Chapter 9.04 WATER SERVICE REGULATIONS

The ordinance codified in this chapter shall be known and may be cited as the water service ordinance of the city of Omak, Washington. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.020 Definitions.

For the purpose of this chapter the following words or phrases have the meaning set forth herein, unless the context indicates otherwise:

(a) “Approved backflow prevention device” means a device to counteract back pressures or prevent back siphonage. This device must appear on the list of approved devices issued by the Washington State Department of Health.

(b) “Auxiliary supply” means any water source of a system other than the public water system, that may be available in the building or on the premises.

(c) “Back flow” means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases or substances into the water system of Omak.

(d) “City” means the city of Omak.

(e) “Commercial services” means water services to multiple dwelling units or businesses engaged in the light manufacturing and/or sale of a commodity or commodities, or the rendering of a service, such as hotels, motels and hospitals.

(f) “City clerk” means the city clerk of the city of Omak.

(g) “Council” means the city council of the city of Omak.

(h) “Cross-connection” means any physical arrangement where a public water system is connected, directly or indirectly, with any other nondrinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp cooler, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or change-over devices or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross-connections.

(i) “Customer” means all persons obtaining water service from the water supply system of the city of Omak.

(j) “Department” means the public works department of the city of Omak.

(k) “Director” means the public works director of the city of Omak.

(l) “Fee schedule” means the current city of Omak fee schedule setting various fees or charges for services as adopted by the city council by resolution.

(m) “Industrial services” means water service connections to a business enterprise engaged in the manufacture of products, materials, equipment, machinery and supplies on a substantial or major scale.

(n) “Main” means waterline designed or used to serve more than one premises.

(o) “Multiple dwelling units” means duplexes, apartment buildings, condominiums, mobile home parks, trailer courts, etc.

(p) “Permanent main” means a main of cast iron, ductile iron or other materials as approved by the director which are constructed to city standards and approved and accepted for use by the city.

(q) “Premises” means a private home, building, apartment house, condominium, trailer court, mobile home park, a group of adjacent buildings or property utilized under one ownership and under a single control with respect to use of water and responsibility for payment therefor.

(r) “Reduced pressure principle device” means an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The device shall include properly located test cocks and tightly closing shutoff valves at the end of the assembly. A check valve is approved if it appears on the list of approved devices issued by the Washington State Department of Health.

(s) “Residential service” means a water service connection to a single-family dwelling unit.

(t) “Service installation,” “service connection,” or “connection” means all piping and fittings from the main to the property owner’s side of the water meter assembly.

(u) “System” means all water source and supply facilities, transmission pipelines, storage facilities, pumping plants, distribution mains and appurtenances, vehicles, and materials-storage facilities.

(v) “System development fee” means a charge made for new system connections to help defray the cost of past and future system improvements. Once it has been paid by a customer for a property, it will not be collected again if the service is repaired or replaced with the same size service in the future.

(w) “Temporary main” means mains which do not conform to city standards with respect to size, location, type of material and/or method of installation.

(x) “Treasurer” means the treasurer of the city of Omak.

(y) “Water service area” means that area consisting of the corporate limits of the city of Omak and those areas that have been or may be designated for water service by the city council. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.030 Purpose of provisions.

The purpose of this chapter is to establish fees for service, and general rules and regulations for the service and extension of service from the water system of the city, and to promote the public health, safety and general welfare of the users of the water system, in accordance with standards established by the city, county, state and federal governments. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.040 Applicability.

The provisions of this chapter shall apply to all water services provided by and all work performed by the department. The city shall be the exclusive provider of domestic water within the city limits. The city shall not provide water outside the city limits, except by agreement made and entered into prior to June 1, 2002, or to facilities that are owned and operated by the Confederated Tribes of the Colville Indian Reservation in areas that may be within or added to the city’s water service area as approved by the Department of Ecology. (Ord. 1646 § 1 (part), 2009: Ord. 1482 § 1, 2002: Ord. 1282 (part), 1995,).

9.04.050 Administration—Service policies.

(a) The director and the city clerk may make such administrative determinations for the proper operation of this chapter as are not inconsistent with its provisions.

(b) The city clerk shall promulgate and enforce such customer-service policies and related additional rules as may be deemed necessary from time to time to encourage and facilitate the use of water, pursuant to city council resolution approving the same. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.060 Inspection.

(a) Authorized employees of the city, properly identified, shall have access, at reasonable hours of the day, to all parts of a premises or buildings to which water is supplied by the city, for the purpose of assuring conformity to these regulations.

(b) Whenever the owners or occupants of any premises supplied by the department restrains authorized city employees from making such necessary inspections, water service may be refused or discontinued. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.070 Emergency interruption of service.

(a) In case of emergency, or whenever the public health, safety, or the equitable distribution of water so demands, the director may authorize the department to change, reduce or limit the time for, or temporarily discontinue the use of water. Water service may be temporarily interrupted for purposes of making repairs, extension, or doing other necessary work.

(b) Before so changing, reducing, limiting or interrupting the use of water, the department shall notify, insofar as practicable, all water consumers affected.

(c) The city shall not be responsible for any damage resulting from interruption, change or failure of the water supply system. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.080 Discontinuance of service.

The city may discontinue service by reason of failure to pay a bill for service or the failure to comply with the terms of this chapter, in accordance with the procedures established by state law, this chapter and other city ordinances. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.090 City not liable for damages.

