Chapter 13.04 WATER SYSTEM

For statutory provisions authorizing cities and towns to establish and regulate sewage and water facilities, see RCW 35.21.210. For statutory provisions authorizing towns to establish a water system, see RCW 35.27.370.

13.04.010 Definitions.

The following words or phrases or abbreviations shall have the meaning set forth herein. All other words, phrases, pronouns or abbreviations shall have their customary meanings.

(1) “Agreement” means all written agreements for service installation, meters and special services made with the owner or his authorized agent except as otherwise provided herein.

(2) “CCF” means 100 cubic feet (approximately 748 gallons).

(3) “City” means the city of Westport, Washington.

(4) “Commercial services” means water services businesses engaged in the manufacture and/or sale of a commodity or commodities, or the rendering of a service, hotels, motels, RV parks, and hospitals/clinics.

(5) Condominiums. For the purpose of this chapter:

(A) “Condominium dwelling unit” means a unit, established under the Horizontal Regimes Act of the state of Washington, owned separately from any other unit within the same building, if any, and where the lot on which the building is located is owned in common by all dwelling unit owners, and greater than 450 total square feet.

(B) “Condominium nondwelling unit” means a unit, established under the Horizontal Regimes Act of the state of Washington, owned separately from any other unit within the same building, if any, and where the lot on which the building is located is owned in common by all nondwelling unit owners, and equal to or less than 450 total square feet.

(C) For multi-unit condominium developments served by a single meter, regardless of whether all units are contained in a single structure or multiple structures, the public works director shall determine a single classification for billing purposes. The director shall determine the appropriate classification based on one of the following methods:

(i) If 90 percent of the individual units are above the square footage explained above, then the development shall be classified as a condominium dwelling for billing purposes. If 90 percent of the individual units are below the square footage explained above, then the development shall be classified as a condominium nondwelling for billing purposes.

(ii) In any circumstance where the director feels the above method is not the best method for determining the classification, the director may take an average square footage of all of the units and apply that to the thresholds above. This is not intended to allow the classification of large units that are equivalent to a single-family residence as nondwelling units by averaging them in with one or more very small units to bring the average below the threshold. Large units that are equivalent to a single-family residence in usage should be required, where reasonably practicable, to be metered separately from smaller units.

(6) “Council” means the city council of the city.

(7) “County” means Grays Harbor County.

(8) “Cross-connection” means any connection between any part of the water system used or intended to supply water for drinking purposes and any source or system containing water or substance that is not or cannot be approved as safe, wholesome and potable for human consumption.

(9) “Customer” means all persons obtaining water service from the department.

(10) “Department” means the water department, city of Westport, Washington.

(11) “Director” means the director of public works, city of Westport, or his designated representative.

(12) “Industrial service” means a water service to a business or enterprise engaged in the manufacture of products, materials, equipment, machinery and supplies on a substantial or major scale.

(13) “Main” means a waterline designed or used to serve more than one premises.

(14) “Multifamily dwelling” means:

(A) A building designed and/or used to house two or more families living independently of each other in separate living quarters that share common walls, floors and/or ceilings and including all necessary household functions of each such family;

(B) It also means two or more detached buildings, each containing one or more dwelling units on a lot, where the occupants are renters or one unit may be occupied by the lot owner.

(15) “Multiple dwelling units” means duplexes, apartment buildings, condominiums, mobile home parks, trailer courts, etc.

(16) “Permanent mains” mean mains six inches or larger in diameter of cast iron, ductile iron, asbestos cement, or other material as approved by the director, or four-inch circulating (looped) mains not over 600 feet long and constructed of the above material and located in residential areas and not serving fire hydrants, or four-inch dead-end mains not over 600 feet long, of the above material servicing residential lots with not more than four single-family residences connected thereto and with the approval of the department.

(17) “Person” means natural persons of either sex, associations, copartnerships and corporations whether acting by themselves or by a servant, agent or employee; the singular number shall be held and construed to include the plural; and masculine pronoun to include the feminine.

(18) “Premises” means a private home, building, apartment house, condominium, trailer court, mobile home park, a group of adjacent buildings or property utilized under one ownership and under a single control with respect to use of water and responsibility for payment therefor.

(19) “Residential service” means a water service to a single-family dwelling unit or a water service for residential lawn sprinkling.

(20) “Service installations” means all piping and fittings from the main to and including the water meter assembly.

(21) “Single-family dwelling” means a building containing one dwelling unit on a lot, intended for occupancy by one family which may be either the lot owner or a renter. A single-family or one-family dwelling may be either a site-built, a modular, or a manufactured dwelling.

(22) “Special service – at expense of” means that the owner or applicant shall make a deposit with the city treasurer or make other satisfactory arrangements for the payment of the amount fixed by this chapter of the estimated cost plus 15 percent for overhead. In the latter case, the applicant shall be refunded any “under run” or billed any “over run” of the actual difference in the estimated cost, including overhead.

(23) “Superintendent” means the superintendent, water department, city of Westport, Washington.

(24) “System” means all water source and supply facilities, transmission pipelines, and storage facilities, pumping plants, distribution mains and appurtenances, vehicles and buildings.

(25) “Temporary mains” means mains of nondurable materials such as thin wall steel and all mains not approved as permanent mains (see subsection (14) of this section).

(26) “Treasurer” means the city clerk-treasurer, city of Westport, Washington. (Ord. 1438 § 1, 2008; Ord. 1432 § 1, 2008; Ord. 536 § 1, 1977)

13.04.020 Application for service.

(1) Each premises shall have a water service. All water services shall be metered.

