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ORD 74-16 CITY WATER AND SANITARY SEWER SYSTEMORDINANCE 74-16 AN ORDINANCE OF THE CITY OF WINSLOW GOVERNING USE OF THE CITY WATER AND SANITARY SEWER SYSTEM, ESTABLISHING HOOKUP CHARGES FOR SERVICE AND SYSTEM PARTICIPATION, SCHEDULES FOR MONTHLY USER RATES, DISCHARGE FEES AND DELAYED BENEFITS, REQUIRING SEWER SERVICE CONNECTIONS, WATER SERVICE METERING AND INSPECTIONS AND PROHIBITING DISCHARGE ON UP- LANDS OR INTO TIDAL WATERS UNDER CITY JURISDICTION AND DEFINING UNLAWFUL ACTIONS, RESPONSIBILITIES, RESTRICTIONS, PROVIDING FOR ENFORCEMENT THEREOF AND REPEALING ORDINANCES NOS. 16, 29, 101, 72-5 AND 73-7. THE CITY COUNCIL OF THE CITY OF WINSLOW, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION A. DEFINITIONS. 1. "CITY ENGINEER" - The City Engineer shall be deemed to mean the duly appointed City Engineer of the City, his employee or authorized deputy. 2. "EPA" means the Federal Environmental Protection Agency. 3. "FWPCA" means the Federal Water Pollution Control Act (33 U.S.C. 1163). 4. "INDUSTRIAL USER" - An industrial user as defined in this Ordinance is in accordance with the definitions which appear within the user charge regulations published in the Federal Register on May 22, 1973. 5. "MAJOR INDUSTRIAL USER" - A major industrial user is an individual or a combination of industrial users that contribute 10% or more per average work day, of the total waste load to the City Sanitary Sewage Disposal System as measured in waste volume or strength. 6. "PERSON" - shall mean any individual or firm, company, association, society, corporation, or group. SECTION B. WATER. 1. Connection Procedures. Whenever the Owner or occupant of any premises connected with the City's water supply system desires to use water, he shall notify the City and request that water be turned on at the premises. On each new service where no previous credit has been established, the Owner shall deposit $15.00 with the City prior to turning on the water. If during the period of one year the particular account does not become delinquent in any way, the City shall, upon request, refund the deposit. Whenever the Owner of any premises within the boundary of the City of Winslow, desires water service, he shall apply to the City for a service connection to a water main. The application shall be accompanied by a fee of $25.00. Upon completion of the service connection and prior to turn- ing on the water, the Owner of the premises shall pay the cost of making the service connection, plus 25% for the City's Engineering, cost of inspection and overhead, less the fee paid with the application. If the premises abuts an existing water main, the City of Winslow will make the service connection at a location mutually agreed by the Owner and the City Engineer. The service connection shall include the connection to the main, a stop valve, service pipe, and a meter yoke. The meter yoke will be in a meter box located generally near the edge of the public right of way, close to the connection to the water main. The service connection fittings will be within the control and maintenance responsibility of the City of Winslow. The Owner shall provide the continuation of the service pipe from the meter yoke to the premises, which shall be in his control and maintenance responsibility. If the premises does not abut an existing water main, the Owner shall arrange a mutually acceptable service connection and service pipe route with the City Engineer and adjacent property owners for passage of his service pipe. If the City Engineer requires extension of an existing water main, the Owner shall contract with the City to make the extension. The Owner shall pay the actual cost of the extension plus 25% for the City's engineering, inspection, and overhead. The service connection shall be installed as described above, and its installation shall be separate from any water main extension contract. Every house under separate ownership supplied with City water must have its own separate service connection with the City main, and the pre- mises so supplied will not be allowed to supply water to any other premises, provided that such restriction shall not apply to services already installed except as herein provided, unless in the judgment of the City for the good of the service or to settle disputes, it is found necessary to enforce such provisions as to connections already made. 2. Water Rates. The monthly rates and charges for City water shall be as set forth in Table 1 of this Ordinance. 3. Water Meters Required. All connections to the City water system shall henceforth include a water meter of one of the types approved by the City Engineer. Furthermore, all commercial and business establishments, including schools and public build- ings, shall be required to be metered. Each and every building, place of business, duplex, mobile home or separate dwelling when connected to one meter must be provided with separate shut off valves in good working order, so that such unit may be shut off without disturbing service to the remaining units. Failure to provide such valve, or to shut off the water at such unit when unoccupied, would be considered to be sufficient reason to deny any adjustment in the water bill due to these causes. Every such separate service not already equipped with the shut off valve as herein provided must be so equipped