Chapter 13.06 WATER SERVICE ADMINISTRATIVE CODE*

In addition to being an administrative code for the city regulating applications and contracts for water service, water use and use of city property, connections and disconnections of water service, use of water meters, billings, adjustments in billings, payment of billings, action taken on delinquent accounts, termination of water service for nonpayment, collection of unpaid accounts, commercial fire protection service, line extensions, hydrant use, operation and installation, and pressure reducing valves use, operation and installation, these regulations are a part of all written contracts for furnishing and receiving water service. A copy of these regulations shall be available for public inspection in the city office during regular business hours. (Ord. 302 § 1.2, 1980)

13.06.020 Definitions.

The following terms wherever used in this chapter, the city’s rate schedules, and in any application or contract for water service, shall have the following meanings, unless otherwise clearly stated. Unless some other meaning and intent are apparent from the context, the plurals shall include the singular and the singular shall include the plural, and masculine, feminine and neuter words shall be used interchangeably.

1. “Applicant” means one who makes a written or oral application to the city for city action.

2. “Backflow” shall have the same meaning as given that term by WAC 248-54-830(3), as it currently reads or is hereafter amended.

3. “Backflow prevention device” shall have the same meaning as given that term by WAC 248-54-830(4), as it currently reads or is hereafter amended.

4. “Back pressure” shall have the same meaning as given that term by WAC 248-54-830(3)(a), as it currently reads or is hereafter amended.

5. “Back siphonage” shall have the same meaning as given that term by WAC 248-54-830(3)(b), as it currently reads or is hereafter amended.

6. “City” means the city of Ocean Shores, Washington, a duly organized noncharter code city.

7. “City manager” means the duly appointed manager of the city.

8. “City office” means City Hall, presently located on Point Brown Avenue, Ocean Shores, Washington, with business hours of eight a.m. to five p.m., Monday through Friday, except holidays.

9. “City standard practices” means those practices set forth in the American Water Works Association Meters, Pipe and Tank Manual of Standards, as amended, or until such time as the city prepares such a manual. After the city has prepared a meters, pipe and tank manual of standards, “city standard practices” means those practices set forth in that manual, as amended.

10. “Commercial water service” means all water service, including the availability of water service, other than residential water service.

11. “Council” means the city council of the city.

12. “Cross-connection” shall have the same meaning as given that term by WAC 248-

54-830(5), as it currently reads or is hereafter amended.

13. “Customer” means any individual, firm, corporation, or organization who is owner or reputed owner, as shown on the tax rolls obtained by the city from the office of the Grays Harbor county treasurer, of a premises, or in the alternative, upon the approval of the city, any individual, firm, corporation, or organization who upon written application therefor, notifies the city and assumes responsibility for the payment of a customer’s account.

14. “Customer’s account” means any obligation of a customer to the city which is due and payable.

15. “Lot” means a lot as platted or created by subsequent division of a lot or parcel, or an equivalent lot as depicted by the city engineers on the utility lot designation maps of the city on file in the office of the city clerk/treasurer; provided, however, that in cases where a structure physically occupies parts of two or more lots, such lots shall be deemed to be one lot for the purposes of this chapter.

16. “Mains” means water lines owned by the city and designed or used to serve more than one premises.

17. “Point of delivery” means that point, usually on a property line of the customer’s premises, on the discharge side of the city’s meter (or other agreed point) where the customer’s service line is connected to the system.

18. “Premises” means a parcel of real property under the ownership and single control with respect to use or availability of water and responsibility for payment therefor which is receiving or is to receive water service.

19. “Regulations” means the water service regulations set forth in this chapter.

20. “Residential water service” means all water service to residentially zoned property, whether such property is developed or undeveloped.

21. “Service installation” means all city piping and fittings from a main to and including a water meter and meter box.

22. “Customer line” means all piping and fittings on the customer’s side of the water meter.

23. “Temporary service” means water service which is of limited duration and not expected to be permanent.

24. “WAC” means the Washington Administrative Code published by the state Statute Law Committee.

25. “Water consumption” means water use as measured by a water meter.

26. “Water service” means water service to connected lots and water service to unconnected lots.

27. “Water service to connected lots” means the supply of water by the city at a point of delivery for use by the customer, irrespective of whether water is actually used.

28. “Water service to unconnected lots” means the maintenance and operation, including financing, of the water system in such a manner as to make water and the water system available to unconnected lots.

29. “Water superintendent” means the city employee responsible for the water system.

30. “Water system” means all water source and supply facilities, transmission pipelines, storage facilities, pumping plants, distribution mains and appurtenances, vehicles, materials storage facilities and buildings owned or hereafter acquired by the city.

(Ord. 458 § 1, 1988; Ord. 358 §§ 1, 2, 5 and 6, 1983; Ord. 302 § 1.1, 1980)

13.06.030 Application and contract for water service generally.

A. Any individual, firm, corporation or organization desiring to purchase water from the city shall make application therefor, upon a printed application form to be furnished for the purpose, entitled “Application to and contract with City of Ocean Shores, Washington,” signed by the applicant and filed in the city office.