(2) All applications for water service to any premises, or for the use of fire hydrants, shall be made at the office of the director or at such other place as the director may designate. Applications shall be filed by the owner or authorized agent on printed forms furnished by the department for that purpose. All applications for service shall show the name of the owner or agent, mailing address, legal description of the lot or tract, name of the street upon which the property fronts together with the official house number assigned to the premises and applicable permits. The applicant shall present a valid building permit or evidence of approved plumbing installation and shall state the purpose for which the water is to be based, the number of living units within the premises to be supplied and shall designate all fixtures and outlets to be installed whereupon the size of the meter and service pipe shall be determined as provided elsewhere in this chapter. At the time of filing, the applicant shall pay all fees, deposits, water main connection charges or in-lieu-of-assessment charges required as provided in this chapter. The application, when approved by the city, shall constitute a contract whereby the applicant agrees as a condition for the use of water to conform to the rules and regulations of the department referred to in this chapter or as the same may be revised or amended by the city from time to time. Provisions for turn-on and turn-off shall be as provided for elsewhere in this chapter. (Ord. 536 § 2, 1977)

13.04.030 Water bills – When due.

(1) Statements of charges for water service charges shall become due and payable at the office of the city clerk-treasurer on the date of billing and shall become delinquent 20 days from the date of billing. The statement shall cover service charges for the period shown thereon, and shall be issued and forwarded by mail to the customer as soon as practical after said service period.

(2) Ten days after a water service charge becomes delinquent, the city clerk-treasurer will notify the customer that his water service charges are delinquent. If payment of the delinquent charges has not been received by the city clerk-treasurer within 10 days of the date of the delinquent notice, all city utility services to that premises shall be terminated and services shall not be restored until all delinquent charges and penalties are paid or satisfactory arrangement and agreement for payment of delinquent charges and penalties has been made.

(3) In addition to all other costs and fees owing, there shall be a $10.00 delinquent fee to be billed every month for accounts that carry a delinquent balance which is over 30 days from the date billed for services, as well as a $10.00 fee for service calls each time a city representative is required to go to the residence for billing purposes, and a $20.00 fee for turning the water back on when it has been turned off for delinquency during normal working hours (7:00 a.m. through 4:00 p.m.).

(4) The clerk’s office shall have the ability to credit an account of the $10.00 delinquent fee at their discretion up to two such credits in any five-year period. (Ord. 1351, 2005; Ord. 1234 § 3, 2001; Ord. 1197, 1999; Ord. 536 § 3, 1977)

13.04.035 Relief for excessive use.

(1) The city water department supervisor may provide a credit for excessive water use requested by water user rate payers using the following procedure:

(A) Each request by a city of Westport water system rate payer for relief of payment of a water bill for excessive water use shall be filed with the city of Westport in writing.

(B) The water department supervisor shall review each request for relief and shall determine the cause of the excessive use of water, and shall determine the difference between the normal rate and costs of production rate, and shall determine whether or not the excess water use was avoidable or not.

(C) In the event the water department supervisor determines the excess use was unavoidable, and based upon one of the circumstances listed in this section, the supervisor shall authorize the reduction of the excess water use over and above the normal usage based on the last three billings prior to the discovery of the excess usage by a sum of 35 percent.

(D) If the rate payer disagrees with the determination of the water department supervisor, they may appeal that decision to the city council. Such appeal shall be made by submitting a letter within 14 days of the date of the supervisor’s decision. The decision of the council shall be considered final.

(2) The city water department supervisor may only authorize relief for the following reasons, up to once per year for each reason. The supervisor has no authority to grant relief for any other reason:

(A) Proof of water theft.

(B) Leaking toilet.

(D) Damage to plumbing system due to the actions of a second party.

(E) Broken water lines.

(3) The city water department supervisor may require the rate payer to make repairs or modifications to the rate payer’s water system a condition of considering future relief requests. Future requests for the same reason may be denied solely on the failure of the rate payer to complete required repairs or modifications. (Ord. 1516 § 1, 2012)

13.04.040 Temporary mains – Main extensions.

(1) No temporary main shall be permitted to be installed as part of the city’s water system.

(2) Areas which do not have an approved water distribution system installed shall generally install extensions to the water system through local improvement districts (LIDs). However, when this method is not feasible or desirable, one of the following methods will apply:

(A) Where all property affected is under one ownership, extensions may be made by that owner (to standards set by the director) with the approval of the city council. Upon completion of the construction, the city may accept the extension as a permanent water main and shall assume ownership of the entire system including all pipe, fittings, valves, hydrants and other appurtenances including all rights-of-way, easements, etc. All costs shall be paid by the property owner, and the property owner shall pay an extension fee to the city in an amount adequate to cover all city expenses incurred in the inspection, testing, administration, on engineering and any other applicable charges. The owner/developer shall furnish the director a complete set of reproducible “as built” drawings and a certified and notarized copy of all costs incurred.

(B) When nonparticipating property is included within the benefiting area, the property owner or developer may install a permanent water main extension (to standards set by the director) with the approval of the city council. Upon the completion of construction, the city may accept the water main extension as a permanent water main and shall assume ownership of the water main complete with all pipe, fittings, valves, hydrants and other appurtenances thereto, including all rights-of-way, easements, etc. All costs shall be paid by the property owner or developer requesting the extension, and the owner/developer shall pay an extension-connection fee to the city in an amount adequate to cover all the city expenses incurred in the inspection, testing, administration, engineering and any other applicable costs. The owner/developer shall furnish the director a complete set of reproducible “as-built” drawings and a certified and notarized copy of all costs incurred in the construction of the water main extension and a map showing the specific properties benefited by the construction and those properties classed as participating properties. The property owner may seek reimbursement of costs by nonparticipating properties through the establishment of a latecomer agreement in accordance with Chapter 13.18 WMC.

