Chapter 12.04 Water Regulations and Charges

(b) "Person," whenever used in this chapter, means and includes natural persons of either sex, associations, copartnerships, corporations and other entities of all types and nature, whether acting themselves or by a servant, agent or employee; the single number shall be held to include the plural and the masculine pronoun to include the feminine.

(c) "Extension" means and includes any new water service which shall require the installation of more than one hundred fifty linear feet of water line from an existing main line to complete the connection of the premises in question.

(d) "Hookup" means any new water service which requires installation of less than one hundred fifty linear feet of water line to be laid so as to connect the premises to be served with an existing main line. (Ord. 1072 § 1, 1977: Ord. 557 § 2, 1930).

12.04.020 Rates established.

Rates for and charges related to or arising from public utility services provided by the city shall be established by action of the council through the adoption of written resolution. (Ord. 1523 §1, 2008: Ord. 557 §1, 1930).

12.04.030 Permission to connect.

No plumber or other person will be allowed to make connection with the city mains or make connections with any conduit, pipes, or any fixtures connected therewith, or to connect pipes that have been disconnected, or to turn water on or off of premises without the permission of the superintendent. (Ord. 557 §17, 1930).

12.04.040 Returns of work.

Prior to commencement of work relating to the installation of connections with the city's water and sewer service pipes or mains, a plumber or contractor shall provide to the office of the clerk-controller proof of possession of all licenses required by the state, county or city and proof of the possession of any bonds required by any of these entities. Said proof shall be maintained on file by the office of the clerk-controller for a period determined to be reasonable by the clerk-controller. Until such time as such proof is provided to the clerk-controller, no plumber shall be allowed to do any work in connection with the city service pipes or mains. A plumber or contractor shall make in writing a true and accurate return of the work done within twenty-four hours after completion and before water may be turned on; provided that the superintendent may allow the commencement of service prior to the return of such work when it is determined to be appropriate. The return shall describe the position of the service pipes, stop cocks, and other fixtures outside of the building and refer to street and lot corners, and shall be in a form satisfactory to the superintendent. (Ord. 1081 §1, 1978: Ord. 557 §18, 1930).

12.04.050 Faulty work.

Plumbers or contractors failing to perform their work according to the established rules and regulations, or carrying it out in such a manner as to potentially damage or actually damage the city's water and sewer utility system, may be forbidden by the superintendent from making any further connections with the city's utility system. Such prohibition shall be effective ten days after the giving of written notice by the superintendent to the plumber or contractor of the imposition of the prohibition and the reasons therefor. Any plumber or contractor so prohibited may appeal the decision of the superintendent to the appeals board created under the Uniform Building Code and in the manner provided therein. The decision of the appeals board shall be final. (Ord. 1081 §2, 1978: Ord. 557 §19, 1930).

12.04.060 Access for inspection.

Officers and employees of the city sewer and waterworks utility shall have free access at all reasonable times under the circumstances of the day to all parts of buildings and premises in which water may be delivered from the city mains or sewage is delivered to the city mains for the purpose of inspecting the condition of the pipes and fixtures, and the manner in which the utility service is used. Any owner or occupant of any premises supplied with city utility services who fails, neglects or refuses to give free access to his premises for the purposes specified in this section without reasonable cause may be charged a penalty of ten dollars, and the service may be immediately shut off. (Ord. 1081 §3, 1978: Ord. 557 §20, 1930).

12.04.070 Superintendent under control of city council.

In all cases wherein this title grants any discretion in the superintendent, that discretion shall be subject to the control of the city council or public works committee or its successor of the city council. (Ord. 1081 §4, 1978: Ord. 557 §40, 1930).

12.04.080 Aid in enforcement.

It shall be the duty of the members of the police and fire departments to provide all reasonable aid to the city's sewer and water utility in the enforcement of its rules and regulations. They shall report all violations which come to their knowledge to the office of the superintendent. (Ord. 1081 §5, 1978: Ord. 557 §41, 1930).

