Chapter 13.04 WATER SERVICE SYSTEM

“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.

“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.

“Backflow” 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 Pateros.

“City” means the city of Pateros.

“City clerk” means the city clerk/treasurer of the city of Pateros.

“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.

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

“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 changeover devices or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross-connections.

“Customer” means all persons obtaining water service from the water supply system of the city of Pateros.

“Department” means the public works department of the city of Pateros.

“Director” means the public works director of the city of Pateros.

“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, primarily for wholesale trade.

“Main” means a water line designed or used to serve more than one premises.

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

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

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

“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.

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

“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.

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

“Temporary main” means a main which does not conform to city standards with respect to size, location, type of material and/or method of installation.

“Treasurer” means the city clerk/treasurer of the city of Pateros.

“Water service area” means that area consisting of the corporate limits of the city of Pateros and those areas that have been or may be designated for water service by the city council. (Ord. 98-569 § 1(2), 1998)

13.04.030 Purpose.

The purpose of this chapter is to establish the general rules and regulations for the service and extension of service from the water system of the city, to establish a mechanism for establishment and payment of fees for water service, 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. 98-569 § 1(3), 1998)

13.04.040 Applicability.

The provisions of this chapter shall apply to all water services provided by the city and to all work performed by the department. The city shall be the exclusive provider of domestic water within the city limits. (Ord. 98-569 § 1(4), 1998)

13.04.050 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 draft and enforce such customer-service policies and related additional rules as may be deemed necessary to the administration of these regulations. These customer service policies shall be approved by resolution of the city council prior to coming into effect.

(Ord. 98-569 § 1(5), 1998)

13.04.060 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 restrain authorized city employees from making such necessary inspections, water service may be refused or discontinued.

(Ord. 98-569 § 1(6), 1998)

13.04.070 Emergency interruption of service.

A. Water service may be temporarily interrupted for purposes of making repairs, extending water lines, or doing other necessary work. The director may limit or shut off water in the case of an emergency or when the public health or safety, or the operation of the system demands.

B. Where practical, the department shall notify affected customers before interrupting or reducing the use of water.

C. The city shall not be responsible for any damage resulting from interruption, change or failure of the water supply system.

(Ord. 98-569 § 1(7), 1998)

13.04.080 Discontinuance of service.

The city may discontinue service by reason of failure to pay a bill for service or the failure to comply with any of the terms of this chapter, in accordance with the procedures established by state law, this chapter and other city ordinances. (Ord. 98-569 § 1(8), 1998)

13.04.090 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. 98-569 § 1(9), 1998)

13.04.100 Cross-connections regulated.

No cross-connections shall be created, installed, used or maintained within the territory served by Pateros except in accordance with these regulations and WAC 246-290-490. Until a specific cross-connection control ordinance is adopted, these regulations shall serve as the city’s cross- connection control program as required by WAC 240-290-490.1(b). (Ord. 98-569 § 1(10), 1998)

13.04.110 Backflow prevention device required.

As required by WAC 240-290-490, 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 or contracted for by the city in each of the following circumstances:

A. 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;

B. On premises having any one or more cross-connections as that term is defined in Section 13.04.020 of this chapter;

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

D. A repeated history of cross-connections being established or reestablished;

E. 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;

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

G. Any mobile apparatus which uses the city’s system or water from any premises within the city;

H. 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;

I. On any premises where an appropriate cross-connection report form has not been filed with the public works department.

(Ord. 98-569 § 1(11), 1998)

13.04.120 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:

A. 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.

B. 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 city public works department prior to installations.

C. The device must be protected from freezing and other severe weather conditions.

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

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

F. The device shall be readily accessible with adequate room for maintenance and testing. Devices two inches and smaller shall have at least six inches of clearance on all sides of the device. All devices larger than two inches shall have a minimum clearance of twelve (12) inches on the back side, twenty-four (24) inches on the test cock side, twelve (12) inches below the device and thirty-six (36) inches above the device.

