Chapter 15.28
WATER SERVICE—RATES AND CHARGES
Sections:
15.28.010 Monthly water rates.
15.28.020 Schedule 1: Meter charge.
15.28.030 Schedule 2: Single-family residential.
15.28.040 Schedule 3: Multifamily (including duplexes, triplexes, mobile home and trailer parks).
15.28.050 Schedule 4: Commercial (including government, industrial, hotel/motel).
15.28.060 Schedule 5: Irrigation.
15.28.065 Schedule 6: Wholesale rate.
15.28.070 Schedule 7: Standby fire protection service.
15.28.085 Schedule 8: Regional plan partners.
15.28.090 Service to construction sites.
15.28.130 Billing—Payment—Liens.
15.28.140 Rates, charges and classifications.
15.28.150 General facilities charge.
15.28.010 Monthly water rates.
Water rates shall be charged in accordance with the rates in the most recent council-adopted master fee schedule, effective with the January billings of the affected year. (Ord. 2011-0723 § 1, 2023)
15.28.020 Schedule 1: Meter charge.
Each account served shall pay a monthly meter charge identified and shown within the most recently adopted master fee schedule. Private fire will be rated based on the size of the backflow prevention device in lieu of a meter size and fire line charges will be collected only prospectively beginning with the January 2018 billings. (Ord. 2011-0723 § 1, 2023)
15.28.030 Schedule 2: Single-family residential.
A. In addition to the meter charge identified in the master fee schedule, each single-family residential unit shall pay a consumption charge for each cubic foot of water identified and shown within the most recently adopted master fee schedule.
B. Senior Citizen and Disability Discounts. Eligible low-income senior citizens and disabled persons living in single-family residences shall receive a discount, as outlined within the most recently adopted version of the city of Shelton’s master fee schedule. (Ord. 2011-0723 § 1, 2023)
15.28.040 Schedule 3: Multifamily (including duplexes, triplexes, mobile home and trailer parks).
In addition to the meter charge identified in the master fee schedule, each multifamily account shall pay a consumption charge for each cubic foot of water identified and shown within the most recently adopted master fee schedule. (Ord. 2011-0723 § 1, 2023)
15.28.050 Schedule 4: Commercial (including government, industrial, hotel/motel).
A. In addition to the meter charge identified in Section 15.28.020, Schedule 1: Meter charge, each commercial account shall pay a consumption charge for each cubic foot of water identified and shown within the most recently adopted master fee schedule.
B. The following provisions shall apply to industrial services, as defined in Section 15.04.160, located in the city or in any outlying area where industrial accounts are served by the city:
1. All costs incurred in connection and installation of meters and service connections will be borne by the industrial services user;
2. Any water supplied to an industrial services user is subject to immediate deactivation when it is determined by the director that an emergency warrants this action;
3. The rate to be charged industrial services shall be computed on a monthly basis consistent with the commercial rates, as shown within the most recently adopted city of Shelton master fee schedule. (Ord. 2011-0723 § 1, 2023)
15.28.060 Schedule 5: Irrigation.
In addition to the meter charge identified in the master fee schedule, each irrigation account shall pay a consumption charge for each cubic foot of water identified and shown within the most recently adopted master fee schedule. (Ord. 2011-0723 § 1, 2023)
15.28.065 Schedule 6: Wholesale rate.
In addition to the meter charge identified in the master fee schedule, the Johns Prairie area owned by the Port of Shelton shall pay a consumption charge for each cubic foot of water identified and shown within the most recently adopted master fee schedule. (Ord. 2011-0723 § 1, 2023)
15.28.070 Schedule 7: Standby fire protection service.
Where fire service is available, no charge will be made for water used in extinguishing fires of incendiary or accidental origin. (Ord. 1852-0614 § 1 (part), 2014: Ord. 1782-0311 § 1 (part), 2011)
15.28.085 Schedule 8: Regional plan partners.
Under the provisions of the regional water and wastewater plan, the city provides water services to the Washington State Patrol and the Washington Corrections Center under a separate utility service agreement approved by the council. Rates and charges for water services applicable to the regional plan partners are set forth in this agreement.1 (Ord. 1921-0518 (part), 2018; Ord. 1852-0614 § 1 (part), 2014: Ord. 1782-0311 § 1 (part), 2011)
