Chapter 13.04 WATER AND SEWERS

Water rates are based on a bimonthly schedule and are separated into two classes for billing purposes – residential and nonresidential. Residential rates are a function of ERUs plus consumption. Nonresidential rates are a function of meter size and consumption.

(1) Effective January 1, 2023, and January 1st of each subsequent year as shown, the water rates, as calculated bimonthly, are shown on the water rate table. Rates shown in the final year of the table below will remain in effect for each subsequent year until further council action. Rates in effect on the first day of the billing date are charged for the entire billing period.

(a) Single Residential Connections. Single connections are where one customer is being served through a master meter and the billing is based on the flow through such master meter. The bimonthly base rate is shown on the water rate table, plus consumption charges for water usage in gallons are set forth in subsection (1)(d) of this section.

(b) Multifamily Residential Connections. The bimonthly base rate is calculated based on the number of units (base rate multiplied by number of residential units) served by the master meter. In addition to the base rate, consumption charges for water usage in gallons are set forth in subsection (1)(d) of this section.

(c) Nonresidential Connections. Nonresidential customers shall be charged the bimonthly base rate per meter determined by the size of the meter. The base rate for meters larger than three-quarters inch are set per the AWWA industry standard methodology and as set forth in the water rate table. In addition to the base rate, consumption charges for water usage in gallons are set forth in subsection (1)(d) of this section.

(d) Consumption charges shall be charged in the six tiers as shown in the water rate table. Consumption charges are calculated based on actual metered consumption.

(e) Properties Outside City Limits. Properties served outside the city limits shall have a 50 percent surcharge on the bimonthly rate.

(f) Fire Hydrant Service. Fire hydrant services shall be charged a bimonthly base rate per hydrant. See the water rate table.

(g) Temporary service includes one-day service and construction/hydrants accounts and shall be charged the base rate by meter size plus consumption charges for metered water usage. See the water rate table.

(h) Meter Rentals. All persons renting a meter shall pay a refundable deposit. The following rental fees plus sales tax listed in the water rate table shall apply to all persons renting a meter. In addition, the temporary service base rate by meter size plus consumption charges for metered water usage in subsection (1)(g) of this section shall apply.

Water Rates	2023	2024	2025	2026	2027
(a), (b) Residential	Bimonthly
Base Rate per Unit	$53.50	$57.50	$61.50	$65.50	$69.50	Plus consumption

(c) Nonresidential	Bimonthly
Base Rate ¾” Meter	$53.50	$57.50	$61.50	$65.50	$69.50	Plus consumption
1” Meter	$89.35	$96.03	$102.71	$109.39	$116.07	Plus consumption
1.5” Meter	$178.16	$191.48	$204.80	$218.12	$231.44	Plus consumption
2” Meter	$285.16	$306.48	$327.80	$349.12	$370.44	Plus consumption
3” Meter	$535.00	$575.00	$615.00	$655.00	$695.00	Plus consumption
4” Meter	$891.85	$958.53	$1,025.21	$1,091.89	$1,158.57	Plus consumption
6” Meter	$1,783.16	$1,916.48	$2,049.80	$2,183.12	$2,316.44	Plus consumption

(d) Consumption
0 – 5,000 gallons	$3.85	$4.00	$4.16	$4.33	$4.50	Per 1,000 gallons
5,001 – 10,000 gallons	$4.85	$5.04	$5.25	$5.46	$5.67	Per 1,000 gallons
10,001 – 20,000 gallons	$5.24	$5.45	$5.67	$5.89	$6.13	Per 1,000 gallons
20,001 – 30,000 gallons	$5.71	$5.94	$6.18	$6.42	$6.68	Per 1,000 gallons
30,001 – 50,000 gallons	$6.28	$6.53	$6.79	$7.06	$7.35	Per 1,000 gallons
50,001 + gallons	$6.97	$7.25	$7.54	$7.84	$8.15	Per 1,000 gallons

(e) Outside City Limits	50% surcharge

(f) Fire Hydrant Service
Schools	$21.00	$22.60	$24.20	$25.20	$27.40	Bimonthly per hydrant
Private service	$38.50	$41.40	$44.30	$47.20	$50.10	Bimonthly per hydrant

(g) Temporary Service	Base rate for meter size 1(c) + 1(g)					Plus consumption per table
Per month	Base meter size as shown above					Plus consumption
Consumption 0 – 50,000 gallons	$6.28	$6.53	$6.79	$7.06	$7.35	Per 1,000 gallons
50,001 + gallons	$6.97	$7.25	$7.54	$7.84	$8.15	Per 1,000 gallons

(h) Meter Rentals			Refundable deposit for meter rental; sales tax added to bimonthly rental fees
First 60 days	$0
Bimonthly rate after 60 days	$800

(Ord. 040-22 § 1; Ord. 020-15 § 1; Ord. 026-11 § 2; Ord. 021-09 § 2; Ord. 013-08 § 2; Ord. 010-05 § 2; Ord. 1897 § 2, 2003; Ord. 1799 § 2, 2000).

13.04.020 Bimonthly sewer rates.

Effective January 1, 2016, and January 1st of each subsequent year shown, the sewer rates, as calculated bimonthly, are shown as follows:

Sewer Rates			2016	2017	2018	2019	2020
Class No.	Class Description	Description
1	Single-family residences and mobile home on single parcel	For each dwelling unit	$111.00	$124.00	$137.00	$150.00	$163.00
2	Business and professional	For each business with a fixture	$111.00	$124.00	$137.00	$150.00	$163.00
		For each business with an employee present, without a fixture	$22.20	$24.80	$27.40	$30.00	$32.60
		For each floor of an office building or retail complex that has a public or community bathroom	$111.00	$124.00	$137.00	$150.00	$163.00
		Plus the following surcharge, based on the store/office interior size:
		Small, less than 15,000 sf, or	$0.00	$0.00	$0.00	$0.00	$0.00
		Medium, 15,000 to 30,000 sf, or	$111.00	$124.00	$137.00	$150.00	$163.00
		Large, more than 30,000 sf	$222.00	$248.00	$274.00	$300.00	$326.00
3	Churches	For the church, plus*	$111.00	$124.00	$137.00	$150.00	$163.00
		For the rectory, plus*	$111.00	$124.00	$137.00	$150.00	$163.00
		For the annex	$111.00	$124.00	$137.00	$150.00	$163.00
		*Class 6 for educational parochial schools
4	Hotels and motels, rest homes and care centers, and Kitsap County jail	Base fee, plus	$111.00	$124.00	$137.00	$150.00	$163.00
		Per unit	$22.20	$24.80	$27.40	$30.00	$32.60
5	Apartments and mobile home parks	Per dwelling unit	$111.00	$124.00	$137.00	$150.00	$163.00
6	Schools	For each pupil, teacher, maintenance and administrative person	$3.30	$3.70	$4.10	$4.50	$4.90
7	Kitsap County courthouse (main complex)		$4,329.00	$4,836.00	$5,343.00	$5,850.00	$6,357.00
8	Restaurants	Based on the seating capacity as determined by the building official
	Espresso Bar	Seating not applicable. Classification includes similar food preparation businesses which do not require the cooking of food or the maintenance of kitchen equipment.	$111.00	$124.00	$137.00	$150.00	$163.00
	Deli	No seating	$166.50	$186.00	$205.50	$225.00	$244.50
	Small	Seating for 1 to 50	$333.00	$372.00	$411.00	$450.00	$489.00
	Medium	Seating for 51 to 150	$499.50	$558.00	$616.50	$675.00	$733.50
	Large	Seating for more than 150	$666.00	$744.00	$822.00	$900.00	$978.00
9	Laundromats	Base fee, plus	$55.50	$62.00	$68.50	$75.00	$81.50
		Per washing machine	$22.20	$24.80	$27.40	$30.00	$32.60
		Laundromats with less than 4 washing machines are considered Class 2. Dry cleaners without washing machines are Class 2.
10	Taverns		$277.50	$310.00	$342.50	$375.00	$407.50
11	Car dealerships	For sales and administrative office, plus	$111.00	$124.00	$137.00	$150.00	$163.00
		For service department, plus	$111.00	$124.00	$137.00	$150.00	$163.00
		For car washing when the water is used to determine cost sharing for the sewer treatment plant	$111.00	$124.00	$137.00	$150.00	$163.00
12	Post office		$388.50	$434.00	$479.50	$525.00	$570.50
13	Grocery stores	Basic fee, plus the following surcharges	$55.50	$62.00	$68.50	$75.00	$81.50
		Basic store	$55.50	$62.00	$68.50	$75.00	$81.50
		Bakery	$55.50	$62.00	$68.50	$75.00	$81.50
		Wetted-down produce	$111.00	$124.00	$137.00	$150.00	$163.00
		Food disposal	$111.00	$124.00	$137.00	$150.00	$163.00
		Meat cutting area	$222.00	$248.00	$274.00	$300.00	$326.00
14	Bowling alley, boat marina, health maintenance organizations and work release and juvenile facilities	Base fee, plus	$55.50	$62.00	$68.50	$75.00	$81.50
		For each equivalent residential unit (ERU) as determined for the cost-sharing formula for the sewer treatment plant	$55.50	$62.00	$68.50	$75.00	$81.50
15	Car washes	Base fee, plus	$55.50	$62.00	$68.50	$75.00	$81.50
		Per car washing bay	$166.50	$186.00	$205.50	$225.00	$244.50
16	Beauty shops and barber shops		$111.00	$124.00	$137.00	$150.00	$163.00
17	Day care	Basic fee, plus	$111.00	$124.00	$137.00	$150.00	$163.00
		For less than or equal to 6 children	$0.00	$0.00	$0.00	$0.00	$0.00
		For 7 to 25 children	$222.00	$248.00	$274.00	$300.00	$326.00
		For more than 25 children, use Class 6 rates
18	Gas stations	For gasoline retail, which could include service bay	$111.00	$124.00	$137.00	$150.00	$163.00
		For nonautomotive retail	$111.00	$124.00	$137.00	$150.00	$163.00
19	Assisted living units	Base fee, plus	$111.00	$124.00	$137.00	$150.00	$163.00
		Per unit with private kitchen	$111.00	$124.00	$137.00	$150.00	$163.00
		Per unit without private kitchen or studio apartment	$22.20	$24.80	$27.40	$30.00	$32.60
20	Bed and breakfasts	Base fee, plus	$111.00	$124.00	$137.00	$150.00	$163.00
		Per rentable bedroom	$8.90	$9.90	$11.00	$12.00	$13.00
21	Public market	Basic fee, plus the following surcharges	$222.00	$248.00	$274.00	$300.00	$326.00
		Nonfood retail	$27.80	$31.00	$34.30	$37.50	$40.80
		Nonfood service business	$27.80	$31.00	$34.30	$37.50	$40.80
		Juice/soda/ice cream/espresso bar	$111.00	$124.00	$137.00	$150.00	$163.00
		Restaurant (consume and buy on premises)	$222.00	$248.00	$274.00	$300.00	$326.00
		Delicatessen (counter sales takeout ready-to-eat food products)	$111.00	$124.00	$137.00	$150.00	$163.00
		Retail meat/seafood	$111.00	$124.00	$137.00	$150.00	$163.00
		Retail bakery	$111.00	$124.00	$137.00	$150.00	$163.00
Special notes:		a) Home occupations will not be charged additional sewer fees.
		b) For a combination of classes in one business, the highest rate will be selected.
		c) In the event that an established rate class does not accurately reflect the impact on the sewer system, the city engineer may determine the specific monthly rate.
		d) Water accounts which serve a marina pier and do not have a connection to the sewer shall not be charged a sewer bill. A sewer bill will be charged and based on winter consumption if the water meter serves both the marina pier and any facility or pump station that is connected to the sewer system. For billing purposes, live-aboards will not be considered as a dwelling unit.
		e) Properties served which are outside the city limits shall have a 50 percent surcharge on the bimonthly rates.

(Ord. 038-16 § 2; Ord. 020-15 § 2; Ord. 027-11 § 1; Ord. 016-10 § 2; Ord. 021-09 § 3; Ord. 027-08 § 2; Ord. 010-05 § 3; Ord. 1897 § 3, 2003; Ord. 1799 § 3, 2000).

13.04.025 Fee schedule.

(1) The fees set forth below are referenced in POMC 13.04.030, 13.04.033, 13.04.035 and 13.04.040.

Water Sewer Connection Fees

Water Capital Facility Charge	POMC 13.04.030(1)(a)
Per ERU (except irrigation)	$11,571.00
Irrigation – Per meter	$11,571.00

Water Inspection Fee	POMC 13.04.030(7) and 13.04.033(3)
Per Meter	$111.37

Connection Fees/Labor Installation Fees	POMC 13.04.033(1)
3/4"	$1,174.99
1"	$1,410.00
1-1/2"	$1,762.49
2"	$2,349.99
Larger	Estimated case by case

Water Main Front Footage Charge	POMC 13.04.035
Per Front Foot	$117.50

Sewer Main Front Footage Charge	POMC 13.04.043
Per Front Foot	$117.50

Sewer Capital Facility Charge, consisting of both:	POMC 13.04.040(2)
Sewer Wastewater Treatment Facility Fee	POMC 13.04.040(2)
Per ERU	$3,795.23
McCormick Land Co. Div. 1-10 per ERU	$929.72
General Facility Fee	POMC 13.04.040(2)
Per ERU	$8,993.88

Sewer Inspection Fee	POMC 13.04.040(8)
Per Lateral Connection	$111.37

(2) The fees set forth below are referenced in POMC 13.04.050, 13.04.055, and 13.04.120.

Billing and Miscellaneous Charges

Billing Charges	POMC 13.04.050
Water/Sewer Delinquency Notice at Location	$10.00
Water Shutoff Fee	$40.00
Meter Turn-Off Violations (as Determined by City)	$250.00

Damaging the Utility System	POMC 13.04.120
Violation Fine (as Determined by the City)	$250.00

Miscellaneous Charges	POMC 13.04.055
After Hours Turn-On/Shutoff	$75.00
Notification to Tenant of Water Shutoff per Hold Harmless Agreement	$10.00
Service Fee for Estimated or Final Billing Closing Requests	$20.00

(3) The fees set forth below are referenced in POMC 13.04.031 and 13.04.045.

