Chapter 13.16
WATER – RATES AND CHARGES*
Sections:
13.16.010 Separate water service and meter required when – Exceptions.
13.16.020 Refusal to provide separate service – City action when – Liability for costs.
13.16.040 Meter rates designated.
13.16.050 Multiple-unit dwelling – Computation of bill.
13.16.055 Surcharge for outside users.
13.16.060 Monthly charges – When due – Delinquent fee.
13.16.070 Delinquent payments – Charges – Water shut-off.
13.16.090 Responsibility for water service charges.
13.16.100 Overpayment or underpayment of bill – Three-year limitation.
13.16.110 After hours nonemergency turn-on/turn-off fee.
13.16.120 Application of utility account payments.
13.16.130 Adjustment of utility bills.
*For statutory provisions authorizing cities to make charges for connecting to the water system, see RCW 35.92.025.
13.16.010 Separate water service and meter required when – Exceptions.
A. Each separate building or each separate room or part of a building or structure that is intended for separate occupancy shall be served by a separate water service and water meter provided that separate occupancies within an existing building or structure served by a single water service and water meter shall be charged as separate service accounts.
B. This section does not include duplex dwelling units, apartment houses, or other multiple-unit dwellings, court-type apartments, hotels, office rooms in an office building, or commingled separate businesses within a single building, such as booths or defined areas within a mini-mall. (Ord. 93-16 § 1, 1993; Ord. 88-15 § 9, 1988; Ord. A-351 § 1, 1950; Ord. A-194 § 1(A), 1939; Ord. A-95 § 4(A), 1930).
13.16.020 Refusal to provide separate service – City action when – Liability for costs.
If the owner fails, refuses or neglects to provide separate water service for each separate building or separate occupancy as provided by TMC 13.16.010, the city may refuse water service to such property until such time as the owner shall comply with said section or if the owner fails, refuses or neglects for a period of 30 days after notice to cause the service to be made, then the city may cause the same to be made and collect the cost thereof from such owner. (Ord. A-194 § 1(B), 1939; Ord. A-95 § 4(B), 1930).
13.16.030 Deposit required when – Amount designated.
Repealed by Ord. 2017-01. (Ord. 2008-1, 2008; Ord. 95-6 § 1, 1995; Ord. 88-15 § 10, 1988; Ord. B-296 § 1, 1984; Ord. B-132 § 1, 1979; Ord. A-95 § 16, 1930).
13.16.040 Meter rates designated.
Water shall be furnished and measured by meter, and shall be charged and paid for at meter rates, and until otherwise changed by the city council, said rates shall be as follows:
A. Monthly Meter Charge for All Customers.
|
Meter Size |
Rate Effective |
|---|---|
|
3/4" |
$52.94 |
|
1" |
$90.00 |
|
1 1/2" |
$174.69 |
|
2" |
$174.69 |
|
3" |
$280.55 |
|
4" |
$280.55 |
|
6" |
$566.38 |
|
8" |
$883.95 |
B. Residential Usage Charge (Per 100 Cubic Feet (CCF) and Portion Thereof). The rates to be charged for residential premises, including single-family units, duplexes and apartments, shall be as follows:
|
|
Rate Effective |
|---|---|
|
Allowance 0 – 6.00 CCF |
$0.00 |
|
All Usage above 6.01 CCF |
$1.52 |
C. Nonresidential Usage Charge (Per 100 Cubic Feet (CCF) and Portion Thereof).
|
|
Rate Effective |
|---|---|
|
All Usage (CCF) |
$1.16 |
D. Irrigation Usage Charge (Per 100 Cubic Feet (CCF) and Portion Thereof).
|
|
Rate Effective |
|---|---|
|
All Usage (CCF) |
$1.20 |
E. Large Processing Plants (Per 100 Cubic Feet (CCF) and Portion Thereof).
|
|
Rate Effective |
|---|---|
|
All Usage (CCF) |
$1.19 |
F. Use of water may be furnished and measured by a temporary meter or hydrant meter, and sold at rates per 1,000 gallons, plus a setup charge, damage deposit and monthly rental. The amount to be paid shall be established by resolution of the city council, as amended from time to time.
|
|
Rate Effective |
|---|---|
|
All Usage |
$15.78 |
G. The city manager shall have authority to promulgate the necessary policies and procedures for the efficient administration and implementation of wholesale water rate agreements as approved by resolution of the city council. (Ord. 2024-05 § 1, 2024; Ord. 2019-09 § 1, 2019; Ord. 2018-10 § 1, 2018; Ord. 2017-11 § 1, 2017; Ord. 2017-04 § 4, 2017; Ord. 2014-10, 2014; Ord. 2013-23, 2013; Ord. 2011-17, 2011).