(C) For the purpose of this section, the size of the main extension shall be based upon an eight-inch diameter pipe. Should it be determined by the director that a main larger in diameter is required for future expansion, the city will reimburse the owner/developer for the direct cost of the pipe and fitting between the installed size and eight-inch pipe except where the larger size is required by the specific area benefited by the installation. (Ord. 1482 § 1, 2010; Ord. 536 § 4, 1977)

13.04.050 Nonstandard service – No permanent main in street.

(1) Prospective customers in areas where no permanent mains exist in the street right-of-way may make application for a nonstandard water service on forms provided by the city, and the applicant shall provide such pertinent data and information relating to the proposed installation as may be required.

(2) When approved by the city and after payment of all charges as herein provided and after obtaining all permits relative to construction work within street rights-of-way as required by the city, county or state, the water department shall install a water service, of appropriate size, at right angle to the nearest existing water main to the meter location at the right-of-way line of the street in which the permanent water line is located.

(3) The owner or agent of the premises to be supplied shall install and maintain the service pipe extension beneath and along the public street from the meter to the premises to be served, at the expense of the owner or agent. Should it be necessary to cross private property with subject service extension, it shall be the responsibility of the property owner or agent of the premises to be served to obtain such easements, right-of-way or whatever at no cost to the city.

(4) In case of emergency where the city performs services in the repair or control of any service pipe extension, the premises served thereby shall be liable for the cost thereof, and by the performance of such service, the city shall not be deemed to have accepted any liability or responsibility for or on account of the maintenance of such service pipe extension.

(5) When the installation of permanent mains in the street, which abuts the property being served by a nonstandard water service extension, has been completed by local improvement district or any other approved method, such nonstandard water service shall be terminated and a new standard service connection shall be made. (Ord. 589, 1979; Ord. 536 § 6, 1977)

13.04.060 Ownership of water system.

(1) The ownership of all water mains and appurtenances including service connections to and including the meter installation shall be vested solely in the city water department.

(2) Upon acceptance and connection of any new or existing water main to the city water system, such new or existing water main and appurtenances including service connections, meters, any easements and/or rights-of-way associated therewith shall become the property of the city water department. The person or persons responsible for the construction of such mains and/or systems shall furnish a deed of conveyance and provide such other information as required herein. (Ord. 536 § 7, 1977)

13.04.070 Exclusive franchise.

The city water department shall have the exclusive right to install, operate and maintain a water system within the city. No person or persons shall provide water service to any premises other than the single-family dwelling unit owned and occupied by him without the express written permission of the city council. (Ord. 536 § 8, 1977)

13.04.080 Service connection – Generally.

Each premises shall be provided by the owner with a separate water service connection to the city main as herein prescribed. Each water service connection shall require the payment of a water service connection charge in the amount established from time to time. (Ord. 536 § 9, 1977)

13.04.090 Service connection – Permanent main.

(1) Where the premises to be supplied with water abuts a street, alley or easement in which a permanent water distribution main is installed, the premises shall be connected with the main by a service pipe extending at right angles from the main to the meter.

(2) Meters shall be located within the public right-of-way or easement and within two feet of the property line of the premises served.

(3) In instances other than contained in subsection (2) of this section, the location of the meter shall be as approved by the director.

(4) All service connections shall have an approved shutoff valve installed within five feet of the meter box on the discharge side of the meter. Such shutoff valve shall have an approved valve box installed with cover to provide access to the shutoff valve. Installation of the shutoff valve is at the expense of the property owner. (Ord. 536 § 10, 1977)

13.04.100 Service connection – Special conditions.

(1) When two or more premises are being served by a single water service connection, the director shall have the right to require the installation of additional water service connection from the water main to the premises already served. All water services shall be metered and installed in the approved manner.

(2) Any premises shall not be permitted to furnish water to any other premises, except during an emergency and upon obtaining approval of the emergency connection from the director. Emergency connections shall not exceed 30 calendar days.

(3) When the intended use of the water service is changed or the structure served is altered, a new service application shall be filed to effect necessary upgrading of the service if required. Any new service requirements shall be at the expense of the customer as provided elsewhere in this chapter. (Ord. 536 § 11, 1977)

13.04.110 Water service connection charge.

(1) All water service connections shall be made by the water department.

(2) Fixed water service connection charges shall be as established by regulation by the director of public works of the city. Before the adoption of said rates and charges, the director of public works shall post the proposed charges in three public places including the Westport City Hall and 10 days prior to the next regularly scheduled city council meeting. That the director of public works upon such notice of rate change shall notify the public that if there is objection to the rates as set forth that they shall make their objections known at the next scheduled Westport city council meeting. Upon approval by the city council at scheduled council meeting the rate shall become effective immediately. These fixed charges, however, are not applicable on roadways where open cutting or conventional boring methods are not permitted or where special conditions exist, or where special approvals and permits are required. When such conditions prevail, the connection charge shall be based on the actual costs of the installation plus overhead charges.

(3) Service connection charges larger than two inches shall be computed by the director at the time of application.

(4) When service connection charges are computed by the director, the applicant shall deposit with the city clerk the estimated amount prior to installation. The director shall determine the actual cost upon completion. Any unexpended portion of the deposit shall be credited to the customer’s water account; any excess cost over the amount deposited shall be charged against the customer’s utility account.

