Chapter 13.04 WATER

B. Moneys due the city for the furnishing of water service of any kind shall be paid to the clerk-treasurer upon statements rendered to users. The city clerk-treasurer shall keep accurate books of account of all water charges and other monetary transactions connected with the water department, and the same shall at all times be open to inspection of the mayor and council or any person or persons delegated by the council to inspect the same. (Ord. 1118 § 1, 2011; Ord. 52 § 1, 1912; Ord. 43A § 2, 1910)

13.04.030 Rules and regulations.

The rules and regulations set out in this chapter are established for the fixing, regulating and controlling of the use and price of water supplied by the city and providing penalties for violation thereof. (Ord. 43A § 3, 1910)

13.04.040 Application for service.

A. All applications for the use of water must be made at the clerk-treasurer’s office on printed forms to be furnished by the public works department for that purpose; such application must be made by the owner or authorized agent of the property to which the water is to be furnished; the applicant shall state fully all the purposes for which the water may be required and must agree to conform to the rules and regulations, and any modification thereof, that may be established from time to time, as a condition for the use of water.

B. Each connection application for a new structure or expansion of use thereof within the municipal limits of the city of Okanogan shall require application for a sanitary sewer and/or water connection permit upon the application forms as provided by the city. Such sanitary sewer or water connection approval shall only be issued by the city if such applications are made together and concurrently with or subsequent to the issuance of a building permit for the construction of a single- or multiple-family residential, commercial business or establishment, industrial business or establishment, or public use, hereinafter “building permit,” requiring sanitary sewer or water service from the city. Such actual sewer and water connections shall be made within the time limits established under such building permit, or extensions thereof, and shall expire on the expiration date of such building permit. Water connection applications may only be approved without concurrent sewer application where alternate sewerage systems have been reviewed and accepted by the public works department, and where physical connection to the city’s sewer system has been confirmed by the city to be unavailable or impractical.

C. Each sewer connection application for an existing structure or use within the sewer service area shall make application for water service if water service is available as provided elsewhere in this code, except if said structure or use is served by an approved existing water source.

D. An applicant may request a refund of application fees when the owner or authorized agent does not proceed with the development activity for which water connection fees were paid, and the applicant shows that no impact has or will result, and the city has not yet spent or encumbered the fees; however, the connection fee shall not be refunded if the city has spent or encumbered the fees.

E. If water connection fees must be refunded for any reason, the city council may authorize the refund of not more than 80 percent of the fees collected. The refund will be issued to the owners as they appear of record with the Okanogan County assessor at the time of refund. (Ord. 1231 § 1, 2024; Ord. 1118 § 2, 2011; Ord. 1081 § 2, 2007; Ord. 43A § 4, 1910)

13.04.050 Name of accounts.

All accounts for water shall be kept in the name of the owner of the property, when known, and all charges shall be made against the property, as well as the owner thereof; no change of ownership or occupancy shall affect the application of this section. (Ord. 43A § 5, 1910)

13.04.060 Payment of charges.

All bills for water by fixed rate are due and payable monthly on the twelfth day of the month, at the office of the clerk-treasurer, regardless of notice to the consumer, and if not paid on or before the twelfth day of the month, a penalty as specified in the current fee schedule will be added and if not made, water service may be terminated except as outlined in Chapter 13.12 OMC. The water will not be turned on until all the charges due are paid except as outlined in Chapter 13.12 OMC. When the twelfth or last day for the payment of water falls upon a Sunday or any legal holiday, the consumer will be allowed the next succeeding business day on which to pay before the penalty for nonpayment attaches. (Ord. 1223 § 1, 2023; Ord. 1118 § 3, 2011; Ord. 43A § 6, 1910)

13.04.070 Use of water.

No person supplied with water from the city water system shall be entitled to use it for any purpose other than those stated in the application, nor add any fixtures, or supply in any way, or for any purpose, other persons or families without first securing permit for the same from the city. See Chapter 13.10 OMC. (Ord. 1118 § 4, 2011; Ord. 43A § 7, 1910)