13.16.050 Multiple-unit dwelling – Computation of bill.
Any premises occupied as a duplex, apartment house or other multiple-unit dwelling, or occupied for residential purposes in conjunction with a store or other building and served from one connection shall pay a minimum charge as set forth in TMC 13.16.040, or as the same may from time to time be changed by resolution of the city council, for each apartment or service unit, and the bill shall be computed as though there were a separate meter service for each apartment or service unit and each used an equal quantity of the water consumed, and there shall be no deductions for vacant premises. The owner of such duplex, apartment house or other multiple-unit dwelling shall be responsible for all charges. The provisions of this section shall apply to cabins, cabin courts and court-type apartments but shall not apply to hotels. (Ord. 2020-16 § 1, 2020; Ord. A-391 § 1, 1952; Ord. A-95 § 3, 1930).
13.16.055 Surcharge for outside users.
An additional charge of 25 percent shall be made for all water services provided outside of the city limits. (Ord. 2020-16 § 2, 2020).
13.16.060 Monthly charges – When due – Delinquent fee.
All charges for water service shall be due and payable at the finance department on the first day of each month, for the previous month. In case fees or charges for water are not paid before the close of business on the fifteenth day of the month in which due, a delinquent fee shall be added and collected by the finance department, and a like delinquent fee shall be added for each succeeding month or portion thereof during which the fees and charges shall remain delinquent, and such additional fees shall be collected by the finance department. Delinquent fees shall be established by resolution of the city council, as amended from time to time. Water bills shall cover service charges for a period of one month, and said bills shall be issued and mailed on or before the first day of each month. (Ord. 2017-01 § 1, 2017; Ord. 2016-08, 2016; Ord. 2010-1, 2010; Ord. 2006-10, 2006; Ord. 2005-11 § 1, 2005; Ord. 95-6 § 2, 1995; Ord. 88-15 § 12, 1988; Ord. 85-17 § 1, 1985; Ord. B-296 § 2, 1984; Ord. A-510 § 1, 1959; Ord. A-95 § 4, 1930).
13.16.070 Delinquent payments – Charges – Water shut-off.
In case of nonpayment of fees and charges for water within seven days after the date such fees and charges become delinquent and after compliance with the city’s notice procedures set forth below, the water shall be shut off and a shut-off charge shall be added to the account balance to cover administrative, clerical and other employee or employee-related expenses. The water shall remain off until the account is paid in full.
A. All payments received in the payment drop box by 5:00 p.m. on the payment due date will be accepted without penalty. Payments received in the drop box after 5:00 p.m. will be posted the next business day and the account will be billed late fees and subject to service termination.
B. Whenever a utility account is delinquent, the office of the finance director shall give notice to the customer of account delinquency and of the city’s intent to discontinue city utility services if full payment is not made within seven calendar days of the date of the notice. Notice shall be given by depositing it in the United States Postal Service, directed to the last known address of the customer as shown on the records of the city. The city will not shut off a water service on a Saturday, Sunday, legal holiday or any day that the city cannot establish service on the same or following day, unless there is an emergency.
C. The notice of account delinquency and service termination shall include the following information:
1. The name of the customer and the address to which the utility service is being provided.
2. The account number.
3. Total delinquent amount due and owing.
4. Notice that city services shall be terminated upon failure to pay the delinquent bill in full within the time frame set forth in the notice.
5. Notice that the customer has the right to dispute any charges, provided such request is received by the finance director or designee before the termination stated in the notice of the termination.
6. Upon timely receipt of a request for a hearing, the finance director or designee shall conduct a hearing and the customer requesting the hearing shall be notified in writing by the finance director or designee of the date, time and place of such hearing. Pending the outcome of such hearing, no service shall be terminated.