at the owner's expense as soon as the defect is found to exist. In the event the accuracy of the reading of the water meter is questioned by any customer, it shall be removed at the cus- tomer's request and shall in his presence be tested by the City and a determination of its accuracy duly made. Both parties must accept the findings so made and if the test discloses an error against the customer of more than 3% in the meter's registry, the excess of the consumption on the 3 previous readings shall be credited to customer's meter account and the City will bear the entire cost of the test, and the deposit required by this section shall be returned. If, however, no such error is found, the customer who has requested the test shall pay the cost of such test and make up any deficiency in the deposit in those cases where the cost exceeds the deposit. The deposit in each event shall be in the amount of $10.00. No water meter shall be removed or in any way disturbed except by or in the presence of a representative of the City. All meters shall be and remain the property of the City and will not be removed unless the use of water on the premises is to be entirely stopped or the service connection discountinued or abandoned. In the event a meter goes out of order or fails to register properly, the customer shall be charged on an estimate of an average monthly consumption during the last 3 months when the same was in good order, or from what may be considered the most reliable data or method as determined by the City. 4. Application Form. Any person living within the City who desires to have premises connected with the water supply system of the City, shall make application therefore, upon a printed form to be furnished for that purpose, which application shall contain the name of the Owner, description of the lot, block or addition, and the official house number of the premises, if any, together with a size of service pipe, and shall be signed by the owner of the premises to be served, or his duly authorized agent and shall be filed with the City, and at the time of filing such application the applicant shall pay the fees for installation of water services as provided in this ordinance. The application shall contain a contract on the part of the person making the same, to pay for the water applied for at the rate and in the manner specified in such contract, and shall reserve to the City the right to charge and collect the rates and enforce the penalties provided in this ordinance, to temporarily discontinue service at any time without notice to the customer and to install a meter or meters to register the water consumed and shall specify that the contract is subject to all of the pro- visions of this chapter and any ordinance of the City relating to the subject, hereafter passed, and shall provide that the City shall not be held responsible for any damages by water or other causes resulting from defective plumbing or appliances on the premises, and the fact that the agents of the City or County that inspected the plumbing and appliances shall not be used as a basis of recovery in case of damage to premises, and shall pro- vide in case supply of water shall be interrupted or fail by reason of accident or other cause whatsoever, the City shall not be liable for damages for such interruption or failure, nor shall such failure or interruptions for any reasonable period of time constitute a breach of contract on the part of the City or in any way relief the consumer from performing the obligation of his contract. 5. Temporary and Emergency Shut Off. Whenever an emergency exists affecting the water supply in the City which emergency shall be declared by the Mayor or in his absence the Deputy Mayor, and it becomes necessary to curtail the use of water through regulation and control thereof a proclamation shall be issued declaring the emergency and setting forth the rules under which water shall be used. The proclamation shall be published in the official newspaper of the City and copies of the proclama- tion shall be mailed to each water customer. Such notices and regulations established thereby shall be subject to change and shall be in full force and effect throughout the emergency and shall continue until notice is published that the emergency has passed. Water service in an emergency of short duration may be tem- porarily discontinued, without notice to the customers, for the purpose of making repairs, extensions or any other necessary work, and the City shall not be held responsible for any damage resulting from interruption of service or the failure of the water supply, or failure to give water users notice thereof. whenever possible, and in cases where it has advance notice thereof, the City shall notify all customers to be affected by any interruption of service, in the official city newspaper or by a canvass of areas affected by employees of the City. The City reserves the right at any time, without notice, to shut off the water supply for repairs, extensions, non-payment of rates, or any other reason and the City shall not be responsible for any damage such as bursting boilers supplied by direct pres- sure or the breaking of any pipe of fixtures, stopages or the interruption of water supply or any other damage resulting from the shutting off of water. 