13.04.080 Hookup.

When a permit has been obtained for the use of water and the charges prescribed in this chapter for the services have been paid to the clerk-treasurer’s office, the service will be put in as soon as it is practicable for the city to do so. The charges for hookup services including the cost of and installation charges for water meters shall be established by ordinance based upon pipe size and/or connection type as specified. (Ord. 1118 § 5, 2011; Ord. 762 § 7, 1992; Ord. 705 § 7, 1988; Ord. 184 § 1, 1946; Ord. 86 § 1, 1918; Ord. 43A § 8, 1910)

13.04.090 Service pipe and meter location.

All service pipes must come directly from the city water main and shall not cross any intervening lands not owned by the city or the applicant or within an approved utility corridor and shall be laid not less than 36 inches below the surface of the ground with the meter placed on the city’s utility easement near the outside line of owner’s property, all of which will be put in and maintained by the city and kept within its exclusive control. (Ord. 1118 § 6, 2011; Ord. 43A § 9, 1910)

13.04.100 Operation of city meter valve.

No person except an employee of the public works department will be allowed to turn the water off or on at the city’s meter valve after the plumbing has been completed and the water turned on by the city. (Ord. 1118 § 7, 2011; Ord. 43A § 10, 1910)

13.04.110 Expense of pipes and connections.

All pipes and connections from the city’s water main to the city’s meter vault/box located near the applicant’s property line shall be installed by the city at the expense of the property owner. The property owner shall be responsible for the installation, maintenance and future operation of all water lines extending from the city’s meter vault/box to the applicant’s structure. Any individual who knowingly accesses, operates, tampers with the city-owned portion of the pipes and connections which results in damages/alterations to the city’s property shall be liable for any and all costs incurred by the city in repairing such damages. (Ord. 1118 § 8, 2011; Ord. 43A § 10, 1910)

13.04.120 Depth of service pipe.

All pipes leading from the city’s meter shall be laid not less than 36 inches below the surface of the ground and no work shall be covered until it has been inspected and accepted by public works. (Ord. 1118 § 9, 2011; Ord. 43A § 12, 1910)

13.04.130 Permit for work on pipes.

No plumber or other person will be allowed to make connection with the city’s mains or to make alterations in conduits, pipe or other fixtures connecting therewith, or to connect pipes when they have been disconnected, or to turn water off or on at any premises at the city’s meter valve without a permit from the clerk-treasurer’s office. (Ord. 1118 § 10, 2011; Ord. 43A § 13, 1910)

13.04.140 Working without required permit.

Repealed by Ord. 1118. (Ord. 616, 1982; Ord. 43A § 14, 1910)

13.04.150 Resumption of service.

Should it be desired to have the water turned on after it has been turned off, or where new services have been put in and the plumbing is completed, a request by the owner or his/her authorized agent must be given to the city to restore or initiate service. The city will restore or initiate only after the property owner’s request and verification that there are no defective or leaky faucets, closets or other fixtures. If such defects are observed, the water will be turned off. (Ord. 1118 § 12, 2011; Ord. 43A § 15, 1910)

13.04.160 Unauthorized turn-on.

Should the water be turned on to any premises by anyone without authorization by the public works department after it has been turned off at the city’s meter, it will be locked out and will not be turned on again until all regular charges together with any additional fees, fines or penalties, as described in OMC 13.04.410 and Chapter 13.12 OMC, have been paid. (Ord. 1118 § 13, 2011; Ord. 43A § 16, 1910)

13.04.170 Vacant premises.

Should it be desired to discontinue the use of water supplied to vacant premises for a period of not less than 30 days, notice must be given to the clerk-treasurer’s office. The water will then be turned off and turned on again on written application, subject to applicable charges, but no remission of charge will be made for a period of less than 30 days, or without the notice prescribed in this section. (Ord. 1118 § 14, 2011; Ord. 43A § 17, 1910)

13.04.180 Discontinuance of use.

Should it be desired to discontinue the use of water to any property or connection thereon, notice shall given in writing at the clerk-treasurer’s office before any reduction will be made in the rate. (Ord. 1118 § 15, 2011; Ord. 43A § 18, 1910)

13.04.190 Partially vacant premises.

Multifamily residential and multi-tenant commercial structures shall be charged a base rate for the total number of units available for rental regardless of occupancy/rental status so long as water is available for use. (Ord. 1118 § 16, 2011; Ord. 43A § 19, 1910)