B. Upon the city’s acceptance of the application, a contract shall be formed between the customer/applicant and the city. These regulations, as amended, including all provisions concerning the collection of unpaid accounts, and the city’s water rate schedules shall be a part of that contract, and as a term of that contract, the customer expressly agrees to be bound by the terms of these regulations and grants to the city the right to amend these regulations and to change the rates set forth in its rate schedule and agrees to pay those rates as they are changed.

(Ord. 302 § 2.1, 1980)

13.06.040 Applications for water service.

All applications for water service shall show, together with such other information as may be prescribed on the form provided by the city:

A. The name and mailing address of the applicant and, if appropriate, the name and mailing address of an individual who is authorized to act on behalf of the applicant;

B. The name and mailing address of the owner of the premises to be served if other than the applicant;

C. A billing address for the customer;

D. The legal description of the premises for which water service is sought;

E. The lot, block, and division, or official house number assigned to the premises, and the name of the street upon which the premises are or are to be located;

F. The purpose of the water service; and

G. The number of units within the premises to be supplied water service.

(Ord. 358 § 7, 1983: Ord. 302 § 2.2, 1980)

13.06.050 Acceptance of application.

Acceptance by the city of a water service application shall create a contract between the city and the applicant/customer which shall incorporate, as terms additional to those general terms set forth in Section 13.06.030, those special conditions and provisions contained in the application which are approved by the city, including, but not limited to a statement that in the event legal action is necessary to collect a water service debt owed to the city, the prevailing party in such action will be entitled to a reasonable attorney fee and his costs. (Ord. 358 § 8, 1983: Ord. 302 § 2.3, 1980)

13.06.060 Customers served by other water sources.

No water service shall be supplied applicants whose premises are served by water from a source other than the water system, except that premises served with irrigation water from a well may be served with domestic water service, provided there are no cross-connections. (Ord. 302 § 2.4, 1980)

13.06.070 Customer’s responsibility for city’s property.

A. The customer, if requested, shall provide space for and exercise proper care to protect any city property on his premises. This may include meters, meter pits, meter boxes, fittings, pipes and other facilities installed by and remaining the property of the city.

B. In the event of loss of or damage to the city’s property because of the customer’s negligence or abuse, the customer will be required to pay the cost of repairs or replacement.

(Ord. 302 § 3.1, 1980)

13.06.080 System disturbances and pressure fluctuations.

A. Water service shall not be utilized in such a manner as to cause severe disturbances or pressure fluctuations to other customers.

B. The city reserves the right to refuse to provide water service to any applicant therefor and to terminate, pursuant to the procedures of Sections 13.06.470 through 13.06.490, the water service of any customer when such water service would or does interfere with the city’s service to its other customers, cause abnormal demands upon the water system, or result in financial loss to the city, be discriminatory, or when the applicant or customer has not complied with these regulations.

C. Whenever or wherever the city finds that protective devices are necessary to protect a customer’s property, the property of other customers, or the property of the city, the city shall require the installation and maintenance of such devices to be paid for by the customer whose water service or water consumption creates the need for such protective devices.

D. Where equipment causing violent fluctuations in water demand is or is to be used by a customer and the city determines that such fluctuations may be detrimental to the water service of other customers, the city may require the customer to provide at his own expense, equipment which will reasonably limit such fluctuations.

(Ord. 302 § 3.2, 1980)

13.06.090 Notice of water service problems.

Each customer shall report immediately and give prompt written notice to the city of any defect, trouble or accident affecting that customer’s water service. (Ord. 302 § 3.3, 1980)

13.06.100 Customer’s responsibility to prevent backflow.

A. Backflow prevention devices, when required to be installed in the opinion of the water superintendent or a state certified district representative, shall be installed and maintained by the customer on any service line where said backflow prevention devices are necessary for the protection of the system.

B. The entire cost of installing a backflow prevention device shall be borne by the customer, and the installed device shall be owned and maintained by the customer. Inspection of such devices may be made periodically by a city representative, but it shall be the customer’s responsibility at all times to maintain his backflow prevention device in a fully functioning condition.

(Ord. 302 § 3.4, 1980)

13.06.110 Customer water supply failure.

A. If the customer’s water service fails, he shall endeavor to determine if he has a broken service line or a broken pipe inside or under the structure on the premises occupied by the customer. For the purpose of making such a determination, each customer is required to install a shutoff valve between that customer’s service line and the plumbing and piping on the premises occupied by the customer.

B. If a city employee is sent to the customer’s premises at the customer’s request after regular working hours, and it is determined that the problem is caused by the failure of the customer’s service line or plumbing or piping on the customer’s side of the meter, a charge as specified in Section 13.12.100(D) shall be made.