Water Plan Review Fees

Review	POMC 13.04.031
Main Extension Review Per lineal foot of main	$0.30
Pump Station Review	$300.00
Significant Facility Review*	Consultant fee** plus 10%

Sewer Plan Review Fees

Review	POMC 13.04.045
Main Extension Review Per lineal foot of main	$0.30
Pump Station Review	$300.00
Significant Facility Review*	Consultant fee** plus 10%

Water Inspection Fees

Inspection	POMC 13.04.031
Main Extension Inspection Per lineal foot of main	$1.25
Pump Station Inspection	$600.00
Significant Facility Inspection*	Consultant fee** plus 10%

Sewer Inspection Fees

Inspection	POMC 13.04.045
Main Extension Inspection Per lineal foot of main	$1.50
Pump Station Inspection	$600.00
Significant Facility Inspection*	Consultant fee** plus 10%

* Significant facilities include improvements such as sewer lift station construction or enlargement, force main construction, water system storage tanks, well construction, and water treatment facilities.

** This review and inspection shall be performed by the city’s water or sewer consultant under contract with the city for services of this type.

(Ord. 064-21 § 1; Ord. 058-21 § 1; Ord. 036-21 § 1; Ord. 023-21 § 1 (Exh. A); Ord. 009-21 § 1 (Exh. A); Ord. 027-20 § 1; Ord. 018-17 § 2; Ord. 005-17 § 2; Ord. 020-15 § 3).

13.04.030 Water capital facility charge.

(1) The water capital facility charge is designed to mitigate the impact of new demands on the existing water system and to require new users to pay their fair share of the value of the water system including, but not limited to, water supply, treatment, transmission, storage and distribution facilities. The water capital facility charge applies to new construction, changes in use, and building modifications which increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. Prior to connecting to the city’s water system the property owner shall pay, in addition to other applicable charges, the applicable water capital facility charge.

(a) The water capital facility charge for a residential or nonresidential connection is based on a set fee per ERU which is set forth in POMC 13.04.025. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit, or any other configuration.

(b) Reserved.

(c) When a building contains a mix of uses (residential and nonresidential) the water capital facility charge is based on a sum of the applicable ERUs as calculated by the city.

(d) Irrigation meters are charged a set fee which is set forth in POMC 13.04.025.

(e) Legally established accessory uses (such as accessory dwelling units, family day care, home occupation, or home business) to the household living land use code as defined in POMC 20.39.100, shall not be included in the CFC calculation; provided, that an accessory use meets the following criteria:

(i) For accessory dwelling units, the accessory dwelling unit is less than 1,000 square feet in floor area and is served by the same water meter as the principal dwelling.

(ii) The accessory use, if not an accessory dwelling unit, is expected to use less than 180 gallons of water per day.

(f) The public works director or designee is authorized to waive the connection fee of the water systems which do not impact the fire flow storage requirements of the city. All other fees, charges and expenses shall be paid as in accordance with this chapter. Examples of these connections are fire protection systems and relocating service lines which cross private property.

(2) If, after connection of a nonresidential service, the actual water usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the water capital facility charge was paid, the property owner shall pay to the city an additional water capital facility charge based upon the new or expanded use. The additional water capital facility charge shall be based upon the charge rate in effect at the time the increase in use is requested and/or detected, whichever first occurs.

(3) Water Capital Facility Charge – Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the water capital facility charge, provided all of the following requirements must be met to qualify for a partial or full exception:

(a) Property owners must submit an application for a partial or a full exception on the city’s application form prior to the issuance of any land use or development permits which change the use or development of the property; and

(b) A nonresidential or residential account has maintained a connection to the city’s water system and paid a minimum base fee as applicable; and

(c) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; and

(d) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ERU for the account will be equal to or less than the ERU number calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ERU calculation is larger than the existing ERU calculation. In such case the city will establish the prior calculated ERU which will be used as the basis for a credit toward the water capital facility charge.

(4) Local Improvement District Credit – Application. A credit against the water capital facility charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the water capital facility charge. The credit shall be equal to that portion of the property owner’s principal assessment, not including interest and penalties, which is directly applicable to the construction of the improvements that are a basis for calculating the value of the capital facility charge. The credit shall be applied at the time of payment of the water capital facility charge and shall not be used to reduce any assessments in the local improvement district.

(5) Existing Credit Agreements. A credit against all or a portion of the capital facility charge may be applied to properties that are bound by a development agreement or other agreement with the city that predates the ordinance codified in this chapter and which establishes credits for the water capital facility charge applicable to that property.

(6) Request for CFC Credit. Upon petition to the city engineer by the property owner or developer, a credit against the water capital facility charge (CFC) may be applied for those property owners or developers that construct, at their own expense and with the city’s advance agreement, any of the improvements that are a basis for calculating the value of the water capital facility charge and which result in upsized capacity over that which is required to serve their development. However, for development within McCormick Woods and McCormick West, a property owner may apply for a credit for any improvements that are the basis for calculating the value of the water capital facility charge regardless of whether there is excess capacity provided.

(7) The credit described in subsection (6) of this section is also available for those property owners that pay a latecomer’s fee toward those same improvements. The amount of such credit shall not exceed the total payments made as latecomer’s fees.

(8) Credit Agreement. In order to obtain a CFC credit, the credit amount and applicability shall be memorialized in a CFC credit agreement or development agreement consistent with this section.

(a) The value of the credit shall be determined by the city engineer and shall be based on:

(i) Conformance of the work with the city’s water system plan; and

(ii) Shall be proportional to the additional capacity provided by the planned capital improvement, except in the area described in subsection (6) of this section; and

(iii) The credit shall be limited to the development identified in the initial credit request that installed the upsized or additional infrastructure. The agreement may allow for phased projects.

(b) Alternatively, the value of the credit shall be the amount paid as a latecomer’s fee towards the improvement(s).

(c) The total credit, if any, as provided in this section shall not exceed the amount of the total CFC due and payable to the water utility.

(d) The full actual costs of drafting and processing the CFC agreement shall be reimbursed by the owner or applicant prior to final city council action on the agreement, to such extent that the actual costs exceed the initial application fee.

(e) Nothing in a CFC credit agreement shall limit the city’s ability to adjust the CFC due at the time of building permit issuance.

(f) The process for approving a CFC credit shall be as follows:

(i) The developer shall request a credit in writing in conjunction with permit submittal or a pending permit application and include the following eligibility information in their request:

(A) Identification of the project proposed for construction as listed in the city’s water capital facility charge calculation and the cost for that project as it appears in the CFC study.

(ii) The city may create an application form to accompany credit requests.

(iii) Upon verification of eligibility, the director shall prepare a CFC credit agreement (unless a development agreement is being sought) for city council consideration and approval.

(iv) The CFC credit agreement or development agreement may allow the deferral of CFC charges pending completion of the facility to be constructed by the developer in exchange for credit in rare circumstances (such as when building construction subject to CFC payment/credit and water facility construction occur concurrently), at the sole discretion of the city. In such cases, the agreement shall stipulate that no certificates of occupancy shall be granted prior to substantial completion of the facility and/or payment of the CFC unless a performance bond is in place. This deferral is allowed because the total amount of CFCs owed to the city may not be known prior to project completion and verification of construction costs. Where credit amounts are anticipated to be less that the total CFCs owed to the city, the agreement shall stipulate that a partial payment be made towards the CFCs owed for a project. The city council may require a performance bond if deferral is allowed.