12.04.090 Discontinued use.

Should it be desired to discontinue the use of city utility services supplied to any premises, written notice must be filed with the office of the clerk-controller on or before the fifth day of the month. The notice shall be on forms provided by the office of clerk-controller for that purpose and payment in full for all arrearege must be made. The water will then be turned off and turned on again on application without charge; provided, that there are at the time of the restoration of service no unpaid arrearages. No remission of the rates will be made for a period of less than one calendar month nor without the notice prescribed in this section. (Ord. 1081 §6, 1978: Ord. 557 §14, 1930).

12.04.100 Delinquencies--Lien.

(a) All charges for water and sewer service and service connections will be charged against the property to which they are furnished and become a lien against the property to the full extent allowed by state law or city ordinance. If, for any cause, any sums owing become delinquent, whether charged under Section 12.04.430, Section 12.04.440, or some other section of this code the water shall be shut off and in no case shall it be turned on the same property until all delinquencies and any additional charge imposed for reconnection have been paid in full. No change of ownership or occupancy shall affect the application of this section.

(b) In the event that the responsible official determines that it is necessary to shut off the utility service to the property as a result of failure to pay delinquent moneys, then that official shall give notice in the manner provided by Section 12.04.440, such notice to be sent to the last known mailing address of the person responsible for the moneys, United States Postal Service, 1st Class, postage prepaid. In the event that the person to whom notice has been sent alleges that the amount professed as being due and owing the city is incorrect and so notifies the city in writing within three days of the mailing of the notice of intention to disconnect, then in that event the building inspector of the city of Montesano shall serve as an appeals officer to hear such evidence as the party owing or alleged to be owing the moneys and the city deem necessary and appropriate to present on the matter. If the building inspector in his capacity as hearing officer determines by a preponderance of the evidence that the amount alleged to be due and owing by the city utility department is incorrect, then he shall have the authority and power to modify that amount to a figure he deems to be true and correct. In the event that he finds that the amount alleged to be due and owing is true and correct, he shall allow the appellant up to two additional working days in which to make payment as required by city ordinance. In the event that for any reason the building inspector is unavailable the position of hearing officer shall be assumed by the director of public works of the city of Montesano, who shall have all the powers granted under this enactment to the building inspector as hearing officer.

(c) The decision of the hearing officer shall be final upon the parties upon the date of its announcement by the hearing officer and there shall be no appeal therefrom. As to any appellant who is determined by the hearing officer to owe an obligation to the city, then in the event the appellant fails to pay that obligation within the time period established by this enactment or other applicable portions of this code, the city shall upon the date for payment passing have all rights and remedies, including termination of service, as if the appeal had not been taken. (Ord. 1092 §1, 1978: Ord. 1081 §7, 1978: Ord. 557 §15, 1930).

12.04.110 Water shut-off.

Should the owner or occupant of the premises turn on the water or allow it to be turned on by individuals other than those authorized to do so by the city, after it has been shut off at the curb cock by the city, it may be turned off at the main by the city and an additional charge of twenty-five dollars made for the expense of turning it off and on. Any such unauthorized turning on of the water or knowing allowance thereof constitutes a violation of the provisions contained in Sections 12.04.040 through 12.04.110, 12.04.240 through 12.04.260, 12.04.430, 12.04.440, and 12.04.460, and upon conviction shall be punished in the manner provided in this chapter. (Ord. 1081 §8, 1978: Ord. 557 §16, 1930).

12.04.120 Prohibited acts.

The following acts are prohibited:

(a) To open, close, turn or interfere with, or attempt to, or connect with any fire hydrant, stop valve or stop cock, belonging to the city waterworks utility, unless authorized by the superintendent, in writing; provided, this rule shall not apply to members of the city fire department while acting in such capacity;

(b) To disturb or damage any pipe, machinery, tools or other property of the city waterworks utility;

(c) To throw refuse or any substance into any city reservoir, or to throw any deleterious matter in or upon any part of the city's watershed or water supply system;

(d) To deface or injure any building or other structure or improvement of the city waterworks utility;

(e) To place any foreign thing upon the grounds belonging to the city waterworks utility, or upon such portions of grounds and streets as may be under its control;

(f) To disturb or injure any fountains, lawn, grass plot, flowers, vines, bushes or trees belonging to or under the control of the city waterworks utility;

(g) To use black iron pipes or fittings to connect any premises or buildings with the city water pipes. (Ord. 557 §26, 1930).

