Chapter 13.04
WATER

Sections:

13.04.010    Purpose.

13.04.020    Definitions.

13.04.030    Rules for administration and enforcement –Copy filing--Noncompliance.

13.04.040    Comprehensive water system plan--Contents.

13.04.060    Application for service.

13.04.070    Use of water must be for purposes stated in application.

13.04.080    Waste of water prohibited.

13.04.090    Damaging or interfering with water system prohibited.

13.04.100    Sprinkling during fires prohibited.

13.04.110    Cross-connections prohibited.

13.04.120    Use of nonconforming connection material prohibited.

13.04.130    Emergency interruption of service.

13.04.140    Displacement of waterworks appurtenances.

13.04.150    Access to premises for inspection.

13.04.160    City employees to work on mains and service connections.

13.04.170    Mains and services--Location from sanitary sewers.

13.04.180    Ownerships of mains and service connections.

13.04.190    Private distribution systems to conform to city standards.

13.04.200    Service connections--General requirements.

13.04.210    Temporary service connections.

13.04.220    Service connection--Wholesale consumers.

13.04.230    Service agreements with other governmental units.

13.04.240    Water service outside city limits.

13.04.242    Water service outside city limits –Agreements to run with the land.

13.04.244    Water service outside city limits –Other sections not affected.

13.04.250    Construction charge assessment.

13.04.260    Property not previously assessed or that has not paid costs.

13.04.270    Use of substandard mains.

13.04.280    Service connection--No main in street.

13.04.290    Main assessment rates.

13.04.300    Special main extension charge.

13.04.310    All services to be metered.

13.04.320    Turning on water.

13.04.330    Permission required to connect or turn water on or off.

13.04.340    Notice required to have water discontinued.

13.04.350    Service reconnection or transfer of service.

13.04.360    Occupant turning on water--Penalty.

13.04.370    Charges to become lien.

13.04.375    Water general facility charges.

13.04.380    Water meter rates--Inside city limits.

13.04.390    Water meter rates--Outside city limits.

13.04.400    Charges for hydrants and fire protection outside city limits.

13.04.410    Water for construction purposes.

13.04.420    Cash deposit for water service.

13.04.430    Payment of water bills--Delinquency Notification--Service discontinued for nonpayment--Past due fees.

13.04.440    Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction.

13.04.460    Allocation of funds.

13.04.480    Water system hydraulic analysis fees.

13.04.010 - Purpose

The following rates and regulations are established for the control of the municipal water supply system of the city.

(Ord. 3506 §1, 1969).

13.04.020 - Definitions

For purposes of this chapter, the words or phrases defined below shall have the following meanings:

A.    "City" means the city of Olympia, Washington, or as indicated by the context, may mean the water department, water superintendent, clerk-treasurer, city engineer, or other city employee or agent representing the city in the discharge of his duties.

B.    "City engineer" means the city engineer of the city of Olympia. Any act in this chapter required or authorized to be done by the city engineer may be done on behalf of the city engineer by an authorized employee of the engineering department.

C.    "Commission" means the city commission of the city of Olympia.

D.    "Downtown Deferred General Facility Charge Payment Option Area" means all properties located within the area bounded by: Budd Inlet to the north; Budd Inlet and Capitol Lake on the west; 14th Avenue extending between Capitol Lake and Capitol Way, and 14th Avenue extending to Interstate 5 on the south; Eastside Street on the east, and Olympia Avenue extending to Budd Inlet on the north. This area includes properties owned by the Port of Olympia.

E.    "Mains" means water lines designed or used to serve more than one premises.

F.    "Person," "customer," "owner," "occupant," or "agent," shall be held to include natural persons of either sex, associations, copartnership’s and corporations whether acting by themselves or by a servant, agent or employee; the singular number shall be held to include the plural and the masculine pronoun to include the feminine.

G.    "Premises" means a continuous tract of land, building or group of adjacent buildings under a single control with respect to use of water and responsibility for payment therefor. Subdivisions of such use or responsibility shall constitute a division into separate premises as defined in this section.

H.    "Service connection" means that portion of the city water supply system connecting the supply system on a premises to the city water distribution main including the tap into the main, the water meter and appurtenances and the service line from the main to the meter and from the meter to the property line. Service connections include connections for fire protection as well as for domestic, commercial and industrial uses.

I.    "Standard or permanent mains" means mains conforming to the standard specifications of the city with respect to materials and minimum diameter.

J.    "Standard specifications" means those standard specifications for public works construction which have been adopted by the city commission.

K.    "Substandard or temporary mains" means mains which do not conform to the standard specifications of the city with respect to materials and/or minimum diameter.

L.    "Superintendent" means the superintendent of the water department of the city. Any act in this chapter required or authorized to be done by the superintendent may be done on behalf of the superintendent by an authorized employee of the water department.

(Ord. 6420 §1, 2006; 3506 §2, 1969).

13.04.030 - Rules for administration and enforcement –Copy filing –Noncompliance

The city supervisor, subject to approval of the commission, shall have the power to adopt rules and regulations not inconsistent with the terms of this chapter for carrying out and enforcing the payment, collection, and remittance of the rates defined in this chapter, and the rules and regulations affecting the operation of the water system as such relate to services, connections, and the general operation of the utility; a copy of such rules and regulations shall be on file and available for public examination at the office of the clerk-treasurer or at such other place or places as may be designated by the commission. Failure to comply with any such rules and regulations shall be deemed a violation of this chapter.