The city shall not be liable for damages nor will allowances be made for loss of production, sales or service, in case of water pressure variations, or in case the operation of the city’s source of water supply or means of distribution fails or is curtailed, suspended, interrupted or interfered with, or for any cause. Such pressure variation, failure, curtailment, suspension, interruption or interference shall not be held to constitute a breach of contract on the part of the city, or in any way affect any liability for payment for water made available. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.091 Cross-connections regulated.

No cross-connections shall be created, installed, used or maintained within the territory served by Omak except in accordance with these regulations. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.092 Backflow prevention device requirement.

Approved backflow prevention devices shall be installed at the expense of the user, either at the service connection or within the premises, as determined by a certified cross-connection inspector employed by the city in each of the following circumstances:

(1) If the nature and extent of any activity on the premises, or the materials used in connection with any activity of the premises, or materials stored on the premises, could contaminate or pollute the drinking water supply;

(2) On premises having any one or more cross-connections as that term is defined in Section 9.04.020(h);

(3) Internal cross-connections that are not correctable, or intricate plumbing arrangements which make it impractical to ascertain whether or not cross-connections exist;

(4) A repeated history of cross-connections being established or reestablished;

(5) Unduly restricted entry so that inspections for cross-connections cannot be made with sufficient frequency or with sufficient notice to assume that cross-connections do not exist;

(6) Materials of a toxic or hazardous nature being used such that, if back siphonage should occur, a health hazard could result;

(7) Any mobile apparatus which uses the city’s system or water from any premises within the city;

(8) On any premises where installation of an approved backflow prevention device is deemed to be necessary to accomplish the purpose of these regulations in the judgment of a qualified cross-connection specialist employed by the city;

(9) On any premises where an appropriate cross-connection report form has not been filed with the office of the public works department. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.093 Backflow prevention device installation requirements.

To ensure proper operation and accessibility of all backflow prevention devices, the following requirements shall apply to the installation of these devices:

(1) No part of the backflow prevention device shall be submerged in water or installed in a location subject to flooding. If installed in a vault or basement, adequate drainage shall be provided.

(2) Devices must be installed at the point of delivery of the water supply, before any branch in the line, on property located just inside of the property line. Alternate locations must be approved in writing by the Omak public works department prior to installations.

(3) The device must be protected from freezing and other severe weather conditions.

(4) All backflow prevention device assemblies shall be of a type and model approved by the Washington State Department of Health and the city of Omak.

(5) Only devices specifically approved by the Washington State Health Department for vertical installation may be installed vertically.

(6) The device shall be readily accessible with adequate room for maintenance and testing. Devices two inches and smaller shall have at least six inches clearance on all sides of the device. All devices larger than two inches shall have at least six inches clearance on all sides of the device. All devices larger than two inches shall have a minimum clearance of twelve inches on the back side, twenty-four inches on the test cock side, twelve inches below the device and thirty-six inches above the device.

(7) The property owner assumes all responsibility for all maintenance and annual testing of the device.

(8) If written permission is granted to install the back-flow prevention device inside of the building, the device shall be readily accessible during regular working hours of eight a.m. to five p.m., Monday through Friday. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.095 Annual testing and repairs.

All backflow prevention devices installed within the territory served by Omak shall be tested immediately upon installation and annually thereafter by a state certified tester and the results of the tests provided to the city. All such devices found not functioning properly shall be promptly repaired or replaced by the water user. If any such device is not promptly repaired or replaced, the city may deny or discontinue water to the premise. All testing and repairs are the financial responsibility of the water user. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.096 Variances.

Any variance from the requirements of Sections 9.04.092 through 9.04.095 must be requested in writing and approved in writing by the Omak public works director prior to the installation of any such device or variance from the requirements set forth herein. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.097 Costs of compliance.

All costs associated with purchase, installation, inspections, testing, replacement, maintenance, parts, and repairs of the backflow prevention device are the financial responsibility of the water user. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.098 Termination of service.

Failure on the part of any customer to discontinue the use of all cross-connections and to physically separate cross-connections is sufficient cause for the immediate discontinuance of public water service to the premises. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.100 Hydrants—Authorized use.

It is unlawful for any person, other than authorized employees of the fire and public works departments of the city, to operate fire hydrants and hose outlets, unless proper arrangements have been made for payment thereof and permission has been granted by the department. Any hydrant use must must utilize an approved hydrant meter with a backflow prevention device. A hydrant meter will be provided by the city upon submission of a refundable damage deposit and a nonrefundable permit fee as specified in the fee schedule. There will be a daily hydrant meter rental fee for each day that the meter is in the possession of the user as specified in the fee schedule. The water use rate will be based on the monthly charge for a three-inch meter for the first one thousand cubic feet of water, and excess water used as specified in the fee schedule. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.110 Unlawful acts designated.

(a) Any person causing damage to any property belonging to the department shall be liable to the department for any and all damages resulting either directly or indirectly therefrom.

(b) It is unlawful for any persons to willfully disturb, break, deface, damage or trespass upon any property belonging to or connected with the water system of the city, in any manner whatsoever.

(c) It is unlawful for any person to store, maintain or keep any goods, merchandise, materials or rubbish within a distance of five feet of, or to interfere with the access to or operation of any water meter, gate valve, fire hydrant, or other appurtenance in use on any water service connection, water main or fire protection service. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.130 Application for service.

