Chapter 13.12 WATER RATES

The word “utility superintendent,” whenever used in this chapter, shall be held and construed to mean the utility superintendent of the city. The word “person,” whenever used in this chapter, shall be held to mean and include natural persons of either sex, associations, copartnerships, and corporations, whether acting by 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. The word “premises,” whenever used in this chapter in reference to residence, shall be held and construed to mean a single dwelling unit. The words “outside the city limits,” whenever used in this chapter, shall be construed to mean and relate to territory situated beyond the corporate limits of the city of North Bend. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 1, 1980. Formerly 13.08.010).

13.12.020 Form.

Applications for the use of water in the city’s water service area must be made on printed forms furnished by the city, whereon the applicant must state fully and truly all the purposes for which the water may be required, and must agree to conform to the rules and regulations as a condition for the use of the water. All new services shall be metered. Water shall be furnished at metered rates. The monthly charge for water shall in no case be less than the minimum charge for one month. All meters, meter boxes, and service lines from the main to the meter and valve shall be and remain the property of the city.

Water availability certificates are sometimes necessary for land use proposals and use of water outside the city limits. The fee for a water availability certificate issued by the city shall be as established by the taxes, rates and fees schedule adopted by ordinance.

The fee for water service application and review shall be as established by the taxes, rates and fees schedule adopted by ordinance. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1375 § 1, 2010: Ord. 1237 § 9 (part), 2005: Ord. 526 § 2, 1980. Formerly 13.08.020).

13.12.030 Use of water.

No person supplied with water from the city mains will be entitled to use it for any other purpose than those stated in his or her application for the water connection service from the city. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 3, 1980. Formerly 13.08.030).

13.12.040 Arrangement of service pipes.

The service pipes must be so arranged that the supply to each house or premises may be controlled by a separate water meter setter placed within the right-of-way and near the line of the street curb, and one person must pay for all water used through said services for his own use or the use of others to whom it may be accessible. (Ord. 1666 § 10, 2018: Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 4, 1980. Formerly 13.08.040).

13.12.050 Service to several houses.

Where water is now supplied through one service to several houses, families, or persons, the utility superintendent may either decline to furnish water until separate service is provided or may meter this service at the owner’s expense. In no case shall the separate minimum service charge for each house, family, or person served be less than the minimum charge for one metered service. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 5, 1980. Formerly 13.08.050).

13.12.060 Service pipe placement – Size.

When a permit for the introduction of water has been granted, service pipe and connections from the main to and including the stopcock and meter will be put in by the customer and maintained by the water department and kept within the department’s exclusive control. In case of application for water service on premises not abutting upon a street upon which there is a city water main and upon approval by the department, the customer will lay its service pipe and connections and extend the service to the premises of the applicant along and beneath any public street or avenue of the city. No premises shall be allowed to have more than one service connection, except the connection for fire purposes as hereinafter defined; provided, that in the case of industrial or commercial use, two or more connections may be allowed in which case each meter shall be read and computed separately. (Ord. 1666 § 11, 2018: Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 6, 1980. Formerly 13.08.060).

13.12.070 Installation fees.

A. The additional charges for the installation of meters and water service connections shall be as established by the taxes, rates and fees schedule adopted by ordinance.

B. The charge for a meter drop to an existing service connection shall be as established by the taxes, rates and fees schedule adopted by ordinance. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1237 § 9 (part), 2005: Ord. 526 § 7, 1980. Formerly 13.08.070).

13.12.080 Placement in relation to sidewalk.

The service pipes from the water meter setter to the building must be placed as prescribed in the city’s public works standards. (Ord. 1666 § 12, 2018: Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 8, 1980. Formerly 13.08.080).

13.12.090 Protection of water meter setter from frost.

Repealed by Ord. 1666. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 9, 1980. Formerly 13.08.090).

13.12.100 Responsibility for repair of service pipe.

A. The maintenance and repair of the service pipe on the user side of the water meter setter is the responsibility of the owner of the premises being served. The owner shall keep said service pipe in good working order.

B. In the case of a leak in the service pipe, the owner may be entitled to an adjustment on his water bill; provided, that within seven days of the leak’s discovery by the owner or within seven days of the city notifying the owner of a probable leak, whichever sooner occurs, the owner submits to the city an invoice showing that the leak has been repaired. A leak adjustment shall be available to the owner at the discretion of the city administrator or his designee.

C. If the conditions in subsection B are met, then the water bill in the month the leak is detected shall be adjusted. The adjusted rate for the month in which the leak was detected shall be equal to the average of the water charges of the three-month period consisting of the same month from the previous year as the month the leak was discovered, and the month before and after the previous year. Said three-month average shall be the adjusted rate for the month in which the leak was detected. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1408 § 2, 2010; Ord. 1002 § 1, 1996; Ord. 678 § 1, 1986: Ord. 526 § 10, 1980. Formerly 13.08.100).