12.04.130 Notice of work.

All persons, contractors, corporations and other city departments handling street work, such as grading, regrading, filling, trenching or paving, etc., shall give the superintendent eight days' written notice in case it becomes necessary during the work to remove, displace or change any water mains, pipes, fittings, meters, gates or other waterworks appurtenances that may interfere with the prosecution of such work; and failure to furnish the notice shall make the contractor, corporation, or person, or other city department liable to the waterworks utility in case damages should result from such failure. (Ord. 557 §34, 1930).

12.04.140 Application for connection.

Any person desiring to have premises connected with the water supply system of the city shall make application at the office of the city clerk on the printed forms furnished for that purpose. Every application shall be made by the owner of the property to be furnished, or by his authorized agent or by the occupant, and the applicant must state fully and truly all the purposes for which the water may be required, and must agree to conform to the regulations and rules established from time to time as the condition for the use of water. He must further agree as a condition precedent in the premises that city shall have the right at any time without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason, and the city shall not be responsible for any damage caused by the breaking, bursting or collapsing of any boilers, pipes or fixtures, or by the stoppage, or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water. (Ord. 1053 §1, 1977: Ord. 557 §3, 1930).

12.04.145 Application for connection--Standards.

At such time as an application is made for new services to be provided by the city water system, the following standards shall be applied in carrying out the connection:

(1) As to any extension as that term is used within this chapter, the water line extending from the city's existing main line shall be of no less than six inches in diameter and shall meet in both size and installation standards the requirements established by the city engineer. Before the installation of any such line, such standards and specifications shall be approved in writing by the city engineer; provided, that the engineer shall establish the point at which the applicant will be allowed at attach the service lead to specifically connect his premises with the line to be installed.

(2) As to any hookup, as that term is used in this chapter, prior to the commencement of any installation, the applicant shall provide to the superintendent his proposal as to the size of the meter and the pipe to be utilized for the superintendent’s review. No installation shall be made nor connected to the city system until such time as both the specifications and installation meet the approval of the superintendent. (Ord. 1072 §2, 1977).

12.04.150 Compliance.

No person supplied with water from the city main shall be entitled to use it for any purpose other than those stated in the application or to supply in any way, other persons or families. (Ord. 557 §4, 1930).

12.04.160 Building construction.

Any owner, manager or architect intending to use water in the course of construction of any building, shall report to the superintendent his intentions on forms provided for that purpose. Water for building purposes shall be furnished only upon application of the owner or authorized agent, and will be charged for at meter rates; and all delinquent and unpaid charges shall become a lien upon the premises supplied, and shall be collected in the same manner as other delinquent and unpaid charges. (Ord. 557 §23, 1930).

12.04.165 Construction usage--Meter required.

No person shall withdraw water from the city’s municipal water system for construction, building, developmental, or any other non-fire suppression purpose except through a meter approved by the city and in compliance with any applicable provision of the municipal code or any rule or regulation applicable to such withdrawal. (Ord. 1574 §2, 2013).

12.04.170 Service connection specifications.

When a permit has been obtained for the installation of water, the superintendent shall cause the premises described in the application, if it abuts upon a street upon which there is a city water main, to be connected with the city's water main by a service pipe extending at right angles from the main to the property line, and including a stopcock placed within the line of a street curb which connection shall be maintained by, and kept within the exclusive control of the city.

No premises shall be allowed to have more than one service connection, except the connection for fire purposes as defined in this chapter. Every separate premises supplied with city water must have its own separate service connection with the city main, and the premises so supplied will not be allowed to supply water to any other premises (except temporarily where there are mains in the street) unless the property is adjacent and owned by the person who owns the service connection.