(Ord. 358 § 9, 1983; Ord. 302 § 3.5, 1980)

13.06.120 Temporary service.

Customers requiring service classified by the city as temporary service shall be required to pay all costs incurred by the city for connection and disconnection of such service and to pay the rates established for water service by the city’s water rate ordinance. (Ord. 302 § 3.6, 1980)

13.06.130 Resale of water.

Water is not to be resold by the customer, except by written permission of the city. In no case may the resale rates charged by a nongovernmental customer exceed the rates charged by the city for similar service. (Ord. 302 § 3.7, 1980)

13.06.140 City right of access.

By applying for and receiving water service from the city, the customer grants the city and its authorized employees and agents the right to install and maintain its water service and service installation facilities on the premises of the customer, to carry out its contract to supply water, 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 or other service installation facilities of the city, to inspect customer owned backflow prevention devices, and to inspect all customer water and sewer facilities to ensure there are no cross-connections. (Ord. 302 § 3.8, 1980)

13.06.150 Plumbing inspection by city.

By applying for and receiving water service from the city, the customer grants the city and its authorized employees and agents right to inspect the plumbing on the customer’s premises before, during and after the time water service is supplied. However, the grant of a right to so inspect does not carry with it an obligation to inspect, and any such inspection, or lack of inspection, shall not be construed as placing upon the city any responsibility for the condition or maintenance of the customer’s plumbing, nor does it guarantee the absence of cross-connections in the customer’s service line or plumbing. (Ord. 302 § 3.9, 1980)

13.06.160 Interruption of service.

A. The city reserves the right temporarily to suspend water service to make repairs or improvements to the water system, and may do so without notice to the customers. Whenever and wherever practicable, the city will give reasonable public notice of such temporary suspensions of water service to its customers and to make all improvements and repairs at such times as to cause the customer the least inconvenience possible.

B. The city reserves the right to disconnect water service without notice to prevent unauthorized water use, to protect city property, to prevent cross-connections and otherwise to prevent health hazards. Notice of any disconnection of cross-connections shall be given as is provided by Section 13.06.250.

C. In case the supply of water is interrupted or fails by reason of accident or any other cause whatsoever, the city shall not be liable for damage for such interruption or failure, nor shall such failure or interruption be held to constitute a breach of contract on the part of the city or in any way relieve the customer from performing the obligations of his contract. The city does not guarantee its water service and shall not be liable for injury, loss or damage resulting from failure to provide such service.

(Ord. 302 § 3.10, 1980)

13.06.170 Relocation of equipment at customer’s request.

A customer who desires to have his point of delivery moved to a new location on the premises shall apply in writing at City Hall for such relocation at least fourteen days in advance of the desired relocation date. The city shall relocate the customer’s point of delivery as soon as practicable following its receipt of the customer’s application therefor on the condition that the customer pays in advance the entire cost of relocating the meter and other service installation facilities. It shall be the customer’s responsibility to relocate, at his own expense, the customer service line to the new point of delivery. The city, during one visit to the premises, if possible, will disconnect the old service lines at the old point of delivery and reconnect the new service installation at the new point of delivery. (Ord. 358 § 10, 1983: Ord. 302 § 3.11, 1980)

13.06.180 City corrections of regulations violations.

If a customer takes action in violation of these regulations or fails to take action required by these regulations, the city may take such action and incur such expense as is necessary to cause that customer to be in compliance with these regulations. Any expense incurred by the city to cause a customer to be in compliance with these regulations shall be billed to and paid by the customer and enforced by the city in the manner provided in Sections 13.06.320 through 13.06.510, inclusive, of these regulations. (Ord. 302 § 3.12, 1980)

13.06.190 Emergency conditions.

In case of shortage of water, the city may give preference in furnishing water to customers in order to safeguard the safety and health of the general public most effectively or to provide for the public convenience; may forbid, restrict, or regulate the use of water for irrigation, cooling, or other uses; and may make such regulations effective throughout the city, in districts thereof or may make such regulations effective as to particular classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures authorized in this section. (Ord. 302 § 3.13, 1980)

13.06.200 Water service connection.

A. The costs of water service connection and water service are set forth in Chapter 13.12.

B. For premises having a single point of delivery, the water rates of the city are based upon the supply of water service to the entire premises through a single point of delivery and metering. For premises having more than one point of delivery served by the city, each point of delivery will be separately metered and billed. Unless otherwise specified in a special contract, the city will not aggregate the metering of separate points of delivery.

C. Additional costs for water service may be required if the water service will be connected to a main previously constructed under the city’s line extension policy.

D. No customer’s water service may utilize a meter smaller than five-eighths by three-fourths of an inch, nor shall any customer’s service line be longer than three hundred feet from the meter at the customer’s point of delivery to his shutoff valve without the written permission of the city. Permission to own a service line which is longer than three hundred feet from the meter at the customer’s point of delivery to his shutoff valve may be given only if the customer owning such a service line agrees in writing to release the city from any and all claims the customer may assert or assert in the future against the city or its successors for inadequate water service.

E. The customer’s service line must be buried at a depth of twenty-four inches beneath the surface, extend eighteen inches beyond the boundary of the premises served and be located such that termination of the service line will be at the water meter.

F. The city will install the meter and meter box ready for connection to the customer’s service line.

G. There shall be no cross-connections.

(Ord. 358 § 12, 1983; Ord. 302 § 4.1, 1980)

13.06.210 Changed service capacity or nonstandard service.

A. A customer desiring a change in the capacity of his water service connection or water meter to increase or decrease water supply (changed service capacity) or the installation of specialized equipment for service at other than standard pressures and pressure regulation (nonstandard service) shall apply in writing at the city office for such changed service capacity or nonstandard service at least fourteen days in advance of that customer’s need therefor in order to allow the city to evaluate the application and to provide the facilities necessary to accommodate the customer’s request.

B. Each application for changed service capacity or nonstandard service shall be evaluated by the city to determine if the change in service capacity or nonstandard service requested will be detrimental to the city’s ability to supply water to its other customers or will be economically feasible.