(a) An application shall be made for all service connections, for the use of fire hydrants, and for work to be performed by the department. Such application shall be on forms provided by the department.

(b) An application shall be accompanied by all fees required by this chapter.

(c) The application shall provide all information required by this chapter, as well as all other information determined by the city clerk to be necessary for consideration and action upon the application.

(d) The application, when approved by the city clerk, shall constitute an agreement whereby the applicant agrees to conform to the provisions of this chapter, as now enacted or hereafter amended.

(e) A change of use of the served premises will require a new application for service be made. For further clarification see Section 9.04.140(h). (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.140 Conditions applicable to all water service connections.

(a) All service connections shall be metered.

(b) Each served premises must have a separate connection to a main, unless otherwise approved by the director when impossible or impractical. Water will not be provided to more than one customer or premises through a single-service connection, and separate service applications are required for each premises. When two customers are being served by a single-service connection on the effective date of the ordinance codified in this chapter the director may require the installation of a new service at the cost of the customer.

(c) All accounts for water shall be kept in the name of the owner of the property and not in the name of the tenant, and the owner, under all circumstances, shall be held responsible for payment of all rates and charges; provided, however, that actual billings may be made to the address of a tenant who holds a written lease; however, this shall not serve to relieve the owner of ultimate responsibility and liability for payment of all charges.

(d) When the premises for which service is sought does not abut a main with sufficient pressure and capacity to provide the required flow at the property line, the application for service shall be rejected.

(e) No application for water service shall be accepted or approved for locations outside of the city water service area.

(f) The furnishing of water by a customer to premises other than that serviced by the customer’s service is prohibited, except as may be approved by the director, and except during emergencies; provided, that emergency service cannot continue for more than thirty days and an application for emergency service shall be made to the department within forty-eight hours of the onset of the emergency.

(g) A request for a change in the size of service connection shall be treated as a request for a new service installation, except when the request is for down-sizing an existing service connection. Down-sizing shall be handled on a case-by-case basis by the public works director and with his approval. Charges for down-sizing an existing service will be for actual costs only, not for the cost of a new installation.

(h) A change of use of the served premises will require a new service connection, unless the existing service is adequate for the changed use, as determined by the director.

(i) All water service connections shall be made by the department (unless the director authorizes and supervises installation by a qualified contractor after payment of applicable hook-up fees).

(j) The cost of such connections shall be paid by the customer at the time of application.

(k) The fees established by this chapter are for the water service connection only. Where special conditions exist, such as inability to bury service lines, the actual costs of installation shall be charged to the customer in addition to any administrative fees and water service connection fees.

(l) When buildings are replaced by new buildings, the existing water service connection shall not be used when the director determines that such connection is not acceptable. In such instance, the customer shall be required to install a new water service connection, in accordance with the terms of this chapter. (Ord. 1646 § 1 (part), 2009: Ord. 1578 § 1, 2006; Ord. 1303 § 1, 1996; Ord. 1282 (part), 1995).

9.04.150 Fees—Residential, commercial or industrial service connections.

(a) The fee for all new service connections to the city’s water system shall be based on the total actual cost of the installation plus twenty percent overhead. This cost will include the actual cost of tapping the city main, provision and installation of all necessary piping, meters, valves, meter boxes, and surface restorations. Upon receipt of an application for a new service, the city water department shall make an estimate of the cost of the installation based on the size of meter to be installed, the size of the piping requested, the distances and the surface restoration needed. The applicant shall pay a deposit in the amount of the estimate prior to commencement of work. The work shall be thereafter billed on the basis of actual cost of installation plus administrative overhead of twenty percent. The applicant shall be refunded any underrun or billed for any overrun of the actual cost compared to the deposit made.

(b) The director may allow services to be installed by a certified contractor and shall be installed at the landowner’s expense for the service line, meter, meter box and service line from the water main to the property line. This installation must be done in accordance with the city’s standard specifications, and use a meter that is of the same brand and model as being used by the city, and said meters will be available through the city. All contractor installed connections must be inspected and approved by the director prior to being covered or backfilled. (Ord. 1646 § 1 (part), 2009: Ord. 1578 § 2, 2006; Ord. 1543 § 1, 2005; Ord. 1282 (part), 1995).

9.04.160 Fees—System development fees.

A system development fee will be charged for all new connections to the city’s water system based on the size of the meter installed as shown on the following table:

Water System Development Fees
Size of Service	System Development Fee for Inside City Limits	System Development Fee for Outside City Limits
5/8" x 3/4" Meter	$1,000.00	$2,000.00
3/4" Meter	$1,250.00	$2,500.00
1" Meter	$1,500.00	$3,000.00
1-1/2" Meter	$2,000.00	$4,000.00
2" Meter	$3,000.00	$6,000.00
3" Meter	$5,000.00	$10,000.00
4" Meter	$7,500.00	$15,000.00
6" Meter	$10,000.00	$20,000.00

These water system development fees shall be in addition to any fees or charges imposed under the provisions of Section 9.04.510. If a service is replaced with a larger meter size, the owner will pay the difference between the current system development fee for the meter being installed and the one being replaced. (Ord. 1646 § 1 (part), 2009: Ord. 1578 §§ 3, 4, 2006; Ord. 1282 (part), 1995).

