Chapter 13.08 WATER REGULATIONS AND RATES

“Main” or “water main” means water lines constructed of cast iron, or an equivalent material, designed or used in the water distribution system to serve more than one premises.

“Owner/operator” means the person or persons with an ownership interest in the subject premises or any person or persons controlled by or affiliated with the owner responsible for operating the premises served by a water service connection. Except as specifically set forth herein, the owner/operator shall not include a tenant or other occupant of the premises that is not controlled by or affiliated with the true owner of the premises receiving water service.

“Premises” means a residence, building, lot, parcel, apartment complex, condominium, trailer court, hotel/motel, office, multifamily residence, garage, shop, structure, mobile or manufactured home park, group of adjacent buildings, or other property utilized by or under an owner/operator with respect to use or supply of water and responsibility for payment therefor.

“Service pipe” means the line that is installed between the water main and the user.

“User” means a water user.

“Water design construction standards” means the city’s water system design standards.

“Water system” means that water and the water system in which it is carried from the city’s water supply source in the water system area.

“Water system area” means area of city limits and urban growth area (UGA) that the city serves or will serve water utility to.

“Water user” means any person(s), firm or corporation that is furnished water through a legal service connection to the water system. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.010 Turning on water.

No water from the city water system shall be turned on for services into any premises by any person other than the public works director or designee authorized by him or her to perform this service. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.020 Application for water service.

Application to have water turned on shall be made to the city clerk’s office, to the city clerk/treasurer or designee. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.030 Plumbing.

A. No water shall be turned on for service in premises in which the plumbing does not comply with the ordinances or standards of the city; provided, that water may be turned on for construction work in unfinished buildings, subject to the provisions of this chapter.

B. All plumbing fixtures and methods of installation shall comply with the requirements of the Uniform Plumbing Code of the International Association of Plumbing and Mechanical Officials, as adopted by the city; provided, however, that if any of these provisions are in conflict with the existing city ordinances, the more restrictive provision shall prevail. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.040 Service connection fee.

A. No connections to a water main shall be made without a permit being issued by the city, utility locate request called in to 811 at least 48 business hours prior and 24 hours’ notice having been given to the public works director or designee, and payment of the connection fee to the office of the clerk/treasurer. All connections shall be made and all such work done at the expense of the applicant, who shall also pay for material necessary for the work. All connections shall be made under the supervision of the public works director or designee. No connections shall be covered until the work has been inspected by him/her or his/her designee within five working days and approved. Applications for such connections must be made to the city clerk/treasurer. Applicants when applying for connection permits shall provide the city clerk/treasurer with an “as-built” diagram, indicating the location and depth of the service line.

B. Connection fees to be paid to the city clerk/treasurer shall be as set forth in the city’s current fee schedule and shall be payable at the time such application is made. Water connection fees do not include the actual costs for materials, labor and administration which will be added to the connection fees in the city’s current fee schedule. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.050 Resale.

No water shall be resold or distributed by the recipient thereof from the city water supply to any premises other than that for which application has been made and the meter installed, except in case of an emergency. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.060 Tampering.

It shall be unlawful for any person not authorized by the city to tamper with, alter or injure any part of the city water or supply system, or any meter; this includes unlawful turning on or shutting off. The city will follow provisions allowed in RCW 80.28.240 if tampering is found to have occurred. General penalties will also be enforced as outlined in Chapter 1.16 NMC. (Ord. 2124 § 1 (Exh. B), 2024)

Article II. Service Pipes

13.08.070 Installation.

All service pipes shall be installed by, and at the cost of, the owner of the premises to be served or the applicant for the services. Such installation shall be under the supervision of the public works director or designee. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.080 Specifications.

All materials shall adhere to and be in compliance with the city’s water design construction standards. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.090 Repairs.

All repairs for service pipes and plumbing systems of buildings shall be made by and at the expense of the owners of the premises served. The city may, in case of an emergency, repair any service pipes and if this is done the cost of such repair work shall be repaid to the city by the owner of the premises served.

The city is only responsible for repairs up to the curb stop. Any repairs past the curb stop will be the responsibility of the owner of the premises. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.100 Excavations.

Excavations for installing service pipes or repairing the same shall be made in compliance with the chapter provisions relating to making excavations on streets; provided, that it shall be unlawful to place any service pipe in the same excavation with, or directly over, any drainpipe or sewer pipe, unless separation can be maintained as outlined in the water design construction standards. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.110 Curb stops.