C. If it is determined by the city that the requested change in service capacity or nonstandard service will not impair the city’s ability to provide full water service to its other customers, and if it is determined by the city that it will be economically feasible to fulfill the customer’s request, the city will provide the facilities necessary to accomplish the requested changes in service capacity or nonstandard service on the condition that the customer making the request pay in advance the cost of the facilities to be provided as well as the cost of their installation.

(Ord. 302 § 4.2, 1980)

13.06.220 Notice of change of occupancy.

When a change of occupancy or ownership of a premises or responsibility for payment of water service to any premises or structure on any premises takes place, written notice of such change shall be given to the city at City Hall. (Ord. 358 § 13, 1983: Ord. 302 § 4.3, 1980)

13.06.230 Removal of water meter.

Customer may request removal of the water meter to a connected lot by notifying the city in writing of that request at least five working days in advance of the desired removal date. The city shall read the meter for a final bill on the date of removal. All moneys owing the city for services as of the date of removal shall be due and payable upon presentation of the final billing. (Ord. 358 § 14, 1983: Ord. 302 § 4.4, 1980)

13.06.240 Unauthorized connections.

No person, other than the water superintendent or a duly authorized city employee acting under the authority of the water superintendent, shall tap into or make any connection with the water system. (Ord. 302 § 4.5, 1980)

13.06.250 Cross-connections.

A. Cross-connections and the use of backflow prevention devices shall be regulated in the manner provided by WAC 248-54-820 through 248-54-850, inclusive, as those sections now read or are hereafter amended.

B. Notice of any disconnection of water service because of the existence of a cross-connection causing an immediate hazard to health shall be in substantially the following form and shall be delivered to the customer and posted on the customer’s premises:

Water service at (address of Premises) has been discontinued. For information regarding restoration of water service, contact City of Ocean Shores, Washington, at City Hall located on Point Brown Avenue, Ocean Shores, Washington, or by telephone at 289-2486.

(Ord. 302 § 4.6, 1980)

13.06.260 Meter reading.

A. Meters shall be read at monthly or bimonthly intervals at the option of the city. Meter readings shall be made on the same cycle date, as nearly as possible, during each monthly or bimonthly interval; provided, however, that variations in reading periods caused by holidays, Saturdays, Sundays, inclement weather, and differences in lengths of calendar months shall not be construed as a change from a normal monthly or bimonthly interval.

B. 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.

C. The city may estimate meter readings for billing purposes when its meter reader is unable to gain access to the premises on his regularly scheduled meter reading trip, or when the meter has been tampered with or is not functioning properly, or when circumstances beyond the control of the city make reading of meters impracticable or impossible.

(Ord. 302 § 5.1, 1980)

13.06.270 Separate meter for each class of service.

If a customer desires to use water for purposes classified under different rates, separate meters must be installed by the city at the expense of the customer to measure the water supplied at 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 aggregate the metering of separate service or meters. (Ord. 302 § 5.2, 1980)

13.06.280 Water consumption in excess of meter capacity.

The city will not install a water meter to a service line which demands water in excess of the rated capacity of the meter. The city shall have the right to terminate water service to any customer when the demand of the service line exceeds the following meter capacities:

Size of Meter	Capacity (gallons per minute)
5/8” —3/4"	20
3/4"	30
1"	50
1-1/2"	100
2"	160
3"	300
4"	500

(Ord. 302 § 5.3, 1980)

13.06.290 Additional meters.

If the customer desires additional meters other than those necessary to measure adequately the water consumption of the customer, such additional meters shall be provided, installed and maintained by the customer at his own expense. (Ord. 302 § 5.4, 1980)

13.06.300 Meter tests.

The city shall at its own expense inspect and test its meters as required to insure a high standard of accuracy. Additional tests at the request of a customer will be made, and if the meter is found to register within two percent of accuracy, the city will charge a test fee as specified in Section 13.12.100. If the meter is found to register in excess of two percent fast, 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. 358 § 15, 1983: Ord. 302 § 5.5, 1980)

13.06.310 Meter box covers.

All meter box covers shall be kept free of obstructions and be located at or above the grade of the immediately surrounding land. No dirt, rubbish, building material or other material may be placed on top of meter box covers. No meter shall be removed or in any way disturbed except by the water superintendent or an authorized city employee. (Ord. 302 § 5.6, 1980)

13.06.320 Billing—Procedure.

A. Billings shall be rendered at one-month, two-month, three-month, or four-month intervals at the option of the city. The city shall mail each customer’s billing to the billing address furnished on that customer’s water service application or as shown on the tax roll obtained by the city from the office of the Grays Harbor county treasurer. The failure to receive a bill shall not release a customer from the obligation to pay his bill when due.

B. Opening or closing bills, which may be for greater or lesser periods than the normal one-month, two-month, three-month, or four-month interval (as chosen by the city) will be calculated on the basis of the ratio that the actual period billed bears to the normal billing interval.