(5) The meter size may be increased or decreased within the limits of the service piping upon payment of a charge consisting of labor, meter exchange and administrative charge in accordance with the following:

(A) The full cost of a new meter less the undepreciated cost of the old meter. For the purpose of this subsection, meter depreciation shall be calculated at 10 percent per year of service connection based upon the cost of a new meter of the replaced meter size;

(B) Cost of all new material used, labor and equipment expense;

(C) Administrative charge equal to 10 percent of the total charge for replacement. (Ord. 1359 § 1, 2005; Ord. 811, 1987; Ord. 536 § 12, 1977)

13.04.120 General facilities charge.

(1) In addition to any other connection charge, in lieu of assessment or other authorized connection charges and prior to connection of a service to the city water system, an applicant must pay a special general facilities charge (GFC). The GFC will be a fixed charge based upon the size of the installed meter. The director shall establish the GFC in accordance with procedures for establishing the water service connection charge, WMC 13.04.110(2).

(2) The GFC for single-family residential developments and multifamily residential developments where each unit is served by an individual service connection shall be the applicable fixed charge as determined above.

(3) The GFC for multifamily residential developments served by a single meter shall be equivalent to the number of units being served by an individual service installation multiplied by the fixed GFC for the five-eighths-inch meter as determined in subsection (1) of this section. For phased developments, a GFC will be calculated for each service installation and must be paid prior to connection of each phase.

(4) For the purpose of this section, multifamily residential developments include apartment buildings, condominium buildings, mobile/manufactured home parks, multifamily dwellings such as a townhouse/duplex/triplex/fourplex unit, or any other development similar in function to the above.

(5) The GFC for a nonresidential commercial or industrial development shall be calculated by the director based upon equivalent residential units (ERU). An ERU is a baseline number representing the average residential household water consumption. An ERU is 1,400 cubic feet of water per month, which is the normal water consumption for a single-family residence. The developer will provide an estimated monthly water consumption rate for the development. The director may, at his discretion, request this consumption rate to be verified by an engineer. The determination of the director will be considered final. The GFC will be the standard rate for a five-eighths-inch meter, as determined above, multiplied by the number of ERUs assigned. (Ord. 1431, 2008; Ord. 1359 § 2, 2005)

13.04.130 In lieu of assessments.

(1) Where all or a portion of the property to be served has not previously been assessed nor has previously contributed its share toward the cost of installing a permanent main to serve such property, water service will only be provided upon payment of the in-lieu-of-assessment charge; credit shall be given for all property which has been previously assessed or has contributed its share toward the cost of installing a permanent water main to serve such property.

(2) The in-lieu-of-assessment charge shall be determined by the director based upon the actual installation cost of the water main to which the connection is to be made. If such records are not available, it shall be based upon the average cost of all water mains installed during the year subject water main was installed. If cost data is not available for that year, the cost of the nearest subsequent year in which data is available will be used.

(3) The in-lieu-of-assessment charge shall be in addition and separate from any other applicable service connection charge.

(4) The in-lieu-of-assessment charge, when paid, shall be deposited in the water construction fund to be used for future improvements to the system, reimbursement of developer/owner installation costs or by special action of the council; it may be used for payment of bond indebtedness of the water system.

(5) The in-lieu-of-assessment charges provided for in this section shall be credited to and considered as a benefit to the specific property served. Said property shall be legally described and recorded by the director as part of the city’s permanent records pertaining thereto. (Ord. 536 § 14, 1977)

13.04.140 Connection charge – No permanent main.

(1) Whenever a temporary connection is authorized as provided previously, an in-lieu-of-assessment connection charge will be collected equal to that which would be collected for a permanent service connection to the main to which the temporary connection is made. Should a permanent main subsequently be installed in a public right-of-way abutting the property being served by a temporary connection, that property will be assessed at the full rate of assessment applicable for all other benefited property. However, credit will be allowed for all previous in-lieu-of-assessment paid.

(2) As a condition of continuance of water through a temporary service to any premises, the property owner of the premises so served shall not protest or actively seek to prevent formation of a LID or ULID to provide a permanent water main to the area in which the premises are located. Such actions will be considered as a request for termination of water service. (Ord. 536 § 15, 1977)

13.04.150 Location of service pipe.

(1) All water service piping leading from the water main to the meter and from the meter to the plumbing connection of the premises shall be laid not less than 24 inches below the surface of the ground.

(2) Water service piping installed across drainage or other open ditches shall be installed not less than 12 inches below the design invert elevation of the ditch. Where this is not possible and upon specific approval of the director, this distance may be decreased by the providing of adequate and separate casing and the placement of concrete marker posts.

(3) Water service pipes shall not be laid or maintained parallel with and within five feet of any sanitary sewer, electrical conduit, gas piping, fuel line, or communications cable, septic tank or drain field. Exception may be authorized by the director in specific cases where compliance with such restrictions is not possible. Under such conditions, the director shall determine the most appropriate method of installation to ensure protection of the water system.

(4) No service pipe installation, whether a new installation, extension or renewal within the premises, shall be covered prior to the inspection and approval of the director. (Ord. 536 § 16, 1977)

13.04.160 Customer’s shutoff valve.

(1) No water service shall be installed or maintained to any premises that does not include a shutoff valve of approved full-flow pattern with key or hand wheel between the meter and the premises served.

(2) Shutoff valves, when buried, shall be properly enclosed in a minimum four-inch-diameter pipe or box of concrete, plastic or cast iron with an approved cover, protected from freezing and readily accessible.

(3) No outlet shall be connected to the service extension between the meter and the customer’s shutoff valve.

(4) The customer’s shutoff valve must be located within five feet of the meter in the customer’s service pipe. The shutoff valve or any other customer-owned equipment shall not be located with the city-owned meter box. (Ord. 536 § 17, 1977)

13.04.170 Service connection – Nonstandard or inactive services.

(1) When an active service becomes delinquent and is subject to turn-off, the service shall remain off, or be turned off, until all delinquent charges plus applicable fees are paid in full.

(A) An active service becomes delinquent as established in WMC 13.04.030.