9.04.170 Ownership of permanent facilities.

(a) The ownership of all water mains and service connections in public rights-of-way shall be solely vested in the city.

(b) The ownership and responsibility for the maintenance of individual service pipe extensions from the meter to the premises served shall be that of the owner of the premises served and the city shall not be liable for any part thereof. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.180 Owner’s service piping specifications.

(a) All water service piping leading from the water main to the meter and from the meter to the premises shall be laid not less than forty-two inches below the surface of the ground.

(b) Water service pipes or any underground water pipes shall not be laid in the same trench with building sewer or drainage piping.

(c) Water service pipes parallel to building sewers or drainage piping shall normally be above and separated by a distance of at least ten feet horizontally, unless otherwise approved by the director.

(d) Shutoff valves of approved full-flow pattern with key or handwheel shall be installed before any branch connections in the water service pipe leading from the city meter to the building within the premises served, in accordance with the applicable plumbing code. Shutoff valves where buried shall be properly enclosed in a minimum six-inch diameter pipe, or box, of concrete, plastic or iron, with an approved cover, protected from freezing and readily accessible.

(e) Valves or customer-owned equipment are not permitted to be installed within the city’s meter box.

(f) Service connections and extension pipes laid underground shall be sized in conformance with the applicable provisions of the Uniform Plumbing Code as adopted by the city.

(g) Service connection and extension pipes shall comply with the Uniform Plumbing Code in effect at the time of installation.

(h) The department may require any customer to install a pressure-reducing valve, backflow preventative device, pressure-relief valve or similar device at any location where the director determines a need, to protect the department’s facilities. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.190 Plumbing specifications.

(a) All persons installing fixtures or appliances to be supplied with water from the city water mains shall be subject to the requirements of the applicable plumbing code of the city. Persons installing plumbing in new buildings shall leave the valve at the meter at the “off” position upon completion of their work.

(b) Persons making additions or repairs to existing plumbing systems shall not operate the valve at the meter in any way.

(c) The director shall have the right to refuse water service or discontinue water service in any situation where it is discovered that applicable city standards and codes have not been complied with in making the installations. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.200 Lawn sprinkler specifications.

All underground irrigation systems shall be subject to the following requirements:

(a) A lawn sprinkler system connected to a domestic or commercial connection shall be equipped with a vacuum breaker or a double-check valve placed between the sprinkler stop-and-waste valve and the first sprinkler outlet. The approved vacuum breaker shall be placed at a height as provided in the applicable city plumbing code. The stop-waste-valve and vacuum breaker shall be in the sprinkler line after it branches from the water-service pipe or the building plumbing.

(b) The stop-and-waste valve for a lawn sprinkler system shall be at the same depth as the water service pipe; however, the lawn sprinkler system of the property owner may be laid to a lesser depth at the option of the owner.

(c) Such additional stop-and-waste valves as are required to properly drain the sprinkler piping shall also be installed.

(d) All sprinkler piping shall be inspected by an authorized city employee prior to backfilling the trenches.

(e) Water service may be refused to existing lawn sprinkler systems which are not equipped with a stop-and-waste valve and an approved vacuum system. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.210 Fire protection service.

(a) A water-service connection to be used solely for fire protection purposes may be installed, servicing any premises, subject to the provisions of this section.

(b) Fire-protection systems shall be provided in accordance with National Fire Protection Association Guidelines.

(c) A plan of the proposed required fire-protection system showing the general installation detail shall be required and shall be approved by the director and the fire chief prior to construction.

(d) Service of more than one premises by a fire service shall not be permitted.

(e) Fire-protection systems shall be installed and maintained by the customer in a manner approved by the department and the system shall contain an approved, tested backflow prevention device.

(f) Fire-protection systems shall be installed with a detection check meter of a size and type approved by the department.

(g) Indications of unauthorized use of water through a detector check meter more than once per calendar year shall be cause for installation of a fire-line meter at the expense of the customer.

(h) Delinquency in payment of expense for fire protection service or failure of the customer to make changes in meter installation as herein provided, after reasonable notice from the department, shall be sufficient cause for filing a lien on the property and/or discontinuance of the service. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.220 Turn-on—New installation.

When new water service connections are installed by the department for any premises, the valve at the meter shall be turned to the “off” position and remain off until a turn-on is applied for and an order shall be issued by the department upon written application therefor by the owner of the premises to be supplied after inspection and approval by the department, and after the plumbing inspector has issued a certificate that all provisions of the applicable plumbing code have been complied with. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.230 Turnoff—No charge.

Except in the case of the connection or disconnection of service, after written application or verbal request, water service may be turned off without charge where such turnoff can be accomplished at a time convenient to the department. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.240 Special or emergency turn-on or turnoff fees.

Whenever a request is made of the department for an emergency turnoff or turn-on or temporary discontinuance of water service to any premises which necessitates immediate action outside of normal working hours for the crew, a charge will be made as specified in the fee schedule. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.250 Fees—Payment requirements.

(a) Emergency turn-on charges shall not be prorated for services stated during a billing period.

(b) All unpaid water service charges and penalties against the premises shall be required to be paid at the time of application for turn-on, or an arrangement for payment satisfactory to the city clerk shall be made before water is supplied to the premises. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.260 Unauthorized turn-on prohibited.