A. Curb stops or service boxes shall be placed on every service pipe and shall be located between the curbline and the sidewalk line where this is practicable. Curb stops shall be so located that they are easily accessible and shall be protected from frost. Alternative locations may be approved by the public works director for good cause.

B. All water users whose connection to the city water system is not capable of being physically shut off, or without disrupting the service of another user served by the same meter or service line, and whose water charges are not paid as provided in this chapter, shall be assessed a late charge as set forth in the city’s current fee schedule for each water service billing that remains unpaid on the twentieth day of the month following the billing. Enforcement of payment therefor is chargeable to the property owner. Each such delinquency shall be a separate offense.

C. If the premises has multiple water users, such users will be notified of delinquency before water shutoff. The city shall make a good faith and reasonable effort to provide written notice to the service address, which may be in the form of a door notice to all affected parties. (Ord. 2124 § 1 (Exh. B), 2024)

Article III. Meters

13.08.120 Meters required.

A. All premises using the city water supply must be equipped with an adequate water meter furnished by the city but paid for by the user; provided, that such water service may be supplied by the city at a bulk rate of charge until such meter may be installed.

B. Before any premises are occupied, a water meter shall be installed therein as herein required, or application made for such water service at the flat rate of charge until the meter can be installed, or no water shall be furnished to such premises. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.130 Location.

Meters shall be installed in a location that will be of easy access. No meters will be installed inside a dwelling without approval of the public works director or designee. This will be evaluated on a case-by-case basis. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.140 Reading.

The public works director or designee shall read or cause to be read every water meter used in the city on or as close as possible to the fourteenth day of each month to ensure that the billing may be sent out by the last business day of the month. The meters are to be read each month for a six-month period beginning April 14th and ending October 14th. The monthly reading will reflect the period of as close as possible to the fifteenth of the prior month to the fourteenth of the month read. The reading for the six-month period of November through March will be averaged to reflect possible water overages. Meters must be kept clear and accessible to city staff. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.150 Separate meter for each premises.

Each premises shall be separately metered whether under one common ownership or not; provided, however, that the applicant for water service may apply for a single meter at the time of making application for service to the city clerk, and the application shall be directed to the public works director or designee for determination of the advisability of granting such request. The requirements of Chapter 17.03 NMC supplementary standards will also apply. If in conflict, the stricter of the codes shall apply. If there is a change of use at a property or modifications to the property are made after water service is provided, it will be reviewed pursuant to existing ordinances and approved or rejected on a case-by-case basis. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.160 Meter changes.

In the event application is made for the purpose of increasing or decreasing the size of an existing meter or for the relocation of an existing meter, the fee for such service shall be determined under the city’s current fee schedule. If an increase in size is requested the fee will be the charge for the size of meter based on the city’s fee schedule minus the fee for the current meter size. There will be no refund if the size is decreased. Only sizes outlined in the city’s most current fee schedule will be allowed. (Ord. 2124 § 1 (Exh. B), 2024)

Article IV. Rates

13.08.170 Water rates inside city limits.

A. All property upon which any building has been or may hereafter be erected having a connection with any mains or pipes which may hereafter be constructed and used in connection with the city water system shall pay the minimum rates based upon meter size as set forth in the city’s current fee schedule. The monthly rates are calculated based upon the meter size servicing the property and on one equivalent residential unit (ERU), which is the equivalent of 10,000 gallons usage per month. Usage going above this established amount or commercial connections will be charged based on a tiered rate established in the city’s rate schedule.

B. Leaks. Should the owner of the premises identify a leak as the result of a broken water pipe or plumbing, the customer may apply to the finance department for an adjustment under this section.

The owner of the premises must present evidence to the public works director or his or her designee, documenting the existence of a broken pipe or other plumbing fitting, including evidence of repair. Upon review of such evidence, and provided the owner of the premises has not received a waiver in the past 24 months, the city may reduce outstanding charges up to 75 percent. In determining a reduction, the city may review the user’s average amount billed to the premises for similar time periods in previous years, or any other relevant water usage information.

In the event that the user’s water bill is reduced pursuant to the previous paragraph, any sewer overage bill will be reduced by the same amount. If it is determined the leak did not result in water going into the wastewater collection system, any sewer overage will be waived.

The finance department is not authorized to reduce water billings due to broken pipes or fittings if the customer has received a reduction within the previous 24 months due to a broken pipe or fitting. Further, the finance department is not authorized to reduce water billings due to leaking toilets, faucets, hose bibs or other like fixtures. These instances will be reviewed on a case-by-case basis by the city administrator.