(v) Credit shall not be granted until the director has deemed the capital project as completed (with costs certified) unless a performance bond has been provided to assure project completion. Provided, however, that for significant projects or multiple projects, the city may enter into an agreement to provide credits after a certain amount of expense by the property owner or developer; provided, that the city retains authority to deny certificates of occupancy or to require another mechanism to ensure completion of the project.

(vi) Project completion shall not occur until:

(A) The city deems it substantially complete; and

(B) All punch list items are completed to the satisfaction of the city; and

(D) The developer has put a two-year warranty and maintenance bond in place; and

(E) The city releases the performance bond (if applicable); and

(F) The developer has completed all property dedications; and

(G) The developer has provided the city with the certified construction costs (stamped by licensed engineer) to the city for determination of the maximum credits available under this agreement. The director shall have the authority to approve or reject project costs and may request additional information in support of certified construction costs; and

(H) The developer has provided the city with a bill of sale for the improvements; and

(I) The city council accepts the project as public.

(vii) The city will confirm completeness of the project by issuing a final notice of completeness to the developer.

(viii) Upon certification of completeness, the developer shall pay any balance owed for CFCs within 90 days or prior to the city’s issuance of a certificate of occupancy, whichever occurs first.

(9) The city council may require the CFC credit agreement to prorate CFC credits across all lots or units in a development when the amount of CFCs owed by the developer exceeds the amount of credit requested.

(10) The above provisions notwithstanding, the amount of credit shall not exceed the amount of the water capital facility fee for the property to which the credit is being applied and shall not exceed the certified construction costs for the projects constructed pursuant to an agreement.

(11) At the time the water capital facility charge is paid, a water inspection fee shall be paid. The water inspection fee is set forth in POMC 13.04.025.

(12) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer or property owner.

(13) The exceptions and credits described above shall not apply to any costs of construction incurred or payments made to the city for improvements that are a basis for the value of the capital facility charge and that were made 20 years or more prior to the date the property owner requests the exception or credit. For projects completed after August 1, 2021, no credits are available unless requested and granted by agreement in accordance with this section.

(14) The city council may, in its discretion, enter into an agreement that varies from the provisions of this section when supported by written findings.

(15) The credits described above shall have an expiration date of 20 years after the date of project completion, or the execution date for the credit agreement or development agreement, whichever date occurs first. After credits expire, they will no longer be available to property owners to offset CFC charges. (Ord. 058-21 § 2; Ord. 018-21 § 1; Ord. 036-21 § 2; Ord. 020-15 § 4; Ord. 008-13 § 1; Ord. 027-11 § 2; Ord. 021-09 § 4; Ord. 013-08 § 3; Ord. 023-06 § 1; Ord. 010-05 § 4; Ord. 1897 § 4, 2003; Ord. 1799 § 4, 2000).

13.04.031 Water system extensions and improvements.

All water system extensions and/or improvements shall be reviewed, approved, and inspected by city staff or selected representatives in conjunction with the submittal of an excavation permit (Chapter 12.04 POMC), land disturbing activity permit (LDAP) and/or stormwater drainage permit (SDP) application(s) as may be required under other sections of this code prior to the starting of construction on the proposed water system improvement. Review fees for water system extensions or improvements shall be paid in addition to required application fees for the above mentioned permits. Water system extension and improvement inspection fees shall be paid prior to permit issuance. Fees associated with the construction of significant facilities shall be determined at project completion and paid prior to project acceptance. All review and inspection fees shall be charged as set forth in POMC 13.04.025. (Ord. 018-17 § 3).

13.04.033 Connection fees.

(1) Connection fees are designed to reimburse the utility for the cost required to connect the new service to the water main. The labor installation fee is a flat fee set forth in POMC 13.04.025 plus associated materials plus sales tax based on the size of the water meter for service lines less than 25 feet. This fee is charged when installed by city employees.

(2) If the water service line exceeds 25 feet, or if the proposed construction is unusually difficult, the connection fee will be based on an estimate completed by the city for the required labor and material.

(3) If the service is connected by other than city employees, the water inspection fee per meter will be charged as set forth in POMC 13.04.025. All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these, plus overhead and sales tax, will be paid by the customer. If the installation is satisfactory, the city shall set the meter if it is one inch or less in size. Larger meters shall be installed by the contractor.

(4) All new construction, residential and commercial, on property which is located within 200 feet of a water main of the city shall be required to extend the water to and across the entire frontage of their property and connect to the city water system prior to the occupancy of the building. No new wells except municipal wells shall be constructed and no expansions of existing wells, except municipal wells, shall be permitted on properties that can be served, within 200 feet of a water main of the city, or are now served by the city water system. (Ord. 020-15 § 5; Ord. 008-13 § 2; Ord. 027-11 § 3; Ord. 013-08 § 4).

13.04.035 Water main front footage charge.

(1) Where all or a portion of the premises to be served has not been previously assessed or contributed its share towards the cost of installing a permanent main to serve such premises, water service shall be provided upon payment of a water main front footage charge as provided for in this section, in addition to the water capital facility charge set forth in POMC 13.04.030 and the connection fee set forth in POMC 13.04.033.

(2) The water main front footage charge shall be based on the frontage of the property served, as determined by the public works director. Properties situated on corner lots abutting utility mains on two sides shall have the front footage charge computed by averaging the two sides. The charge shall be charged per front foot as set forth in POMC 13.04.025.

(3) Water main front footage charges shall be charged on new accounts unless partially or fully exempted as explained below:

(a) The property has previously paid its share of a local water main as part of a water local improvement district and there are records to verify this; or

(b) The property has extended the local water main as required by the city and paid all costs associated with the extension; or

(c) The property has paid its equitable share of the cost of a previously installed local water main pursuant to a latecomer’s agreement; or

(d) The agreement for purchase and sale of assets of McCormick Water Company, Inc., waives the city fee in lieu of assessment for water services. These are the services within McCormick Woods, Campus Station, Kenmore Court, and McCormick 620.

(4) If a property owner requests an exemption as described above, the director of public works or designee shall make an administrative determination regarding the applicability, amount of the exemption, and shall execute the agreement based on those determinations. The decision may be appealed to the hearing examiner. (Ord. 036-21 § 3; Ord. 020-15 § 6; Ord. 008-13 § 3; Ord. 027-11 § 4; Ord. 013-08 § 5).

13.04.036 Water main agreement in lieu of assessment.

(1) Where all or a portion of the premises to be served does not abut a water main, water service may be provided upon execution of an agreement for water main in lieu of assessment, whereby the property owner agrees to the following, among other terms set by the public works director, and performance of all obligations under the agreement:

(a) Property owner will pay its share of a local water main as part of a water local improvement district; or

(b) Property owner will extend the local water main as required by the city and pay all costs associated with the extension; or

(c) Property owner will pay its equitable share of the cost of an installed local water main pursuant to a latecomer’s agreement or other agreement; or

(d) Property owner will pay a water main front footage fee.

(2) If a property owner requests an agreement for water main in lieu of assessment as described above, the director of public works or designee shall make an administrative determination regarding the eligibility and terms for an agreement. The director’s decision may not be appealed. Approval of the agreement is the discretion of city council. (Ord. 036-21 § 4).