13.04.200 Shutoff for repairs – Boiler safety valves.

The water may at any time be shut off from the mains, without notice, for repairs, extensions or other necessary purposes, and persons having boilers supplied by direct pressure from the mains are cautioned against danger of explosion or collapse, and where meters are in use or to be used on such service, a safety valve shall be placed between the boiler and the meter at the owner’s expense, who shall be held responsible to the city for all damages to meters caused by hot water. The city will not be responsible for the safety of boilers on the premises of any water consumer. (Ord. 43A § 20, 1910)

13.04.210 Sprinkling suspensions.

The city council reserves the right to promote conservation and in case of a shortage of water, or an emergency to make an order forbidding or suspending the use of water for sprinkling purposes, and may at its discretion, at any time, make such an order by giving notice through a public announcement, the city official newspaper, radio and/or handout or otherwise. Violation of this order may result in civil penalties and the water will be turned off except as outlined in Chapter 13.12 OMC and so remain until the penalty and other charges due are paid. (Ord. 1223 § 1, 2023; Ord. 1118 § 17, 2011; Ord. 43A § 21, 1910)

13.04.220 Use during fire.

Repealed by Ord. 1118. (Ord. 43A § 22, 1910)

13.04.230 Inspections.

Public works may conduct inspections of any and all buildings within the city in order to inspect the conditions of pipes and fixtures therein and to perform repair functions; provided, that such inspections shall be conducted during normal business hours; and provided further, that the employees of the water department shall first present proper credentials and obtain the consent of the owner or occupier of the premises to the inspection. In the event that consent to inspect and/or repair pipes or fixtures is not granted by the owner or occupier of the building in question, inspection shall not be conducted on the premises except pursuant to warrant issued by the municipal court of the city or any other court of competent jurisdiction, upon a finding of reasonable cause for the inspection and/or repair. (Ord. 1118 § 19, 2011; Ord. 616, 1982; Ord. 43A § 23, 1910)

13.04.240 Access to meter covers.

Property owners/tenants shall maintain clear access to the water meter covers at all times. All persons are prohibited from impeding access to meters by piling rubbish or building material, parking vehicles, erecting fencing, or any other actions that prevent or limit city employee access thereto. (Ord. 1118 § 20, 2011; Ord. 43A § 24, 1910)

13.04.250 Service for specific purposes.

Water for residential, commercial or irrigation uses will not be furnished to consumers who do not pay for the use of water, and the water will be turned off from any such premises in the event that payments are discontinued except as outlined in Chapter 13.12 OMC. (Ord. 1223 § 1, 2023; Ord. 1118 § 21, 2011; Ord. 43A § 24, 1913)

13.04.260 Metered service for irrigation – Rates and policies.

A. Services to supply water for irrigation shall be metered and properly sized as determined in OMC 13.04.040.

B. Proper backflow prevention devices are required on all irrigation services as set forth in the cross-connection policies of the city.

C. In the event that a temporary water shortage exists as determined by the city public works department, the city may temporarily order interruption of water usage for irrigation purposes under this subsection. (Ord. 1223 § 1, 2023; Ord. 1118 § 22, 2011; Ord. 43A § 26, 1910)

13.04.270 Applicability of sprinkling rates.

Repealed by Ord. 1118. (Ord. 43A § 27, 1910)

13.04.280 Sprinkling hoses and nozzles – Wasting water.

Wasting water is prohibited; continuance will be the basis for discontinuance of service. Violations of this rule shall be subject to fines as set forth in the current fee schedule. Repeated violations may be subject to termination of service until such time as these fines have been paid. (Ord. 1118 § 24, 2011; Ord. 43A § 28, 1910)

13.04.290 Unmetered water rates.

Repealed by Ord. 1118. (Ord. 43A § 29, 1910)

13.04.300 Rates for uses not mentioned.

For water for other uses or businesses than those mentioned in this chapter, charges shall be made by special rates as ordered by the city council. (Ord. 43A § 30, 1910)

13.04.310 Meters – Right to require.

The city council reserves the right to place a water meter on each service for the purpose of measuring the water supplied to the premises by such service, and payment for the same shall be made at the same time and in the same manner as prescribed in OMC 13.04.060. (Ord. 1118 § 26, 2011; Ord. 43A § 31, 1910)