G. The property owner assumes all responsibility for all maintenance and annual testing of the device.

H. If permission is granted to install the backflow 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. 98-569 § 1(12), 1998)

13.04.130 Annual testing and repairs.

All backflow prevention devices installed within the territory served by the city shall be tested immediately upon installation and annually thereafter by a state certified tester. All such devices found not functioning properly shall be promptly repaired or replaced by the water user (WAC 240-290-490.2(f)). All testing and repairs are at the financial responsibility of the water user. The city shall deny or discontinue water service to any customer failing to cooperate in the installation, maintenance, or inspection of backflow prevention assemblies required by this code or state law (WAC 240-290-490.2(h)). (Ord. 98-569 § 1(13), 1998)

13.04.140 Variances.

Any variance from the requirements of Sections 13.04.100 through 13.04.130 of this chapter must be requested in writing and approved in writing by the city public works director prior to the installation of any such device or variance from the requirements set forth herein. However, no variances shall be granted which violate any of the terms of state cross-connection control regulations. (Ord. 98-569 § 1(14), 1998)

13.04.150 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. 98-569 § 1(15), 1998)

13.04.160 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. 98-569 § 1(16), 1998)

13.04.170 Hydrants—Authorized use.

No person, other than authorized employees of the fire or public works departments of the city, may operate fire hydrants and hose outlets, unless proper arrangements have been made for payment therefor and permission has been granted by the department. Any hydrant used must have a backflow prevention device and meter. (Ord. 98-569 § 1(17), 1998)

13.04.180 Prohibited acts designated.

A. Any person causing damage to any property belonging to the department shall be liable to the department for any damages resulting either directly or indirectly from such damage.

B. No person may wilfully 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. No person may store, maintain or keep any goods, merchandise, materials or rubbish within a distance of five feet of, or 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. 98-569 § 1(18), 1998)

13.04.190 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. The application shall be accompanied by all fees required by the city’s adopted fee schedule.

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

D. The application, when approved by the city clerk or his or her designee, 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 that a new application for service be made.

(Ord. 98-569 § 1(19), 1998)

13.04.200 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 the director determines that such connection is impossible or impractical. In such case, the resident shall agree to connect to a water main when and if such a connection becomes practical. Water will not be provided to more than one customer or dwelling through a single service connection, and separate service applications are required for each dwelling. 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. Repealed by Ord. 710.

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 may be denied.

E. No application for water service shall be accepted or approved for locations outside of the city limits, except for parcels of real property which meet all of the following criteria:

1. Such parcels outside of the city limits for which water service is requested must be contiguous with a parcel of real property that is receiving current city water service;

2. Such parcels outside of the city limits must be served directly by an existing water main of the city;

3. Such parcels of real property outside of the city limits must not be able to be annexed into the city due to lack of contiguity with the city limits; and

4. Such parcels of real property outside of the city limits must be within the adopted urban growth area of the city.

Approval of the extension of water service outside of the city limits for parcels meeting the above criteria is at the sole discretion of the city.

Annexation and responsibility for costs associated with the extension of water service shall be a condition for extending water service to parcels which do not meet all of the above referenced criteria.

F. The furnishing of water by a customer to premises other than that served by the customer’s service is prohibited, except as may be approved by the director, and except during emergencies. However, emergency service shall not continue for more than thirty (30) days and an application for emergency service shall be made to the department within forty-eight (48) hours of the onset of the emergency.

G. A request for a change in the size of a service connection shall be treated as a request for a new service installation, except when the request is for downsizing an existing service connection. Downsizing shall be handled on a case-by-case basis by the public works director and with his or her approval. Charges for downsizing 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 physically installed by the department, unless the director authorizes and supervises installation by a qualified contractor (see Section 13.04.220 of this chapter).

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 the 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.

M. The city shall be the sole provider of water within the city limits, and individual wells shall not be allowed.

(Ord. 753 § 1, 2017; Ord. 710 § 1, 2013; Ord. 98-569 § 1(20), 1998)

13.04.205 Rate adjustments according to Consumer Price Index.

A. Beginning January 1, 2001, where no specific action has been taken to adjust water or sewer utility service rates, such rates or fees shall be determined in proportion to any increase shown in the Consumer Price Index, All Urban for the Seattle-Tacoma Area, All Items, as published by the U.S. Department of Labor, Bureau of Labor Statistics. In applying this provision, the adjustment made shall be determined by comparing such CPI information available as of September 1, 2000, for the first half of 2000, for the same information for the first half of 1999. Any percentage increase derived from such comparison shall be applied and take effect January 1, 2001. A like comparison, and any increase applied, shall be made in September of 2001 to take effect January 1, 2002, with this process continuing thereafter unless otherwise changed.

B. Definitions. For the purposes of this chapter, “water and sewer utility service rates” shall be defined as the applicable water and sewer utility service rates set by ordinance or resolution for the city of Pateros, Washington, and in effect at the time of adjustment.

(Ord. 00-598 §§ 1, 2 (part), 2000: Ord. 99-585 §§ 1, 2 (part), 1999)

13.04.210 Fee—Residential service connections.

A. A fee for new residential water service connections, including the meter, shall be set by the city council by resolution. This fee shall cover the cost of tapping the city’s water main for the necessary size of service, installing the copper tubing, Type K, to a maximum distance of sixty (60) feet, and providing and installing a meter and meter box. For any additional extra length of service pipe beyond sixty (60) feet, the customer shall be billed for the additional cost plus administrative overhead.