(a) It is unlawful for any person, except duly authorized employees of the city, to turn on the water supply to the premises after a turnoff is made at the meter by the city.

(b) A water service to any premises turned on by an unauthorized person, after said water supply had been turned off by the department, may, upon discovery, be disconnected by the city from the water main in the street, and shall not be connected again until all fees due as a result of the disconnecting and reconnecting of such service are paid. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.270 Authorized turn-on or turnoff—Liability disclaimer.

The city shall not be liable for any damage to persons or property resulting from a properly performed and authorized turnoff or turn-on of the water service, including but not limited to situations where water service is left on between a change of customers occupying the premises, at the request of one of the customers, or the services disconnected for nonpayment or no contract. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.280 Disconnection of service—Condemned buildings.

Whenever a premises supplied with water has been found by the proper authorities to be dangerous to human life and unfit for human habitation, and notice of such finding has been received by the department from said authorities, the director shall cause the water service to such premise to be turned off. Water service to such premises shall not be restored until the owner and/or agent has secured a release or clearance from the proper authorities. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.300 Water meters—Ownership and installation.

All meters installed on water-service connections by the department shall be and remain the property of the city and shall be removed only by the department. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.310 Water meters—Exchange and reinstallation—Overload meters.

(a) Whenever the owner of any premises desires to change the size of a meter an application shall be made to the department, as provided for in Section 9.04.140, and upon approval, the exchange will be made at the expense of the owner. Whenever the relocation of a permanent main is necessitated, all existing customer meters will be reinstalled and connected to the new or relocated permanent main at no expense to the customer.

(b) Overload Meters. Whenever demand periodically exceeds the rated capacity of a meter to the extent that the meter may be damaged, the department shall notify the owner of this fact. After evaluating the owner’s requirements, the department shall advise what size meter is necessary to give proper service without damage to the meter. The estimate of cost covering such change shall be furnished by the department, upon request by the owner, without charge. If the owner does not make the required deposit for the installation of the larger meter within thirty days after the date of the notice, then the department shall install the proper size meter, charging the total cost to the owner, or the department may discontinue service. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.320 Water meters—Maintenance and repair.

(a) The department shall maintain and repair all domestic, commercial and industrial service meters and shall replace meters periodically, when necessary, if rendered unserviceable by ordinary use.

(b) When replacement or repairs to any meter are made necessary by the willful act, neglect or carelessness of the owner or occupant of the premises served, all expenses of such replacement shall be borne by the owner or occupant of the premises. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.330 Test of meters—Billing adjustments.

(a) Upon request from a customer, based upon a complaint that the water bill for any period has been excessive, the department shall have the meter reread.

(b) Should the customer then request that the meter be tested for accuracy, he shall make a deposit, as prescribed herein, with the city clerk. The customer shall have the privilege of being present when such test is made. In case the test discloses an error of more than three percent in favor of the city, the deposit shall be refunded to the customer, a correct registering meter shall be installed and the customer’s account shall be credited with the excess consumption over the average consumption for the last previous reading, unless otherwise approved by the director. When the test discloses either no error or an error of three percent or less, the amount deposited will be retained by the department to cover a part of the cost of such test. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.340 Tests of water meters—Deposit required.

(a) The amount of the water meter test deposit shall be as follows:

For testing 5/8 x 3/4-inch meters	$30.00
For testing 1-inch meters	50.00
For testing 1-1/2-inch meters	60.00
For testing 2-inch meters	70.00

(b) For meters larger than two inches, the deposit shall be ninety dollars. The person requesting the test shall be billed the actual cost for the meter test minus the deposit made. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.350 Monthly residential water rates within city.

The following monthly minimum charges are applicable to water service to single-family residences within the corporate limits of the city. For the purposes of this section, “single-family residences” are defined as structures designed for occupancy by a single family only, containing a complete kitchen unit. Structures which are not single-family residences include, but are not limited to, single-family residences under construction, duplexes, four-plexes, apartments and rooming houses. The charge is based upon size of the meter and not the size of the service line. The minimum monthly charge will be as established in the fee schedule for each meter size, and shall include the first one thousand cubic feet of water metered in the month.

The minimum monthly rates shall entitle the user to one thousand cubic feet of water per month. Charges for water consumption in excess of one thousand cubic feet of water per month shall be as specified in the fee schedule per one hundred cubic feet. (Ord. 1646 § 1 (part), 2009: Ord. 1610 § 1, 2007: Ord. 1588 § 1, 2007: Ord. 1535 § 1, 2005: Ord. 1450 § 1, 2000: Ord. 1447 § 1, 2000: Ord. 1419 § 1, 1999: Ord. 1392 § 1, 1998: Ord. 1366 § 1, 1998: Ord. 1328 § 1, 1996: Ord. 1282 (part), 1995).

9.04.360 Monthly commercial rates within the city.

The minimum monthly charge for commercial customers will be as specified in the fee schedule.

In multiple dwelling units, an additional charge per month shall be added to the minimum meter charge for each such dwelling unit, which shall entitle the customer to an additional four hundred cubic feet consumption per unit. Consumption above the total of minimum allowed shall be charged for at the regular metered rates. The minimum charge shall be made whether the units are occupied or not.