13.04.320 Meters – Installation to check consumption.

A water meter shall be placed on all service connections, for the purpose of measuring the water supplied to the premises by such service, but in no case shall more than one service be placed on any one meter. All meters shall be and remain the property of the city and may be removed and replaced at the option of the city council. (Ord. 1118 § 27, 2011; Ord. 43A § 32, 1910)

13.04.330 Meters – Installation upon request.

A. Meters will be put in by the public works department upon application to the city council and deposit of the cost of same by the person or firm applying therefor. All meters shall be and remain the properties of the city and may be removed whenever the city elects.

B. In all cases where meters are lost, damaged or broken by the carelessness or negligence of owners or occupants of premises, they shall be repaired by the public works department, and the cost charged against the owner or occupant of the premises. In case of nonpayment the water shall be shut off, and in no case turned on again until all charges have been paid except as outlined in Chapter 13.12 OMC.

C. In the event of a meter getting out of order, or failing to register properly, the consumer shall be charged at the average monthly consumption as shown by the meter reading during the last three months that the same was in good order. (Ord. 1223 § 1, 2023; Ord. 1118 § 28, 2011; Ord. 52 § 2, 1912; Ord. 43A § 33, 1910)

13.04.340 Meters – Payment of charges.

Public works may require payment in advance or satisfactory security for all water to be furnished by meter, and if such payment is not made or security furnished within the time fixed by public works, water will be shut off from the premises concerned until such charges have been paid except as outlined in Chapter 13.12 OMC. A base or standby charge shall be applied to all properties where a meter has been installed regardless of current use. (Ord. 1223 § 1, 2023; Ord. 1118 § 29, 2011; Ord. 52 § 2, 1912; Ord. 43A § 34, 1910)

13.04.350 Meters – Reading.

All meters shall be read on or near the fifteenth day of each and every month by the public works department. If the director of public works discovers that any meter has been tampered with or the seal broken, the director of public works shall shut off the water supply until the full amount of fixed rate for the month, together with the expense of turning water off and on, has been paid to the city clerk-treasurer. The current amount for the fee is set forth in the city’s annual fee schedule as adopted by ordinance. (Ord. 1118 § 30, 2011; Ord. 52 § 2, 1912; Ord. 43A § 35, 1910)

13.04.360 Meters – Location.

The public works department shall have full charge of the placing of all meters and shall not locate any meter where it will be in danger of freezing or being otherwise damaged. (Ord. 1118 § 31, 2011; Ord. 52 § 2, 1912; Ord. 43A § 35, 1910)

13.04.370 Special rates.

The director of public works is not authorized to grant special rates for any purpose nor to supply water for any purpose until regular rates have been paid, except by order of the city council. The right is reserved by the city to amend or to add to these rules and regulations and provisions or to change the water rates provided for in this chapter, as experience shows to be necessary or expedient. (Ord. 1118 § 32, 2011; Ord. 52 § 2, 1912; Ord. 43A § 35, 1910)

13.04.380 Responsibility for each service.

One person, company or association must pay for all the water used through a service for his or their own use or the use of others to whom it may be accessible. (Ord. 43A § 35 1/2, 1910)

13.04.390 Separate pipes and valves.

Each separate dwelling or structure must be connected to the water system by a separate pipe controlled by a meter accessible at all times to the employees of the public works department, except as provided in OMC 13.04.110. (Ord. 1118 § 33, 2011; Ord. 43A § 35 1/2, 1910)

13.04.400 Connection specifications.

A. The director of public works shall specify how connections shall be made with the water system, but shall not allow any connection to be made until all rules contained in this chapter for the same have been complied with.