In the event strict application of this subsection is deemed by the city administrator to result in grossly excessive water or sewer charges, the city administrator is authorized to make any billing adjustment deemed necessary to avoid a gross injustice.

If no resolution can be made by the above process, customers requesting a reduction of their water billing may request that the city council review the reduction request for resolution. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.180 Dwelling units.

Each dwelling unit within a premises on the same meter shall be entitled to gallons allowed per month and charged for water use as set forth in the city’s current fee schedule. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.190 Overage rates.

For water used in excess of the gallons allowed per month set forth in NMC 13.08.170(A), the rate for such excess is as set forth in the city’s current fee schedule. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.200 Flat rate.

Where water service is supplied by the city before the installation of a water meter, the flat rate of charge for such service shall not be any less than the minimum rates as set forth in the city’s current rate schedule. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.210 Water rates outside city limits.

Minimum water rates to users outside the corporate limits of the city, but contiguous thereto and within the state, shall be the same as those charged for water service inside the corporate limits of the city as set forth in NMC 13.08.170, except that all charges for such water users outside the corporate limits of the city, and all consumption over the gallons allowed per month, shall be computed as set forth in NMC 13.08.190, and the total therefor shall be increased as set forth in the fee schedule. (Ord. 2124 § 1 (Exh. B), 2024)

Article V. Billing

13.08.220 Date sent and due, shutoff date.

Billings for water used shall be prepared and sent out the last working day of each month. All billings sent out are due and payable at the office of the city clerk/treasurer on or before the twentieth day of the month received. In the event that any such bill is not paid by the twentieth day of the month, a late fee will be assessed, and a delinquency notice will be mailed. The delinquency notice will set forth the amount past due and advise the user that unless satisfactory payment arrangements are made prior to the shutoff date, the user’s water service may be disconnected for nonpayment. This disconnection will follow the process outlined in RCW 35.21.217 and 35.21.290.

If a user carries a balance of $25.00 or more which is 90 days past due, they are subject to a door notice. If a door notice is delivered, a door shutoff notice fee in the amount set forth in the city’s current rate schedule will be assessed. The door notice states that if payment is not received by 10:00 a.m. of the following day, or payment arrangements made, water service may be terminated. The city will provide the user with notice of a hearing before the public works director or his or her designee, at which the user can object to the bill. The customer has a right to appeal the decision by the public works director or his or her designee to the city council.

If water is turned off, a shutoff fee will be assessed against the property. The user’s bill must be paid, four months’ charges, before water service will be restored.

Late fees, service restoration fees and other such fees may be reduced or waived by administration. The customer has a right to appeal the decision to the city council. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.230 Shutoff for nonpayment.

A. The water supply may be shut off to any premises for which the water billing remains unpaid beyond the period set forth in NMC 13.08.220. After water service has been shut off, the water service shall not be restored except upon payment of the amount of four months’ charges or balance, whichever is less.

B. During a heat-related event as prescribed by the National Weather Service, no residential service disconnects will be performed due to nonpayment. Requests for reinstatement of residential services that have been disconnected due to nonpayment will be attempted within a prompt timeline as outlined in RCW 35.21.302. Requestor will be required to enter into a payment plan prior to reconnection and must have outstanding balance paid by May 15th of the following year or as close as possible to May 15th if the repayment schedule has payments above six percent of monthly income. Only six percent of income will be required for the repayment plan. If the repayment plan is not followed, service will be shut off.

C. Disputes. If there is a dispute of the amount owed by the owner, a hearing before the city clerk/treasurer or his or her designee will be scheduled prior to shutoff of services. If after the hearing the dispute is not resolved, the owner has the right to appeal before the city council. The council decision shall be final. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.240 Construction contractors.

During the construction of any building and before any water is installed as is herein provided the contractor so constructing such building may be permitted to use the city water supply by making application therefor and paying the bulk water fee as set forth in the city’s current fee schedule. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.250 Charges constitute lien.

Charges for water shall be a lien upon the premises as provided by RCW 35A.21.100, and shall be filed and foreclosed in accordance with RCW 35.21.290 and 35.21.300. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.260 Abandoned connection.