15.28.090 Service to construction sites.
Water for construction or other uses may be made available by fire hydrants; provided, that the contractor or person seeking water service first makes application to the city and the city approves such use. The city shall establish reasonable rules and regulations for fire hydrant use including cross-control protection, hours of hydrant use and any other applicable conditions. The applicant shall indicate the estimated usage, hydrant location and duration of usage. The city has the right to deny any application it determines is not in the best interest of the city to approve. The permit and water usage fees shall be established by the city council. The city shall not be liable for any damage resulting from a lack of water to any site, including, but not limited to, situations in which the city has denied access to use or limited use of a fire hydrant. (Ord. 1921-0518 (part), 2018; Ord. 1685-1106 § 1 (part), 2006: Ord. 1672-0206 § 1 (part), 2006: Ord. 1670-0206 § 1 (part), 2006: Ord. 1611-0104 § 7 (part), 2004: Ord. 1581-0103 § 7 (part), 2003)
15.28.100 New accounts.
All new accounts shall be subject to the applicable rules and regulations set forth by the finance department regarding accounts relating to utilities. (Ord. 1685-1106 § 1 (part), 2006: Ord. 1672-0206 § 1 (part), 2006: Ord. 1670-0206 § 1 (part), 2006: Ord. 1611-0104 § 7 (part), 2004: Ord. 1581-0103 § 7 (part), 2003)
15.28.110 Rate computation.
In the computation of charges for water metered to any user, the cubic feet shall be rounded off to the next highest cubic foot. (Ord. 1685-1106 § 1 (part), 2006: Ord. 1672-0206 § 1 (part), 2006: Ord. 1670-0206 § 1 (part), 2006: Ord. 1611-0104 § 7 (part), 2004: Ord. 1581-0103 § 7 (part), 2003)
15.28.120 Appeals.
A. Any customer who believes that an assessed user charge, billing or notice of delinquency is out of compliance with this chapter may appeal such charges, billing or notice of delinquency pursuant to the appeal process defined in this section.
B. Within seven business days of the date printed on the invoice (in the event of appeal of an assessed user charge or billing) or within seven business days of the date printed on the delinquency notice (in the event of an appeal of delinquency status), submit a written appeal to the city’s director of financial services by personal delivery or by first class mail to the city’s business address. The written appeal shall state (1) what is disputed; (2) specific dollar figures disputed; (3) explanation regarding why the billing and/or determination of delinquency appear inaccurate; and (4) specific details regarding the corrective action requested of the city, including specific dollar figures. If personally delivered, this written appeal must be received by the city within seven business days of the date printed on the subject invoice or notice, with the date printed on the subject invoice or notice not included in the seven-day date calculation. If mailed, the written appeal must be postmarked within seven business days of the date printed on the subject invoice or notice, with the date printed on the subject invoice or notice not included in the seven-day date calculation. The customer shall retain proof of postage and mailing for reference purposes.
C. Water service will be subject to disconnection seven business days following the respective appeal due dates specified in this section, in the event no written appeal is received by the city by the specified due dates.
D. The director of financial services will evaluate a written appeal timely submitted, and will issue written finding(s) and a determination within seven business days of receipt of the appeal, with the date of receipt not included in the date calculation. The written finding(s) and determination will be mailed to the customer’s address of record.
E. If the director of financial services determines that the charges are unwarranted, user charges for the subject account shall be corrected and the revised charges shall be retroactively applied for up to four months, with any credit applied to the subject account.
F. Should the customer disagree with the director of financial services’ written finding(s) and determination, the customer may appeal and proceed as final hearing to the city manager, or designee, pursuant to the process detailed herein. An appeal to the city manager, or designee, may be submitted in writing by personal delivery or by first class mail to the city’s business address. The written appeal shall specifically reference the director of financial services’ written finding(s) and determination, and shall state (1) what specific finding(s) and/or determination of the director of financial services is/are disputed; (2) specific dollar figures disputed; (3) explanation regarding why the director of financial services’ written finding(s) and/or determination appear(s) inaccurate; (4) specific details regarding the corrective action requested of the city, including specific dollar figures; and (5) whether an in-person hearing is requested or whether the matter is to be decided solely on the basis of the written submittal.