13.12.110 Permission required for alteration.

No person will be allowed to make connections with the city mains or to make alterations in any conduit pipe or other fixtures connecting therewith or to connect pipes where they have been disconnected, or to turn off or turn on water on any premises without permission from the city utility superintendent. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 11, 1980. Formerly 13.08.110).

13.12.120 Extension of water mains.

All persons desiring extensions of water mains maintained by the city shall be charged the actual costs of materials, labor, equipment rentals and fringe and overhead costs. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 12, 1980. Formerly 13.08.120).

13.12.130 Rates established.

Monthly charges shall apply to water supplied from the city of North Bend’s water distribution system as established by the taxes, rates and fees schedule adopted by ordinance for the following classes of accounts:

A. Single-family residential units inside the corporate city limits (including units in duplexes, triplexes, apartment houses, condominiums, trailer courts, and other multifamily dwellings), where each unit is supplied with a separate metered water service connection, shall pay the base charge plus an additional charge for each cubic meter of water consumed.

B. Single-family residential units, duplexes, triplexes, apartment houses, condominiums, trailer courts, and other multifamily dwellings inside the city limits that are jointly served by only one metered water service connection shall pay the base charge plus an additional charge for each cubic meter of water consumed.

C. Mixed-use buildings (those buildings consisting of any combination of residential and commercial uses inside the corporate limits of the city) that are served by only one metered water service connection shall pay according to the following methodology:

1. One commercial base charge determined by the actual water meter’s size, regardless of the number of commercial businesses in the building;

2. One multifamily base charge determined by the actual water meter’s size, regardless of the number of residential units in the building; and

3. An additional volume charge at the commercial rate for each cubic meter of water consumed.

D. All other uses within the corporate city limits shall pay the specified base charge plus an additional charge for each cubic meter consumed.

E. Single-family residential units outside the city limits including units in duplexes, triplexes, and other multifamily dwellings that are served by separate water meter connections shall pay the specified minimum charge plus the charge for each cubic meter consumed.

F. Single-family residential units, duplexes, triplexes, apartment houses, condominiums, trailer courts, and other multifamily dwellings located outside the city limits that are jointly served by only one metered water service connection shall pay the base charge plus an additional charge for each cubic meter of water consumed.

G. All other users outside the city limits shall pay the specified base charge plus an additional charge for each cubic meter of water consumed.

H. The charges relating to water companies, water associations, water districts, and water processors shall be as established by the taxes, rates and fees schedule adopted by ordinance.

I. Any customer account within the corporate limits of the city serviced by meter connections solely for lawn, garden or landscape watering or other irrigation purposes shall pay the specified base meter charge plus an additional charge for each cubic meter of water consumed.

J. Contractors may request a temporary connection to the city’s water system to obtain water for construction purposes. The city shall determine the location of such a temporary connection, if permitted. The contractor shall pay a deposit for the installation of a water meter and backflow preventer, refundable upon termination of the temporary connection if the meter and backflow preventer remain in good working condition. The contractor shall pay an additional fee for a hydrant permit and an administrative fee for each day that the water meter remains installed. The contractor shall pay an additional charge for each cubic meter of water consumed during the temporary connection.

K. The base rate charged in the taxes, rates and fee schedule shall be determined by the size of the meter serving the premises.

L. In addition to any applicable charges set forth in this section, all users responsible for payment of any such charges shall pay a monthly surcharge equal to six percent of the total monthly charges owed by such user to the city for water services. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1521 § 1, 2014: Ord. 1506 § 1, 2013: Ord. 1422 § 1, 2011: Ord. 1410 § 1, 2010: Ord. 1375 § 2, 2010; Ord. 1237 § 9 (part), 2005: Ord. 1067 § 1, 1999; Ord. 1012 § 1, 1997: Ord. 984 § 1, 1996: Ord. 867 § 1, 1991: Ord. 639 § 1, 1984: Ord. 526 § 13, 1980. Formerly 13.08.130).

13.12.135 Water companies, water associations, water districts and water processors – Alternate rates.

The council may authorize the mayor to enter into a contract with any water company, water association, water district, or water processor for the provision of water by the city at a rate established by the taxes, rates and fees schedule adopted by ordinance; provided, that the rates established pursuant to any such contract shall be reasonable and shall be available to all public entities purchasing water from the city; and provided further, that the rates established pursuant to any contract with a private entity shall fairly compensate the city for providing water to such private entity. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1237 § 9 (part), 2005: Ord. 1012 § 2, 1997: Ord. 984 § 2, 1996: Ord. 867 § 2, 1991: Ord. 616 § 1, 1984. Formerly 13.08.135).

13.12.140 Due date and delinquent charges.

All charges for water supply during a monthly period shall be due and payable upon billing. In addition, any account not paid within 30 days of billing shall be charged a delinquency charge as set forth in NBMC 13.40.070 and shall accrue interest at the maximum lawful allowable rate on the unpaid balance from the due date until paid in full. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1419 § 1, 2011: Ord. 1237 § 9 (part), 2005: Ord. 686 § 1, 1986: Ord. 613 § 1, 1984. Formerly 13.08.140).

