Chapter 13.03
IRRIGATION RATES AND REGULATIONS
Sections:
13.03.020 Parcels required to pay the base rate—Fee.
13.03.030 Parcels required to pay the service rate—Fee—Mandatory hook up—Penalty.
13.03.040 Parcel with no water right which uses irrigation water—Rate.
13.03.060 Parcel not entitled to water right—Denial of water.
13.03.070 Wastewater on city streets deemed nuisance.
13.03.100 Use of water following disconnection deemed misdemeanor—Penalty.
13.03.010 Definitions.
For purposes of this chapter the following definitions shall apply:
“Access” means a parcel which is connected by a pipe or conduit to the city irrigation water distribution system or which can be connected to the city irrigation water distribution system mainline which is located in an adjoining public right-of-way.
“Parcel” means a unit of land located within the city limits of the city of Prosser and having a separate legal description and number on record with the Benton County assessor’s office.
“Parcel with an irrigation water right” means a parcel which would be assessed irrigation water charges by the Sunnyside Valley Irrigation District if such parcel was not located in the city limits of the city of Prosser, Washington, whether or not such parcel has access to irrigation water.
“Parcel without an irrigation water right” means a parcel which would not be assessed irrigation water charges by the Sunnyside Valley Irrigation District even if such parcel was not located in the city limits of the city of Prosser, Washington, whether or not such parcel has access to irrigation water.
“PMC” means the Prosser Municipal Code.
“Year” shall mean from January 1st to December 31st. (Ord. 2642 § 3, 2008).
13.03.020 Parcels required to pay the base rate—Fee.
All parcels with an irrigation water right shall pay the base rate. The base rate for each year shall be based on the square footage of the parcel and shall be calculated at the rate set forth in a separate ordinance passed by the city council. The square footage for each parcel shall be the same as the square footage determined by the Benton County assessor’s office for that parcel. (Ord. 3019 § 1, 2017: Ord. 2987 § 5, 2016: Ord. 2957 § 5, 2015: Ord. 2794 § 5, 2012: Ord. 2753 § 5, 2011: Ord. 2706 § 1, 2010: Ord. 2681 § 1, 2009: Ord. 2642 § 4, 2008).
13.03.030 Parcels required to pay the service rate—Fee—Mandatory hook up—Penalty.
In addition to the base rate, all parcels with an irrigation water right and with access to irrigation water shall pay the service rate, provided they are directly connected to the city of Prosser irrigation water distribution system. The service rate for each year shall be based on the square footage of the parcel and shall be calculated at the rate set forth in a separate ordinance passed by the city council. The square footage for each parcel shall be the same as the square footage determined by the Benton County assessor’s office for that parcel. All parcels with access to irrigation water are required to connect to the city of Prosser’s irrigation system, unless they are connected directly to the Sunnyside Valley Irrigation District’s water distribution system. Any owner of a parcel with access to irrigation water, and whose parcel is not connected directly to the Sunnyside Valley Irrigation District water distribution system, shall be assessed a civil penalty equal to the amount of the service rate. Such penalty shall be due and payable at the same time and in the same manner as the service rate would have been paid had the parcel been directly connected to the city of Prosser’s irrigation water distribution system. (Ord. 3019 § 2, 2017: Ord. 2987 § 6, 2016: Ord. 2957 § 6, 2015: Ord. 2794 § 6, 2012: Ord. 2753 § 6, 2011: Ord. 2706 § 2, 2010: Ord. 2681 § 2, 2009: Ord. 2642 § 5, 2008).
13.03.040 Parcel with no water right which uses irrigation water—Rate.
Any parcel with no irrigation water right, but which uses irrigation water, shall be charged the base rate in accordance with Section 13.03.020 and the service rate in accordance with Section 13.03.030. (Ord. 2642 § 6, 2008).
13.03.050 Connection fees.
There shall be assessed and collected, prior to connection to the city of Prosser irrigation water distribution system, an irrigation connection fee set forth in a separate ordinance passed by the city council. (Ord. 3019 § 3, 2017: Ord. 2642 § 7, 2008).
13.03.060 Parcel not entitled to water right—Denial of water.
The city expressly reserves unto itself the right and power to withhold or withdraw water service to any parcel without an irrigation water right. (Ord. 2642 § 8, 2008).
13.03.070 Wastewater on city streets deemed nuisance.
A. The running of irrigation wastewater upon the streets, alleys or public ways of the city by any person, except under the direction of the city, is declared to be a public nuisance and it is unlawful for any person to allow or permit any irrigation wastewater to run upon the streets, alleys or public ways of the city.
B. In addition to other legal remedies available to the city, any person who violates the provisions of this section shall be issued a civil infraction in the amount of two hundred fifty dollars. Civil infractions shall be issued and processed in accordance with Sections 1.40.070 through 1.40.990. (Ord. 2642 § 9, 2008).
13.03.080 Charges payable.
The annual irrigation charges for each parcel shall be pro-rated and shall become due and payable in twelve equal monthly payments which shall be billed and collected as part of the owner’s customary monthly utility bills as issued by the city. (Ord. 2642 § 10, 2008).
13.03.090 Remedies.
In the event an owner fails to pay the irrigation charge on a parcel owned by him, the city shall have the authority to terminate domestic water service to such property. Termination of such water service shall not limit other remedies available to the city. (Ord. 2642 § 11, 2008).
13.03.100 Use of water following disconnection deemed misdemeanor—Penalty.
Unless the conduct of any person would be a felony under the laws of the state of Washington, any person taking or using water after the service has been disconnected or who in any manner interferes with the locks or taps maintained by the city shall be guilty of a misdemeanor punishable by a fine of not more than one thousand dollars and by confinement in jail for not more than ninety days, or both such fine and confinement in jail. (Ord. 2681 § 3, 2009: Ord. 2642 § 12, 2008).
13.03.990 Severability.
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter. (Ord. 2642 § 13, 2008).