In the event that the water has been so shut off for nonpayment and is turned back on by anyone other than city of Toppenish personnel, and the account has not been paid in full, the water shall again be shut off and the water service locked in a shut-off position. A lock charge and a second shut-off charge shall be added to the account to cover administrative, clerical and other employee or employee-related expenses; provided further, however, that in the event that the water is once again turned back on by anyone other than city of Toppenish personnel, and the account has not been paid in full, then the water shall again be shut off, the water meter removed, and a water meter removal charge and a third shut-off charge in addition to the first and second shut-off charges and the lock fee shall be added to the account to cover administrative, clerical and other employee or employee-related expenses and the expense of removing and replacing the water meter. Shut-off, lock, and water meter removal charges shall be established by resolution of the city council, as amended from time to time. (Ord. 2018-02 § H, 2018; Ord. 2017-01 § 1, 2017; Ord. 95-6 § 3, 1995; Ord. 90-12 § 1, 1990; Ord. 88-15 § 13, 1988; Ord. 88-1 § 1, 1988; Ord. B-296 § 3, 1984; Ord. A-723 § 2, 1972; Ord. A-510 § 1, 1959; Ord. A-95 § 4, 1930).
13.16.080 Recordkeeping.
All accounts shall be kept on the books of the water department by house and street number, and under the name of the person signing the application for service. All bills and notices set out by the water department shall be sent to the house and street number of the property. (Ord. A-95 § 2, 1930).
13.16.090 Responsibility for water service charges.
A. The owner of the property being served shall be responsible for the payment of the charges for water service to such property, including delinquent fees and administrative, clerical and other employee or employee-related expenses as may be required by TMC 13.16.070.
B. All accounts for water service shall be kept in the name of the owner of the property and shall be billed to the owner and sent to the owner at such address as the owner shall provide to the city.
C. The deposit required under TMC 13.16.030 shall not be required when the account is in the name of the owner of the property. For those accounts where a deposit has already been paid pursuant to TMC 13.16.030, the deposit shall be refunded when the account has been established in the owner’s name.
D. The city clerk may rely upon the land records of Yakima County for the purpose of determining the name of the owner of the property, as posted on the website of the Yakima County assessor, or such other documentation as may be provided to the city clerk that verifies such ownership. For purposes of this section, a contract purchaser shall be deemed to be the owner of the property if the contract has been recorded in the office of the Yakima County auditor.
E. Discontinuance of water service for any cause shall not release the owner from the obligation for payment of unpaid charges, including delinquent fees.
F. Each utility account that is in the name of and/or billed to anyone other than the property owner shall be put in the name of and billed to the property owner at such time as a change of occupancy or a change of ownership of the property occurs, or on January 1, 2013, whichever first occurs. (Ord. 2011-12 § 1, 2011; Ord. B-297 § 1, 1984).
13.16.100 Overpayment or underpayment of bill – Three-year limitation.
The city finance director is authorized to credit accounts for any amounts paid for water service that are found to be erroneous overpayments, and is authorized to charge accounts for any amounts found to be erroneous underpayments; provided, however, that there shall be no such credit or charge for any overpayment or underpayment made more than three years prior to the date the customer has notified the city of the error, or more than three years prior to the discovery of the error by the city. (Ord. 2013-2, 2013).
13.16.110 After hours nonemergency turn-on/turn-off fee.
The city shall charge for turning water on or turning water off after hours upon request of the owner of the property in the event of a nonemergency. Said request shall be in writing and signed by the owner. The charge shall be added to the utility bill. For purposes of this section, after hours shall include Monday through Friday between 4:45 p.m. and 8:00 a.m., and weekends and holidays. After hours nonemergency turn-on/turn-off fees shall be established by resolution of the city council, as amended from time to time. (Ord. 2017-01 § 1, 2017; Ord. 2013-5, 2013).
13.16.120 Application of utility account payments.
A. If a billing statement contains charges for more than one utility, the city will apply the monies received in payment in the following order: (1) delinquent administrative fees such as penalties and turn-on/turn-off charges; (2) delinquent utility taxes; (3) delinquent solid waste collection charges; (4) delinquent sewer charges; (5) delinquent water charges; (6) current administrative fees such as penalties and turn-on/off charges; (7) current utility taxes; (8) current solid waste charges; (9) current sewer charges; (10) current water charges.
B. If a billing statement contains charges for only one utility, the city will apply the monies received in payment in the following order: (1) delinquent administrative fees such as penalties and turn-on/turn-off charges; (2) delinquent utility taxes; (3) delinquent utility charges; (4) current administrative fees such as penalties and turn-on/turn-off charges; (5) current utility taxes; (6) current utility charges. (Ord. 2013-6, 2013).