(Ord. 358 § 16, 1983; Ord. 315 (part), 1981: Ord. 302 § 6.1, 1980)

13.06.330 Billing—Adjustments.

The following billing adjustments may be made by the city manager upon his initiative or upon application therefor by the customer for whose account adjustment is sought:

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

B. Retroactive Adjustment of Bills Arising Out of Incorrect Application of Rates, Stuck Meters or Clerical Errors.

1. Residential Water Service. Customers shall be entitled to seek relief in accordance with Sections 13.06.350 through 13.06.460 regarding retroactive adjustments of bills for residential water service arising out of incorrect application of rates, stuck meters or clerical errors, other than adjustment of bills for service through the wrong meter.

2. Commercial Water Service. Customers shall be entitled to seek relief in accordance with Sections 13.06.350 through 13.06.460 regarding retroactive adjustment of bills for commercial water service arising out of incorrect application of rates, stuck meters or clerical errors, other than adjustment of bills for service through the wrong meter.

C. Service Through Wrong Meter. Should one customer be billed for water service actually furnished to another because of misidentification of the meter through which the customer has received service (service through the wrong meter), the improperly billed customer’s account will be credited for all water service so billed, and the customer will then be charged for all water service actually furnished.

D. Abnormal Water Loss. Should a customer incur an abnormal water loss caused by a condition deemed by the water superintendent to be undetectable and not a result of lack of normal maintenance by the customer, an adjustment in the customer’s account may be made for that period of abnormal water loss. No adjustment shall be allowed for any period of abnormal water loss in excess of ninety days for any twelve-month period.

E. Determination of Adjustment. The adjustments shall consist of a determination by the city manager of the customer’s normal water consumption during the period of adjustment. For this estimated normal water consumption, the customer will be charged the city’s normal rates. For any excess consumption during the period of adjustment, the customer will be charged fifty percent of the normal rate. The difference between the adjusted charge and the billings to the customer during the period of adjustment shall be credited against that customer’s future billings.

F. Frozen Pipes. Adjustments on a customer’s account may be made because of water loss resulting from the freezing of the customer’s service line, faucets or plumbing.

(Ord. 358 §§ 17 and 18, 1983; Ord. 302 § 6.2, 1980)

13.06.340 Billing—Payments.

A. All waterworks utility bills become due and payable on the date of billing.

B. Unless otherwise specified in the billing, the billing becomes past due and delinquent on the twentieth day following the date of billing.

C. Payment of city bills shall be made at the city office.

D. Payments made to the city by mail after an order of disconnection is made shall not prevent disconnection of the water service to the premises having a delinquent account unless such payments are received at the city office prior to the scheduled date of disconnection as stated on the disconnection order.

E. A service charge as provided in Section 13.12.100(N) shall be charged against any customer’s account if that customer pays any billing with a check which is returned by its payor for any reason.

(Ord. 358 §§ 11, 19 and 20, 1983; Ord. 302 § 7, 1980)

13.06.350 Delinquent accounts—Past due reminder.

A. Delinquency Penalties. If any waterworks utility charges are not paid within twenty days from the date the bill was mailed, the city shall impose a delinquency penalty of six dollars or ten percent of the delinquent amount, whichever is greater. Delinquent charges, including penalties, shall bear interest at the rate of twelve percent per year.

B. Past Due Reminder. No sooner than twenty days after the date the bill was mailed, the city shall send to a customer whose bill has not been paid, a past due reminder notice by first class mall addressed to the customer’s billing address. Such notice shall contain substantially the following language:

Our records indicate that we have not received payment for your waterworks utility billing prior to due date. If you already have paid your bill or have made arrangements with the city for its payment, please accept our thanks and disregard this notice. If you are unable to pay the entire amount of the bill in question at this time or if you dispute the amount of the bill, you may request an informal conference. Such request may be made by telephone or in person or in writing at the City Hall: 765 Point Brown Avenue NW, P.O. Box 1539, Ocean Shores, Washington 98569, and telephone (360) 289-2487. Your request for an informal conference must be made within fifteen (15) days from the date of this notice. If you do not make satisfactory payment arrangements or do not pay your bill, your water service will be subject to partial or complete termination in accordance with an order of the city on or after twenty (20) days from the date of this notice. For more information concerning your rights and the city’s policies, read the enclosed brochure.

(Ord. 712 § 3, 2001: Ord. 675 § 2, 2000: Ord. 358 § 21, 1983: Ord. 302 § 8.1, 1980)

13.06.360 Delinquent accounts—Brochure.

The city shall send a brochure as an enclosure with each past due reminder. Such brochure shall explain in detail the city’s credit and disconnection policies and the customer’s rights including:

A. Informal Conference. The customer’s right to an informal conference to adjust a disputed bill or to work out a deferred payment agreement;

B. Procedures. The procedures for the informal conference.

(Ord. 358 § 31, 1983; Ord. 302 § 8.2, 1980)

13.06.370 Informal conference—Application.

Upon oral or written application made at City Hall within fifteen days of the past due reminder, a customer who disputes the amount of his bill, or is unable to pay the full amount of his bill, shall be entitled to informal conference with the city manager, or his designee, in City Hall on any business day. The informal conference must be held during regular business hours prior to the cutoff date as shown on the past due reminder. (Ord. 358 § 22, 1983: Ord. 302 § 8.3(A), 1980)

13.06.380 Informal conference—Standards.

A. Disputed Bills. The city manager, or his designee, shall review any disputed bill and shall have authority to adjust that bill.