(Ord. 3506 §3, 1969).

13.04.040 - Comprehensive water system plan –Contents

The city engineer is authorized and directed to prepare a comprehensive plan for the city water supply and distribution system and to determine the standards for development and improvement of the system to provide adequate water supply for domestic and industrial consumption and fire protection. The plans shall be on file at the offices of the engineer and shall include:

A.    Main sizes required on all existing city streets;

B.    Main sizes required outside the city limits in those areas which are being served by city water;

C.    Main sizes and approximate locations for future major distribution mains in areas in which public streets do not presently exist;

D.    The location and construction standards for all waterworks facilities including, but not limited to, mains and appurtenances, reservoirs, and pump stations;

E.    Such other information as may be deemed necessary by the engineer or the commission.

(Ord. 3506 §4, 1969).

13.04.060 - Application for service

All applications for water service connections to and/or the use of water within any premises shall be made at the office of the water department or at such other place or places as the commission may designate. Every such application shall be made by the owner of the property to be furnished, or by his authorized agent, and the applicant shall state fully and truly all the purposes for which the water may be required, and must agree to conform to the regulations and rules established from time to time as the condition for the use of the water. The applicant must further agree as a condition precedent in the premises that the city shall have the right at any time, without notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or for any other reason, and that the city shall not be responsible for any damage caused by the breaking, bursting, or collapsing of any boilers, pipes or fixtures, or by the stoppage, or interruption of the water supply, or any damage whatever resulting directly or indirectly from the shutting off of the water.

(Ord. 3506 §6, 1969).

13.04.070 - Use of water must be for purposes stated in application

It is unlawful for any person supplied with water from the city’s water supply system to use the water for purposes other than those named in the application upon which rates for water are based, or for any other purposes than that for which his application provides, or to use it in violation of any provision of this chapter.

(Ord. 3506 §6, 1969).

13.04.080 - Waste of water prohibited

No person shall waste water or allow it to be wasted. Waste of water is defined as: applying water to a landscape in sufficient quantity to cause significant runoff of that water to impervious areas or to allow significant overspray onto non-landscaped areas; applying water to a landscape in sufficient quantity to cause substantial puddling of that water at the ground surface; allowing leaking valves, pipes, closets, faucets, or other fixtures; or allowing any pipes or faucets to run open to prevent the service from freezing or for any other reason. This section shall apply only to use of water from the City of Olympia water supply system.

(Ord. 6161 §1, 2001; Ord. 3506 §7, 1969).

13.04.090 - Damaging or interfering with water system prohibited

A.    It is unlawful for any person to willfully disturb, break, deface, or damage any fire hydrant, water meter, gate valve, water pipe or other waterworks appurtenance together with the buildings, grounds, and improvements thereon belonging to or connected with the water system of the city in any manner whatsoever.

B.    It is unlawful for any person to open, close, turn or interfere with, or attempt to, or to connect with any fire hydrant, valve, or pipe belonging to the city unless authorized by the superintendent in writing; provided, this rule shall not apply to members of the city fire department or such other fire department duly authorized to operate fire hydrants while acting in such capacity.

C.    It is unlawful for any person to throw refuse or any substance into any city reservoir or to throw any deleterious matter in or upon any part of the city’s watershed or water supply system.

(Ord. 3506 §8, 1969).

13.04.100 - Sprinkling during fires prohibited

It is unlawful for any person to knowingly use water for a lawn or garden sprinkling or irrigating purposes on any premises during the progress of a fire or conflagration within the city water system.

(Ord. 3506 §9, 1969).

13.04.110 - Cross-connections prohibited

A.    All cross-connections between any private water supply and the municipal water supply of the city, as that term is defined in WAC 248-54-480, whether or not such cross-connections are controlled by automatic devices, such as check valves, or by hand-operated mechanisms, such as gate valves or stopcocks, are prohibited. In addition to any penalties provided by this chapter, failure on the part of persons, firms, or corporations to discontinue the use of any and all cross-connections and to physically separate such cross-connections will be sufficient cause for the discontinuance of the public water service to the premises on which the cross-connection exists. It is further unlawful to maintain any plumbing or arrangement or interconnection whereby, in the judgment of the superintendent, the city water supply system either on or off the premises may be contaminated.

The superintendent shall, in cooperation with the health officer, make periodic inspections of premises served by the Olympia municipal water supply system to check for the presence of cross-connections. Any cross-connections found in such inspection shall be ordered removed by the superintendent. If any immediate hazard to health is caused by the cross-connection, water services to the premises shall immediately be discontinued until it is verified that the cross-connection has been removed. This section does not apply to the interconnection of the city water supply system with the water supply system of another municipality where approved by the commission.

B.    Backflow prevention devices, approved by the superintendent, shall be installed at the service connection or within any premises where, in the judgment of the superintendent or the health officer, the nature and extent of activities on the premises, or the materials used in connection with the activities, or materials stored on the premises would present an immediate or dangerous hazard to health should a cross-connection occur, even though such cross-connection does not exist at the time the backflow device is required to be installed. A backflow prevention device shall be installed at the following facilities unless the superintendent and health officer determine no hazard exists:

1.    Hospitals, mortuaries, clinics;

2.    Laboratories;

3.    Piers and docks;

4.    Sewage treatment plants;

5.    Food or beverage processing plants;

6.    Chemical plants using a water process;

7.    Metal plating industries;

8.    Petroleum processing or storage plants;

9.    Radioactive material processing plants or nuclear reactors.

(Ord. 4014 §1, 1977; Ord. 3506 §10, 1969).

