Chapter 13.12
WATER*
Sections:
13.12.020 Application for connections.
13.12.030 Contract provisions.
13.12.055 Connection to system.
13.12.070 Unlawful interference or tampering with system unlawful – Penalty.
13.12.080 Establishment of fees and charges.
13.12.085 Maximum distance for water service connections.
13.12.095 Developer-installed water service connections.
*Prior legislation: Ords. 346, 435, 519, 603, 681-98, 689-98, 703-99, 712-99, 755-00, 826-03, 864-04, 871-04, 911-06, 974-07 and 1044-09.
13.12.010 Purpose.
This chapter sets forth uniform requirements for users of the water system operated by the city of Sultan. This chapter shall apply to all users of the city of Sultan water system. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.020 Application for connections.
A. Any person desiring to have a premises connected with the water system of the city of Sultan shall make application therefor at City Hall.
B. Applications therefor shall be made upon the form furnished for that purpose. The application shall contain the address of the owner, service address of the premises where such water supply is desired, tax parcel number of the service address, and shall fully state all the purposes for which the water is to be used, the number of family units to be supplied, the size of the service pipe, the location and size of the meter, and shall be signed by the owner of the premises to be served or his duly authorized agent. Tenants, as such, are not considered agents of the owner and without specific written authority from the owner placed on file with the city and at the time of the application, no application for water service by a tenant will be considered or processed. At the time of filing such application the applicant shall pay the fees for installation of water service hereinafter provided.
C. The application shall contain a contract on the part of the person making the same to pay for the water applied for.
D. No such application shall be deemed accepted or granted by the city, and no vested rights to utility service shall accrue, unless all prerequisites for approval, as specified by ordinance or resolution are complied with in full and to the satisfaction of the city.
E. Following approval by the city, the applicant shall pay all required fees and charges. No utility connections shall be made until all fees and charges are paid in full. If the application is for both water and sewer, all fees and charges must be paid for both utilities before either one is connected. Impact fees only may be deferred based on statute in the SMC Development Code.
F. No person supplied with water from the city mains will be entitled to use it for any other purpose than those stated in the application, or to supply in any way other person or persons or families. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.025 Ownership of lines.
The city owns all utility lines constructed by it or conveyed to it. All lines constructed within the city limits and in the city of Sultan water system shall be constructed to city standards. City ownership shall include all water mains and side service between the main and the water meter. Side service lines between the water meter and the customer belong to the customer. All main lines constructed as part of any development or building project shall be conveyed to city ownership, along with easements for access for maintenance, repairs and upkeep. The city reserves the right to require upgrades and improvements to any main lines that were not built to city specifications. The city shall have no maintenance, repair, or replacement obligation with respect to lines which it does not own. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.030 Contract provisions.
A. The contract shall specify the rate and manner in which water shall be paid, and shall reserve to the city of Sultan the right to charge and collect the rates and enforce the penalties provided for in this chapter, in the manner herein provided, to change the rates at any time by ordinance, to temporarily discontinue the service at any time without notice to the consumer, and shall specify that the contract is subject to all the provisions of this chapter, and of any ordinance of the city of Sultan relating to the subject, hereafter passed, and shall provide that the city shall not be held responsible for any damage by water or other cause resulting from the defective plumbing or appliances on the premises supplied with water, installed by the owner or occupants of the premises, and shall provide that in case supply of water shall be interrupted or fail by any reason, the city shall not be held liable for damages for such interruption or failure, nor shall such interruptions or failures for any reasonable period of time be held to constitute a breach of contract on the part of the city or in any way relieve the consumer from performing the obligations of his contract.
B. All contracts shall take effect from the day they are signed and rates shall be charged from the day the premises are connected with the city’s water supply.
C. In the event of a disputed account, the owner of the premises must tender the basic fee charged per month and, if such tender is received by the city prior to the water service being shut off, the city shall not refuse service to the premises until suit has been entered by the city and judgment entered in the case. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.055 Connection to system.
