court or in any other manner provided by Washington law.

3. Attorney Fees. In any action brought by the city to enforce this chapter or in any action brought by any other person in which the city is joined as a party challenging this chapter, in the event the city is a prevailing party, then the nonprevailing party challenging the provisions of this chapter or the party against whom this chapter is enforced in such action shall pay, in addition to the city’s costs, a reasonable attorney fee at trial and in any appeal incurred by the city. [Ord. 1648 § 1 (Att. A), 2022; Ord. 860 § 34, 1990. Formerly 13.04.340.]