13.04.120 - Use of nonconforming connection material prohibited

It is unlawful for any person to use any material not conforming to the standard specifications and the regulations of the city to connect any premises or buildings with the city water system.

(Ord. 4014 §2, 1977; Ord. 3506 §11, 1969).

13.04.130 - Emergency interruption of service

In case of an emergency, or whenever the public health, safety, or equitable distribution of water so demands, the superintendent may reduce or limit the time for or temporarily discontinue the use of water. Water service may be temporarily discontinued for purposes of making repairs, extensions, or doing other necessary work. Before so changing, reducing, limiting, or discontinuing the use of water, the water department shall notify, insofar as practicable, all water consumers affected. The city shall not be responsible for any damage resulting from interruption, change, or failure of the water supply.

(Ord. 3506 §12, 1969).

13.04.140 - Displacement of waterworks appurtenances

All persons, contractors, corporations, and other municipal departments performing construction work in streets or Utility rights-of-way, such as grading, regrading, filling, trenching, or paving shall give the superintendent eight days’ written notice in case it becomes necessary during the work to remove, displace, or change any water mains, pipes, fittings, meters, valves, or other waterworks appurtenances that may interfere with the prosecution of such work. Damage to any part of the water system shall make such person, contractor, corporation, or municipal department liable to the water department for the cost of necessary repairs and replacements.

(Ord. 3506 §13, 1969).

13.04.150 - Access to premises for inspection

Authorized employees of the water department, properly identified, shall have free access at reasonable hours of the day, to all parts or premises or within buildings thereon to which water is supplied from the city water system for the purpose of checking conformity to these regulations. In addition, such personnel are authorized, from time to time, to survey water customers as a means to update customer lists and status in a responsible and reasonable manner.

Whenever the owner or occupant of any premises supplied by the city water system restrains authorized city employees from making the necessary inspections and surveys, water service may be immediately discontinued to the premises.

(Ord. 4014 §1, 1977; Ord. 3506 §14, 1969).

13.04.160 - City employees to work on mains and service connections

Only employees of the water department or qualified contractors duly authorized by the superintendent or the city engineer shall be allowed to do any work in connection with the city mains or service connections.

(Ord. 3506 §15, 1969).

13.04.170 - Mains and services –Location from sanitary sewers

All mains, service lines and other waterworks appurtenances which carry water shall be located a sufficient distance, both horizontally and vertically, from any sanitary sewer to prevent contamination, and all locations of waterworks facilities, both public and private, which are connected to the city water system are subject to the approval of the city engineer.

(Ord. 3506 §16, 1969).

13.04.180 - Ownerships of mains and service connections

The ownership of all mains, service connections, and appurtenances in public streets or utility rights-of-way shall be vested solely in the water department of the city, and the person responsible for the construction of such mains shall relinquish, by bill of sale, all interest in the ownership of such mains upon acceptance by the city; provided, however, that all private systems existing on March 25, 1969, shall remain under private ownership unless dedicated to the city under the provisions of this chapter.

The water department will operate and maintain all approved and accepted mains in public streets or utility rights-of-way. In no case shall an owner, agent, officer or employee of any premises have the right to remove or change any part thereof without the approval of the superintendent.

No person shall install or repair a water main in any street which is or shall be connected to the Olympia water system without procuring a permit therefor. The public works director shall assess a fee for each such permit in the amount of twenty-five dollars.

(Ord. 4422 §14, 1983; Ord. 3506 §17, 1969).

13.04.190 - Private distribution systems to conform to city standards

A.    All private water distribution systems, whether located inside or outside the corporate limits of the city, in order to become or remain eligible for water to be furnished by the city must be constructed to the city’s minimum standards. All new construction and repairs shall conform to such standards. Failure to bring any system up to such standards within twelve months of written notice of defects to the owner of any such system shall result in termination of water service until corrections are made.

B.    The owner(s) of any private water distribution system connected to the water supply system of the city may petition the commission to accept ownership and maintenance of the system provided the system meets city standards or satisfactory arrangements have been made to bring the system up to standards within twelve months. Included with such petition shall be such records of the system as necessary to indicate location, size, material and date of installation of all mains and appurtenances. Prior to acceptance by the city, a valid deed or bill of sale and all necessary easements and/or franchises must be presented to the city.

C.    Nothing contained herein shall be construed to require the commission to accept any private distribution system.

(Ord. 3506 §18, 1969).

13.04.200 - Service connections –General requirements

A.    Except as provided in Sections 13.04.210, 13.04.220 and 13.04.270, no premises shall hereinafter be connected to the water supply system of the city unless there is an adjacent standard main under the ownership and exclusive control of the city.

B.    When a permit has been obtained for the installation of water service, the superintendent shall cause the premises described in the application to be connected with the water system by a service pipe extending at right angles from the main to the property line, and including a stopcock and water meter placed within the rights-of-way, which connection shall thereafter be maintained by and kept within the exclusive control of the city.

C.    Except as provided in Section 13.04.220, every separate premises supplied by city water must have its own separate meter and the premises so supplied will not be allowed to supply water to any other premises. The city engineer may require individual buildings on any premises to be separately metered.