13.12.150 Delinquent charges.

The city shall have a lien for delinquent and unpaid charges for utility services supplied to the premises and such lien shall be enforceable in the manner as provided by law, including the discontinuance of all city utility services. The discontinuance of service shall be in addition to all other methods of collection and enforcement provided by city ordinance or state statute. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 723 § 14, 1987: Ord. 651 § 1, 1985: Ord. 613 § 2, 1984. Formerly 13.08.150).

13.12.160 Monthly charges.

The water rates will be charged to the property owners on a monthly basis without reduction for periods of unoccupancy unless the property owner requests the utility superintendent of the city to disconnect the water supply to the property. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 16, 1980. Formerly 13.08.160).

13.12.165 Connection charges – Segregation of land.

Repealed by Ord. 935. (Ord. 620 § 1, 1984).

13.12.170 Water companies.

For the purpose of this chapter, a water company means any corporation, company, association, joint stock association, partnership, or person, their lessees, trustees or receivers appointed by any court which is engaged in the distribution, sale, or furnishing of water, either for domestic, irrigation, or any other purposes. Water companies shall not be permitted within the corporate boundaries of the city. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 17, 1980. Formerly 13.08.170).

13.12.180 Responsibility for meters.

A. All meters shall be and remain the property of the city and may be installed or removed at the direction of the utility superintendent.

B. In the event of a meter getting out of order and failing to register properly, the consumer shall be charged at the average daily consumption as shown by the meter during the corresponding three-month period of the preceding year. In all cases where meters are lost, injured, or broken by carelessness or negligence of the owners or occupants of the premises, they shall be replaced or repaired by or under the direction of the utility superintendent and the costs charged against the owner or occupant, and in the case of nonpayment, the water service will be terminated and will not be turned on until such charges and the charge for turning on the water are paid. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 18, 1980. Formerly 13.08.180).

13.12.190 Meters for building purposes.

Contractors may, for building purposes, make application for water by meter, and the water department shall set a meter upon approval of said application. Payment shall be made in advance by such contractor for the estimated cost of setting and removing the meter. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 19, 1980. Formerly 13.08.190).

13.12.200 Keeping access to meter unobstructed.

Water consumers shall keep their premises adjacent to the meter free from all rubbish or material of any kind which will prevent the employee of the water department from having access to the meter. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 20, 1980. Formerly 13.08.200).

13.12.210 Meter disconnection.

It is unlawful for any person to disconnect or remove any meter when installed, as provided by this chapter. In case it is necessary to move a meter, notice shall be given to and written permission obtained from the water department. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 21, 1980. Formerly 13.08.210).

13.12.220 Forbidding use for irrigation or sprinkling.

The city reserves the right to make an order forbidding the use of city water for irrigation or sprinkling purposes in the event of a water shortage. Whenever the mayor, in consultation with the utilities superintendent, decrees that there is a water shortage, the mayor shall sign an emergency order and proclaim the use of water for washing cars, watering lawns or irrigating gardens to be prohibited and shall publish the order in the local newspaper and shall further specify such restrictions that he deems necessary to conserve water during the periods of water shortage. Any person violating such order shall be subject to a charge as established by the taxes, rates and fees schedule adopted by ordinance as a civil penalty for each offense and the utilities superintendent shall have the authority to terminate the water service to the violator’s premises. In no case shall the water be turned on for the use of such offender until such civil penalty has been paid and the charge provided in NBMC 13.40.070 has been paid to the city. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1237 § 9 (part), 2005: Ord. 526 § 22, 1980. Formerly 13.08.220).

13.12.230 Defacing fixtures.

It is unlawful for any person to break, deface, or damage any water meters, gate, pipe, or other waterworks appliance or fixture, or in any other manner interfere with the proper operation in any part of the water system of the city, and anyone found violating any of these provisions, unless otherwise provided for, shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as for other misdemeanors as provided by law. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 526 § 23, 1980. Formerly 13.08.230).

13.12.240 Inspection.

Agents of the water department shall have access at all proper hours of the day to all parts of the buildings or premises in which water may be delivered from the city mains, for the purpose of inspecting the condition of the pipes and fixtures, and the manner in which the water is used. Upon refusal to permit such inspection, water service may be disconnected and shall not be reconnected until such inspection is permitted, and all delinquent water rates, together with the proper turn-on charges, have been paid. There shall be an inspection fee as established by the taxes, rates and fees schedule adopted by ordinance and a capital improvement charge for the meter size being used by the property owner for meter installations installed by noncity employees. See the taxes, rates and fees schedule for the capital improvement charge. (Ord. 1622 § 1 (Exh. A (part)), 2017: Ord. 1237 § 9 (part), 2005: Ord. 526 § 24, 1980. Formerly 13.08.240).

For statutory provisions regarding service rates for municipal water system, see RCW 35.92.010.