B. All pipes on premises must be connected to the city pipes outside the meter/vault box. (Ord. 1118 § 34, 2011; Ord. 52 § 2, 1912; Ord. 43A § 35 1/2, 1910)

13.04.410 Unlawful acts – Misuse of water – Damage to system.

A. It shall be unlawful for any person, firm or corporation:

1. To accept payment of any kind for water furnished by the city of Okanogan except as provided in this chapter;

2. To use the city water or permit it to be used for any other purpose than that for which the person, persons, firm or corporation pays water rates;

3. To permit water pipes or fixtures to remain in a leaky condition;

4. To allow water to run to waste;

5. To open, close, turn or interfere with, or to attach or connect with, any fire hydrant, stop valve, meters or pipe belong to the city of Okanogan;

6. To disturb or damage any pipe, machinery, tools or other property of the water department;

7. To bathe in, fish in or throw any substance in any reservoir, or any part of the city water system;

8. To permit cattle, sheep, swine, horses or other animals to stand in or be about any portion of the water system of the city, so as to contaminate the water supply;

9. To deface any building or other improvement of the city;

10. To place any foreign substance upon the grounds of the city or such portion of the streets or other places as may be under its control;

11. To disturb or injure any lawn, grass, plot, flowers, vines, bushes or trees belonging to the city;

12. To make any connection between the city’s water system and to any other water system, well or conveyance.

B. Working Without Required Permit. Any person making connections to, or alterations in, any pipe whereby water may be drawn from the city mains, or taking water from any fire hydrant, bib, pipe or fixture of any kind without first having secured a permit for the same from the clerk-treasurer’s office, and further, any plumber willfully and knowingly failing to perform his work in connection with the public works department according to the established rules and regulations or willfully and knowingly executing his work to the damage or detriment of the water department is guilty of a civil infraction. See penalties in this section.

C. Any person violating any of the provisions of this section shall upon conviction be subject to OMC 13.04.460(A)(1). (Ord. 1118 § 35, 2011; Ord. 43A § 36, 1910)

13.04.420 Fire protection service.

A. Pipes for fire protection purposes must be fitted up with such fixtures only as are needed for fire protection, and each fixture shall be sealed by the chief of the fire department, and in no case shall these seals be broken except in case of fire, or by the chief of the fire department, for the purpose of testing the pipes, fixtures or hose. When seals are broken in case of fire it shall be the duty of the owner or tenant of the premises to notify the chief of the fire department of the same within 24 hours after its occurrence, and he shall replace the seals.

B. Any person violating any of the provisions of this section shall upon conviction be subject to OMC 13.04.460(A)(1). (Ord. 1118 § 36, 2011; Ord. 43A § 37, 1910)

13.04.430 Protection from freezing.

After the adoption of the ordinance codified in this chapter, the service pipes must be so arranged that the supply is controlled by a stop-and-waste cock with extension handle properly protected from frost and so placed within the premises that the service pipes may be thoroughly drained during freezing weather. No remission of rentals will be allowed on account of frozen pipes within private premises, and the city will not be responsible for any damage on account of such freezing. (Ord. 43A § 38, 1910)

13.04.440 City to make connections.

All connections from the street main to the curb of the sidewalk including meters and valves will be made by the city at the prices stated in OMC 13.04.080. (Ord. 1118 § 37, 2011; Ord. 43A § 39, 1910)

13.04.450 Water-sewer fund.

There is created in the office of the city clerk-treasurer a water-sewer fund, into which fund there shall be paid from month to month all moneys received by the clerk-treasurer from the users of city water furnished by the city. The fund shall not be commingled with any other fund or funds in the hands of the clerk-treasurer, and shall be disbursed only upon vouchers drawn by the order of the city council against such fund. (Ord. 1118 § 38, 2011; Ord. 43A § 40, 1910)

13.04.460 Violation – Civil infraction.

A. Administrative, Technical and Procedural Violations. Because of their nature the following are civil infractions:

1. Noncompliance. Any person who fails to conform to the terms of the water application issued under this chapter or who undertakes work without approval of the city shall also be subject to a civil infraction not to exceed $250.00 and water service discontinued until all charges and fines are paid except as outlined in Chapter 13.12 OMC. Each day that a violation exists or continues shall be deemed to be a separate offense.

2. Violator Liabilities – Damages, Attorneys’ Fees/Costs. Any person subject to the regulatory provisions of this chapter who violates any provision thereof or application thereto shall be liable for all damage to public or private property arising from such violation including the costs of restoring affected area to city standards, including any attorneys’ fees and costs incurred by the city to maintain any civil action for damages. (Ord. 1223 § 1, 2023; Ord. 1118 § 39, 2011; Ord. 43A § 41, 1910)