D.    When two or more buildings on the same premises are being served unsatisfactorily by one water service connection, the superintendent shall have the right to require the installation of additional water service connections from the water main to the premises already served. When additional water service connections are provided for any premises, all water service to such premises shall be metered and installed in the regular manner.

E.    Service connections shall be installed at the expense of the property owner, the same to be installed by the city and the cost to the city charged therefor. The property owner in applying for service shall pay to the city the then prevailing cost to cover the expense for the installation. All services shall be constructed by the city from the main to the property line and shall include a suitable water meter and appurtenances. This rule shall also apply where exchanges in size of service are made at the request of the property owner. In case of replacement or new services, no service smaller than three-fourths inch shall be installed.

F.    All persons connecting to city service shall be required to use only materials conforming to the standard specifications and regulations of the city. Plumbing on premises shall conform to the uniform plumbing code of the city.

G.    Before water will be turned on to the premises connected to city mains, the service pipes must be so located that the supply for each separate building shall be controlled by a separate stop and waste cock of standard make with extension handle, approved by the superintendent, properly protected from the frost and so placed within the premises that all service pipes and fixtures may be thoroughly drained to prevent damage from freezing. All pipes placed underground outside buildings shall be installed at least two feet below finished grade. The connection between the city’s pipes at the property line and the service pipes on the premises shall be made with a union.

H.    When necessary due to the grading or regrading of public streets, the superintendent may relocate services on the premises to conform to the grade or slope occasioned by the street grading, and charge the expense to the owner of the service.

(Ord. 3506 §19, 1969).

13.04.210 - Temporary service connections

Water service may be supplied to a premises on a temporary basis during the construction of a building on the premises or during the construction of a standard main to serve the premises as long as it meets requirements for adequate backflow prevention. Application for temporary service shall only be approved upon payment of all fees and assessments required by this chapter. This application shall state fully the purposes for which water is desired, the circumstances which require service by temporary means, and the duration for which temporary service is necessary. All costs necessary to install and remove the temporary service shall be paid by the applicant.

Upon completion of the work for which the temporary service was necessary, the owner shall immediately apply for permanent service to the premises and the temporary service shall be removed. Failure to obtain permanent service shall be cause for immediate discontinuance of water supply to the premises.

(Ord. 5885 §3, 1999; Ord. 3506 §20, 1969).

13.04.220 - Service connection –Wholesale consumers

A.    The commission may, at its discretion, authorize water service to a community or number of individual users to be furnished through a common meter upon finding that service through individual meters is not practical. Where communities or a group of individuals are granted service through a common meter, such meter shall be furnished, installed, maintained, and kept within the exclusive control of the city. The cost of the installation including the meter shall be at the expense of the consumer.

B.    Where water service is supplied through a master meter, a company, association, or other form of organization, which is acceptable to the city, shall be responsible for the rates and charges set forth in this chapter.

C.    Applications for water service under the provisions of this section shall be made on the forms furnished for that purpose. The application shall include a detailed description of the premises to be served, the name and nature of the organization which is to be responsible for the service charges, the conditions or circumstances precluding service by individual meters and such other information as the commission may deem necessary.

D.    Such consumers shall file with the engineering department detailed plans of their systems in such form as specified by the city engineer. Each such consumer shall, prior to commencement of work, submit for the approval of the city engineer similar information with respect to all construction or modifications which add to, reduce, or alter the water system.

E.    Water service, under the terms of this section, shall be limited to those premises described in the application. Service to additional premises, not included in the original application shall require a separate application and approval.

F.    The ownership of the water system beyond the common meter shall be vested in the consumer and the operation, repair, expansion and renewal of the system shall be the responsibility of the consumer. The city’s responsibility shall terminate with the common meter.

G.    Any violation of the procedures required by this section shall be cause for immediate discontinuance of service to the system by the city.

(Ord. 3506 §21, 1969).

13.04.230 - Service agreements with other governmental units

The commission may, at its discretion, enter into an agreement with any other municipal corporation or governmental unit for the purpose of obtaining or providing any service relating to water supply as provided by law. Terms of such agreements shall be established by the commission for each agreement.

(Ord. 3506 §22, 1969).

13.04.240 - Water service outside city limits

A.    Property lying within the urban growth boundary and contiguous to the Olympia city limits shall annex to the city as a condition of water connection. In the alternative, the city may elect to defer annexation and require execution of an agreement described in subsection B of this section.

B.    Property lying within the urban growth area which is not annexed as a condition of water service, shall be permitted water service only upon entering into an appropriate agreement with the city containing a waiver of protest to annexation and/or power of attorney authorizing annexation at such time as the city determines the property should be annexed to the city.

1.    Application fees as established by the City Council shall be paid upon the submittal of a signed Utility Extension Agreement requesting water service for property outside the city;

2.    Requirements that the cost of the water extension be borne in whole by the applicant for water services, subject to any provisions in effect at the time of connection for latecomer reimbursement;

3.    The agreement shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project applications or approvals or when in the opinion of the Director of Community Planning & Development, a substantial change or addition is made to the project.

C.    Following execution, such agreement shall be recorded by the City Clerk in the chain of title for such property in the records of the Thurston County Auditor.

(Ord. 5943 §1, 1999; Ord. 5687 §1, 1997; 5594, §18, 1996; Ord. 5594, §18, 1996; Ord 5570, §1, 1995; Ord. 5478 §2(part), 1994).