B. Whenever residential water service connections are to be installed by the department at the same time a water main is being installed, and the trench is open, and/or when ten or more adjacent connections are installed simultaneously, the fee for new connections may be reduced ten percent for each such connection.

(Ord. 98-569 § 1(21), 1998)

13.04.220 Fees—Commercial or industrial service connections.

A. For all commercial and/or industrial services, and for all residential services larger than two inches in diameter, irrespective of meter size, the owner or applicant shall pay a deposit in an amount of the city estimate of cost for the construction work, and the work shall be thereafter billed on the basis of actual cost of installation plus administrative overhead of ten percent. The applicant shall be refunded any underrun or billed any overrun of the actual cost difference in the estimated cost including administrative overhead.

B. In no event shall the charge for commercial or industrial service connection be less than the charge for a three-quarter-inch diameter residential service with a three-quarters by five-eighths inch meter.

C. The director may, at his or her option, allow new commercial and/or industrial services to be installed by a certified contractor under the supervision of the city.

(Ord. 98-569 § 1(22), 1998)

13.04.230 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, and it shall be solely responsible for their maintenance.

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. 98-569 § 1(23), 1998)

13.04.240 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 thirty (30) 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 eighteen (18) inches above the sewer lines, or 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 Building Code as adopted by the city.

G. Service connection and extension pipes shall be constructed of standard weight galvanized iron or steel pipe, cast or ductile iron pipe, copper tubing Type K, Schedule 40 PVC, or other nonmetallic material as approved by the director as a service line from the meter to the structure to be served.

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. 98-569 § 1(24), 1998)

13.04.250 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. 98-569 § 1(25), 1998)

13.04.260 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 and 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 or an approved vacuum system.

F. Additional requirements of the city or state concerning cross-connections.

(Ord. 98-569 § 1(26), 1998)

13.04.270 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 to 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. 98-569 § 1(27), 1998)

13.04.280 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 is issued by the department. Such order must follow written application therefor by the owner of the premises to be supplied, and 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. 98-569 § 1(28), 1998)

13.04.290 Turn-off—No charge.

Water service may be turned off without charge where such turn-off can be accomplished at a time convenient to the department. Request for turn-off of service may be made verbally or in writing. The exceptions to this policy shall be for connection of a new service or disconnection of a service. (Ord. 98-569 § 1(29), 1998)

13.04.300 Special or emergency turn-on or turn-off fees.

Whenever a request is made of the department for an emergency turn-off or turn-on or temporary discontinuance of water service to any premises which necessitates immediate action, fees shall be charged as set forth in the city’s adopted fee schedule. (Ord. 98-569 § 1(30), 1998)

13.04.310 Fees—Payment requirements.

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

B. In the event that an owner requests water turn-off and then turn-on to the same premises, 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. 98-569 § 1(31), 1998)

13.04.320 Unauthorized turn-on prohibited.

A. No person, except duly authorized employees of the city, shall turn on the water supply to the premises after a turn-off is made at the meter by the city.

B. A water service to any premises turned on by an unauthorized person, after the 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. 98-569 § 1(32), 1998)

13.04.330 Authorized turn-on or turn-off—Liability disclaimer.

The city shall not be liable for any damage to persons or property resulting from a properly performed and authorized turn-off 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. 98-569 § 1(33), 1998)

13.04.340 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 premises 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. 98-569 § 1(34), 1998)

13.04.350 Water meter—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. 98-569 § 1(35), 1998)

13.04.360 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 13.04.190 of this chapter, Application for service. Upon approval, the exchange will be made at the expense of the owner. Whenever a permanent main is relocated, all existing customer meters will be reinstalled and connected to the new or relocated permanent main at no expense to the customer(s).

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 (30) 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. 98-569 § 1(36), 1998)

13.04.370 Water meter—Maintenance and repair.

A. The department shall maintain and repair all domestic, commercial and industrial service meters at its expense, and shall replace meters as necessary, if rendered unserviceable by ordinary use.

B. When replacement or repairs to any meter are made necessary by the wilful 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. 98-569 § 1(37), 1998)

13.04.380 Test of meter—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 or she shall make a deposit, as prescribed in the city’s adopted fee schedule, with the city clerk/treasurer. 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. 98-569 § 1(38), 1998)

13.04.390 Monthly water rates.

Monthly minimum charges for water service, and additional charges for use above the base amount, shall be set by resolution of the city council in the city’s adopted fee schedule. All users shall be billed monthly on a continuing basis. Billing will be following an official turn-off request, but service will not be resumed until payment of a new turn-on fee has been received.