The city council may, at its discretion, order the extension or renewal of mains by the local improvement plan, as provided by law, and the waterworks utility may pay for the improvement, whatever part is deemed equitable, as determined by the city council. (Ord. 557 §5, 1930).

12.04.180 Private pipes--Installation.

All persons connecting to city service, or laying their own private pipes shall be required to use pipe meeting the minimum specifications established or adopted by the department of public works, and all pipes shall be laid not less than two feet below the surface of the ground, except that in ungraded streets where the grade is already established, the service and pipes shall be laid deep enough so that there will be no less than a forty-two-inch cover above the same. The superintendent will maintain private services from the main in streets which are being graded or regraded and will have access on private property as may be necessary to maintain the pipes during the work, and shall as soon as practical upon completion of the work relay the pipes in the street. Except for the above cause, owners shall maintain their private pipes from the end of the city service to and into their property, or in case the superintendent finds it necessary to maintain the same, the owner shall relinquish all rights to the pipes. When necessary, the superintendent may slope services on property to conform to the slope occasioned by the grading of street and charge the expense to the owner of the service. (Ord. 1081 §9, 1978: Ord. 557 §6, 1930).

12.04.190 Charges within the city.

When a property owner within the city limits desires to have water service from the city's water system, the property owner shall make application and pay such charge as may be established from time to time by resolution of the city council. (Ord. 1150 §1, 1981: Ord. 1081 §10, 1978: Ord. 796 §1, 1960).

12.04.200 Service outside city--Application.

When a property owner desires to have water service provided from the city's water system to property situated outside of the corporate limits of the city, the property owner shall make application to the city council. The application shall contain such information as may be deemed reasonable and necessary by the council.

In the event that in the council's discretion it is deemed appropriate to allow the connection to provide the service requested, the applicant shall comply with the following:

(1) Pay to the city the connection charges established pursuant to Section 12.04.190;

(2) Fully comply with any terms and conditions established by the council in its granting of the application.

Failure to comply with either of the above requirements, either prior to or subsequent to the connection of the service shall be and are grounds for the termination of the service by the city; provided, that upon termination of the service, the council may, in its discretion, refuse to allow a restoration of service. (Ord. 1081 §11, 1978: Ord. 796 §2, 1960).

12.04.210 Payable in advance.

All charges shall be payable in advance if and when demanded; provided, that in the absence of any such demand it shall be paid in the manner established by subsection f of Section 12.04.440. (Ord. 1081 §12, 1978: Ord. 796 §3, 1960).

12.04.220 Unlawful connection.

It is unlawful for any person or persons, partnership or corporation to make any connection for water or sewer services from the city's mains or pipe lines except as provided in this title. In addition to any other sanction or penalty which may be imposed for such action, the customer shall pay such monetary amount as is established by the then applicable resolution for the act of unauthorized restoration of service. (Ord. 1563 §2, 2012: Ord. 1081 §13, 1978: Ord. 796 §4, 1960).

12.04.230 Service pipe regulations.

Before water will be turned on to the premises connected with the city's mains, the service pipes upon the premises must be made to conform to the following regulations: The service pipes must be located so that the supply for each separate house or premises shall be controlled by separate stop and waste cocks of standard make with extension handle, approved by the superintendent, properly protected from the frost and placed within the premises so that all service pipes and fixtures may be thoroughly drained during freezing weather. The connection between the city's pipes at the property line and the service pipes on the premises must be made with a union. (Ord. 557 §8, 1930).

12.04.240 Notification of clerk-controller.

Whenever the owner or occupant of any premises connected with the city's water system desires to commence the use of the water, he shall notify the office of clerk-controller and request that the water be turned on to the premises. The owner or installer shall leave his portion of a new service exposed in the trench until the water line installation is approved by and the service is turned on by the authorized representatives of the city, when he shall immediately properly cover the pipe. (Ord. 1081 §14, 1978: Ord. 557 §9, 1930).