13.04.242 - Water service outside city limits –Agreements to run with the land

The agreement described in Section 13.04.240 shall contain a provision that the obligations and privileges contained therein shall run with the land and bind future owners of said land in the same manner as the applicant is bound therein.

(Ord. 5478 §2(part), 1994).

13.04.244 - Water service outside city limits –Other sections not affected

In addition to Sections 13.04.240 and 13.04.242, all other provisions of this chapter shall apply to outside connections.

(Ord. 5478 §2(part), 1994).

13.04.250 - Construction charge assessment

Each parcel of property to be served by the water supply system shall be assessed its proportionate share of the cost of construction of a standard main in the street or streets abutting the property. Prior to approval of an application for water service, the city engineer shall ascertain if the property in question has previously contributed or been assessed its proportionate share of the construction costs. If the assessment or contribution has not previously been satisfied, the applicant shall pay this assessment as provided in this chapter prior to the approval of the application for water service.

(Ord. 3506 §24, 1969).

13.04.260 - Property not previously assessed or that has not paid costs

Property abutting upon a street containing an adjacent standard main, but not previously assessed or not having previously contributed its proportionate share of construction costs for such standard main, may be connected to such abutting main upon payment of a special construction charge as prescribed in Section 13.04.290. The charge may be paid either in cash at the time of application or on a deferred payment plan in accordance with the provisions of this section. Such special construction charge is in addition to the other applicable charges required by this chapter.

If the applicant elects to take advantage of the deferred payment plan, the owner of the premises shall execute a contract with the city in such form as prescribed by the commission to pay the construction charge with the provisions that any unpaid balance may be paid in full on the date any payment is due. The contract shall be a covenant running with the land and shall provide that the unpaid balance of the construction charge shall be a lien upon the property to which such connection is made, superior to all other liens and encumbrances except those for general taxes and special assessments, which may be foreclosed in the same manner provided by law for the foreclosure of delinquent local improvement district assessment liens. The contract shall be recorded in the office of the Thurston County Auditor at the expense of the property owner and upon payment in full a release of the lien shall be executed by the city. The contract shall further provide that in the event of delinquency in payment of the construction charges the superintendent may disconnect the city’s water service from and refuse to supply water to the premises in default until the delinquent payments are paid in full. This remedy to be concurrent with and in addition to the city’s right to foreclosure of the lien as herein provided; provided, that nothing herein shall be deemed to prevent the city, upon order of the city commission as part of a street improvement program, from replacing any existing mains with new mains of any size to prevent future street destruction for water main repairs, and such replacement may be made without cost to the abutting property owner or upon such apportionment of cost as the commission shall deem reasonable.

(Ord. 3506 §25, 1969).

13.04.270 - Use of substandard mains

No substandard or temporary mains shall hereinafter be installed and connected to the city water supply system. Existing substandard mains may be extended to serve additional customers provided the design capacity of such main is not exceeded and provided the main is under the ownership of the city. The design capacity shall be determined by the engineer.

At the time of application for the extension of a substandard main or connection to an existing substandard main, the owner of each property to be connected thereto shall pay to the city a sum of money as prescribed in Section 13.04.290 per front foot of property being served by such connection together with the costs and fees provided for water service connections; provided, however, property which has previously been assessed pursuant to a local improvement district for the installation of mains or property which has contributed its pro rata share of the cost of otherwise installing a main shall be exempt from the front foot payment. The payment to the city shall be retained by the city and shall be deposited in the water main customer’s reserve fund, to be dispersed as hereafter provided by the city commission. The property immediately abutting the connection shall be credited with the payment. Upon installation of standard mains, either by formation of a local improvement district or otherwise, the sum retained by the city in the water main customer’s reserve fund shall be applied to the payment thereof for the benefit of the property. If the front foot payment previously made is greater than the assessment required, the residue shall be paid to the then record owner of the property without interest; however, if the assessment is greater than the front foot payment previously made, then the property shall be liable for any deficiency. Whenever a standard main shall be constructed by the property owner under the direction and supervision of the city, without the formation of a local improvement district and assessments therefor, the city shall pay toward the cost of the project, out of the charges paid pursuant hereto and from the water main customer’s reserve fund, the front foot payment previously made for each parcel of land abutting a connection to be determined in the same manner as local improvement district assessments are computed, and set forth in a resolution to be duly adopted by the city commission.

(Ord. 3506 §26, 1969).

13.04.280 - Service connection –No main in street

A.    Whenever an applicant requests water service to premises with no main in the adjacent street, a standard main must be installed as a prerequisite to connection to the city water supply system. The standard main must conform with the comprehensive plan of the city water system and must be installed along the complete street frontage of the premises to be served in accordance with the comprehensive plan.

B.    A standard main may be installed by any of the following methods:

1.    The main may be installed at the expense of the owner by a competent contractor under the supervision and approval of the city engineer, in which case the city will contract with the owner to provide for the reimbursement of such owner and his assigns for a period of ten years by any owner of real estate who did not contribute to the original cost of such main and who subsequently taps onto the main for service of a fair pro rata share of the cost of construction of the main. The contract shall be recorded in the office of the Thurston County Auditor upon acceptance of construction of the main by the commission. Assessments after the expiration of the contract shall revert directly to the city.