13.16.130 Adjustment of utility bills.
A. The administrative services director, or their designee, is empowered to resolve utility billing disputes upon receipt of a request to do so from a utility account owner/customer. Utility bill adjustment requests are required to be submitted to the administrative services director. Upon receipt of the request from the utility account owner/customer, the administrative services director shall review the bill with the utility account owner/customer to verify if the water overage amount is justly owed. The utility account owner/customer shall have the right to a meeting to bring forth reasons and evidence why such a bill or portion of said bill should not be due and owing.
B. The maintenance and repair of the water service line on the owner’s/customer’s side of the water meter setter is the responsibility of the property owner of the premises being served. The maintenance and repair of the sanitary sewer service line from the connection to the city’s sewer main to the premises is the responsibility of the property owner of the premises being served. The owner shall keep both water and sewer service lines in good working order.
C. In the case of a leak in the water service line, the utility owner/customer will be allowed an adjustment to the water utility bill based on the following:
1. The utility account owner/customer states that there was a leak in the water line on the owner’s/customer’s premises which caused a large consumption of water, and the existence of a leak in the water service line has been inspected and verified by the public works director, or their designee, or by documentary and/or photographic proof supplied by the owner/customer, that has been reviewed and verified by the public works director.
2. Within seven days of the discovery of the leak by the property owner/customer or within seven days of the city notifying the owner/customer of a probable leak, whichever occurs sooner, the property owner/customer shall have completed the repair of said leak.
3. Upon the public works director’s verification that the leak has been satisfactorily repaired, an adjustment will be considered based on the following:
a. Said leak in the water service line was not caused by and/or the fault of the property owner/customer. An adjustment to the utility billing shall not be permitted if such excess water consumption is due to a owner’s/customer’s neglect or failure to timely repair the leak.
b. An adjustment for a water service line leak shall only be allowed for the buried water service line from the water meter setter to the premises. No adjustment shall be made for leaking plumbing fixtures, leaks or breaks associated with an irrigation system, or any other typically visible leaks.
c. Said property has not had a previous water bill adjustment due to a water service line leak in the previous five years.
d. The owner’s/customer’s utility account is current with no past-due amounts owed to the city.
e. Utility service to property is classified as a single-family or multifamily residence with no more than three units.
D. Eligible owners/customers will be entitled to a water service line leak adjustment of the water overage portion of the utility bill, not to exceed $300.00. Adjustments below $25.00 will not be processed by the city.
E. If all the conditions of subsection C of this section are met, the water overage portion of the utility bill in the month the leak is detected shall be adjusted to an amount that is one-half of the difference between the previous year’s three-month average consumption, and the existing disputed bill’s consumption. The three-month average shall be calculated by taking the average of the previous year’s consumption for the month the leak was detected, the month before, and the month after. For owners/customers who have been owners for less than one year, the adjustment will be by one of the following methods:
1. The water overage portion of the utility bill in the month the leak is detected shall be adjusted to an amount that is one-half of the difference between the previous three-month average consumption immediately preceding the disputed bill and the existing disputed bill’s consumption; or
2. In the absence of three complete prior billing cycles, water consumption after the leak repair is complete can be used to estimate consumption during the leak period.
F. Multifamily residence of four or more units or commercial classified utility service owners/customers are not generally eligible but will be evaluated on a case-by-case basis regarding eligibility for adjustment to their utility bill. For commercial and industrial utility owners/customers, who are deemed eligible to receive adjustments, adjustments shall be made to water and sewer consumption if the following conditions are met:
1. The utility account owner/customer states that there was a leak in the water service line, without knowledge or fault of the owner/customer, on the owner’s/customer’s premises which caused a large consumption of water, and the existence of a water service line leak is either verified by inspection by the public works director or by documentary and/or photographic proof supplied by the owner/customer, that has been reviewed and verified by the public works director. All repairs must be completed and verified by the public works director within 30 days after notification of the leak. Reduction in charges is limited to one-half of the water overage portion of the amount billed and the entire sewer overage portion of the amount billed as determined by the city to be associated with the billing period in question. If the owner/customer fails to make repairs within 30 days after the notification of the leak, the city will not make any adjustments to the owner’s/customer’s account for any of the excessive water or sewer overage.
G. The city reserves the right to discontinue water service to any premises where the owner refuses to make necessary repairs to avoid the wasting of water. If after reasonable efforts to contact the owner about observable water being lost through leakage, the city at its option may terminate water services and shall leave a written notice as to its action and the reason therefor. (Ord. 2023-05 § 1, 2023).