6. Obstruction of Water Meters and Fire Hydrants. It shall be unlawful for any person to obstruct the access to any fire hydrant or water meter by placing around or thereon any stone, brick, lumber, dirt or other material or to park or stand vehicles or any obstruction within 15 feet of any fire hydrant, or draw or attempt to draw any water therefrom, or to willfully or carelessly injury the same. The responsibility of preventing obstruction or removing any such obstruction shall be that of the abutting property owner. 7. Use of Fire Hydrants. No persons, other than properly authorized employees of the City or Fire Department shall operate fire hydrants unless proper arrangements have been made with the City for payment for such water and permission has been granted by the City. It shall be unlawful for any person knowingly to use water for lawn or garden sprinkling and irrigation purposes on any premises receiving water from the City water system during the progress of a fire conflagration or other emergency within the City limits. SECTION C. SEWERS. 1. Connection Required. The owner of each lot or a parcel of real property within 100 feet of the sanitary sewage disposal system of the City as it now exists, or as it may be extended in the future, and upon which lot or parcel of real property there shall be situated any building or structure for human occupancy or for use for any other purpose which would necessitate sewer service, shall be required to be connected to said Sanitary Sewer Disposal System. Any owner of such lot or parcel of property located beyond 150 feet of the Sanitary Sewer Disposal System but which parcel is certified by the health officer of the City to create a health hazard shall be required to be connected to said Sanitary Sewage Disposal System. 2. Unlawful Water Discharge. It shall be unlawful for any person to discharge into the City Sanitary Sewage Disposal System water from such sources as, but not limited to, roof leaders, cellar, yard, and area drains, foundation drains, cooling water discharges, drains from springs and swampy areas, manhole covers, cross connections from storm sewers and combined sewers, catch basins, storm waters, surface run-off, street wash waters, or drainage, or swimming pool drains. 3. Effective Date - No Discharge. On or before April 1, 1975, no discharge of any sewage, except into the City Sanitary Sewage Disposal System or approved individual sanitary disposal system, whether said discharge is treated or untreated, shall be permitted within the City limits or into any tidal waters within the City or into any tidal waters over which the City has police jurisdiction. 4. Floating Vessels or Structures. Any vessel or other floating structure used for permanent residential or commercial purposes and moored within the City shall have its soil drains connected to discharge into the City Sanitary Sewage Disposal System. The Owner of the moorage facility or property to which said vessel or floating structure is moored shall provide the proper connection to said system. Alternatively, vessels used for permanent residential and commercial purposes and moored within the City limits may be equipped with a marine sanitation device which meets the no discharge requirement developed by the EPA and U.S. Coast Guard in accordance with the provisions of the FWPCA. 5. Shoreside Facilities. All property owners providing temporary or permanent boat moorage shall provide onshore toilet facilities in sufficient number to serve the facility. The toilet facilities shall be approved by the City Engineer with respect to number, arrangement, and conformance with the building, plumbing, electrical codes and with this Ordinance. 6. Salt Water Discharge. It shall be unlawful for any person to cause salt water to be discharged or deposited into the City Sanitary Sewage Disposal System. 7. Side Sewer Responsibility. That portion of any side sewer pipe lying within the street right-of-way or easement shall be maintained by and kept within the exclusive control of the City. That portion lying beyond said right-of-way or easement shall be the responsibility of the abutting property owner. 8. Major Industrial Users: (a) All major contributing industrial users shall be required to enter into an agreement with the City of Winslow to provide for the payment of the proportionate share of the Federal share of the capital costs of the sewage project allocable to the treatment of such industrial waste. (b) All industrial users of the treatment works shall be required to pay to the City of Winslow that portion of the Federal grant attributable to the cost of transportation and treatment of industrial wastes. (c) The recovery of the proportionate share of costs as required by the terms of this ordinance shall be determined by agreement between the City and the parties involved which share shall be based upon all factors which significantly influence the cost of the treatment works and shall be repaid, without interest in at least annual payments during the recovery period not to exceed the service life of the project or 30 years. In the event the City and the users cannot agree as to the proportionate share to be repaid to the City, said proportionate share shall be determined by arbitration and the arbitrator shall be appointed by the presiding judge of the Kitsap County Superior Court. (d) All major contributing users discharging into the treatment works shall be required to comply within three years with the pre-treatment standards established by the Environmental Protection Agency. In accordance with the pre-treatment require- ments, major industries are defined as those industries that (1) have a wastewater flow of 50,000 gallons, or more, per average work day; (2) have a wastewater flow greater than 1% of the flow carried by the municipal system receiving the waste; or (3) include the discharge of a toxic material. 