(B) Once an active residential service is deemed delinquent, additional charges shall accrue for the current billing cycle and one additional cycle for a total of six months’ accrual of charges. The service shall then be deemed inactive.

(C) Once an active commercial service is deemed delinquent, additional charges shall accrue for the current billing cycle and the next four billing cycles for a total of six months’ accrual of charges. The service shall then be deemed inactive.

(2) A service that has been inactive for less than five years is subject to a reactivation fee as established in WMC 13.04.380, in addition to all delinquent charges and late fees.

(A) Once the service has been inactivated, all charges, including the delinquent fee, shall cease.

(3) A service that has been inactive from date of turn-off for a period of five or more years shall be subject to disconnection and removal at the discretion of the director. Upon removal, service will only be restored upon completion of a water service application and payment of the installation fee that is in effect at the time the application for service is submitted to the city. (Ord. 1481, 2010; Ord. 536 § 18, 1977)

13.04.180 Service pipe and meter requirements.

(1) Service connections, meters and service pipe extensions between the water main and the plumbing of the premises shall be sized in accordance with the official plumbing code, or latest revision thereof, as adopted by the city.

(2) Service connection and extensions shall be constructed of materials as approved by the official plumbing code, or the latest revision thereof, whichever is the most restrictive. Final determination of material applicability will rest with the director. (Ord. 536 § 19, 1977)

13.04.190 Cross-connections.

(1) The permitting, regulation and elimination of cross-connections shall be in accordance with the City of Westport’s Cross Connection Control (CCC) Program dated November 29, 2007, as it currently exists or is hereinafter amended.

(2) The installation or maintenance of a cross-connection or possible cross-connection which would endanger the water quality of the potable water system of the city is prohibited. Any such cross-connection now existing is a nuisance and shall be abated immediately in accordance with the city of Westport’s CCC program.

(3) Services from the city’s water system to any premises upon which a private water supply system is used or operated contrary to the provisions of the city of Westport CCC program may be discontinued or refused.

(4) Furnishing of service shall be contingent upon the customer complying with the provisions of the city of Westport’s CCC program, including providing cross-connection control if required for the protection of the city water system from backflow. (Ord. 1429, 2008; Ord. 536 § 20, 1977)

13.04.200 Plumbing requirements.

(1) All plumbing, fixtures, or appliances to be supplied with water from the city mains shall be installed or shall meet all of the specifications and requirements of the official plumbing code or the latest revision thereof, as adopted by the city.

(2) Prior to the establishment of a physical connection between the city’s water system and any new or previously inactive plumbing systems, the following requirements are established:

(A) The entire plumbing system from the point of proposed connection shall be air tested as a single unit by pressurizing the system to not less than 50 pounds per square inch. There shall be no loss of pressure within 15 minutes after disconnection of the air supply from the system.

(B) The entire plumbing system from the point of proposed connection shall be flushed with clean, potable water and then filled with a chlorinated water solution of not less than 10 ppm chlorine; it shall be allowed to stand for a period of one hour. A sample shall then be obtained from each fixture outlet and chlorine residual tests made. If the chlorine residuals average five ppm or greater, the system will be flushed and approved; if any sample shows a residual of less than five ppm, the system will not be accepted for connection. (Ord. 536 § 21, 1977)

13.04.210 Electrical connections prohibited.

The establishment or the maintenance of any physical connection between any electrical system, communications system or any other possible source of electrical current and the water system, plumbing system or any pipes, or other appurtenances that are connected or may be connected to the city water system are prohibited. (Ord. 536 § 22, 1977)

13.04.220 Inspection – Access for.

(1) Authorized employees of the city, properly identified, shall have free access, at reasonable hours of the day, to all parts of a premises or within any building thereon to which water is supplied from the city water main for the purpose of checking conformance with these regulations.

(2) Whenever the owner of any premises supplied by the city water system restrains or otherwise prevents an authorized city employee from making such necessary inspections, water service may be refused or discontinued. (Ord. 536 § 23, 1977)

13.04.230 New installation – Turn-on order.

When a new water service connection is installed by the department for any premises, the department service shutoff valve shall be placed in the “off” position and shall remain in the “off” position until a “turn-on” is applied for and an order therefor is issued. A turn-on order shall be issued upon written request by the owner of the property, on forms provided by the city, after inspection and approval by the department and after the plumbing inspector has issued a certificate that all provisions of the applicable plumbing code have been complied with. (Ord. 536 § 24, 1977)

13.04.240 Existing service account – Turn-on.

(1) When it is desired to have the water turned on after it has been turned off for any reason other than “emergency” turn-off, the turn-on will be made upon written request by the property owner and issuance of a turn-on order. The department may require the conditions established for a new installation turn-on complied with prior to turn-on.

(2) Turn-ons, resulting from nonpayment “shutoffs,” shall only be made during normal business hours and upon payment of a turn-on fee of $7.50. Subject fee shall be paid prior to turn-on.

(3) All unpaid water service, sewer user charges and garbage service charges and all penalties shall be paid in full at the time of application, or satisfactory arrangement for payment thereof shall be made with the city clerk-treasurer before water service will be supplied to the premises. (Ord. 536 § 25, 1977)

13.04.250 Special or emergency service fee.

(1) Whenever a request is made of the department by a customer for an emergency turn-off, turn-on or temporary discontinuance of water to any premises, for whatever reason, which necessitates immediate action, the service requested shall be classified as “special service” and the following charges made therefor:

(A) Emergency turn-off or turn-on service outside regular working hours (7:00 a.m. through 4:00 p.m.) shall be $50.00.

(2) Whenever the department responds to a customer’s request outside regular working hours (noted above) for assistance to correct a deficiency in water service to a premises and it is determined that the deficiency is the result of improper operations or maintenance of the customer’s plumbing, a charge of $50.00 will be made to defray the cost of responding to the request.