12.04.250 Application for additional fixtures and supplies.

It is unlawful for any person whose premises are supplied with water by the city to supply the water to purposes other than those for which the original application was made; or to furnish water to additional families or premises unless he first makes application in writing to do so, upon a form furnished for that purpose and in the same manner as an original application for the installation of the water service, and receives approval upon said additional application. (Ord. 1081 §15, 1978: Ord. 557 §10, 1930).

12.04.260 Connection of additional fixtures without application.

When the owner or occupant of premises to which utility services are provided by the city carries out or allows the action specified in Section 12.04.250, as now existing or hereafter amended or succeeded, without prior application and approval as required therein, such services shall be charged at double the rate for the time they are in use and the service may be shut off and a charge in the amount established by the then applicable resolution for the act of unauthorized resumption of service. In case utility service is turned off as provided in this section, the same shall not be turned on again until all rates and charges against the premises have been paid in full. (Ord. 1563 §3, 2012: Ord. 1081 §16, 1978: Ord. 557 §11, 1930).

12.04.270 New building on site of previous one.

When new buildings are to be erected on the site of the old ones and it is desired to increase the size of or change the location of the old service connection, or where a service connection to any premises is abandoned, or no longer used, the superintendent may cut out or remove the service connection; after which, should a service connection be required for the premises, a new service shall be placed only upon the owner's making an application and paying for a new tap in the regular manner. When the service connection of any premises does not come from a main in front of the premises, the superintendent shall, when a main is layed in front of the premises, after notifying the owner or tenant, transfer the service to the new main without charge, and at the same time cut the old service connection. (Ord. 557 §12, 1930).

12.04.280 Discontinuin use.

Whenever the owner or occupant of any premises connected with the city's water supply system desires to discontinue the use of water for any special purpose, or through any fixtures mentioned in the original application, he shall cause the fixtures to be removed; and the branch line pipe of service supplying the same to be plugged; and shall notify the superintendent in writing before any reduction in rate will be made. (Ord. 557 §13; 1930).

12.04.290 Fire protection apparatus--Test.

Pipes for fire protection purposes must be fitted up with such fixtures only as are needed for fire protection, and entirely disconnected from those used for other purposes.

Whenever practicable, the hose shall be kept attached to the fixtures, suspended conveniently for use in case of fire.

In no case shall any use of any water be permitted through any fire service nor through any pipes, tanks or other fixtures connected therewith for any purpose except the extinguishment of fire on the premises; provided, however, that connections and apparatus used for fire protection may be tested at any time under the following conditions. Written notice shall be given to the superintendent that such test is desired and the date and hour shall be assigned the applicant for commencing tests. All of the tests must be made in the presence of the superintendent or his authorized agent. For violation of this section, a penalty of fifteen dollars will be imposed, and the supply of water discontinued from the premises for all purposes until all charges and the penalty have been paid. (Ord. 557 §25, 1930).

12.04.300 Wasting water.

It shall be unlawful for any person to waste water, or allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures. Determination of wasting water shall be made by observation of water running from leaking pipes or fixtures above or below ground as can be observed from the property line or within the property upon authorized access. (Ord. 1637 §1, 2021; Ord. 557 §21; July 15, 1930).

12.04.310 Penalty for wasting water.

If repairs have not been made within thirty days of notice regarding the violation of any provision of Section 12.04.300, the water service shall be shut off at the meter and not turned on again until all delinquent and unpaid charges have been paid, and proper repairs made. In the event that termination of service for violation of Section 12.04.300 is not lawful or feasible, the city or its agent may enter the property to repair a private service line at the property owner’s cost in the case where it is plainly evident where a water leak is occurring outside of the building. (Ord. 1637 §2, 2021; Ord. 557 §22; July 15, 1930).

12.04.320 Sprinkling and private hydrant permit.

Permits for sidewalk sprinkling, private hydrants, irrigation and hose connections will be granted only to persons supplied through meter or paying a fixed rate of not less than one dollar and fifty cents per month. (Ord. 557 §27; July 15, 1930).