B. Temporary Financial Difficulties. The city manager, or his designee, shall make every effort to arrange a reasonable and feasible deferred payment program for a customer with a bona fide temporary financial difficulty making it impossible to pay the full amount of the current bill. Such deferred payment program shall be based upon a number of factors, including, but not limited to:

1. The dollar amount of the delinquent account;

2. The time the bill has been owed;

3. The customer’s ability to pay;

4. The credit history of the customer;

5. Whether the financial difficulties of a particular customer are temporary, for example, a customer who has been unable to pay a bill on more than two previous occasions within the past two years may be considered a repetitive credit problem and may not be experiencing financial difficulties which can be considered to be temporary;

6. Other relevant factors presented by the customer.

(Ord. 302 § 8.3(B), 1980)

13.06.390 Informal conference—Procedure.

A. On the date and at the time designated by the city in response to the customer’s application for an informal conference, the customer shall appear in person at the city office. The customer may be represented by an attorney or other representative if he so desires.

B. At the informal conference, the customer shall advise the city manager, or his designee, of the customer’s position and shall present whatever facts or evidence he deems supportive of his application for an adjustment in his billing. Following a reasonable discussion at the informal conference, the city manager, or his designee, shall determine the disposition of the customer’s application for a billing adjustment.

C. Should an arrangement concerning a disputed bill or temporary financial difficulties be made, that arrangement shall be reduced to writing and signed by the customer who requested the informal conference.

(Ord. 358 § 23, 1983; Ord. 302 § 8.3(C), 1980)

13.06.460 Informal conference—Failure to utilize procedure.

The city manager or his designee shall order the partial or complete termination of water service for each customer with an account past due and delinquent, who has been sent a past due reminder and who has not made satisfactory arrangement for payment at an informal conference. The date upon which the customer’s water service shall be ordered partially or completely terminated shall be no earlier than twenty days after the date of that customer’s past due reminder. (Ord. 358 § 24, 1983: Ord. 302 § 8.5, 1980)

13.06.465 Informal conference—Unconnected lots exempted.

Sections 13.06.350 through 13.06.460 shall not apply to those customers who have water service to unconnected lots as defined in subsection 28 of Section 13.06.020. (Ord. 339 § 3 (part), 1982: Ord. 302 § 8.6, 1980)

13.06.470 Nonpayment of bill—Notice of termination of water service.

In the event a customer has not paid his bill or has not made satisfactory arrangements with the city at an informal conference in accordance with the procedures set forth in Sections 13.06.370 through 13.06.460, the city shall mail a termination notice to that customer at the customer’s billing address by first class mail at least seventy-two hours prior to the termination of that customer’s water service. The termination notice shall contain substantially the following language:

You are hereby advised that partial/complete termination of your water service has been ordered effective _______________, 20_____, for the nonpayment of your _______________, 20_____, past due and delinquent city billing in the amount of $__________ plus interest and penalties. Should your water service be partially or completely terminated, your water service will be restored in full following your payment to the city at its office of your above-mentioned past due account plus penalties and interest and a restoration charge of $__________ during regular business hours of the city or $__________ during other hours.

(Ord. 994 § 1, 2017: Ord. 358 § 25, 1983: Ord. 302 § 9.1, 1980)

13.06.480 Nonpayment of bill—Termination of service.

On or after the date set forth in the termination notice, the customer’s water service shall be terminated in accordance with the order of the city. Upon partial or complete termination, the city shall mail a termination notice to that customer at the customer’s billing address by first class mail. The termination notice shall contain substantially the following language:

Water service to these premises has been partially/completely terminated. For further information regarding restoration of water service, contact City of Ocean Shores, Washington, at the Utility Billing Office located at 800 Anchor Ave NW, Ocean Shores, Washington, or by telephone at 289-2487.

(Ord. 994 § 2, 2017: Ord. 302 § 9.2, 1980)

13.06.490 Nonpayment of bill—Restoration of water service.

Whenever water service has been partially or completely terminated, the city shall not restore that water service in full until the account is paid in full or an arrangement, acceptable to the city manager, for its payment has been made and the restoration fee as required by Section 13.12.100(F) has been paid. (Ord. 358 § 26, 1983: Ord. 302 § 9.3, 1980)

13.06.495 Nonpayment of bill—Unconnected lots exempted.

Sections 13.06.470 through 13.06.490 shall not apply to those customers who have water service to unconnected lots as defined in subsection 28 of Section 13.06.020. (Ord. 339 § 3 (part), 1982: Ord. 302 § 9.4, 1980)

13.06.500 Nonpayment of bill—Denial of additional water service.

All outstanding charges for water service to a premises must be paid in full prior to connection of a service line for a premises to the water system. Failure to pay all outstanding charges, penalties and interest or to enter into an agreement with the city providing for such payment, or to satisfy all outstanding liens for water service to a premises shall be grounds for the city to deny permission for the connection of a service line for the premises to the water system. (Ord. 302 § 10, 1980)

13.06.510 Collection of unpaid accounts.

A. The city shall have a lien against the premises to which water services were furnished for four months’ charges therefor due or to become due, but not for any charges more than four months past due. However, the owner of the premises, or the owner of a delinquent mortgage thereon, may give written notice to the city manager or his designee to cut off services to said premises accompanied by payment or tender of the then unpaid charges for such service to the premises together with the cutoff charge, whereupon the city shall have no lien against the premises for charges for such service thereafter furnished, nor shall the owner of the premises or the owner of a delinquent mortgage thereon be held liable for the payment thereof.