13.04.037 Extension of water to property contiguous to the city.

Property lying within the urban growth boundary and contiguous to the Port Orchard city limits shall annex to the city as a condition of water connection. In the alternative, the city may elect to defer the annexation and require the owner to execute a utility extension agreement as described in POMC 13.04.040(11). (Ord. 013-08 § 6).

13.04.039 Payment.

All charges and fees set forth in this chapter shall be paid in full prior to any issuance of permits and the physical connection of the private service line to the water system. (Ord. 013-08 § 7).

13.04.040 Sewer capital facility charge – Extension of sewer.

(1) The sewer capital facility charge is designed to mitigate the impact of new demands on the existing sewer system and to require new users to pay their fair share of the value of the sanitary sewer system. The sewer capital facility charge applies to new construction, changes in use, and building modifications that increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit or any other configuration. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available.

(a) Sewer Capital Facility Charge – Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or a full exception to the assessment of the sewer capital facility charge, provided all of the following requirements must be met to qualify for a partial or a full exception:

(i) Property owners must submit an application for a partial or a full exception on the city’s application form prior to the issuance of any land use or development permits which change the use or development of the property; and

(ii) A nonresidential or residential account has maintained a connection to the city’s sewer system and paid a minimum base fee, as applicable; and

(iii) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; and

(iv) For a full exception, after the building improvements are completed, or new use implemented, the total calculated ERU for the account will be equal to or less than the ERU number calculated by the city under the prior use or development consistent with this section. A partial exception is applicable when the new ERU calculation is larger than the existing ERU calculation. In such case the city will establish the prior calculated ERU which will be used as the basis for a credit toward the sewer capital facilities charge.

(b) Accessory uses (such as accessory dwelling units, family day care, home occupation, or home business) to the household living land use code as defined in POMC 20.39.100 shall not be included in the CFC calculation; provided, that an accessory use meets the following criteria:

(i) For accessory dwelling units, the accessory dwelling unit is less than 1,000 square feet in floor area and is served by the same water meter as the principal dwelling.

(ii) The accessory use, if not an accessory dwelling unit, is expected to use less than 180 gallons of water per day.

(2) The sewer capital facility charge consists of two components: the general facility fee (GFF) and the wastewater treatment facility fee (WTFF). The general facility fee and the wastewater treatment facility fees are set forth in POMC 13.04.025. The properties within Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a wastewater treatment fee which is set forth in POMC 13.04.025.

(3) The sewer capital facility charge shall be paid before connecting to the city sanitary sewer system, or before changing the use, or increasing the total ERU count above the amount for which a sewer capital facility charge has been paid, except where a sewer GFF agreement provides for a deferral of these fees. If work is to be done that requires a sewer capital facility charge, it shall be paid before a permit shall be issued.

(4) If, after connection of a nonresidential service, the actual sewer usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the sewer capital facility charge was paid, the property owner shall pay to the city an additional sewer capital facility charge based upon the new or expanded use. The additional sewer capital facility charge shall be based upon the charge rate in effect at the time the increased use is requested and/or detected, whichever first occurs.

(5) A credit against the sewer capital facility charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city, where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the sewer capital facility charge. The credit shall be equal to the amount of the property owner’s principal assessment, not including interest and penalties. The credit shall be applied at the time of payment of the sewer capital facility charge and shall not be used to reduce any assessments in the local improvement district.

(6) Upon petition to the city engineer by the property owner or developer, a credit against the sewer general facility fee (GFF) may be applied for those developers that construct at their own expense and with the city’s advance agreement any of the improvements that are a basis for calculating the value of the sewer general facility fee and result in upsized capacity over that required to serve their development, or for those property owners that pay a latecomer’s fee toward those same improvements. The credit shall be memorialized in a GFF credit agreement approved by the city council.

The value of the credit shall be determined by the city engineer and shall be based on (a) conformance of the work with the general sewer plan of the city, and (b) shall be proportional to the additional capacity provided by the planned capital improvement. The credit shall be limited to the development identified in the initial credit request that installed the upsized or additional infrastructure. The agreement may allow for phased projects.

Alternatively, the value of the credit shall be the amount paid as a latecomer fee towards the improvement(s).

The total credit, if any, as provided in this subsection shall not exceed the amount of the total general facility fee due and payable to the sewer utility.

The full actual costs of drafting and processing the GFF agreement shall be reimbursed by the owner or applicant prior to final city council action on the agreement, to such extent that the actual costs exceed the initial application fee.

Nothing in a GFF credit agreement shall limit the city’s ability to adjust the GFF due at the time of building permit issuance.

The process for approving a GFF credit shall be as follows:

(a) The developer shall request a credit in writing in conjunction with permit submittal or a pending permit application and include the following eligibility information in their request:

(i) Identification of the project proposed for construction as listed in the city’s sewer general facility fee calculation and the cost for that project as it appears in the GFF study.

(ii) Identification of the sizing requirements for the proposed facility is at the city’s sole discretion, based on (A) the city’s adopted general sewer plan or (B) a technical design analysis prepared by the city’s engineers confirming the sizing requirements for the facility to be constructed. If the city determines in its sole discretion that a technical design analysis is required, then the analysis shall be prepared at the applicant’s expense.

(iii) Identification of the size of the facility to be constructed in ERUs as described in subsection (6)(a)(ii) of this section as well as share of the facility in ERUs to be used by the proposed development.

(b) The city may create an application form to accompany credit requests.

(c) The director shall verify the information provided under subsection (6)(a) of this section and may seek peer review at the requestor’s expense of any technical reports submitted to justify proposed credit amounts or proportionate shares.

(d) Upon verification of eligibility, the director shall prepare a GFF credit agreement for city council consideration and approval.

(e) The GFF credit agreement may allow the deferral of GFF charges pending completion of the facility to be constructed by the developer in exchange for credit in rare circumstances (such as when building construction subject to GFF payment/credit and sewer facility construction occur concurrently), at the sole discretion of the city. In such cases, the agreement shall stipulate that no certificates of occupancy shall be granted prior to substantial completion of the facility and/or payment of the GFF. This deferral is allowed because the total amount of GFFs owed to the city may not be known prior to project completion and verification of construction costs. Where credit amounts are anticipated to be less that the total GFFs owed to the city, the agreement shall stipulate that a partial payment be made towards the GFFs owed for a project. The city council may require a performance bond if deferral is allowed.

(f) Credit shall not be granted until the director has deemed the capital project as completed.

(g) Project completion shall not occur until:

(i) The city deems it substantially complete; and

(ii) All punch list items are finished; and

(iii) The facility passes final inspection; and

(iv) The developer has put a two-year warranty and maintenance bond in place; and

(v) The city releases the performance bond (if applicable); and

(vi) The developer has completed all property dedications; and

(vii) The developer has provided the city with a bill of sale for the improvements containing the certified construction costs (stamped by licensed engineer) to the city for determination of the maximum credits available under this agreement. The director shall have the authority to approve or reject project cost estimates and may request additional information in support of certified construction cost estimates.

(viii) The city council accepts the project as public.

(h) The city will confirm completeness of the project by issuing a final notice of completeness to the developer.

(i) Upon certification of completeness, the developer shall pay any balance owed for GFFs within 90 days or prior to the city’s issuance of a certificate of occupancy, whichever occurs first.