12.04.330 Sidewalk sprinkling.

Sidewalk sprinkling must be confined within the limits of the front of the premises for which payment has been made. (Ord. 557 §28; July 15, 1930).

12.04.340 Sprinkling and hosing.

The use of water for sprinkling or irrigating lawns, gardens, flower beds, plants, trees, shrubs, or parking strips, or for hosing windows, woodwork, porches, steps or walks is prohibited except during the hours and in the manner and under the conditions hereinafter provided, except that this section shall not apply to premises paying meter rates. (Ord. 557 §29; July 15, 1930).

12.04.350 Irrigation districts.

The superintendent is authorized and empowered to divide the city into irrigation districts within which districts water may be used at the time authorized in this chapter for sprinkling or irrigating lawns, gardens, flower beds, plants, trees, shrubs or parking strips or for hosing windows, woodwork, porches, steps or walks in such districts. Whenever such districts are established, notice shall be given in such manner as the superintendent may order, and it shall be unlawful for any person to use water at any other time or in any other manner than as prescribed in the notice. (Ord. 557 §30; July 15, 1930).

12.04.360 Hose, nozzle, automatic sprinklers for nonmetered water.

Water used for any of the purposes mentioned in Section 12.04.340 and 12.04.350, from any service not connected with a meter, must be delivered through a hose to which shall be attached an automatic sprinkler or a nozzle. No hose of a greater inside diameter than three fourths of an inch shall be used for delivering water for such purposes and no nozzle, the orifice of which is greater than one-fourth of an inch in diameter shall be used; and the hose and nozzle, while water is being delivered through it, must be held in the hand of some person except when an automatic sprinkler is attached to the hose. No more than one line of hose shall be in operation at any time.

Water may be delivered daily through such hose and nozzle or through such hose and automatic sprinkler, between the hours of six a. m. and nine a. m. and five p. m. and nine p. m., provided, however, that the city council, whenever the public safety, health or equitable distribution of water so demands, shall direct the superintendent to change or alter the time above stated, or to discontinue the use of water for the above purposes, or to prohibit the use of automatic sprinklers.

For violation of any of the provisions of this section a penalty of two dollars shall be imposed and taxed against the person supplied with the service used for such purposes and the water shall be shut off until the same has been paid. Provided, however, that the city council may grant permits for the free use of water for the irrigation and sprinkling of public parks, cemeteries, driveways and streets, and any other municipal purposes as may be deemed advisable, subject to such terms and conditions as the city council may provide. The permits must cease and terminate whenever water is used in a manner other than as specified in such permits. (Ord. 557 §31; July 15, 1930).

12.04.370 Placement of sprinkler.

No nozzle or other sprinkling device shall be so placed as to throw water on any person, passing along the street or sidewalk. (Ord. 557 §32; July 15, 1930).

12.04.380 Use of water during-fire.

No person shall use any water for irrigation or sprinkling during the progress of any fire in the city, and all irrigation and sprinkling shall be immediately stopped when an alarm of fire is sounded in any part of the city, and shall not be begun again until the fire has been extinguished. For any violation of this section a penalty of two dollars for each offense shall be imposed and taxed against the person and premises and the water turned off until the penalty has been fully paid. (Ord. 557 §33; July 15, 1930).

12.04.390 Right to place meters.

The city reserves the right to place a meter on any or all services. All meters shall remain the property of the city, and may be installed or removed by the superintendent in conformity to rules and regulations provided in this chapter. (Ord. 557 §35; July 15, 1930).

12.04.400 Excessive bill--Adjustments.

When any consumer whose water service is metered shall make a complaint that the bill for any past time has been excessive the waterworks utility will upon written request, have the meter reread and the service inspected for leaks. Should the consumer then desire that the meter be tested, the consumer shall make a deposit in the office of the water superintendent as prescribed in Section 12.04.410. The consumer shall have the privilege, if he or she so desires, to be present when the test is made. In case the test should show an error of over five percent of water consumed, in favor of the water department, the deposit will be refunded to the consumer, a correct registering meter will be installed and the bill will be adjusted accordingly.