The minimum rates shall entitle the user to seven thousand (7,000) gallons of water per month. (Ord. 804 § 1(A), 2023; Ord. 98-569 § 1(39), 1998)

13.04.400 Low-income senior citizen rate.

Reduced rates are authorized for low-income senior citizens, as authorized by RCW 74.38.070, and in compliance with RCW 84.36.381, in the amount of ten (10) percent on each utility bill for those persons sixty-two (62) years of age and older on January 1st of the year in which the exception claim is filed, and whose combined disposable income is within the Department of Housing and Urban Development low and moderate income guidelines for qualifying for housing assistance, commonly known as “Section 8 Guidelines.” (Ord. 98-569 § 1(40), 1998)

13.04.410 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. Eligibility shall be monitored continuously by the utility department. 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 (900) cubic feet of water for the monthly water consumption used over the first one thousand (1,000) cubic feet per month.

(Ord. 98-569 § 1(41), 1998)

13.04.420 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 set by resolution of the city council in the city’s adopted fee schedule. (Ord. 98-569 § 1(42), 1998)

13.04.430 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, and each shall pay the base monthly charge.

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 standard turn-on fee paid. Water used shall be paid for at the standard rate for water over the base amount.

(Ord. 98-569 § 1(43), 1998)

13.04.440 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, surcharge will be made to defray a portion of the cost of responding to the request. The amount of this charge will be set by resolution of the city council in its adopted fee schedule. (Ord. 98-569 § 1(44), 1998)

13.04.450 Reading of water meters—Billing procedures.

Residential and commercial water meters will be read monthly as weather permits. The department may waive water meter readings due to inclement weather as determined by the director. During months when meters are not read, water users will be billed monthly for the base amount. Upon resumption of reading meters, any overage will be computed and billed. 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. 98-569 § 1(45), 1998)

13.04.460 Payment, responsibility and due date.

A. Bills for water service shall be made each month for the month’s service included in the last meter reading. Water bills are due fifteen (15) days after issuance for nondelinquent accounts.

B. All water user charges contained in utility billings from the city shall be the responsibility of the property owner for the purposes of liens which may be assessed by the city as provided by law. However, duplicate utility billings may be sent to tenants or residents of commercial or residential property under the following conditions, but not to relieve the property owner from liability for charges incurred:

1. Upon the request of the owner or tenant of the real property, billing may be sent to the tenant or to the agent of the owner; provided, that a current address of the owner of the real property is maintained with the city, which is the responsibility of the owner, and any changes in the residents or tenants of the property are made known to the city by the owner.

2. Such billing, when sent to the tenant or agent, will become the responsibility of the tenant or agent, as well as the property owner, and each can be held jointly and severally liable for such billing.

3. The owner and tenant, or agent, shall sign an application form giving their consents for the utility service to be billed as provided in this section, and giving the address of each. Copies of such forms shall be provided to both the owner of the real property and the tenant or the resident of the real property, and such form shall also contain notification of the right of hearing on termination of utilities.

(Ord. 710 § 2(A), 2013: Ord. 00-594 § 1, 2000; Ord. 98-569 § 1(46), 1998)

13.04.470 Delinquency and service termination.

In the event that service charges shall remain unpaid after the twenty-seventh day of the succeeding month that such charges were incurred, a termination notice shall be given informing all of those affected by the shutoff that termination of service shall occur no sooner than ten (10) days from the date of mailing of the notice of termination of service. Water service may be terminated when any portion of the service charge is unpaid and delinquent. A shutoff charge shall be added to any account shut off due to such delinquency.

A notice of hearing shall be included in any termination notice as required by Section 13.04.480. In those cases where billing is sent to a tenant, and not a property owner, the termination notice shall be sent to the property owner as well as the tenant. If a hearing is requested within five business days of mailing the notice, a hearing shall be arranged in accordance with Section 13.04.490. Service shall not be terminated until after the date of any hearing.

Accounts with a balance of over fifteen (15) days shall be charged a delinquent fee as specified in the city’s adopted fee schedule. In bona fide hardship cases, this fee may be waived by the city clerk/treasurer once every two years or by city council upon written request made. (Ord. 806 § 1(II), 2023; Ord. 710 § 2(B), 2013: Ord. 04-631 § 1, 2004; Ord. 00-594 §§ 2, 3, 2000: Ord. 98-569 § 1(47), 1998)

13.04.480 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 City Clerk/Treasurer by visiting, phoning or writing: City of Pateros, PO Box 8, Pateros, WA 98846, phone number (509) 923-2571. This office is open every business day from 7:00 a.m. to 3:30 p.m.