2.    If the premises lies within the corporate limits of the city, the owner may elect to have the main installed upon making payment to the city of the appropriate main assessment as provided in Sections 13.04.250 and 13.04.290 plus a special main extension charge in accordance with the provisions of Section 13.04.300 for each lineal foot of main necessary to be installed to reach the nearest point of the premises; provided, however, that the availability of option is contingent upon a sufficient appropriation in the current water department budget to provide the necessary funds for the extension. Upon payment of the above assessments and special main extension charge, the city will undertake to have the main installed and connect the premises to such main. There shall be no reimbursement to the original applicant for subsequent connections to the main.

3.    If the premises lies within the corporate limits of the city, the owner may also elect to have the main installed by the formation of a local improvement district as prescribed by state law and the ordinances of the city.

(Ord. 3506 §27, 1969).

13.04.290 - Main assessment rates

Whenever any main is hereinafter installed by the local improvement district method, the assessment rates to be charged to the property specially benefited shall be established by the commission. Main assessments for that property not involved in a local improvement district or for those mains installed at city expense without the formation of a local improvement district shall coincide with the assessment rate fixed by the commission for local improvement districts and the assessment shall be applied in the same manner as local improvement district assessments.

Whenever the city requires a main size larger than would be required to serve the adjacent property or, in the case of a subdivision or development, a main size larger than required to serve that development, the city shall participate in the cost of the main to the extent of the additional size required, provided the amount of such participation shall be established by the city engineer prior to the commencement of construction.

(Ord. 3506 §28, 1969).

13.04.300 - Special main extension charge

Whenever a main is installed within the corporate limits under the provisions of subdivision 2 of Section 13.04.280, the special extension charge to be paid shall be equal to one-half the then prevailing assessment rate provided in Section 13.04.290.

(Ord. 3506 §29, 1969).

13.04.310 - All services to be metered

All service connections to the city water system shall be metered and all meters shall remain the property of the city and any meter may be exchanged with another meter of similar kind as deemed necessary by the superintendent.

(Ord. 3506 §30, 1969).

13.04.320 - Turning on water

Whenever the owner or occupant of any premises connected with the city’s water supply system desires to use water, he shall notify the superintendent and request that the water be turned onto the premises. The owner shall leave his portion of a new service exposed in the trench until the water is turned on by the superintendent, when he shall immediately properly cover the pipe.

(Ord. 3506 §31, 1969).

13.04.330 - Permission required to connect or turn water on or off

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

(Ord. 3506 §32, 1969).

13.04.340 - Notice required to have water discontinued

Should it be desired to discontinue the use of water supplied to any premises, notice must be given to the superintendent. The water will then be turned off and turned on again on application without charge.

(Ord. 3506 §34, 1969).

13.04.350 - Service reconnection or transfer of service

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

(Ord. 3506 §35, 1969).

13.04.360 - Occupant turning on water –Penalty

Should the owner or occupant of the premises turn on the water or suffer or cause it to be turned on after it has been shut off at the curb cock by the superintendent, it may be turned off by the director of public works, and an additional charge as set forth in Title 4 of this code made for the expense of turning it off and on.

(Ord. 5126 §13, 1990; Ord. 3506 §35, 1969).

13.04.370 - Charges to become lien

The city shall have a lien against premises to which water has been furnished, which lien shall be in the amount and to the extent allowed by RCW 35.21.290 as the same now exists or may hereafter be amended. The lien shall be enforced in the manner allowed by RCW 35.21.300 as it now exists or may hereafter be amended.

(Ord. 3506 §37, 1969).

13.04.375 - Water general facility charges

A.    There shall hereafter be assessed a water general facility charge for the connection of any premises to the city water system as set forth in Title 4 of this code.

B.    Except as set forth in subsections C and D below, such charge shall become due and payable no earlier than at the time of issuance of a building permit and no later than at the time each connection is completed, and at the rate in effect at the time of payment. For projects located outside the City, the date of building permit issuance by Thurston County shall constitute the earliest time of payment. This charge shall be assessed in addition to any other charges or assessments levied under this chapter. Said funds shall be deposited in the water facility trust fund established under Section 3.04.740 and shall be used only for the purposes enumerated therein.

C.    The Water GFC may be deferred for residential developments in the Downtown Deferred General Facility Charge Payment Option Area. An unpaid Water GFC deferred under this section shall constitute a lien against the property for which it is payable. Payment of a Water GFC need not be made prior to the time of connection if the payer provides the Community Planning and Development Department with proof that a Voluntary General Facility Charge Lien Agreement, in a form approved by the City Attorney, has been executed by all legal owners of the property upon which the development activity allowed by the building permit is to occur, and the agreement has been recorded in the office of the Thurston County Auditor. When such deferral is sought for a portion of the development activity, the City, at its sole discretion, shall determine the portions of the Water GFC to be applied to the portions of the development activity. If a Voluntary General Facility Charge Lien Agreement has been recorded, payment of the Water GFC shall be deferred under the following conditions:

1.    The Water GFC will be assessed at the rate in effect at the time of issuance of the building permit for the project, and

2.    Payment of the Water GFC will be made at the earlier of the closing of sale of the property or any portion of the property, or three (3) years from the date of the City’s issuance of a Certificate of Occupancy for the property against which the Water GFC is assessed, and

3.    A GFC payment made within one (1) year of issuance of the Certificate of Occupancy for the development shall pay the fees assessed at the time of issuance of the building permit, or

4.    A GFC payment made within the second year from issuance of the Certificate of Occupancy for the development shall pay the Water GFC plus interest, for a total of 105% of the fees assessed at the time of issuance of the building permit, or

5.    A GFC payment made within the third year from issuance of the Certificate of Occupancy for the development shall pay the Water GFC plus interest, for a total of 110% of the fees assessed at the time of issuance of the building permit.