If personally delivered, the written appeal must be received by the city within seven business days of the date printed on the director of financial services’ written finding(s) and determination, with such printed date not included in the seven-day date calculation. If mailed, the written appeal must be postmarked within seven business days of the date on the director of financial services’ written finding(s) and determination, with such printed date not included in the seven-day date calculation. The customer shall retain proof of postage and mailing for reference purposes.
The city manager, or designee, will evaluate the appeal and, if an in-person hearing is not requested, will issue written finding(s) and determination within seven business days of the appeal receipt date (in the case of personal delivery), or appeal postmark date (in the case of mailing), with the appeal receipt date or postmark date not included in the date calculation. Such decision shall be final, and the written finding(s) and determination will be mailed to the customer’s address of record.
If an in-person hearing is requested, the in-person hearing shall be conducted by the city manager, or designee, within ten business days from the date of personal delivery or mailing postmark of the appeal to the city manager, or designee, with date of delivery or postmark not included in the date calculation. Following the hearing, the city manager, or designee, will issue written finding(s) and determination within seven business days of the hearing date, with date of hearing not included in the date calculation. Such decision shall be final, and the written finding(s) and determination will be mailed to the customer’s address of record.
G. A scheduled disconnection for disputed charges shall be placed on hold pending the appeal process; provided, that disconnection may proceed seven business days following the respective appeal due dates specified in this section, in the event no written appeal is received by the city by the specified due dates; or immediately upon the final decision by the city manager, or designee, in the event the final decision upholds the pending disconnection.
H. The customer must pay all undisputed subsequent utility billing charges, penalties and fees in order to keep the appeal process active. Any undisputed charges left unpaid are subject to the disconnection process. (Ord. 1918-0318, 2018)
15.28.130 Billing—Payment—Liens.
Utility billing, delinquencies, collections and liens shall be as provided for under Washington state law and Title 3 of the Shelton Municipal Code addressing utility billings, delinquent charges and liens. (Ord. 1782-0311 § 1 (part), 2011)
15.28.140 Rates, charges and classifications.
The rates, charges and classifications provided in this title may be amended from time to time at the discretion of the city council and as provided for in the Shelton Municipal Code. Such amended rates, charges or classifications shall apply to and be binding upon users of the city water system whether inside or outside of the city limits. (Ord. 1921-0518 (part), 2018; Ord. 1685-1106 § 1 (part), 2006: Ord. 1672-0206 § 1 (part), 2006: Ord. 1670-0206 § 1 (part), 2006: Ord. 1611-0104 § 7 (part), 2004: Ord. 1581-0103 § 7 (part), 2003)
15.28.150 General facilities charge.
A. The city shall collect a general facilities charge (GFC) for each new customer’s equitable share of the system cost under RCW 35.92.025. The GFC shall be adopted by the council based on a professional rate study conducted by a qualified consultant and may be amended by the council as necessary. The GFC shall be subject to an adjustment equal to the average annual percentage increase provided in the Engineering News-Record (ENR) 20-Cities Construction Cost Index, using an October through September average increase to establish the adjusted rate(s); the fee shall not, in any case, decrease. The adjusted rate will automatically be effective January 1st of each year.
B. GFCs for water will not be charged for new connections on properties previously connected to city water after March 1, 2004; provided, that the service requested is not larger than the previous service. If the meter size increases, the applicant will be required to pay the difference between the applicable GFC for the meter size requested and the GFC charge for the existing meter size.
C. GFC charges shall be paid prior to the city’s issuance of the approved utility permit application, under the fee schedule that is in effect at the time of issuance.
D. If an applicant, as a condition of development approval, is required to build a qualified system improvement to serve the development project, a GFC credit shall be given, upon the applicant’s request, for the cost of the improvement, not to exceed the total amount of GFCs that would otherwise be due. A public improvement is considered a qualified system improvement when it is identified as a capacity improvement project on the current comprehensive or six-year capital improvement plan. Credits may be given in lieu of or in addition to a utility latecomer agreement under Chapter 35.91 RCW, at the developer’s option. Additional credits may be considered in the context of a development agreement under Chapter 36.70B RCW.
E. The city manager or designee may adopt policies as necessary to administer this section. (Ord. 2019-0124 § 3, 2024)
Code reviser’s note: Section 15.28.080 was repealed by Ordinance No. 1778-0111.