Motels shall pay the minimum charge according to meter size for consumption of up to one thousand cubic feet per month, plus an additional per-unit minimum charge which shall entitle the customer to an additional three hundred cubic feet consumption per unit. Consumption above the total of the minimum allowed shall be charged for at the regular meter rates. The minimum charge shall be made whether the units are occupied or not.

Buildings that contain more than one office, store, or shop, etc., shall pay the minimum charge according to meter size for consumption of up to one thousand cubic feet per month, plus an additional per-unit minimum charge for each such additional office, store or shop which shall entitle the customer to four hundred cubic feet consumption per unit. Consumption above the total of the minimum allowed shall be charged for at the regular meter rates. (Ord. 1934 § 1 (Exh. A), 2024; Ord. 1646 § 1 (part), 2009: Ord. 1610 § 2, 2007: Ord. 1588 § 2, 2007: Ord. 1535 § 2, 2005: Ord. 1450 § 1, 2000: Ord. 1447 § 2, 2000: Ord. 1419 § 2, 1999: Ord. 1392 § 2, 1998: Ord. 1366 § 2, 1998: Ord. 1328 § 2, 1996: Ord. 1282 (part), 1995).

9.04.365 Low-income senior citizen rate.

Reduced rates in the amount of ten percent on each utility bill for water, sewer and storm drain services for eligible low income senior citizens are authorized for those customers who meet the criteria as set forth in Section 8.12.200, the revised code for the collection and disposal of garbage. (Ord. 1646 § 1 (part), 2009: Ord. 1455 § 1, 2001: Ord. 1282 (part), 1995).

9.04.367 Credit for customers utilizing life support equipment.

(a) A water credit shall be issued to each person who shows satisfactory proof that he or she requires medical life support equipment such as kidney dialysis, which utilizes mechanical or artificial means to sustain, restore or supplant a vital function, and which uses a disproportionate amount of water; provided, that rate assistance issued on the basis of this qualification shall be limited to water services where a significant proportion of the water use is for medical purposes.

(b) To be eligible for a water credit, customers must have a residential account in their name or spouse’s name and provide verification with a letter from their physician and/or social worker and be listed on the Northwest Kidney Center Home Dialysis Patients monthly listing. Eligibility shall be monitored continuously by the utility department through the Northwest Kidney Center. Applicants shall verify such information, and shall provide such other data as deemed appropriate upon forms and in the manner determined by the city clerk’s office.

(c) The water credit allowed will be in the amount of nine hundred cubic feet of water for the monthly water consumption used over the first one thousand cubic feet per month. (Ord. 1646 § 1 (part), 2009: Ord. 1291 §§ 1, 2, 3, 1995).

9.04.370 Monthly metered rate outside city.

Service charges for metered water connections with the city mains outside the city limits of the city of Omak shall be specified in the fee schedule in addition to a one hundred percent surcharge. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.375 Uses and businesses not mentioned—Council to fix rates.

For other uses by special rate or meter, the right is reserved by the city council to fix and adopt such special rate or measures as to them may seem fit and proper and the city council will fix such rate or measure upon application therefor. Metered rates are concurrent with rates above specified. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.380 Monthly fire hydrant charge.

A monthly charge to the city for providing general public fire protection service through the use of the department’s fire hydrants and other necessary facilities shall be charged to the fire department. This charge shall be a sum of twelve dollars and fifty cents per hydrant per year. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.390 Temporary water use rates.

(a) For billing purposes, where two or more premises are served on a temporary basis through a single meter, each shall be considered a separate premises.

(b) The use of water for construction purposes shall be allowed, where available, to construct or reconstruct any building or structure or settle trenches or fills or the use of water by a mobile apparatus according to the department guidelines. Before commencing such usage, application shall be made to the department and a fifty-dollar fee paid. Water used shall be paid for at a rate described in the fee schedule. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.410 Charges for service outside regular hours.

Whenever the department responds to a request outside of regular working hours for assistance to investigate a deficiency in water service to any premises and it is determined that the deficiency is the result of improper operation or maintenance of the customer’s plumbing, a charge will be made for the after hours call out as specified in the fee schedule. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.420 Reading of water meters—Billing procedures.

Residential and commercial water meters will be read monthly. The department may waive water meter readings due to inclement weather as determined by the director. Water users will be billed monthly, however, and in an amount that would be the minimum average charge for the particular premises or account involved. Customers may prepay any or all of their utility bills, and the balance shall be maintained as a credit balance on their total utility bill until exhausted. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.430 Payment—Due date.

(a) Bills for water service shall be made each month covering service for the preceding month for the month’s service included in the last meter reading. Utility bills are due fifteen days after issuance for nondelinquent accounts.

(b) All water rates shall be charged against the property for which it is furnished and against the property owner, and if for any reason any sums owing become delinquent the water shall be shut off and shall not in any circumstance be turned on again to the same property until all such delinquencies in addition to the current utility charges have been paid in full. No change of ownership or occupation shall affect the application of this section. (Ord. 1646 § 1 (part), 2009).

9.04.440 Payment—Delinquency and service termination conditions.

(a) Accounts with an unpaid balance of more than nine dollars as of the opening of the office on first business day after the twenty-fifth day of the month shall be charged a twenty dollar delinquent fee. This fee will be added to the balance due at the time it is imposed.

(b) Failure to pay service charges billed on the first of any month plus any penalty added pursuant to subsection (a) of this section, by the opening of the office on the first business day following the sixteenth day of the following month, shall render service liable to be shut off and same shall not be turned on until all charges together with the sum of forty dollars has been paid.