Whenever any connection to the water system is abandoned, because the building to which the water connection is made has been destroyed or removed and no base charge has continued to be paid for at least three years, the public works director or designee may remove the meter and any pipe or connections in the public right-of-way or easement, and cap, plug or otherwise seal the pipe or main. Before taking any such steps, the public works director or designee shall notify the owner of the premises, if the owner’s name and address is known or can be reasonably ascertained. Such notice shall be made by mail, at least 30 days before any action is taken under this section. If water is leaking, the public works director or designee may take immediate action and send the notices within three working days of the time action was taken. If a service has been abandoned and the pipe or main has been capped, plugged or otherwise sealed, a connection fee as set forth in the city’s current fee schedule must be paid before establishing service again. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.270 Unlawful connection.

No person, firm or corporation shall make any connection to the water system of the city without the permission of the city. Penalties shall be as set forth in Chapter 1.16 NMC. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.280 Theft of service.

It shall be unlawful for any person to acquire water from the city by bypassing a meter, tampering with a meter, removing water from any city fountain or hydrant into a bulk container, or by any other means without the written approval of the city. Penalties shall be as set forth in Chapter 1.16 NMC. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.290 Water late charge.

In the event that a water bill is not paid on or before the twentieth day of the month received, a monthly late charge in the amount set forth in the city’s current fee schedule will be assessed, which shall be paid with the payment of the water bill. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.300 Water annual payment election.

The user may elect to pay a calendar year’s water service charges in advance. The charge shall be determined by multiplying the monthly base charge on that billing profile by 12 and then receiving a discount as determined by the city’s current fee schedule. If water usage exceeds monthly allowed usage a billing will be prepared for the overage. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.310 Voluntary turnoff.

Should any water user desire to have the water service discontinued for any reason, the user shall make application to the city clerk and pay the fee set forth in the city’s current fee schedule. This fee includes both the actions of shutting off and turning on. (Ord. 2124 § 1 (Exh. B), 2024)

Article VI. Unmetered Water for Fire Protection Devices

13.08.320 Fire protection device defined.

A fire protection device shall be any device or system used exclusively for fire protection, which is connected to the city water main without passing through a meter, to provide emergency water service to a system of sprinkler heads. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.330 Standby water fee.

A monthly fee, as set forth in the city’s current fee schedule, is fixed for unmetered standby water service for fire protection devices. (Ord. 2124 § 1 (Exh. B), 2024)

Article VII. Special Provisions

13.08.340 City fire hydrants.

The city shall pay for each city-owned fire hydrant the sum set forth in the city’s current fee schedule, which shall be deposited to the city water fund. These charges shall be paid from the city current expense fund annually. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.350 Office rent.

There is fixed an annual rental as set forth in the city’s current fee schedule for the office space used by the city water department, which shall be paid from the city water fund and deposited to the city current expense fund. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.360 Conservation.

The city hereby declares that it is in the best public interest to promote the conservation of the city water supply in order to protect the health, welfare and safety of the water users and their property. To accomplish this declared purpose the city, through the mayor or their designee, reserves the right to exercise the following emergency measures through the public works director or their designee:

A. To fix reasonable hours and days for the sprinkling of lawns as may be necessary to maintain an adequate water level in the city reservoirs.

B. Upon fixing such hours and days, notice thereof shall be given to the water users by publication and posting as is otherwise provided for public notices.

C. The city council shall be provided with a monthly update by the city administrator or designee during the period of such curtailed water usage.

D. In the event the water supply shall be diminished to the extent the health, welfare and safety of the water users shall be endangered, the mayor and city administrator must be immediately notified so further emergency action can be taken. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.370 Protection of the water distribution system.

The city hereby declares that it is in the best interest to protect the water distribution system from possible damage by the elements, or otherwise. To accomplish this declared purpose the city, through the mayor, city administrator, public works director or designee, reserves the right to exercise the following emergency measures:

A. To permit the running of water during freezing weather in order to prevent interruption of water service due to freezing.

B. To regulate the water users who are allowed the running of water for said purpose and provide a list of said users to the city clerk/treasurer.

C. To exempt such water users from the payment of water overages during the period allowed.

D. In the event that a water distribution system shall be subject to damage from any other causes, to report such fact immediately to the mayor and city administrator for further emergency action. (Ord. 2124 § 1 (Exh. B), 2024)

13.08.380 Privately owned unmetered fire hydrants.

There is fixed a monthly charge as set forth in the city’s current fee schedule for unmetered privately owned fire hydrants. (Ord. 2124 § 1 (Exh. B), 2024)

Article VIII. Penalty

13.08.390 Penalty for violation.

It is unlawful for any water user to violate any of the terms and conditions provided in this chapter. Upon conviction of any such violation the person so charged shall be subject to the penalties established in NMC 1.16.010. (Ord. 2124 § 1 (Exh. B), 2024)