For illustrative purpose only, a GFF credit is calculated as depicted below:

Data needed to establish the credit value:

1) Verify the proposed project was included in the Sewer General Facility Fee Amount

2) Identify the project cost established for this project in the Sewer General Facility Fee

3) Identify the ERU’s for the Facility

a. Number of ERU’s for Developer needs of the total facility

b. Percentage ERU’s for Developer needs of the total facility

c. Number of ERU’s for Excess Capacity of the total facility

d. Percentage ERU’s for Excess Capacity of the total facility

4) Identify the Certified Construction Cost

5) Identify current Sewer General Facility Fee at time of agreement

Calculation needed to establish the credit value:

a) Sewer General Facility Fee Method available for credit (#2 multiplied by 3d)

b) Certified Project Cost Method available for credit: (#4 multiplied by 3d)

c) Total Sewer General Facility Fee owed by Developer: (#5 multiplied by 3a)

The credit is the lowest value of a, b, or c.

For illustrative purposes only, a GFF credit is depicted in the following example:

EXAMPLE

Data needed to establish the credit value:

1) Verified

2) $1,000,000

3) 1000 ERU’s

a. 250 ERU’s

b. 25%

c. 750 ERU’s

d. 75%

4) $900,000

5) $8,525

Calculated Credit Value:

a) Sewer General Facility Fee Method available for credit: $750,000

$1,000,000 x 75% = $750,000

b) Certified Project Cost Method available for credit: $675,000

$900,000 x 75% = $675,000

c) Total Sewer General Facility Fee owed by Developer: $2,131,250

$8,525 x 250 = $2,131,250

The credit is the lowest value of a, b, or c.

The maximum Credit is $675,000.

(7) The city council may require the GFF credit agreement to prorate GFF credits across all lots or units in a development when the amount of GFFs owed by the developer exceeds the amount of credit requested.

(8) The above provisions notwithstanding, the amount of credit shall not exceed the amount of the sewer general facility fee for the property to which the credit is being applied.

(9) At the time the sewer general facility charge is paid, a sewer inspection fee shall be paid per lateral connection to the main. The sewer inspection fee is set forth in POMC 13.04.025.

(10) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer.

(11) Extension of Sewer to Property Contiguous to the City Shall Annex – Exception. Property lying within the urban growth boundary and contiguous to the Port Orchard city limits shall annex to the city as a condition of sewer connection. In the alternative, the city may elect to defer annexation and require the owner to execute a utility extension agreement as described in subsection (12) of this section.

(12) Requirement for Utility Extension Agreement.

(a) Property lying within the urban growth area which is not contiguous to the Port Orchard city limits shall be permitted water and/or sewer connection only upon entering into an appropriate agreement with the city containing a waiver of protest to annexation/limited power of attorney authorizing annexation at such time as the city determines the property should be annexed to the city. Application for extension of utilities is subject to the following provisions:

(i) Application fees as established by the city council shall be paid upon the submittal of a signed utility extension agreement (UEA) requesting water and/or sewer for property outside the city, but located within the urban growth area;

(ii) The applicant will bear the entire cost of water and/or sewer connection pursuant to this chapter, as written or hereafter amended, subject to any provision in effect at the time of connection for latecomer reimbursement;

(iii) The applicant will be subject to all applicable provisions of this chapter, as written or hereafter amended, for extension of city utilities, the payment therefor, and all enforcement provisions therein; and

(iv) The UEA shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project application or approvals or when the director of planning determines that a substantial change or addition has been made to the project.

(b) The city may disconnect the utilities for failure of the applicant, or their successors or assigns, for violation of this chapter, or for violation of the terms and conditions of the UEA.

(c) Following execution, such agreement shall be recorded by the city clerk in the chain of title for such property in the records of the Kitsap County auditor. (Ord. 017-23 § 1 (Exh. A); Ord. 018-21 § 2; Ord. 036-21 § 5; Ord. 009-21 § 2 (Exh. A); Ord. 020-15 § 7; Ord. 008-13 § 4; Ord. 027-11 § 5; Ord. 013-08 § 9; Ord. 023-06 § 2; Ord. 010-05 § 5; Ord. 1897 § 5, 2003; Ord. 1799 § 5, 2000).

13.04.043 Sewer main front footage charge.

(1) Where all or a portion of the premises to be served has not been previously assessed or contributed its share towards the cost of installing a permanent sewer main to serve such premises, sewer service shall be provided upon payment of a sewer main front footage charge as provided for in this section, in addition to the sewer capital facility charge and connection fees set forth in POMC 13.04.025.

(2) The sewer main front footage charge shall be based on the frontage of the property served, as determined by the public works director. Properties situated on corner lots abutting utility mains on two sides shall have the front footage charge computed by averaging the two sides. The charge shall be charged per front foot as set forth in POMC 13.04.025.

(3) Sewer main front footage charges shall be charged on new accounts unless partially or fully exempted as explained below:

(a) The property has previously paid its share of a local sewer main as part of a local improvement district and there are records to verify this; or

(b) The property has extended the local sewer main as required by the city and paid all costs associated with the extension; or

(c) The property has paid its equitable share of the cost of a previously installed local sewer main pursuant to a latecomer’s agreement; or

13.04.044 Sewer main agreement in lieu of assessment.

(1) Where all or a portion of the premises to be served does not abut a sewer main, sewer service may be provided upon execution of an agreement for sewer main in lieu of assessment, whereby the property owner agrees to the following, among other terms set by the public works director, and performance of all obligations under the agreement:

(a) Property owner will pay its share of a local sewer main as part of a local improvement district; or

(b) Property owner will extend the local sewer main as required by the city and pay all costs associated with the extension; or

(c) Property owner will pay its equitable share of the cost of an installed local sewer main pursuant to a latecomer’s agreement or other agreement; or

(d) Property owner will pay a sewer main front footage fee.

(2) If a property owner requests an agreement for sewer main in lieu of assessment as described above, the director of public works or designee shall make an administrative determination regarding the eligibility and terms for an agreement. The director’s decision may not be appealed. Approval of the agreement is at the discretion of city council. (Ord. 058-21 § 4).

13.04.045 Sewer system extensions and improvements.

All sewer system extensions and/or improvements shall be reviewed, approved, and inspected by city staff or selected representatives in conjunction with the submittal of an excavation permit (Chapter 12.04 POMC), land disturbing activity permit (LDAP) and/or stormwater drainage permit (SDP) application(s) as may be required under other sections of this code prior to starting construction on the proposed sewer system improvement. Review fees for sewer system extensions or improvements shall be paid in addition to required application fees for the above mentioned permits. Sewer system extension and improvement inspection fees shall be paid prior to permit issuance. Fees associated with the construction of significant facilities shall be determined at project completion and paid prior to project acceptance. All review and inspection fees shall be charged as set forth in POMC 13.04.025. (Ord. 018-17 § 4).

13.04.050 Billing.

(1) The water and/or sewer charges shall be billed by the city finance director bimonthly, on the last day of the bimonthly period, to the property owner. The charges and rates shall be due to the finance director, who is authorized and empowered to collect and receipt for such payments, on the first day of the month following the receipt of services.