12. The monthly rates and charges for sanitary sewage disposal system shall be as set forth in Table 1 of this Ordinance. SECTION D. REGULATIONS AND PENALTIES APPLICABLE TO BOTH SEWER AND WATER SERVICE. 1. Inspection. Authorized employees of the City, properly identified, shall have free access at proper hours of the day, to all parts of the premises or buildings thereon to which water or sewer service is supplied by use of City facilities for purposes of inspection. In the event the Owner or occupant of any premises refuses to permit said inspection, the City may discontinue water or sewer service and/or may apply to the municipal court of the City or the Superior Court of Kitsap County for a court order directing the Owner or occupant to permit said inspection. 2. Delayed Benefit Charges. Whenever a water or sewer line is extended through an undeveloped area to provide service to a newly developed area, the developer shall pay the costs of the extension, and each owner of property abutting such extension shall be subject to a delayed benefit charge when he applies for a connection to the extension. Such delayed benefit charge shall be the pro rata share by front footage of the property, based on the actual costs of construction including engineering and legal costs plus 25% for accounting and overhead. Payment of such delayed benefit charges shall exempt the property for which payment is made from any subsequent local improvement district assessments for water or sanitary sewer facilities for the service previously provided. Delayed benefit charges, connection charges, and late connection charges, may be paid at the time of 10 application, or in monthly installments over a period not to exceed 10 years from the date of connection with interest at 8% per annum on the unpaid balance. Unpaid balances shall be a lien upon the property to which connection is made, superior to all other liens and encumbrances except those for general taxes and special assessments. Said liens may be foreclosed in the same manner provided by law for the foreclosure of delinquent local improvement district assessment liens. The agreement shall be recorded in the office of the Kitsap County Auditor at the expense of the property owner and upon payment in full, a release of the said lien shall be executed by the City. The City may enter into delayed benefit agreements to partially repay developers for the costs of constructing "extended lines". Such agreements shall be approved by the City Council and provide in part for the following: (a) Plans and specifications for proposed extensions shall be first approved in writing by the City Engineer. The specifications shall include bonding and insurance for the builder to hold the City harmless; provide a guarantee on workmanship and materials for a period of one year from the date of acceptance by the City. (b) The developer shall secure all necessary easements or rights of way at no cost to the City. Such instruments shall be to the benefit of the City and shall include con- tinuing rights for operation, maintenance and replacement. Title to the completed improvement shall be in the City. (c) The amount of any reimbursement shall be based upon the allocation to the benefited property as determined by the City Engineer and shall include all engineering and legal costs which shall be included in the cost of con- struction. 11 3. Payment for Sewer and Water Usage. All charges for sewer or water service shall be due and payable on the 1st day of each calendar month succeeding the month in which such service is furnished, and shall become delinquent on the 20th day of said month. All charges for water and sewer service for each lot or parcel of property shall be paid at the same time. Delinquent bills shall be penalized at the rate of 10% of total bill for each month delinquent. 4. Sewer and Water Connections. All sewer and water service connections shall be made by authorized employees and/or agents of the City of Winslow, the charge for such connection to be comprised of the cost of labor, materials, plus 25% for engineering and administrative expenses. All excavating, pipe laying, backfilling and replacement of roadway or sidewalks will be done by city personnel or, except for the actual connection to the City water or sewer system, by licensed plumbers or con- tractors upon permits issued by the City Engineer. In the event any such work is accomplished by other than City personnel, such work must be periodically inspected and approved by the City before backfilling the trench. The inspection fee therefore shall be $25.00. In those instances where in the judgment of the City Engineer a back flow protection device is required in order to comply with the State Board of Health Regulations, the City may require said device to be installed and the cost thereof to be paid by the customer. The property owner may, at his option, construct his part of