In the event that the Water GFC and/or interest (if any) is not paid within the time provided in this subsection, all such unpaid charges, fees and interest shall constitute a lien against the property for which they were assessed. The lien may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.43 of this Code. The City may use other collection methods at its option. In the event of foreclosure, the owner at the time of foreclosure shall also pay the City’s reasonable attorney fees and costs incurred in the foreclosure process. Notwithstanding the foregoing, the City shall not commence foreclosure proceedings less than thirty (30) calendar days prior to providing written notification to the then-present owner of the property via certified mail with return receipt requested advising of its intent to commence foreclosure proceedings. If the then-present owner cures the default within the thirty-day cure period, no attorney fees and/or costs will be owed.

The deferred payment option set forth in this subsection shall terminate on August 1, 2009, unless otherwise re-authorized by the City Council.

D.    Where the Water GFC is assessed upon connection of an existing residential dwelling which previously received water from a different source, a property owner who is economically disadvantaged may, in lieu of a lump sum payment, pay the charge over a maximum three (3) year period. To qualify, the owner shall execute a Voluntary General Facility Charge Lien Agreement with the City which sets forth, among other terms, a quarterly or annual payment schedule to run no more than three (3) years from execution or the sale of the property, whichever occurs first. The agreement shall require that any balance owing shall be due in full upon sale of the property or the expiration of three (3) years from execution of the agreement. The payments shall be secured by a lien against the property served, which may be enforced either by foreclosure pursuant to RCW 61.12 or by termination of water service pursuant to Section 13.04.43 of this Code. The City may use other collection methods at its option. The agreement shall be prepared by the City Attorney and made available by the appropriate official in the Water Division. For the purpose of this section, the term "economically disadvantaged" shall have the same meaning as provided in OMC Section 3.20.300.

(Ord. 6420 §2, 2006; 6357 §1, 2005; Ord. 5847 §1, 1998; Ord. 5669 §2, 1997; Ord. 5522 §1, 1995; Ord. 5126 §14, 1990; Ord. 4993 §2, 1989).

13.04.380 - Water meter rates –Inside city limits

A.    Schedule I: Monthly Charges. The schedule as set forth in Title 4 of this code is the monthly charge based upon meter size for all consumers. Monthly charges for meter sizes not listed in the schedule shall correspond to the next larger meter size listed.

B.    Rates for Wholesale Consumers. The council may at its discretion pass a special ordinance fixing rates for such wholesale consumers as may be authorized by the council under the provisions of Section 13.04.220 or for industrial, manufacturing, commercial, or other such consumers, using in excess of one million cubic feet of water per month.

C.    State Buildings with Sprinkler Systems or Fire Service Connections. All buildings owned by the state with an automatic sprinkler system or special fire service connected with the city water distribution system shall pay the ready to serve charge based on pipe size as substituted for equal meter size in the rate schedule. No water shall be used through such connections or sprinkler systems except for actual fire control. If the consumer is found using water through unmetered special fire or sprinkling service connection for other than fire protection, then each such connection of three inches or over shall be equipped with a detector check type of meter, and those connections under three inches shall be equipped with a conventional type of meter.

D.    Residential, Unmetered Services. Residential unmetered services shall be charged as set forth in Title 4 of this code.

(Ord. 5313 §2, 1992; Ord. 5126 §15, 1990; Ord. 4993 §1, 1989; Ord. 4730 §1, 1986; Ord. 4582 §1, 1985; Ord. 4408 §1, 1983; Ord. 4014 §5, 1977; Ord. 3506 §38, 1969).

13.04.390 - Water meter rates –Outside city limits

A.    Charges for the use of water outside the corporate limits of the city shall be as provided in subsections A, C and D of Section 13.04.380, as amended, plus fifty percent; provided, that the fifty percent surcharge herein shall not apply to charges for water service to such properties within Olympia’s Urban Growth Management Area which cannot be annexed due to nonadjacency to the city limits or due to city policies, and for which a power of attorney or agreement to annex in the future is executed.

B.    Subsections B and D of Section 13.04.380 shall prevail for water services outside the city.

(Ord. 5635 §1, 1996; Ord. 4582 §2, 1985; Ord. 3506 §29, 1969).

13.04.400 - Charges for hydrants and fire protection outside city limits

All business, industrial, commercial or manufacturing consumers of city water located outside the city limits shall pay for protection afforded by fire hydrants as follows:

A.    All such users who have a fire hydrant located upon property owned or leased by the user shall pay a fee as set forth in Title 4 of this code.

B.    All such users with an automatic sprinkler system or special fire service connection with the city water distribution system shall pay the monthly ready to serve charge based on pipe size as substituted for equal meter size provided in the rate schedule set forth in Title 4 of this code. All such sprinkler systems or special fire services with a connection of three inches or over shall be equipped with a detector check type of meter, and those connections under three inches shall be equipped with a conventional type meter, and all water used through said systems shall be paid for at the same rates provided for in Title 4 of this code in addition to the minimum rate provided for in this chapter.

