Chapter 13.44
SEWERS – RATES AND CHARGES*
Sections:
13.44.020 Monthly rates and charges established – Payment required.
13.44.030 Consumption less than 2,000 cubic feet per month per unit.
13.44.040 Consumption of 2,000 cubic feet or more per month per unit.
13.44.045 Determination of consumption by other methods.
13.44.050 Monthly charges – When due – Penalties.
13.44.055 Delinquent payments – When shut off – Charges.
13.44.060 Lien against property when.
13.44.070 Disposition of collected charges.
13.44.080 Responsibility for sewer service charges.
13.44.090 Surcharge for outside users.
13.44.100 Rate adjustments for enrolled members of federally recognized American Indian tribes.
13.44.110 Overpayment or underpayment of bill – Three-year limitation.
*For statutory provisions authorizing cities to make charges for connecting to sewage system, see RCW 35.92.020 and 35.92.025.
13.44.010 Definitions.
The following definitions shall be used in interpreting this chapter:
A. “Apartment” means a building occupied for residence purposes by three or more families or having apartments which are rented or utilized by more than the family. The number of units shall be defined as the number of apartments.
B. “Duplex” means a building occupied by two families (two units).
C. “Hotel, motel or roominghouse” means a building in which individual rooms whether with or without bath are rented for dwelling purposes by the day, week, month or other period.
D. “Residence” means a dwelling house occupied by one family.
E. “Restaurant” means any establishment or place of business where meals or other food are prepared, served and sold to the public in the general course of business.
F. “Service station” means premises where gasoline is sold to retail customers. This classification shall include garages where mechanical repairs are made to vehicles. It shall not include premises where coin-operated car washing equipment is located or where outmoded car washing equipment is utilized.
G. “Small users” includes all premises where sewer use is not otherwise defined and where water consumption in the six winter months average less than 2,000 cubic feet per month. (Ord. B-115 § 1, 1978; Ord. A-390 § 1, 1952).
13.44.020 Monthly rates and charges established – Payment required.
There is established and there shall be charged and collected by the city clerk-treasurer the monthly rates and charges set forth in TMC 13.44.025 through 13.44.045 for the use of and furnishing of the services of the sanitary sewerage systems of the city, all of which rates and charges shall be made and paid on a monthly basis. (Ord. 2007-18 § 1, 2007; Ord. 2006-20 § 1, 2006; Ord. 2006-12, 2006; Ord. 2005-13 § 1, 2005; Ord. 99-1 § 1, 1999; Ord. B-115 § 2, 1978; Ord. A-390 § 2, 1952).
13.44.025 Fixed rates.
The rates to be charged for residential premises, including single-family units, duplexes and apartments, shall be as follows:
|
|
Rate Effective |
|---|---|
|
Residences, Duplexes (Per Unit) |
$104.49 |
|
Multifamily (Per Unit) |
$94.04 |
(Ord. 2024-06 § 1, 2024; Ord. 2019-10 § 1, 2019; Ord. 2018-11 § 1, 2018; Ord. 2017-12 § 1, 2017; Ord. 2014-11, 2014; Ord. 2013-24, 2013; Ord. 2011-18, 2011).
13.44.030 Consumption less than 2,000 cubic feet per month per unit.
For sewer service to commercial premises where water consumption in the six winter months (November through April) averages less than 2,000 cubic feet per month per unit:
|
|
Rate Effective |
|
Nonresidential Fixed Charge |
$91.61 |
|
Plus Rate Per 100 Cubic Feet of Consumption |
$1.14 |
(Ord. 2024-06 § 1, 2024; Ord. 2019-10 § 1, 2019; Ord. 2018-11 § 1, 2018; Ord. 2017-12 § 1, 2017; Ord. 2014-11, 2014; Ord. 2013-24, 2013; Ord. 2011-18, 2011).
13.44.040 Consumption of 2,000 cubic feet or more per month per unit.
For sewer service to commercial premises where water consumption in the six winter months (November through April) averages 2,000 cubic feet or more per month per unit, the rate of charge shall be as determined by taking the average water consumption for the previous six winter months to establish the rate of charge for the following 12 months and using the rate listed below. This shall only be applied where water consumption can be measured and this consumption is a reasonable means of determining sewer use.
|
|
Rate Effective |
|
Base Rate |
$91.61 |
|
Plus Rate Per 100 Cubic Feet of Consumption |
$4.06 |
(Ord. 2024-06 § 1, 2024; Ord. 2019-10 § 1, 2019; Ord. 2018-11 § 1, 2018; Ord. 2017-12 § 1, 2017; Ord. 2014-11, 2014; Ord. 2013-24, 2013; Ord. 2011-18, 2011).
13.44.045 Determination of consumption by other methods.
For sewer service to premises where water consumption cannot be measured, or where the measure of water consumption will not provide a reasonable measure of sewer use, then the director of public works shall make a determination of use based upon EPA 625/1-77-009 Process Design Manual or other reasonably accurate methods. If no reasonably accurate method can be determined and if the use is estimated to be more than 15,000 gallons per day (2,005 cubic feet per day), metering of sewage may be required as determined by the director of public works. The following methods of determining sewer use shall be utilized for the following classes of users:
A. Processing Plants Where Separate Waste Treatment Is Being Provided. Charges for sewer service shall be determined by multiplying the average number of workers employed in the preceding year times the base rate listed below to determine the monthly charge.
|
|
Rate Effective |
|
Base Rate Per Employee |
$12.43 |
(Ord. 2024-06 § 1, 2024; Ord. 2019-10 § 1, 2019; Ord. 2018-11 § 1, 2018; Ord. 2017-12 § 1, 2017; Ord. 2014-11, 2014; Ord. 2013-24, 2013; Ord. 2011-18, 2011).