the side sewer on his property, but inspection and approval by the City Engineer must be obtained before backfilling or use. 5. Enforcement of Sewer and Water Liens. All charges for sanitary sewage disposal service and for connections thereto, together with penalties and interest thereon as provided in this 12 Ordinance or otherwise by statute, shall be a lien upon the property upon which such connection is made for sewage and dis- posal furnished, superior to all other liens or encumbrances except those for general taxes, special assessments, and City water service. Enforcement of such lien or liens shall be in the manner provided by law for the enforcement of the same. In the event that any such bill for sewage disposal service and charges for connections is not timely paid, the City may shut off the water furnished the premises to which said service was rendered or connections made without further notice. All charges for water service shall be a lien upon the premises and enforceable by shutting off the water service pur- suant to RCW 35.21.300. When water service is shut off pursuant to this Ordinance, said water shall not be turned on again until said bill, together with all penalties due thereon is paid together with a shut off and turn on charge of $10.00. 6. Penalties and Miscellaneous Provisions. It shall be unlawful for any person, unless duly authorized, to disturb, interfere with, or damage any water main, or sewer pipe, machinery, tools, meters or other appliances, buildings, improvements, or other appurtenances belonging to, connected with, or under the control of the City water and/or sanitary sewage disposal system. It shall be the duty of the employees of the police, fire and other departments of the City to aid in the enforcement of provisions of this ordinance and they shall report all violations thereof which come to their knowledge. The City Engineer shall have authority to decide on behalf of the City any questions that may arise, through the necessity of interpretation of this ordinance, and his decision in each case shall be final, subject to the right of the person aggrieved thereby to appeal such decision to the City Council by giving 13 written notice of such appeal within ten (10) days from the date such person is notified of such decision. Any violation of the provisions of this Ordinance shall be deemed a misdemeanor punishable by a fine of not more than $500.00 or six months imprisonment in jail, or both such fine and imprisonment. Each day a violation continues after notice to cease has been given to the Property owner shall be deemed a separate violation of this ordinance. In the event any provision or paragraph of this ordinance is declared invalid, such declaration shall have no force and effect on any other provision hereof and all other provisions shall remain in full force and effect. This Ordinance shall become effective August 1, 1974. Ordinance Nos. 16, 29, 101, 72-5 and 73-7 are hereby repealed. PASSED BY THE CITY COUNCIL OF THE CITY OF WINSLOW this / day of July, 1974. ATTEST: . ':' ' Mayor APPROVED AS TO FORM: / , ,~ ~ ,., .. "Robert W. McKisson Of Beresford, Booth, Lehne & McKisson City Attorneys 14 TABLE I / / WATER AND SEWER MONTHLY RATE SCHED~E WATER & SEWER BILLING CHARGE USE CHARGE WATER AND SEWER (Water meter inoperative) BILLING CHARGE / / USE CHARGE ,," $6.00 each water meter $1.00 per 100 cu. ft $6.00 $6.00 per each dwelling unit. SEWER ONLY WATER ONLY /" / / ILLING CHARGE / / USE CHARGE / / $7.50 per unit, wher, a unit is one dwelling, business, office, retail store, garage, church, etc. $3.00 per each meter $0.50 per 100 cu. ft THE E RATES SHALL APPLY TO ALL USERS EXCEPT BAINBRIDGE ISLAND SCHOOL D TRICT, AND HOSPITAL AND CONVALESCENT CENTERS, WHOSE RATES SHALL ~TABLISHED BY SEPARATE ORDINANCES. / WATER AND SEWER RATES 3rd CATEGORY LAUNDRY PLANT AND SELF SERVICE LAUNDRY JANUARY 20, 1975 At a regular meeting of the City Council of the City of Winslow, Washington, the City Council adjusted the water and sewer rates for laundry plants and self service laundry as follows: 75¢ per 100 cubic feet of water consumed, or any part thereof, to be charged as follows: Water Sewer 37~¢ per 100 cubic feet 37~¢ per 100 cubic feet Approved by the City Council of the City of Winslow this 20th day of January, 1975. ATTEST: MAYOR CLERK/TREASURER TABLE I WATER AND SEWER MONTHLY RATE SCHEDULE ADOPTED AT COUNCIL MEETING SEPTEMBER 3, 1974 REPEALING TABLE I, ORDINANCE 74-16 1st Category Single family residences, single unit commercial places of business, churches and other single buildings. Water Sewer $3.00 ~ unit $7.00 ~ unit $ .50 ~ ]00 cu. ft. or part thereof 2nd Category Multiple dwellings such as apartment houses, trailer courts and multiple commercial establishments. (a unit is 1 apt., 1 trailer or 1 place of business) Water Sewer $2.50 ~ unit $5.00 ~ unit $ .50 ~ ]00 cu. ft. or part thereof 3rd Category Laundry plant and self service laundry. Water $3.00 ~ unit $ .50 ~ 100 cu. ft. or part thereof Sewer $6.00 $ .50 ~ 100 cu. ft. of water used or part thereof. These rates shall apply to all users except Bainbridge Island School District, and Hospital and Convalescent Centers, whose rates shall be established by separate ordinances. All agree- ments now in effect will be renegotiated. These rates shall become effective for October consumption, which will be billed November 1, 1974.