If the test of the meter should show not in excess of five percent error in the measurement of water, the amount deposited will be retained by the water department to cover part of the expense of making the test. The minimum charge is not affected by any error in the registered water consumption. (Ord. 557 §36; July 15, 1930).

12.04.410 Meter test--Deposit.

Before making a test of any meter, the person requesting the test shall at the time of filing his or her request, with the waterworks utility, make a deposit in the office of the city clerk of the amount charged for the tests, subject to the conditions herein stated, which charges are as follows:

For Testing
1/2 to 1 1/2 inch meter inclusive	$ 1.50
2 to 3 inch meter inclusive	2.00
4 inch meters	5.00
6 inch meters	10.00
8 inch meters	20.00
10 inch meters	40.00
12 inche meters	60.00

No meter shall be removed or in any way disturbed except by the waterworks utility. (Ord. 557 §37; July 15, 1930).

12.04.420 Water fixtures--Charges.

Water fixtures will be charged for each and every purpose available and for each family or establishment within the enclosure or when separated only by a door, gateway or other means of easy access. (Ord. 557 §24; July 15, 1930).

12.04.430 Water and sewer service--Rates.

On and after the effective date of the ordinance codified in this section, rates charged by the city for water service and sewer service provided to customers of the city's utility system shall be such amounts as may be from time-to-time established by written resolution of the city council. (Ord. 1231 §1, 1985).

12.04.440 Water and sewer service--Billing.

(a) Utility customers shall be billed upon such schedule as may be established by written resolution and the moneys shall be due and payable pursuant to such schedule as may be established by written resolution; provided, that in case the meter cannot be read for any cause, the user shall pay the rate for the previous month read and any differences shall be settled after the next reading of the meter. All municipally billed utility payments shall be paid to the office of the city clerk-controller. The clerk-controller or his or her designee shall collect, receive and receipt such moneys in the manner required by resolution or the provisions promulgated by the Office of the State Auditor. This process shall include a requirement that the individual shall make out and file such detailed statements of receipts as shall be called for or requested by the city council or required under the provisions promulgated by the Office of the State Auditor.

(b) An account shall be deemed delinquent under such schedule as may be established by written resolution of the council. The council shall, by resolution, from time to time establish such monetary amount as shall be imposed as a late fee, as well as such costs or fees as shall be required for the reconnection of services in the event of a termination of the service. Prior to the recommencement of service, all charges, whether for utility service or delinquent charges, as well as the cost for restoring service, shall be paid.

(c) In recognition of the increased use of a variety of payment methods by utility customers, payment may be made by such means, including negotiable instruments, electronic transfers, and credit and debit cards, as may be approved by written resolution of the city council. (Ord. 1523 §2, 2008: Ord. 1231 §2, 1985).

12.04.450 Fluoridation.

The waterworks utility is authorized and directed to add fluoride to the public water supply of the city, in accordance with the laws of the state of Washington and the rules and regulations of the State Board of Health pertaining thereto. (Ord. 808 §1, 1961).

12.04.455 Water source requirements for human waste disposal systems.

(a) In the event that a structure now existing or hereafter constructed within the city for human occupancy, whether for business or residential purposes, which is required and in fact does have bathroom or restroom facilities, is no longer served by an approved on demand, as needed water source, whether such water source be an on-site well or the municipal water system or if it is served by the sewage system commonly known as the SSTP, electrical service to the structure has been terminated, then such structure is found to be a public health hazard and a threat to the public health, safety, and welfare. This finding is based upon the absolute necessity of proper disposition of human waste which requires the utilization of water for disposal thereof; provided that such finding shall be subject to waiver if the owner or occupant of such structure proves to the satisfaction of the health department having jurisdiction over the area that the absence of water availability does not cause a problem with the operation of the approved waste disposal system. As to a structure not served by the water source as provided as to which the exemption previously authorized has not been established, the structure shall be deemed unfit for human occupancy and a public hazard and nuisance. The building official, upon being made aware of such a structure, shall take such steps as may be necessary to prohibit human occupancy so long as it is in noncompliance.