B. The lien for charges for service by the city waterworks may be enforced only by cutting off the service until the unpaid charges are paid.

C. The remedies set forth in this section are alternative and supplemental to all other remedies available to the city.

(Ord. 358 §§ 27 and 28, 1983; Ord. 302 § 11, 1980)

13.06.520 Commercial fire protection service—Application.

An application for commercial fire protection service must be made by completing and returning to the city at the city office an application provided therefor by the city. (Ord. 302 § 12.1, 1980)

13.06.530 Commercial fire protection service—Installation charges.

Upon acceptance by the city of the customer’s application for commercial fire protection service:

A. The customer must pay the total installation cost of all service lines from the customer’s premises to an existing main of adequate capacity to provide the required fire flows; and

B. The customer must pay the cost of the detector check meter, plus the cost of its installation.

(Ord. 302 § 12.2, 1980)

13.06.540 Line extensions—Permit—Required.

Any owner of real property located in the city may request the extension of a main. Such extensions will be allowed provided the owner obtains a permit from the city prior to commencing construction of the proposed line extension and completes the construction in accordance with the provisions of these regulations. (Ord. 302 § 13, 1980)

13.06.550 Line extensions—Permit—Application requirements.

A. All applications for line extensions shall be submitted in writing at the city office at least thirty days in advance of the proposed commencement date of construction.

B. Each line extension application shall be accompanied by:

1. A plot plan and plans and specifications showing the location of all lots and details relating to the proposed construction; and

2. As-built drawings showing the locations, sizes and types of all mains, valves, hydrants and fittings as installed and exact distances from property lines; and

3. A surety bond in a form and with a surety licensed to do business as a surety by the state and in an amount acceptable to the city, which bond shall guarantee the faithful performance of the work on the line extension, payment of all individuals or entities, including state and municipal entities and agencies, who are empowered to create a lien upon the line extension for nonpayment of obligations to those individuals or entities and the replacement of all defective material and workmanship within one year after acceptance of the line extension by the city. In some cases, a two-year bond may be required because of city requirements on road restoration; and

4. An agreement by the applicant, on a form issued by the city, to indemnify, defend and save harmless the city from any and all claims or liability for damages arising from acts done during or in preparation for construction of the line extension; and

5. Certificates of the applicant’s comprehensive general and automobile liability and property damage insurance, before commencing work, in limits of one million dollars bodily injury including death, and one million dollars property damage protection against all claims for personal injury or property damage, including coverage for underground collapse and explosion damage, arising during or in preparation for construction of the line extension; and

6. A completed environmental checklist on a form provided by the city; and

7. An agreement by the applicant to pay the city’s engineers’ and attorneys’ costs and fees incurred in the course of reviewing and processing the line extension application, enforcing obligations of the line extension applicant, and otherwise incurred as a result of the line extension application and installation; and

8. A nonrefundable fee in the amount of two hundred fifty dollars. Such fee will be applied toward the costs of the city’s engineer, attorney or personnel incurred as a result of the line extension application and installation. The customer shall pay all such costs in full, plus fifteen percent to defray the city’s overhead expenses.

(Ord. 302 § 13.1, 1980)

13.06.560 Line extensions—Application review.

A. Each application for a line extension shall be reviewed initially by the water superintendent, who shall ascertain whether the proposed line extension will meet city construction standards and will not impair the city’s ability to provide full water service to its other customers, and by the city’s SEPA responsible official, who shall comply with the city’s SEPA Guidelines.

B. Each application will then be forwarded to the city manager who will prepare a recommendation to the council. The council will then consider the city manager’s recommendations, make the necessary environmental decisions and either order the issuance of the applicant’s line extension permit or reject the application. The issuance of a line extension permit may be made contingent upon any reasonable conditions.

(Ord. 302 § 13.2, 1980)

13.06.570 Line extensions—Construction.

A. Upon receipt of the city’s line extension permit, the applicant may commence construction of the proposed line extension.

B. In addition to being subject to any conditions placed upon the line extension permit, construction of the line extension shall be subject to the following conditions:

1. Review and approval by the city of plans and specifications for the line extension;

2. The applicant shall be responsible for paying all costs of the line extension, including inspection of the line extension by the city; and

3. The applicant shall procure and pay for all permits, licenses, easements, environmental notices, reports, impact statements and for the review thereof, shoreline permits, railroad and highway crossing permits and other permits or exemptions necessary for construction of the line extension.

C. All taps of a line to an existing city main shall be made by the city crews or under direct supervision of the city personnel, with material supplied by the owner, contractor or the city. A deposit for the estimated cost of the work must be made in advance for this work and for any material required, if done by the city, and the difference between the deposit and the actual cost plus fifteen percent will either be refunded or billed by the city.

D. A hydrostatic test shall be made by the applicant under the supervision of the city. The city will obtain water samples and send them to an appropriate health department agency.