(c) Commercial accounts are worked in the same manner as residential accounts, with modifications depending on the size of the delinquent amount, the service involved, and type of business.

(d) Accounts of the Omak School District and Okanogan County agencies are exempt from subsection (a) of this section. (Ord. 1835 § 1, 2016: Ord. 1829 § 1, 2016: Ord. 1823 § 1, 2016: Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.450 Termination notice—Form and service.

(a) Prior to termination of a customer’s water utility service for nonpayment, notice shall be given to the customer substantially in the following format:

NOTICE

Your city water service will be terminated unless all amounts not disputed are paid.

If you dispute any amounts due, you may request an informal hearing with the Mayor and Water Committee by visiting, phoning or writing: City of Omak, Utility Dept., 826-1170, 2 North Ash Street, P.O. Box 72, Omak, WA. 98841. This office is open every business day from 9:00 a.m. to 5:00 p.m.

To avoid service termination, your request for a hearing must be received by the City Utility Department within five (5) business days. Further, you may be eligible to enter into a deferred payment agreement to pay off any amount that is delinquent by phoning or writing the above-stated telephone number or address.

CITY OF OMAK

(b) Said notice may be mailed, personally delivered, given orally or left or posted at the service address as shown in the files of the utility department. The notices shall be given no more than fifteen calendar days nor less than five business days prior to termination of water services. Such notice shall not be required to customers of less than fifteen days.

(c) Where the utilities department has reason to believe that a termination of water service will affect more than one dwelling unit at a given service address, a reasonable effort to give said notice to each dwelling unit served shall also be made. Such efforts may include the above methods and/or posting written notice conspicuously at one or more places on the premises.

(d) Nothing herein shall require such notice to be given in cases of consent, vacant premises, emergency, or as may be required for repairs at the direction of the director. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.460 Hearing.

(a) Upon receipt of request for a hearing, the utility department shall, within three business days, arrange a time for a hearing. The hearings shall be at the utility department office unless other arrangements are made. The hearing shall be set during normal business hours and shall be set not less than three business days nor more than ten days from the date of the request of the customer unless by mutual agreement. To avoid misunderstandings, the water committee may require all dealings to be with one authorized person, but this shall not preclude said person from presenting information through the statements of others.

(b) The water committee shall prepare a summary of the hearing and the results thereof and shall promptly inform the customer of the result. The results shall also be reflected on the customer’s utility bill.

(c) If the result is unfavorable to the customer, he shall be advised to make full payment of the disputed amount within five business days. In default of payment thereafter, the water service may be terminated in accordance with law. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.470 Delayed termination—Deferred payment agreement.

(a) In case of account balances aged forty-five days or less, a water customer shall be entitled upon request to enter into a deferred-payment agreement with the city and termination of water service shall be delayed. This privilege shall not be extended to customers who have defaulted on a previous such agreement within the past twelve months. Such agreements shall be administered by the city clerk. To avoid misunderstandings the clerk may require all dealings on an account be with one authorized person. Such person may be required to furnish written proof of authorization.

(b) In establishing the terms of the deferred payment agreements, including but not limited to a determination of what portion of the delinquency the customer shall pay each billing period, the clerk shall take into account whether the account is residential or commercial, the size of the delinquency, the customer’s ability to pay, the customer’s payment history, the time the debt has been outstanding, the reasons for its accrual, whether the customer has recently suffered a serious illness or disability or is then seriously ill, and any other relevant factors concerning the circumstances of the customer. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.480 Additional termination exemptions.

(a) Exemptions to termination may be granted where the utility billing supervisor determines the following circumstances exist:

(1) During winter months when a danger of freezing and adverse weather conditions exist and the health and safety of the recipients may be jeopardized;

(2) Serious health problems or contagious diseases in the home.

(3) Shut-off proceedings will not be initiated under the provisions of Section 9.04.440(b) if the past due balance on the account including any penalty is twenty-one dollars or less.

(b) Where a new occupant of a premises has not received a copy of the most recent city utilities bill, pursuant to Section 9.04.490, the utilities department shall permit a temporary or indefinite continuation of the utility service to such occupants, where termination of service would occur because of delinquency accrued by previous owners or occupants, provided such new occupants remain current in payment for services received by them. Such new occupants shall also be eligible to enter into a deferred-payment agreement. (Ord. 1823 § 2, 2016: Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.490 Accrued delinquent payments—Notice to new occupants.

(a) Any such previous owner or occupant, as provided in Section 9.04.480(b), knowingly permitting charges regularly listed upon the city utility billings to so accrue without making adequate provisions for the payment thereof shall be liable in an action brought in municipal court for the amount of the accrued delinquency plus statutory attorneys’ fees and costs of collection. Such action may be brought in municipal court of the city of Omak by the city council or the person making payment therefor.

(b) Whenever any owner or landlord shall sell or rent any premises subject to any delinquency for municipal utility services accrued by such owner or landlord or their lawful tenant, the owner or landlord shall provide the new purchaser or tenant, at the time of such sale or rental, with a copy of the most recent city utilities bill. Persons failing to make such disclosure shall be subject to a civil penalty of fifty dollars. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.500 Main extensions—When required.