(b) In the event that a structure now existing or hereafter constructed within the city for human occupancy, whether for business or residential purposes, which is required and in fact does have bathroom or restroom facilities, is no longer served by an approved on demand, as needed power source after that structure has been connected to and is served by that sewer treatment and collection system collectively known as the SSTP system, then such structure is found to be a public health hazard and a threat to the public health, safety, and welfare. This finding is based upon the absolute necessity of electrical power to the utilization and operation of the system on-site and the absolute necessity of proper disposition of human waste in light of the operational requirements of the SSTP system requires electrical power; provided that such finding shall be subject to waiver if the owner or occupant of such structure proves to the satisfaction of the health department having jurisdiction over the area that the absence of electrical availability does not cause a problem with the operation of the SSTP system and that proper and lawful arrangements have been made for the disposition of the solid waste arising from the occupancy of the structure. As to a structure not served by an electrical source as provided as to which the exemption previously authorized has not been established, the structure shall be deemed unfit for human occupancy and a public hazard and nuisance. The building official, upon being made aware of such a structure, shall take such steps as may be necessary to prohibit human occupancy so long as it is in noncompliance.

(c) The owner or occupant of a structure, the occupancy of which is forbidden pursuant to the provisions of subsection (a) of this section, shall have the right to appeal the decision of the building official in the manner provided by Chapter 12.24. The appeal shall be taken within four days of the date of the notification that the premises shall not be occupied. That date shall conclusively be deemed to have been the date upon which the premises themselves are posted. During the pendency of any such appeal, the premises shall not be occupied unless a health official having jurisdiction over the matter shall find that the continued occupancy does not constitute a continuing risk to the health, safety, and welfare of the city, its citizens, and the occupants of the premises.

(d) Occupancy of a structure after giving of the notice required pursuant to subsection (a) of this section shall be deemed a criminal offense and, upon conviction thereof, any person as that term is utilized within this code so convicted shall be subject to punishment as provided in Section 1.08.010. (Ord. 1289 §1, 1989).

12.04.460 Penalty for violation.

Each and every violation or infraction of any of the provisions established by this chapter, and the doing of any act prohibited by this chapter, in addition to any special penalties attached, shall constitute a separate offense; and any person found guilty of such violation shall, upon conviction, be punished as provided by Section 1.08.030. (Ord. 1081 §19, 1978: Ord. 599 §2, 1935; Ord. 557 §42).

12.04.470 Utility service--Corrective action.

In the event that the city becomes aware of the delivery of the city's utility service as the result of an action covered by Section 8.38.910(a) of this code, it shall have the authority to take immediate corrective action to restore the non-provision of utility service to the premises. Prior to taking such action, the city staff so assigned shall leave a written notice of such action by either posting the notice on the premises or leaving the notice with a person of responsible age who is present at the premises at the time of corrective action. (Ord. 1495 §2, 2006).

12.04.480 Fire hydrant meter.

(a) When a fire hydrant is utilized as a source of water for any person or entity, other than the city or its agents, for construction, building, developmental, or any non-fire suppression purposes, a hydrant meter supplied by the city and operated by its personnel shall be utilized to control and meter any such utilization.

(b) Any person or entity receiving water through the use of a hydrant meter pursuant to the provisions of this section shall:

(1) Comply with any directive of the director of public works or his/her designee as to the method, timing, amount, or restriction.

(2) Pay any utility bill, including any associated staff labor cost, submitted as a result of the utilization of the meter within the time periods established by the city for the payment of water utility bills. In the event of a failure to so pay, the city may immediately stop the provision of access to the city’s system.

(c) So long as the withdrawals are in compliance with the provisions of this section and any implementing resolution, such withdrawal shall not be deemed to be violating the provisions of Section 12.04.120. (Ord. 1574 §1, 2013).