A. Unless otherwise provided by this title, any premises that is connected with and uses the city sewer system shall also be connected with the city’s water system, and shall use water therefrom in its use of the city’s sewer system.
B. The owner of any property within the city limits which is not connected to city water service shall be required to extend the water service, and to connect to the same for all occupied structures on that property under any of the following circumstances:
1. Upon construction of a building or structure which is designated for occupancy; or
2. Upon construction of any additions, alterations or repairs within any 12-month period which exceed 50 percent of the value of an existing building or structure which is designed for occupancy; or
3. Upon any change in the occupancy classification of an existing building or structure on the property; or
4. Upon the failure of the on-site sewage disposal system on the property; or
5. As a condition of approval for any new land division, including but not limited to subdivision, short subdivision, and binding site plan.
C. The extension of water service is required as outlined in subsections (B)(1) through (5) of this section unless one of the following exceptions applies:
1. An alteration, expansion, or replacement of an existing structure which does not require the installation of additional fixtures; or
2. The structure, consistent with the requirements of the International Building Code (IBC) as adopted by the city, lawfully incorporates no plumbing fixtures; or
3. The property qualifies for a new water well pursuant to SMC 16.20.047. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.060 Rights of entry.
The public works director or representative shall have free access at all reasonable hours to building premises to which water service is rendered for the purpose of inspecting the same and also for the purpose of exercising the right of water shutoff, either personally or by other employees or contractors of the city, in the event such account becomes delinquent. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.065 Water meters.
The consumption and use of all water taken from the city water system shall be metered at each individual connection. Water meters shall meet the specifications of the city and shall be the property of the city utility system. Individual water meters shall be required for each parcel containing a single-family residence or structure. A master meter may be used for duplexes, multiple-family dwellings, condominiums and mobile home parks where there is a single ownership or centralized administration. Water meters shall be required for each commercial, industrial and public facility connection. All water meters shall be directly accessible at all times by city employees. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.070 Unlawful interference or tampering with system unlawful – Penalty.
Every person who willfully damages, interferes or tampers with the water system of the city, or who makes an unauthorized connection thereto, or who turns water service on or off from a premises without permission from the public works director or representative shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not less than $250.00 nor more than $1,000 in addition to all outstanding water service charges. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.075 Fire hydrants.
A. Fire hydrants meeting city specifications shall be installed on all extensions of the city water system at the time such extensions are constructed. All hydrants shall be owned and maintained by the city. The location and frequency of fire hydrants shall be specified by the water engineering standards and fire department.
B. No person shall plant any vegetation, erect any structure or perform any action which results in obstructing the view of the fire hydrants for a distance of 50 feet. The owner and/or occupant of any area in which a hydrant is located shall be responsible for removing weed and tree growth from around the hydrant for a distance of not less than 10 feet. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.080 Establishment of fees and charges.
A. Water rates shall be set by separate ordinance and included as an attachment to the annual fee schedule adopted by the city council.
B. Water General Facilities Charge.
1. A water general facilities charge shall be assessed at time of application for a new connection to the Sultan water system or at time of expansion or change of use of a facility when the water usage is expected to increase.
2. A general facilities charge shall be as established by the city council by separate ordinance. The amount set by such ordinance shall be the amount paid per equivalent residential unit (ERU).
a. Single-family residences will be charged for one ERU.
b. Accessory dwelling unit (ADU) will be charged for one ERU.
i. Attached Unit. No separate charge and included in the residential per unit cost of the principal use.
ii. Detached Unit. Fifty percent of an equivalent residential unit.
c. ERUs for new multifamily and commercial customers shall be based on the size of water meter needed to supply the customer’s calculated peak demand.
d. ERUs for Public and Private Parks, Recreational and Open Space Areas or Facilities. Based upon the size of the water meter needed to supply the facility’s peak calculated water demand.