A main extension shall be required whenever more than one residence shall be provided service, and the property to be served does not abut a water main, or the existing water main is not adequate to provide the necessary water pressure for low characteristics. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.510 Application submittal and review.

(a) The person desiring a main extension shall apply to the director requesting permission to extend the city’s water system.

(b) The director shall review the application, and if the requested extension is determined to be a proper extension of the water system, shall provide the petitioner with the design requirements for the extension.

(c) If the requested main extension is determined to be an improper extension of the water system, the application shall be denied.

(d) Property abutting on but not previously assessed or not having previously contributed its proportionate share of construction costs for standard sewer and water mains may be connected to such abutting main upon the payment of a specific connection charge equal to a pro rata share of the total cost of the installation computed on the acreage of the property to be serviced, which charge shall be paid in cash. The connection charge shall be in addition to other connection charges provided in other ordinances of the city.

(e) Reimbursement to Installer from Pro Rata Share Collected. The city may reimburse the person or persons installing the facilities from said pro rata share collected hereunder in accordance with a written agreement with the original persons installing such facilities. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.520 Plans and specifications—Requirements.

Upon receipt of the design requirements from the department, the petitioner shall cause plans and specifications for the extension to be prepared. All design and construction plans and specifications shall be in accordance with APWA standards and the city of Omak construction standards for private construction of public facilities adopted by the department. The completed plans and specifications, having a valid professional engineer’s seal and endorsement, shall be submitted to the department for review and approval. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.530 Inspection fee estimates—Deposits.

After approval of the plans and specifications, the department shall provide the petitioner with an estimate of the construction inspection fee. A permit for construction will be issued after the inspection fees and estimated main connection charges have been deposited with the city treasurer. At such time as the director determines the remaining funds are not adequate to provide necessary inspection for project completion, the petitioner shall be notified of such and an estimate of additional inspection fees required will be provided. The additional fees shall be deposited with the city treasurer prior to depletion of the funds on deposit. Any moneys unexpended from the inspection deposit upon completion of the project shall be returned to the petitioner. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.540 Construction specifications.

(a) Main extensions may be made by private contract, through local improvement district procedure, or by department forces.

(b) Any main extension done other than by the department’s forces shall be done by a licensed and bonded contractor of the state of Washington.

(d) All main extensions must be on the city’s frontage of the applicant’s property and other public rights-of-way. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.550 Acceptance of installation—Connection conditions.

(a) The city reserves the right to reject any installation not inspected and approved by the department.

(b) Upon satisfactory completion of all required tests and acceptance of the main extension, the department shall cause the extension to be connected to the city system. All costs incurred in such connection(s), including overhead and administrative charges, shall be the responsibility of the petitioner. An adjustment on the actual costs of installation because of variance between the estimate and the actual cost shall be adjusted by refund upon completion of the job by the petitioner, or by payment by the petitioner to the city of any additional expense above the estimate.

(c) No main extension shall be charged other than for test purposes by duly authorized personnel until the main extension has been accepted by the city and all fees and charges have been paid. If charging a main is necessary to restore service to existing customers, fire hydrants will not be activated until acceptance of the main extension. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.560 Construction drawings required.

(a) Upon completion of a main extension, the petitioner shall provide the department with reproducible mylar drawing that accurately indicates the main extension and appurtenances as actually installed in plan and profile.

(b) No main extension will be accepted until satisfactory as-built drawings are provided. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.570 Main extensions deeded to city.

The permit holder shall provide the city with a deed of conveyance for all main extensions as a condition that the owner, district, company, constructor or contributor shall transfer or provide for any necessary and proper franchise. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.580 Temporary mains and main extensions.

No temporary main shall be permitted to be installed as a part of the city’s water system. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).

9.04.585 Wasting water prohibited.

Water customers and owners of premises receiving water service from the water system of the city of Omak shall be responsible for maintaining all piping, fixtures and appurtenances on the customer’s side of the meter in a satisfactory state of repair so that no water will be wasted. When it is found that water is being wasted on a premises because of faulty or leaky piping, fixtures or appurtenances, or for any other reason, the water customer shall be notified of the wastage by the Omak public works department and instructed to take corrective action. If the customer should fail or refuse to comply with the notice, the water to the premises may be shut off until proper corrective action has been taken, and a penalty charge of thirty dollars, or such charge as established by council action or resolution, shall be assessed against the premises and shall be paid before water service is restored. The penalty charge shall be considered a part of the water billing for the premises and shall be added thereto. In lieu of the above remedy, the public works director shall have authority when deemed necessary to go upon the premises and make or cause to be made such changes, alterations or repairs as necessary to prevent the wasting of water and charge the cost and expense of same against the premises, which charge if unpaid shall become a lien against the premises. (Ord. 1646 § 1 (part), 2009: Ord. 1411 § 1, 1999).

9.04.590 Violations—Penalties.

In addition to any civil remedies, including but not necessarily limited to injunctive relief, and except in cases where a different penalty is prescribed by this chapter, the failure to perform any act required or the performance of any act prohibited by this chapter is designated as a civil infraction, and any person, firm or corporation found to have committed a civil infraction shall be assessed a monetary penalty, which penalty may not exceed one thousand dollars for each offense. Each day during which violation continues shall be deemed a separate offense and separate penalties may be assessed for each separate offense. (Ord. 1646 § 1 (part), 2009: Ord. 1282 (part), 1995).