(2) Charges remaining unpaid 25 days after the due date shall be considered delinquent and shall be subject to an additional charge of $5.00 per utility service as a penalty.

(3) When a water and/or sewer bill shall become delinquent and a city employee must go to the premises during normal working hours for the purpose of hanging a written notice on the door, there shall be a charge added to the account set forth in POMC 13.04.025.

(4) If the delinquent water and/or sewer charges remain unpaid over a period of 30 days after the due and payable date, service will be discontinued by turn-off. Service will not resume thereafter until the delinquent charges and penalties, together with a turn-off fee, have been paid in full. The turn-off fee shall be set forth in POMC 13.04.025.

(a) It is unlawful for the owner or occupant of the premises to turn on/off the water, cause damage, or cause it to be turned on after it has been shut off or locked by the city. The above charges under this subsection (4) will apply if the city has to return to re-shut off an account that is supposed to be turned off at the meter for nonpayment. Violations will result in a fee as determined by the city which is set forth in POMC 13.04.025.

(b) In the event of a declared state of emergency, due to a natural disaster, weather or public health emergency, the city finance director is authorized to suspend disconnection of water and/or sewer services and to waive turn-off fees for the duration of the declared emergency. All other fees and charges shall continue to accrue.

(5) Where both water and sewer delinquent charges are involved, the customer shall not be billed double penalties.

(6) In the event of a declared local state of emergency, due to a natural disaster, weather or public health emergency, the city finance director is authorized to suspend disconnection. (Ord. 001-24 § 2; Ord. 017-23 § 4 (Exh. A); Ord. 004-20 § 2; Ord. 020-15 § 8; Ord. 027-11 § 6; Ord. 013-08 § 10; Ord. 010-05 § 6; Ord. 1897 § 6, 2003; Ord. 1799 § 6, 2000).

13.04.055 Miscellaneous charges.

(1) The charge for turning on or shutting off service, other than the regular City Hall business hours, and any time on weekends or holidays, shall be set forth in POMC 13.04.025.

(2) In order for a landlord to shut off a tenant’s water, the landlord must be the responsible party for the account, and the landlord must sign a hold harmless agreement and pay a service charge set forth in POMC 13.04.025. The city will give advance notice at the service address of at least eight hours, or such greater time as is required by law.

(3) When a closing agent requests, by law, a final billing of utility services to real property being sold, the utility shall provide the requesting party with a written estimated or actual final billing. There will be a service fee charged for each request set forth in POMC 13.04.025. (Ord. 020-15 § 9; Ord. 010-05 § 7; Ord. 1897 § 7, 2003; Ord. 1799 § 7, 2000).

13.04.056 Waiver authority.

The finance director, or their designee, at their discretion, shall have the authority to adjust or waive utility late fees, penalties, and/or disconnection charges: (1) during a local, state or federally declared emergency; (2) in the case of errors or other similar extenuating circumstances, as long as the utility account has not received a waiver or adjustment in the previous 12 months; or (3) for late fees or penalties, when the total late fee or penalty amount has grown to at least 51 percent of the total delinquent utility service charge amount, as long as the utility account has not received a waiver or adjustment in the previous 12 months.

The finance director, or their designee, at their discretion, shall have the authority to make alternative utility payment arrangements: (1) during a local, state or federally declared emergency; (2) in the case of errors or other similar extenuating circumstances, as long as the utility account has not received an alternative utility payment arrangement in the previous 12 months; or (3) when the total late fee or penalty amount has grown to at least 51 percent of the total delinquent utility service charge amount, as long as the utility account has not received an alternative utility payment arrangement in the previous 12 months. (Ord. 001-24 § 3; Ord. 017-23 § 1 (Exh. A); Ord. 009-20 § 1; Ord. 005-19 § 1).

13.04.060 Liens.

The finance director is directed to prepare and file a lien against any property where water and/or sewer charges or water and/or sewer connection fees remain unpaid for four months as provided in RCW 35A.60.010, 35.21.290 and 35.67.200. The fee to be applied to the account will be based on the current charges as established by the county auditor when the lien is filed. The remedy provided in this section shall be in addition to any other remedy now and hereafter provided by law. All charges, together with penalties and interest which may be provided by this chapter, shall be a lien upon the property to which such service is furnished. Water and/or sewer charges or sewer connection liens shall be superior to all other liens and encumbrances whatsoever, except those for general taxes and local and special assessments. The liens shall be enforced by the city in the manner provided by law. The additional and concurrent method of enforcing the lien of the city for the delinquent and unpaid charges by turning off the water and/or sewer service from the premises shall not be exercised after two years from the date of recording the lien notice, as provided by law. One exception to this is to enforce payment of six months’ charges for which no lien notice is required by law to be recorded. (Ord. 051-17 § 1; Ord. 027-11 § 7; Ord. 1897 § 8, 2003; Ord. 1896 § 2, 2003; Ord. 1799 § 8, 2000).

13.04.065 CPI adjustment.

Commencing October 1, 2021, and on October 1st of each successive year thereafter, unless otherwise adjusted by the city council during the previous six-month period, all capital facility charges, connection fees, and fees in lieu of assessment set forth in this chapter, but excluding water and sewer rates, shall be automatically adjusted based upon the All Urban Consumers Price Index for the Seattle-Tacoma-Bellevue area as published by the U.S. Department of Labor, Bureau of Labor Statistics, for the prior June; but in no event shall the adjustment be less than zero. (Ord. 017-23 § 8; Ord. 027-20 § 2).

13.04.070 Vacancies.

Repealed by Ord. 010-05. (Ord. 1897 § 9, 2003; Ord. 1799 § 9, 2000).

13.04.080 Mother-in-law apartments and converted homes.

Repealed by Ord. 036-21. (Ord. 1897 § 10, 2003; Ord. 1799 § 10, 2000).

13.04.090 Discontinuation of sewer charges.

Upon receipt of a written statement by the owner of a lot or parcel of property which has previously been connected to the public sewer system that there is no longer any building or structure for human occupation or use or for any business purpose located thereon and that the toilet and other facilities therein have been removed, disconnected and properly plugged from the public sewer system, and upon inspection by the superintendent or their designated representative to ascertain that the statement is true, the sewer charges shall cease as of the first day of the following month. (Ord. 017-23 § 1 (Exh. A); Ord. 1897 § 11, 2003; Ord. 1799 § 11, 2000).

13.04.100 Cross connections.

The installation or maintenance of any cross connection which would endanger the water supply of the city of Port Orchard is prohibited. Such cross connections are declared to be a public health hazard and shall be abated.

The control or elimination of cross connections shall be in accordance with WAC 246-290-490. The policies, procedures and criteria for determining appropriate levels of protection shall be in accordance with the Accepted Procedure and Practice in Cross Connection Control Manual – Pacific Northwest Section – American Water Works Association, Fourth Edition, or any superseding edition.

It shall be the responsibility of the city to protect the potable water system from contamination or pollution due to cross connections. Water service to any premises shall be contingent upon the customer providing cross connection control in a manner approved by the city engineer. Backflow prevention assemblies required to be installed shall be a model approved by the Kitsap County health department.

The city engineer, or their designated representative with proper identification, shall have free access at reasonable hours of the day to all parts of the premises or within the building to which the water is supplied. Water service may be refused or terminated to any premises for failure to allow necessary inspections. (Ord. 017-23 § 1 (Exh. A); Ord. 027-11 § 8; Ord. 1897 § 12, 2003; Ord. 1799 § 12, 2000).