(3) For the purpose of this subsection, only a single “call out” will be charged if the turn-off and turn-on is completed within two hours’ time.

(4) Fees charged under this section will be added to and shown separately on the monthly utility billing of the next monthly billing and will become due as provided for normal water service charges. (Ord. 1351, 2005; Ord. 992 § 1, 1995; Ord. 536 § 26, 1977)

13.04.260 Unauthorized turn-on or turn-off.

It is unlawful for any person or persons, except duly authorized employees of the water department, to turn on or turn off the water supply to any premises. (Ord. 536 § 27, 1977)

13.04.270 Water service for construction.

(1) Upon written application by a bona fide contractor or property owner, and payment of the applicable water service connection charge as established for a new service, the water department will install a “construction only” metered service as provided for a new service. The user service charge shall be as established for commercial users elsewhere in these regulations. Garbage requirements and/or sewer requirement shall not be applicable to this class of metered service.

(2) Upon completion of the requirement for a “construction only” service and upon notification by the original applicant, the construction service will be disconnected at the main and the service removed by the water department; all costs for removal will be billed to the original applicant.

(3) Upon submission of an application for a new service and payment of all charges, assessments, plant investment fees and other costs except the service connection charge paid per subsection (1) of this section, the “construction only” service connection may be converted to a normal new service connection of the applicable premises and classification, provided such action is taken prior to the service removal. (Ord. 536 § 28, 1977)

13.04.280 Liability disclaimer.

Neither the water department or the city or any of its employees shall be held responsible for any damage to private property as a result of the turn-on or turn-off of any water service to a premises, the failure of any portion of the plumbing system on the premises, the variations of system pressure or the loss of water service as a result of a system malfunction or alteration, except in case of gross negligence on the part of the water department. Where possible and when time permits, the water department will make a reasonable attempt to advise the customer of any water service interruption or discontinuance. (Ord. 536 § 29, 1977)

13.04.290 Cash deposit for metered water service.

The applicant for water service turn-on to a premises not occupied by the property owner shall be required to make a cash deposit to the city treasurer covering not less than two months’ estimated user charge. The minimum deposit shall not be less than $20.00, which deposit shall be held by the city treasurer until termination of service, and that portion remaining after all claims of the city against the premises have been paid shall be reimbursed to the original applicant. The acceptance of a cash deposit by the city shall not constitute a wavier of, or be a bar to the enforcement of, the city’s lien rights granted by existing laws of the state or any amendment or any law hereinafter enacted. (Ord. 536 § 30, 1977)

13.04.300 Discontinuance of service – Condemned buildings.

Whenever a premises supplied with water from the city’s system has been found, by the proper authorities, to be dangerous to human life and unfit for human habitation, and notice of such findings has been received by the department from said authorities, the director shall cause the water service to such premises to be turned off. Water service to such premises shall not be restored until the owner or agent has secured a release or clearance from the proper authorities. (Ord. 536 § 31, 1977)

13.04.310 Overloaded service or water meter.

Whenever it is determined either by actual measurement or by empirical calculations that flow through the water service or the meter exceeds 80 percent of the maximum flow rating of the connected service piping or the meter as established by the American Water Works Association, the department shall notify the owner of record of this fact. After evaluating the owner’s requirements, the director shall advise what size meter and service is required to give proper service without undue pressure loss or damage to the meter.

If the owner has not made application and/or completed required changes within 30 days after the date of the notice, then the director may cause the water service to the premises to be terminated. (Ord. 536 § 32, 1977)

13.04.320 Meter exchange.

(1) The meter size may be increased or decreased within the limits of the service piping as provided elsewhere in these regulations.

(2) The service connection and meter size may be increased in size upon receipt of a written application by the property owner or his agent and upon payment of the new service connection charge for the applicable sized meter, as established elsewhere in these regulations, less credit for the replaced meter plus any additional plant investment fee.

(3) For the purposes of this section, credit on meters replaced shall be equal to the depreciated value of the meter based upon depreciation at 10 percent per year of a new meter cost from the initial date of service turn-on not to exceed the value of the meter, or the cost of the replacement meter, whichever is the least. (Ord. 536 § 33, 1977)

13.04.330 Meter and service maintenance and repair.

(1) The city water department shall repair and maintain all domestic and commercial services and meters and shall replace meters and services periodically when necessary if rendered unserviceable by ordinary use.

(2) When replacement or repairs to any meter or service connection are made necessary by the wilful act, neglect or carelessness of the owner, or occupant of the premises served or by any other person or persons, all expenses of such replacement or repairs incurred by the department shall be borne by the owner or occupant of the premises served or the person or persons causing the damage. (Ord. 536 § 34, 1977)

13.04.340 Meter testing.

(1) When a customer makes a complaint that the water bill for any billing period has been excessive, the department shall have the meter reread and the water service checked for the existence of a possible leak on the customer’s side of the meter. The customer shall be notified of the results of this check.

(2) Should the customer desire the meter to be tested for accuracy of registration, he shall make a deposit with the city treasurer, as prescribed below. The customer shall have the privilege of being present at the time the meter is tested. In the event the test indicates an error of more than three percent of water consumed in favor of the city, the deposit shall be refunded to the customer; a correctly registering meter shall be installed and the customer’s account shall be credited with the excess consumption on the previous three readings. When the test discloses an error of three percent less, the amount deposited will be retained by the department to cover part of the cost of such test.