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

CITY OF PATEROS

B. This notice may be mailed or personally delivered at the service address as shown in the files of the utility department. The notice shall be given no less than ten (10) days prior to termination of water services.

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 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. 806 § 1(III), 2023; Ord. 710 § 2(C), 2013; Ord. 98-569 § 1(48), 1998)

13.04.490 Hearing.

A. Upon receipt of a request for a hearing, the city clerk/treasurer shall, within three business days, arrange a time for a hearing. The hearings shall be at the City Hall 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 city clerk/treasurer may require all dealings to be with one authorized person, but this shall not preclude such a person from presenting information through the statements of others.

B. The city clerk/treasurer 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 or she 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. 98-569 § 1(49), 1998)

13.04.500 Delayed termination—Deferred payment agreement.

A. In case of account balances aged forty-five (45) 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 (12) months. Such agreements shall be administered by the city clerk/treasurer. To avoid misunderstandings, the clerk/treasurer 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/treasurer 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, and any other relevant factors concerning the circumstances of the customer.

(Ord. 98-569 § 1(50), 1998)

13.04.505 Termination of water service to rental buildings.

Except in a case involving public health or safety, or as otherwise provided in this chapter, the city may terminate water service to a residential tenant occupying the rental dwelling for delinquent utility charges. In the case of a delinquency incurred by a property owner or prior tenant, and if requested, the city shall allow the current tenant to open an account in their name and on the same terms and conditions as other residential utility customers, without requiring the tenant to pay delinquent amounts for water service billed directly to the property owner or the previous tenant, except as otherwise allowed by law and only when the city offers the affected tenant to set up a reasonable payment plan for the delinquent amounts legally owed. When a rented dwelling is occupied by a tenant who has opened an account in their name, no termination or threat of termination will occur because of the tenant’s landlord or the obligation of the prior occupant of the premises not currently residing therein; provided, however, the term “threat of termination” shall not include the notices authorized by this chapter. (Ord. 710 § 3, 2013)

13.04.510 Additional termination exemptions.

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

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

B. Serious health problems or contagious diseases in the home;

C. Where a new occupant of a premises has not received a copy of the most recent city utilities bill, 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.

(Ord. 98-569 § 1(51), 1998)

13.04.520 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 or flow characteristics. (Ord. 98-569 § 1(52), 1998)

13.04.530 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 having previously contributed a proportionate share of construction costs for a new water main may be connected to such a water main upon the payment of a specific connection charge, which shall be equal to a pro rata share of the total cost of the installation of the new main, computed on the acreage of property to be served. The connection charge shall be in addition to other connection charges provided by the city.

E. The city may enter into latecomer agreements or other agreements to reimburse the person or persons installing the new water mains, using the pro rata share specified in subsection D of this section, in accordance with a written agreement with the original persons installing such facilities.

(Ord. 98-569 § 1(53), 1998)

13.04.540 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 design manual. 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. 98-569 § 1(54), 1998)

13.04.550 Inspection fee estimate—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 times 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. 98-569 § 1(55), 1998)

13.04.560 Construction specifications.

A. Main extensions may be made by private contract, though 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.

C. Extension by the department’s forces shall be at the expense of the person requesting construction of the main, and shall be charged at actual time and materials plus a ten percent administrative charge.

D. All main extensions must be on the city’s frontage of the applicant’s property and other public right-of-way.

(Ord. 98-569 § 1(56), 1998)

13.04.570 Acceptance of installation—Connection conditions.

A. The city reserves the right to reject any installation not inspected and approved by the departments.

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 included 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 costs 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 connected to the water system, 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. 98-569 § 1(57), 1998)

13.04.580 Construction drawings required.

Upon completion of a main extension, the petitioner shall provide the department with reproducible Mylar drawings as specified in the city’s design manual. No main extension will be accepted until satisfactory as-built drawings are provided. (Ord. 98-569 § 1(58), 1998)

13.04.590 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. 98-569 § 1(59), 1998)

13.04.600 Temporary mains and main extensions.

No temporary main shall be permitted to be installed as a part of the city’s water system. (Ord. 98-569 § 1(60), 1998)

13.04.610 Violation—Penalty.

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 title, the failure to perform any act required or the performance of any act prohibited by this title 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 ($1,000.00) for each offense. Each day during which violation continues may be deemed a separate offense and separate penalties may be assessed for each separate offense. (Ord. 98-569 § 1(61), 1998)