13.04.110 Emergency water supply conditions.

Whenever an emergency exists affecting the water supply of the city and it becomes necessary to curtail the use of water through regulation and control of the use thereof, the mayor shall declare such an emergency. Notice of the emergency shall be published in the official newspaper by the city clerk, setting forth rules under which water will be used. The notice may include defining zones for use of water and setting forth hours during which lawn sprinkling may be done. The notice shall include any restriction, as approved by the city council, on the use of water that is deemed necessary for the welfare of the inhabitants of the city and other users of city water. Such notice and regulations established for the emergency shall be subject to change and shall be in full force and effect throughout the emergency. Any changes in such regulations as published shall likewise be published before taking effect. Regulations established for the emergency shall remain in effect until notice is published that the emergency has passed. (Ord. 1897 § 13, 2003; Ord. 1799 § 13, 2000).

13.04.120 Damaging the utility system.

No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is part of the public water or sewer system. No person shall connect another structure, apartment, or dwelling unit with a temporary hose or other pipe not permitted by the Uniform Plumbing Code for the purpose of providing water to that structure, apartment, or dwelling unit. Violations will result in a fee as determined by the city which is set forth in POMC 13.04.025. (Ord. 020-15 § 11; Ord. 1897 § 14, 2003; Ord. 1799 § 14, 2000).

13.04.130 Discharging of sewerage.

It shall be unlawful to discharge or cause to be discharged into the city sewer system, or cause to be placed where they are likely to run, leak or escape into the public sewer, any of the following:

(1) Ashes, cinders, sand, earth, rubbish, mud, straw, shavings, metal, glass, rags, feathers, tar, plastic, wood, or any matter which is capable of or likely to obstruct or interfere with the capacity or operation of the public sewer;

(2) Gasoline, benzine, naphtha, fuel oil, lubricating oil or any other matter which is inflammable or explosive upon introduction to the public sewer;

(3) Any matter having a temperature greater than 150 degrees Fahrenheit;

(4) Sewage containing suspended solids in excess of 350 milligrams per liter;

(5) Sewage containing grease or oil in excess of 100 parts per million by weight;

(6) Matter with a BOD greater than 300 milligrams per liter;

(7) Sewage with a pH lower than 5.5 and greater than 9.0;

(8) Garbage that has not been properly shredded;

(9) Sewage containing toxic or poisonous substances in sufficient quantity to injure or interfere with any sewage treatment process or constituting a hazard in the receiving waters of the sewage treatment plant;

(10) Any noxious or malodorous matter capable of creating a public nuisance;

(11) Waters from irrigation, storm drains, sump pumps, surface runoff, roof runoff, subsurface drainage, ponds or reservoirs. When an unauthorized hookup of a drain or excess infiltration is found to exist, the city engineer shall notify the property owner that corrective action is required and shall be accomplished within 60 calendar days. The city engineer may allow drainage of areas, not to exceed 750 square feet, if that area cannot be economically drained other than by using the sanitary sewer system;

(12) Contents from any septic tank or cesspool;

(13) Any unauthorized use of an established recreational vehicle dump station for other than recreational vehicles or camp trailers. (Ord. 1897 § 15, 2003; Ord. 1799 § 15, 2000).

13.04.140 Connection to sewer.

(1) The owner of each lot or parcel of real property within the city shall connect to the public sewer system if the public sewer system is within 200 feet of the lot or parcel and if one of the following conditions occurs:

(a) A new building or structure is constructed on an undeveloped parcel or lot and use of the new building or structure generates wastewater;

(b) An existing building or structure, which is served by an existing septic tank and drainfield, is remodeled or repaired in such a manner that the drainfield would have to be expanded, as required by the health officer. In such a case, the entire structure would have to be served by the public sewer system;

(2) The city council may schedule a public hearing to review the circumstances of the property to be connected to the sewer system, if requested by the property owner. The city council may modify or remove the requirements of mandatory sewer connection, if it deems it necessary. (Ord. 1897 § 16, 2003; Ord. 1799 § 16, 2000).

13.04.150 Side sewer responsibilities.

That portion of any side sewer pipe lying within a street right-of-way or easement shall be kept within the exclusive control of the city. That portion of the side sewer lying beyond said right-of-way or easement shall be the responsibility of the sewer customer which is served by the pipe.

When a side sewer is blocked, it is the responsibility of the sewer customer to remove the blockage. If the blockage is shown to the satisfaction of the city council to be within the right-of-way or easement, the city council may reimburse all or part of the cost to remove the blockage. (Ord. 1897 § 17, 2003; Ord. 1799 § 17, 2000).

13.04.160 Industrial sewer users.

(1) All major contributing industrial users of the public sewer system shall be required to enter into an agreement with the city of Port Orchard to provide for the payment of their proportionate share of the federal share of the capital costs of the sewage project allocable to the treatment of such industrial waste.

(2) The recovery of the proportionate share of costs shall be determined by agreement between the city and the industrial user. The share of costs shall be based upon all factors, which significantly influence the cost of the treatment works, and shall be repaid, without interest, in at least annual payments during the recovery period, not to exceed the life of the project or 30 years. In the event the city and users cannot agree as to the proportionate share to be repaid to the city, said proportionate share shall be determined by arbitration and the arbitrator shall be appointed by the presiding judge of the Kitsap County superior court.

(3) All major contributing users discharging into the treatment works shall be required to comply, within three years, with the pretreatment standards established by the Environmental Protection Agency. In accordance with the pretreatment requirements, major industries are defined as those industries that:

(a) Have a wastewater flow of 50,000 gallons, or more, per average day;

(b) Have a wastewater flow greater than one percent of the flow carried by the municipal system receiving the waste;

13.04.170 Violation.

Any person who violates any of the provisions of this chapter shall become liable to the city for any expense, loss or damage occasioned by the city by reason of such violation. Such person will be charged for any damage and may be assessed a civil penalty in an amount not to exceed $5,000. Every day that the person is in violation shall be considered a separate event and may be charged as such under this section. (Ord. 1897 § 19, 2003; Ord. 1799 §§ 19, 20, 2000).

13.04.180 Appeals.

The person may appeal the penalty to the city council; provided, that the appeal is made in writing and filed with the city clerk within 15 calendar days from the date of notice imposing the penalty. The failure to appeal will constitute a waiver of all rights to an administrative hearing and determination of the matter. (Ord. 1897 § 20, 2003).

13.04.200 Low flow toilet rebate.

A cash rebate shall be paid to the owners of single-family or multifamily residences for the installation of a 1.6-gallon low flow toilet replacing a standard toilet when the following conditions are present:

(1) The homeowner has submitted an application for rebate on a form designated by the city; and

(2) The installation address has an active water account in good standing with the city.

(3) Multifamily rebates to be limited to the first 250 applications received in a calendar year. (Ord. 009-10 § 1; Ord. 018-09 § 1).

13.04.300 Water and sewer standards.

All water and sewer improvements shall be designed and constructed in accordance with the “2019 City of Port Orchard Public Works Engineering Standards and Specifications (PWESS),” three copies of which are on file with the city clerk. (Ord. 006-19 § 2).