(3) Before making a test of any water meter, the person requesting such test, at the time of the request, shall make a deposit with the city treasurer in the amount charged for such test as follows:

Meter Size
5/8" and 3/4"	$15.00
1"	$20.00
1-1/2"	$25.00
2"	$35.00

Meters larger than two inches are tested by contract. Deposit to be determined at the time of request based upon contract change. (Ord. 536 § 35, 1977)

13.04.350 Water user rates.

(1) The following minimum monthly water rates are hereby established. For the next four years beginning April 16, 2018, the below rates will increase three percent each year on February 16th. Residential service with a connection of not larger than three-fourths inch shall have a monthly minimum of $17.55 and increase three percent each year beginning April 16, 2018. All commercial accounts, together with residential accounts with services of larger than three-fourths inch, shall be governed by the following minimum monthly rate schedule:

Size of Service Line	4/16/17 Base Rate
3/4" or less	17.55
1"	29.32
1-1/2"	58.45
2"	93.57
3"	187.12
4"	292.43
Multifamily per unit base charge	10.53

(2) Condominium dwelling units, as defined in WMC 13.04.010(5), shall be charged a monthly base rate equal to the rate for residential service with a connection of not larger than three-fourths inch. Condominium dwelling units shall also be subject to the provisions of subsection (4) of this section. In the case of buildings or complexes consisting of multiple condominium dwellings units served by a single meter, the account holder will be billed the base rate, multiplied by the number of units, and any charges for additional water usage.

(3) Condominium nondwelling units, as defined in WMC 13.04.010(5), shall be charged a monthly base rate equal to 30 percent of the rate for residential service with a connection of not larger than three-fourths inch. Condominium nondwelling units shall also be subject to the provisions of subsection (4) of this section. In the case of buildings or complexes consisting of multiple condominium non-dwelling units served by a single meter, the account holder will be billed the appropriate rate, multiplied by the number of units, and any charges for additional water usage.

(4) The minimum charge set forth above for residential and commercial service includes the first 500 cubic feet of water. The minimum charge set forth above for multifamily residential service includes the first 300 cubic feet of water per unit. The minimum charge set forth above for condominium nondwelling units includes the first 200 cubic feet of water per unit; in addition, the account holder shall pay the following additional amounts for water consumed. The amounts will increase the next four years by three percent beginning April 16, 2018:

Cubic Feet	4/16/17 Dollars/100 Cubic Feet
0 – 500 (Residential/Commercial)	Minimum
0 – 300 (Multifamily)	Minimum
301 – 500 (Multifamily)	1.45
0 – 200 (Condo Non-D)	Minimum
201 – 500 (Condo Non-D)	1.45
501 – 4,000 (All)	1.45
4,001 – 10,000 (All)	1.60
10,001 – 100,000 (All)	1.14
100,001 and Over (All)	1.04

(5) Charges for each separately metered service shall be computed and billed separately. Services located outside of the city limits shall be billed at 1.6 times the corresponding rate applicable to services within city limits, plus a $5.00/month service charge. (Ord. 1599, 2017; Ord. 1570, 2015; Ord. 1546, 2013; Ord. 1525, 2012; Ord. 1508, 2011; Ord. 1491, 2010; Ord. 1439 § 1, 2008; Ord. 1424 § 1, 2007; Ord. 1175 § 1, 1998; Ord. 917 § 1, 1993; Ord. 634, 1980; Ord. 536 § 36, 1977)

13.04.360 Fire hydrant usage charge.

Whenever a fire hydrant is to be used to supply water for any purpose other than firefighting purposes, the following regulations shall apply: a three-inch water meter and gate valve assembly shall be provided by the city for a base fee of $10.00. The user shall be billed for one “turn-on – turn-off” at $7.50 and shall be billed for water used at the commercial rate as provided in WMC 13.04.350. (Ord. 589, 1979; Ord. 536 § 37, 1977)

13.04.365 Commercial hose bib use.

When a customer has a need for water usage for a special event, construction work, or any other use approved by the mayor or designee in the proximity of the west end of the Marina District, they may request from the water department approval to use one or more of the commercial hose bibs located on parking lots No. 3 and No. 4. Requests for such use shall be made by submitting a commercial hose bib permit application for approval by the water department along with the applicable fees. Application for, use of, and fees shall be in accordance with the commercial hose bib use policy approved by the city council as it currently exists or is hereinafter modified. (Ord. 1574 § 1, 2015)

13.04.370 Billing.

Water service charges may be billed monthly, bimonthly, or quarterly at the option of the city treasurer and approved by the city council. (Ord. 536 § 38, 1977)

13.04.375 Property owner responsibility.

Property with city services, including, but not limited to, water, sewer and/or garbage, shall have those services registered in the name and be the responsibility of the party owning the property being served. (Ord. 1124, 1997)

13.04.380 Turn-off procedures.

When a customer requests to have the water turned off, he shall select one of two options: (1) be put on stand-by service. When the water is put on stand-by service, the user shall be billed at the regular rate for the entire billing period prior to the date of turn-off. After service has been turned off the property owner shall be billed a monthly charge equal to 60 percent of the normal minimum rate established for that service, for each full month the service is classified as a stand-by service; (2) be put on an inactive service. This shall be made in writing from the property owner. The meter will be padlocked or removed at the discretion of the public works director. When the water is put on the inactive service, the user shall be billed at the regular rate for the entire billing period prior to the date of turn-off. After service has been inactivated, the property owner shall not be billed during the time it is inactive. At the time the property owner requests to have the service reactivated, it shall be made in writing and a reactivation fee of $200.00 be paid and all charges associated therewith. (Ord. 992 § 3, 1995; Ord. 536 § 39, 1977)

13.04.390 Termination of service.

Repealed by Ord. 1481. (Ord. 527 § 6, 1977)