e. Nonprofit Social Service Agencies. Exempt from all or a portion of the commercial connection charge as determined by the public works director to reflect the mission of the agency to provide assistance to the poor, elderly, or disabled.
f. In no case shall the ERU amount be less than one.
|
Meter Size |
ERU |
|---|---|
|
5/8 x 3/4 inch |
1 |
|
1 inch |
1.5 |
|
1-1/2 inches |
2 |
|
2 inches |
2.5 |
|
3 inches |
4 |
|
4 inches |
5.5 |
|
6 inches |
8 |
|
8 inches |
10.5 |
C. Permits. All necessary right-of-way use permits and easements must be obtained by the property owners before water service can be connected. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.085 Maximum distance for water service connections.
The length of any water service connection owned by the city (i.e., the line between the water main and the water meter), and the length of private water lines (i.e., the length between the water meter and the building) shall be subject to approval of the public works director. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.090 Responsibility.
A. All extensions of city mains to serve new customers or areas outside the corporate limits of the city shall be laid at the expense of the person or persons requesting such extensions in writing.
B. The owner of any service connections shall be responsible for damage to meters serving the premises due to willful or careless injury and shall be charged for repairs to meters caused by such damage.
C. It shall be unlawful for any person willfully to place any automatic sprinkling device or willfully place or hold any hose in such a position or manner that water therefrom falls on any person while on any public street or sidewalk.
D. The city reserves the right at any time, without any notice, to shut off the water supply for repairs, extensions, nonpayment of rates, or any other reason, and the city shall not be responsible for any damage, such as bursting boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppages or interruption of water supply, or any other damage resulting from the shutting off of water.
E. Water mains and service lines from the main to individual meters are the responsibility of the city of Sultan. Water meters are the sole ownership of the city and shall not be turned on/off except by authorized city personnel. Service lines from the meter to the premises are the responsibility of the landowner and will not be maintained or repaired by the city. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.095 Developer-installed water service connections.
A developer may install his own water service connections, including the meter box (but excluding the meter); provided, that they comply with all specifications of the city. In cases of new subdivisions, the developer shall install all water service connections. Installation of service connections shall be coincident with the installation of the water main. Service connections shall be shown on a water extension drawing and shall be subject to approval by the utility department. Service connections shall be conveyed to the city as a condition of obtaining water service. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)
13.12.100 Vandalism.
A. It shall be unlawful for any person, unless duly authorized by the public works director, to disturb, interfere with, or damage any water main, water pipe, machinery, tools, meters, or any other appliances, buildings, or grounds belonging to, connected with or under the control of the municipal water system of the city of Sultan; provided, however, that this prohibition shall not prohibit a resident from shutting off water to the premises at the meter in the event of an emergency and turning said water on when the emergency is corrected. Said actions, if undertaken by the resident or his agent, shall be done with due care and caution and shall not relieve said person from any liability for damage caused to the water meter or other property belonging to the city of Sultan in the event of their negligence.
B. No person, except as duly authorized by the public works director, shall turn on, turn off, unlock, change meter reading or cause stoppage of reading, any water meter belonging to the city.
C. It shall be unlawful for any person, except when duly authorized by the public works director, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant, stop valve or stopcock belonging to the city.
D. It shall be unlawful for any person to obstruct the access to any fire hydrant or to willfully or carelessly injure the same or to open or operate any fire hydrant, or attempt to draw water therefrom, except in the performance of official duties.
E. It shall be unlawful for any person to trespass, to bathe in or throw any substance into any reservoir, water tank, or impounding dams of the municipal water system of the city of Sultan.
F. If any persons shall fail, neglect or refuse to comply with this section, the city may shut off water and/or remove the meter furnished to the premises of the one so failing, neglecting or refusing and may charge a fee as established by council resolution for disconnection, reconnection and/or meter removal and reinstallation. (Ord. 1259-17 § 4; Ord. 1243-16 § 4)