13.44.050 Monthly charges – When due – Penalties.
All of the charges for sewer service shall be due and payable at the finance department on or before the first day of each month, for the previous month. If fees or charges for sewer only accounts 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. Delinquent fees shall be established by resolution of the city council, as amended from time to time. Sewer 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. 2010-2, 2010; Ord. 91-4 § 1, 1991; Ord. 88-2 § 1, 1988; Ord. A-390 § 4, 1952).
13.44.055 Delinquent payments – When shut off – Charges.
A. The city provides sewer service to some locations that do not use the city’s water service because they have their own domestic water supply. In case of nonpayment of fees and charges for sewer service by any of said users within seven days after the date such fees and charges become delinquent, and after the city has complied with notice requirements hereinafter set forth, the sewer service shall be shut off and a shut-off charge shall be added to cover administrative and clerical-related expenses. Shut-off charges shall be established by resolution of the city council, as amended from time to time. In addition to said charges, the customer shall reimburse the city for its actual expenditures for wages and benefits paid to public works personnel for the required labor to implement the shut-off, plus hourly equipment costs, plus materials, in such amounts as shall be determined by the public works director at the time to have been actually spent or incurred by the city. The sewer service shall remain shut off until the account is paid in full. The city will apply the monies received in payment in the following order:
1. Delinquent utility taxes;
2. Delinquent utility charges;
3. Current utility taxes;
4. Current utility charges;
5. The shut-off charge for administrative fees and clerical-related expenses;
6. Reimbursement of the city’s expenditures as above set forth.
B. Before shutting off the service the city must give at least 30 days’ written notice to the property owner. Said notice must specify the delinquent charges and all other monies that must be paid before the service will be reinstated, and the date on which the sewer will be shut off if all of the amounts due have not been fully paid on or before the date and time stated in the notice. Said notice shall also set forth in detail a good-faith estimate of the total public works costs to be reimbursed if the service must be shut off for nonpayment of the charges itemized in subsections (A)(1) through (5) of this section. (Ord. 2017-01 § 1, 2017; Ord. 2014-4, 2014).
13.44.060 Lien against property when.
All charges provided for in this chapter, together with interest thereon, and all costs and fees of collecting or foreclosing the same, shall be a lien upon the property with which the connection for such service is made, or such service is rendered. Such liens shall be enforced and foreclosed in the manner provided by law. (Ord. A-390 § 5, 1952).
13.44.070 Disposition of collected charges.
All charges collected by the city clerk-treasurer shall be paid by the clerk-treasurer into the existing water fund of the city. The city clerk-treasurer shall pay such sums from the water revenue fund into any water and/or sewer revenue fund heretofore or hereafter created by ordinance of the city, as required by said ordinance. (Ord. A-390 § 6, 1952).
13.44.080 Responsibility for sewer service charges.
A. The owner of the property being served shall be responsible for the payment of the charges for sewer service to such property, including delinquent fees and administrative, clerical and other employee or employee-related expenses as may be required by TMC 13.44.050.
B. All accounts for sewer 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 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.
D. Discontinuance of sewer service for any cause shall not release the owner from the obligation for payment of unpaid charges, including delinquent fees.
E. 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. 2011-13 § 1, 2011; Ord. B-297 § 2, 1984).
13.44.090 Surcharge for outside users.
An additional charge of 25 percent shall be made for all sewer services provided outside of the city limits. (Ord. 95-24 § 1, 1995).
13.44.100 Rate adjustments for enrolled members of federally recognized American Indian tribes.
A. The Indian Health Service, an agency of the U.S. Department of Health and Human Services, has agreed to contribute $4,900 per eligible person up to a total maximum contribution of $500,000 towards the costs of the upgrades to the city wastewater treatment facility (WWTF) that were mandated by the U.S. Environmental Protection Agency, for which the City borrowed up to $11,644,444. In consideration for the IHS contribution, there shall be an allocation of that amount to be credited in equal portions thereof to the accounts of the individual residential property owners who are enrolled members of federally recognized American Indian tribes, prorated monthly over a 20-year period. Only individuals verified by the Indian Health Service and/or the Yakama Nation to be members of federally recognized American Indian tribes who are homeowners, who occupy the residence, who are the responsible parties on the sewer utility accounts for those homes, and have had a financial contribution made on their behalf by the Indian Health Service under terms of IHS Project PO-10-L15 shall be eligible for the above described monthly credits. No person shall be eligible except those persons who have been identified by name, address and utility account number on file with the city clerk/finance director. There shall be no adjustments to the amount contributed by IHS on account of the death or relocation outside the service area of any of the persons on that list. If any of said persons shall relocate to a different address within the city’s sewer service area, owned by that person, the monthly credit shall be transferred to a new account at the new address. If any of said persons shall relocate to a different address outside the city’s sewer service area, the monthly credit shall be immediately discontinued, the monthly credit for that person’s account shall not be assignable or transferable, and the city shall have no liability for any reimbursement to IHS for any portion of the IHS contribution attributable to that person. The monthly credit to a utility account is not transferable by any eligible individual to another person without prior verification and approval of eligibility of the transferee by the Yakama Nation and the IHS.
B. The IHS contribution is for WWTF construction costs only. Those persons who will be credited on their monthly billing statement as above set forth shall continue to pay all regularly billed amounts for maintenance and operation of the WWTF system, including any increases in rates that are attributable to those maintenance and operation costs. Their user fees shall be the same as those assessed to other residential property users of the city’s sewer services. (Ord. 2010-7, 2010).
13.44.110 Overpayment or underpayment of bill – Three-year limitation.
The city finance director is authorized to credit accounts for any amounts paid for sewer 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 shall notify the city of the error, or more than three years prior to the discovery of the error by the city. (Ord. 2013-3, 2013).