13.04.400 Fire service rates – Private.

Whenever a private fire service connection is established from the city water system to a privately owned premises, commercial building or any other structure, an annual fire service charge shall be made equal to $12.00 per inch of pipe diameter of the connected fire service pipe. (Ord. 536 § 40, 1977)

13.04.420 Nonsewage service.

A water service installed to provide water for special purposes, and connected and used in such a manner as to prevent any portion of the water so used to flow into the sanitary sewer system shall be classified as a “nonsewage” service. Any ordinances pertaining to sewer charges are not applicable therefor. (Ord. 536 § 42, 1977)

13.04.440 Emergency interruption of service.

In case of emergency whenever the public health, safety, or the equitable distribution of water demands, the director may change, reduce, or limit the time for, or temporarily discontinue the use of water. Water service may be temporarily interrupted for purpose of making repairs, extensions or doing other necessary work. Before so changing, reducing, limiting or interrupting the use of water, the department shall notify, in so far as practical, all water customers affected. The city shall not be responsible for any damage resulting from the interruption, change or failure of the water supply. (Ord. 536 § 44, 1977)

13.04.450 Wasting of water.

(1) It shall be illegal for any person or persons to waste water from the city water system by failure to repair promptly any leaks in the service line, plumbing system or plumbing fixture over which they exercise control or to use water in any manner which reasonably would be considered as not a beneficial use.

(2) It shall be unlawful for any person or persons to use or cause to be used any hose, washdown facility, yard hydrant, standpipe, or other nonrestricted water discharge device without first attaching an approved sprinkler unit or an automatic spring-loaded nozzle or valve thereon to prevent unrestricted and/or uncontrolled flow therefrom.

(3) The director of public works, with the approval of the mayor, shall have the authority to declare that a water emergency exists and to issue such directives and to implement such procedures, restrictions, rules and regulations as may be required to conserve and to curtail the use of water from the city water system for the duration of such emergency condition. The emergency condition shall become effective immediately upon publication in a newspaper of local distribution and/or upon posting in the city’s official places for the posting of public notices. The emergency condition established by the director of public works, with approval of the mayor, shall remain in effect until the next regular or emergency meeting of the city council. The city council, at that time, shall review the water emergency and shall have the power to extend the water emergency procedures, restrictions, rules and regulations, until the water emergency is abated.

(4) Any person, firm or corporation wilfully violating this section or the conditions of declared water emergency as provided for in subsection (3) of this section shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not less than $10.00 and not more than $300.00.

(5) The superintendent of public works, the building inspector, and the water superintendent shall have the power and the authority to issue citations to any person, firm, or corporation violating any portion of this section or the emergency regulations provided for in subsection (3) of this section. (Ord. 536 § 45, 1977)

13.04.460 Sewer line locations.

Water mains, parallel to a sewer, will normally be located above and separated by a distance of at least 10 feet horizontally; under unusual circumstances the horizontal distance may be adjusted by the director. Water mains crossing sewers should not be less than three feet above the sewer and cross at right angle to the line of the sewer. Where it is necessary for a sewer to cross within three feet or over the water main, the sewer shall be constructed of Class 22 cast iron or ductile iron with no joint located within eight feet of the water line or constructed of such other materials as may be approved by the department. (Ord. 536 § 46, 1977)

13.04.470 Water department not required to provide service.

The water department shall not be required to provide water service to any premises when it is determined that such service would be in violation to any provision of these regulations, insufficient water quantity is available, or inadequate pressure is available at the main (20 psi) or at the most distant plumbing outlet of the service. (Ord. 536 § 47, 1977)

13.04.480 Miscellaneous control devices.

The department reserves the right to require the customer to install as a condition of water service a pressure reducing valve, backflow prevention device, pressure relief valve or similar devices at any location where the director sees a need to protect the department facilities. (Ord. 536 § 48, 1977)

13.04.490 Prohibited acts.

(1) It is unlawful for any person to open, close, interfere with or to disturb, break, deface, damage or trespass upon any property belonging to or connected with the water system of the city in any manner whatsoever unless authorized by the director, except a member of the fire department while acting in such capacity.

(2) It is unlawful for any person to store, maintain, build or keep any goods, merchandise, material or rubbish within a distance of 10 feet or to interfere with the access or operation of any water meter, gate valve, fire hydrant or other appurtenance in use on any water service, connection, or water main.

(3) No person shall use any water for irrigation or sprinkling during the progress of any fire in the city and all irrigation and sprinkling shall be immediately stopped when an alarm of “fire” is sounded in any part of town, and shall not began again until the fire has been extinguished. (Ord. 536 § 49, 1977)

13.04.500 Protection of public health.

The director and/or a representative of public health may conduct periodic inspection of the water system, any service connection or any plumbing system connected therewith to determine any actual or potential violations of public health regulations or possible source of conditions that would have an adverse effect on public health and the safety of the public water system. (Ord. 536 § 50, 1977)

13.04.510 Rule adoption – Promulgation and compliance.

The director is responsible for the general operation, maintenance and control of the city water system, subject to the approval of the city council. He shall have power to adopt rules and regulations not inconsistent with the terms of these rules and regulations for the carrying out and enforcing the payment, collection and remittance of rates herein established, and rules and regulations affecting the operation of the water system as such relates to services, connections and the general requirements of the utility. A copy of such rules and regulations shall be on file and available for public examination at the office of the city clerk and the office of the director. Failure to comply with these rules and regulations or as they may be changed from time to time shall be deemed a violation of these rules and regulations. (Ord. 536 § 51, 1977)

13.04.520 Violation – Penalty.

Any person, firm, or corporation wilfully violating any of the provisions of these rules and regulations shall be guilty of a misdemeanor, and on conviction thereof shall be punished by a fine in any sum not less than $10.00 and not more than $300.00. (Ord. 536 § 53, 1977)