(Ord. 302 § 13.3, 1980)

13.06.580 Line extensions—Acceptance.

A. Upon completion of the line extension construction, the applicant therefor shall convey and transfer to the city on forms approved by the city, including but not limited to warranty bill of sale, the line extension and all easements, permits and rights necessary to run, operate and maintain the line extension.

B. The line extension shall not be accepted by the city until receipts of all materials used, labor utilized and the cost thereof are provided the city along with receipts indicating the payment of those costs.

C. Upon acceptance of the line extension, the city will assume ownership of the line extension and the responsibility for its operation and maintenance.

(Ord. 302 § 13.4, 1980)

13.06.590 Hydrants—Operation.

Only authorized city personnel or firemen in the performance of their duties shall operate fire hydrants connected to the city’s water system. (Ord. 302 § 14.1, 1980)

13.06.600 Hydrants—Installation.

A. The city will install hydrants upon the written request of one or more customers on mains large enough to provide adequate fire protection. The type of hydrant and location shall be as specified by the city, which shall include the requirements established by regulations of the county.

B. Upon request, the city will prepare an estimate for the total cost of the installation of a hydrant. Upon deposit of this estimated amount, the city will make the installation. On completion of the work, the customer will either be refunded or billed the difference between the estimated amount and the actual cost plus fifteen percent. At the city’s option, this work can be done at a contract price to be paid in advance.

(Ord. 302 § 14.2, 1980)

13.06.610 Pressure reducing valves.

At the customer’s request, the city will measure the water pressure at the customer’s point of delivery as an aid to determining whether a reducing valve is required. Pressure reducing valves, when required, must be installed and owned by the customer. Pressure reducing valves will be required when pressures exceed one hundred psi. It is recommended that a shutoff valve be installed by the customer on the meter side of the pressure reducing valve. (Ord. 302 § 15, 1980)

13.06.620 Prohibited uses.

No person, firm or corporation shall:

A. Use water from the water system for irrigating when requested by a police officer, fireman or representative of the city to cease such use during a fire which the fire department is seeking to control, or when use of water for irrigation is forbidden by the city; or

B. Bathe in, fish in, or throw any substance into any reservoir or water tank or standpipe or into any pipe or connection of the water system, or upon the premises where any reservoir, water tank or standpipe is located; or

C. Obstruct the access to any fire hydrant, or place material upon a public right-of-way or city owned property within twenty feet of a fire hydrant; or to open or operate a fire hydrant, except by a member of a fire department or an employee of the city in pursuance of his employment or duty; or

D. Break, deface, tamper with, damage, obstruct or alter a water meter; or

E. Make any connection by means of a pipe or otherwise with a main or water pipe for delivery of water from the water system in such a manner that the water is not first measured by a water meter prior to consumption; or

F. Turn on or turn off a water service at the meter or at any place between the water meter and the main; or

G. Interfere with, obstruct, or prevent free or safe access to any water meter or water service for purposes of reading, inspecting, repairing, removing, or installing the water meter by any employee or agent of the city in pursuit of his employment; or

H. Tamper with, destroy, break, or interfere with any part of the water system.

(Ord. 302 § 16, 1980)

13.06.630 Mailing and receiving city communications.

A. All correspondence, bills and notices relating to items covered by these regulations shall be sent by mail except where specifically provided otherwise.

B. The placing of any item in the mail with postage prepaid shall constitute that item’s delivery to its addressee as of the date of so placing that item in the mail. Also, such communications may be delivered personally.

(Ord. 302 § 1.3, 1980)

13.06.640 Revision of regulations.

These regulations may be revised, supplemented or otherwise modified only by action of the council, except that where these regulations require approval by, permission or decision of, or instructions from the city manager. In such cases, the city manager shall be guided solely by city standard practices, generally recognized engineering standards and practices, operational demands and requirements of the water system, the peculiarities of construction, topography, soil conditions, or other relevant special factors affecting the specific decision to be made by the manager and the specific requirements of these regulations. (Ord. 302 § 1.4, 1980)

13.06.650 Conflict with other rate schedules or special contracts.

In case of conflict between the provisions of any rate schedule or special contract and these regulations, the provisions of the rate schedule or special contract shall apply. (Ord. 302 § 1.5, 1980)

13.06.660 Disclaimer, exclusion of warranties and limitation and exclusion of damages.

A. The city cannot and does not guarantee any minimum quantities of water or pressure of the water to be furnished to any point of delivery, hydrant, or other outlet, nor to any customer or other user of the water system or consumer of water supplied by the city. In case water service is interrupted or fails by reason of accident or other cause whatsoever, the city shall not be liable for damage for such interruption or failure, nor shall such interruption or failure be held to constitute a breach of contract on the part of the city or in any way relieve the customer from performing the obligations of his contract with the city.

B. The quantity and pressure of water supplied by the city are supplied as-is and with all faults. There are no warranties of fitness or merchantability, express or implied, with respect to the quantity and pressure of water supplied by the city.

C. All incidental damages incurred by a customer as a result of the interruption or failure of the quantity, quality or pressure of water service furnished by the city are limited to fifty dollars and all consequential damages so incurred are excluded.

(Ord. 302 § 1.7, 1980)

13.06.670 Violation—Penalty.

Any violation of the provisions of these regulations shall be a Class C offense as defined by Section 7.01.050(3). (Ord. 315 (part), 1981: Ord. 302 § 1.6, 1980)