C.    With reference to all fire hydrants located on public rights-of-way and serving areas outside the corporate limits of the city, the agency responsible for furnishing fire protection to the area shall pay to the city the sum as set forth in Title 4 of this code. Failure to pay the sums to the city shall be cause for the removal of all such hydrants.

D.    The city shall not furnish water for fire protection to any area outside of the city that is not served by the city water for domestic water supply.

(Ord. 5126 §16, 1990; Ord. 4408 §2, 1983; Ord. 3506 §40, 1969).

13.04.410 - Water for construction purposes

A.    Any owner, agent, or contractor intending to use water in the course of the construction of any commercial building or of any street, utility, etc., shall apply to the water department on forms provided for that purpose. Water for construction purposes shall be furnished only upon application and will be charged for at the rate as set forth in Chapter 4.24 of this code for consumption, the same to be billed at the time of return of meter; and all delinquent and unpaid charges therefor shall become a lien upon the premises supplied and shall be collected in the same manner as other delinquent and unpaid charges.

B.    For the cost of water used during construction of any residential building, a flat fee will be assessed at the time the building permit fee is paid. The fee will be the amount set forth in Chapter 4.24 of this code. A permit for water use for residential construction shall be issued along with the building permit.

(Ord. 5885 §2, 1999; Ord. 5126 §17, 1990; Ord. 4408 §3, 1983; Ord. 3506 §41, 1969).

13.04.420 - Cash deposit for water service

Meter consumers may be required to make a cash deposit with the water department, based upon the estimate of the monthly consumption through the meter as set forth in Title 4 of this code. The deposit shall be held by the water department until the severance of the contract, and shall be repaid to the customer after all claims against the premises have been fully paid.

Deposits for bimonthly customers, when required, shall be based upon the estimate of the bimonthly consumption.

(Ord. 5126 §18, 1990; Ord. 4014 §6, 1977; Ord. 3506 §42, 1969).

13.04.430 - Payment of water bills –Delinquency Notification –Service discontinued for nonpayment –Past due fees

Monthly and bimonthly statements of charges for water service shall be due and payable at the office of the clerk-treasurer, or at such place or places designated by him/her, on the date established by the director of administrative services as set forth in Chapter 4.24 of this code. The statements shall cover service charges for the period shown thereon and shall be issued and forwarded by mail to the customer as soon as practical after the service period.

Delinquency and nonpayment of one or more water service charges shall be sufficient cause for discontinuance of service by turning off the water service to the premises notwithstanding the existence of any deposits made as provided in Section 13.04.420. Water service shall not be turned on again until all charges, together with penalties set forth in Title 4 of this code for shutting off and turning on the water and for delinquency notification are paid, or a satisfactory arrangement and agreement for payment of delinquent charges and penalties has been made with the water division.

(Ord. 6034 §2, 2000; Ord. 5398 §2, 1993; Ord. 5126 §19, 1990; Ord. 4408 §4, 1983; Ord. 4014 §7, 1977; Ord. 3506 §43, 1969).

13.04.440 - Violations -- Misdemeanor -- Gross Misdemeanor -- Civil Infraction

A.    Any person, firm, or corporation who knowingly violates or fails to comply with any term or provision of this chapter shall be deemed to have committed a misdemeanor, and if found guilty, shall be subject to a fine not to exceed One Thousand Dollars ($1,000), and/or to imprisonment not to exceed ninety (90) days or to both such fine and imprisonment. Each day shall be a separate offense. In the event of a continuing violation or failure to comply, the second and subsequent days shall constitute a gross misdemeanor punishable by a fine not to exceed Five Thousand Dollars ($5,000) and/or imprisonment not to exceed three hundred and sixty-five (365) days or both such time and imprisonment. Continuing violation shall mean the same type of violation which is committed within a year of the initial violation.

B.    As an additional concurrent penalty, it shall be a civil infraction for a person, firm, or corporation to violate or fail to comply with any term or provision of this chapter. Each day shall be a separate infraction. A person, firm, or corporation found to have committed a civil infraction shall be assessed a monetary penalty as follows:

1.    First offense: Class 3 ($50), not including statutory assessments.

2.    Second offense arising out of the same facts as the first offense: Class 2 ($125), not including statutory assessments.

3.    Third offense arising out of the same facts as the first offense: Class 1 ($250), not including statutory assessments.

See also OMC Chapter 4.44, Uniform Code Enforcement.

(Ord. 6081 §37, 2001; Ord. 3506 §45, 1969).

13.04.460 - Allocation of funds

A.    Any funds received by the director of administrative services in payment of water, sewer, garbage and/or stormwater charges shall be applied against said charges, if applicable, in the following priority:

1.    Stormwater

2.    Garbage;

3.    Sewer;

4.    Water.

B.    No amount received shall be applied against any charge unless all higher priority charges are paid in full.

(Ord. 4732 §2(part), 1986).

13.04.480 - Water system hydraulic analysis fees

Upon application for the appropriate permit; the public works department shall assess the following water System Hydraulic analysis fees:

Fire Flow Analysis:

A.    Computer run of existing system $25.00

B.    Computer run requiring minor modification to system 100.00

C.    Computer run requiring major analysis and modification to system Fee based on actual salary and benefits x 1.8 overhead

(Ord. 5065 §1, 1989).