1897 - Ordinance - Amending Chapter 13.04 Water and Sewer SystemsCity of Port
PORT ORCHARD, Orchard WASHINGTON 98366
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held April 14, 2003.
ORDINANCE NO. 1897
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
PORT ORCHARD MUNICIPAL CODE 13.04 (ORDINANCE NO. 1896
AND 1799) TO AMEND REGULATIONS PROVIDING FOR THE
CONTROL, MANAGEMENT, MAINTENANCE AND USE OF PUBLIC
AND PRIVATE WATER AND SEWER SYSTEMS AND PROVIDING
RATES FOR CONNECTION AND USE OF SUCH SYSTEMS AND
ADDING A NEW SECTION TO ESTABLISH AN APPEAL PROCESS.
Copies of Ordinance No. 1897 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 1897 will be
provided at a nominal charge.
City of Port Orchard Yk&& Michelle Merlin0
Deputy Clerk
Publish: Port Orchard Independent
CITY HALL MUNICIPAL COURT
2 I 6 Prospect
Adrninislrarion (360) 876-4407
FAX (3601 895-9029
2 16 Prospect
(360) 876- I 70 I
FAX (3601 895-3071
POLICE DEPARTMENT PUBLIC WORKS IEPARThlENT 1
(3WI 876- I700 (360) 876-499 I I 546 Bay Streel 2 I 6 Prospect Street
FAX (360) 8765546 FAX (360) 876-4980
ORDINANCE NO. 1897
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING PORT ORCHARD MUNICIPAL CODE 13.04 (ORDINANCE
1896 AND 1799) TO AMEND REGULATIONS PROVIDING FOR THE
CONTROL, MANAGEMENT, MAINTENANCE AND USE OF PUBLIC AND
PRIVATE WATER AND SEWER SYSTEMS AND PROVIDING RATES
FOR CONNECTION AND USE OF SUCH SYSTEMS AND ADDING A
NEW SECTION TO A ESTABLISH AN APPEAL PROCESS.
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON DOES
ORDAIN AS FOLLOWS:
SCUQkL
SECTlON.
Effective Date. This ordinance shall be effective May 1, 2003.
Port Orchard Municipal Code 13.04.010 is amended to read as follows:
13.04.010 Bimonthly Water Rates.
bimonthly schedule. The water rates, as calculated bimonthly, are shown below:
(1)
Water rates are based on a monthly rate and are billed on a
BASIC CHARGE (cost for the first 5,000 gallons bimonthly) - -
3/4" $15.00
1" $16.00
1 112 $19.00
2" $22.00
3" $28.00
4" $40.00
6" $58.00
8 $82.00
Io" $106.00
(2) CONSUMPTION CHARGE (cost above basic consumption)
RATE 1 0 to 5,000 gallons Basic Charge
RATE 2 5,000-50,000 gallons
RATE 3 50,0001- 100,000 gallons
RATE 4 100,0001- 150,000 gallons
RATE 5 In excess of 150,000 gallons
(3) FIRE HYDRANT SERVICE
Schools
Private Service
(4) TEMPORARY CONSTRUCTION
One Day Service
RATE 1
plus $ 1.65/1,000 gal
RATE 1 plus RATE 2 I' ..
plus $ 1.7511,OOO gal
RATE 1 plus RATE 2 plus RATE 3
plus $ 1.8511,OOO gal
RATE 1 plus RATE 2 plus RATE 3
plus RATE 4 plus $1.95/1,000 gal
$10.00 per hydrant
520.00 per hydrant
$ 1.65/1,000 gallons or $1 5.00
whichever is greater
Ordinance No 1897 0
Page 2 of 14
Construction Account As Metered
0-50,000 gallons $1.6511,000 gallons
50,001-100,000 gallons $1.75/1,000 gallons
100,001-150,000 gallons $1.85/1,000 gallons
In excess of 150,000 gallons $1.95/1,000 gallons
(5) MULTIPLE CONNECTIONS: Multiple Connections are where more than one
customer is being served through a master meter and the billing is based on the flow
through such master meter. The minimum bimonthly billing of the basic charge is
determined by the number of customers multiplied by the rate of $15.00. The
consumption charge will be computed by subtracting the amount equal to the number of
customers multiplied by 5,000 gallons from the total gallonage consumed. The rate of the
consumption above the basic will be $ 1.65 per 1,000 gallons up to 50,000 gallons, $1.75
per 1,000 gallons from 50,001 to 100,000 gallons, $1.85 per 1,000 gallons from 100,001
to 150,000 gallons and $1.95 per 1,000 gallons in excess of 150,000 gallons.
(6)
shall have a 50% surcharge on the monthly rate.
PROPERTIES OUTSIDE CITY LIMITS: Properties served outside the city limits
ECIUWI Port Orchard Municipal Code 13.04.020 is amended to read as follows:
13.04.020 Bimonthly Sewer Rates.
(1) Sewer rates are based on a monthly rate and are billed on a bimonthly schedule. The
sewer rates, as calculated bimonthly, are shown as follows:
DESCRlPTlON i2Lass
Single Family residence
Mobile Home on single parcel
Business
Professional
Churches
Hotels, Motel
Rest Homes, Care Centers
Kitsap County Jail
Apartments
Mobile Home Parks
Schools
Kitsap County Courthouse (Main Complex)
Restaurants
Laundromats
Taverns
Car Dealerships
Post Office
Grocery Stores
Bowling Alley
Boat Marina
Health Maintenance Organizations
Work Release 8 Juvenile Facilities
Kitsap County Public Works Building
Car Washes
Beauty Shops and Barber Shops
Day Care
Gas Stations
Assisted Living Units
1
1
2
2
3
4
4
4
5
5
6
7
8
9
10
11
12
13
14
14
14
14
14
15
16
17
18
19
Ordinance No 1897 0
Page 3 of 14
(2) BIMONTHLY RATES:
Class 1 $54.00
Class 2 $54.00 for each business with a fixture
$13.50 for each business, with an employee present, without a
$ 54.00 for each floor of an office building or retail complex that
fixture
has a public or community bathroom
Class 2 shall be subject to the following surcharge, based on storeloffice interior
Surcharae
size:
Less that 15,000 sf. None Cateaorv
Small
Medium 15,000 to 30,000 sf. $54.00
Large More than 30,000 sf. $108.00
$54.00 for the church, plus
$ 54.00 for the rectory, plus *
$54.00 for the annex
*Class 6 for educational parochial schools
Base fee of $54.00 plus $13.50 per unit
$54.00 per dwelling unit
$2.00 for each pupil, teacher, maintenance and administrative
person
Class 3
Class 4
Class 5
Class 6
Class 7 $2,106.00
Class 8 Based on the seating capacity as determined by the Building
Official
Espresso Bar Not Applicable $ 54.00
Deli 0 $ 81.00
Small 1 to 50 $162.00
Medium 51 to 150 $243.00
Large More than 150 $324.00
_Bate
The classification of Espresso Bar includes similar food preparation businesses,
which do not require the cooking of food or the maintenance of kitchen
equipment.
Class 9 Base fee of $27.00 plus $13.50 per washing machine
Laundromats with less than 4 washing machines are considered
Class 2. Dry Cleaners without washing machines are Class 2.
Class 10 $ 135.00
Class 11 $54.00 for sales and administrative office, plus $ 54.00 for
service department, plus
$54.00 for car washing when the water is used to determine cost
sharing for the sewer treatment plant.
Ordinance No 1897 e
Page 4 of 14
Class 12
Class 13
Class 14
Class 15
Class 16
Class 17
Class 18
Class 19
Special Notes: (a)
(b)
$189.00
Basic Fee of $27.00 plus the following surcharges:
Basic Store $27.00
Bakery $ 27.00
Wetted Down Produce $54.00
Food Disposal $ 54.00
Meat Cutting Area $ 108.00
Base Fee of $27.00 plus $27.00 for each Equivalent Residential
Unit (ERU) as determined for the cost sharing formula for the
sewer treatment plant.
Base Fee of $27.00 plus $81 .OO per car washing bay.
$54.00
Surcharae
Basic Fee of $108.00 plus the following surcharges:
Less than 5 children -0-
6 to 25 children $54.00
More than 25 children Class 6 rates
$54.00 for gasoline retail, which could include service bay
$54.00 for non-automotive retail
Base fee of $54.00 plus
$54.00 per unit with private kitchen
$13.50 per unit without private kitchen, studio apartment
Home occupations will not be charged additional sewer fee.
For a combination of classes in one business, the highest rate
will be selected.
In the event that an established rate class does not accurately
reflect the impact on the sewer system, the City Engineer may
determine the specific monthly rate.
Water accounts, which serve a marina pier and do not have a
connection to the sewer, shall not be charged a sewer bill. A
sewer bill will be charged and based on winter consumption if the
water meter serves both the marina pier and any facility or pump
station that is connected to the sewer system. For billing
purposes, live-a-boards will not be considered as a dwelling unit.
Properties served which are outside the city limits shall have a
50% surcharge on the monthly rates.
Surcharoe
Ordinance No 1897
Page 5 of 14
SECTlON. Port Orchard Municipal Code 13.04.030 is amended to read as follows:
13.04.030 Water Fees.
(1)
water demands on the existing water system. Connection fees apply to new construction,
changes in use. and building modifications that increase the total number of ERU's. The
Connection Fee shall be the larger of the two calculation methods:
Connection Fees: Connection fees are designed to mitigate the impact of new
(a) Fixture Count Method:
For a single-family residence and apartments, the connection fee is
$1,500 per dwelling unit.
For commercial units, offices, motels, convalescent centers and other
nonresidential uses, the connection fee is $1,500 per ten fixtures or
portion thereof.
For all other structures that are served by municipal water, the connection
fee is $1,500 per ten fixtures or portion thereof.
A fixture is any fixture as defined in the Uniform Plumbing Code except
water heaters, floor drains used for emergency overflows only, drinking
fountains if non-continuous flows and extra fixtures attached to existing or
regular fixtures such as bed pan washers, showers over tubs and hose
attachments on sinks.
(b) Water Consumption Method:
For a single-family residence and apartments, the .connection fee is
$1,500 per dwelling unit.
For non-residential accounts, connection fee is $1,500 per ERU. The
ERU is defined as 180 gallons per day of metered water consumption.
The ERU consumption is based upon metered water consumption or
comparison to similar accounts when metered water consumption data is
not readily available.
The Water Connection Fee shall be adjusted on November 1 of each year to reflect
inflation based on the CPI-U of Seattle.
(2)
the cost required to connect the new service to the water main.
The labor installation fee is a flat fee plus sales tax based on the size of the water meter
for service lines less than 25 feet:
Installed by city employees:
INSTALLATION FEE: Installation fees are designed to reimburse the utility for
!AEEmE€ EEE
314"
1 I'
1 %"
2
Larger Meters
$1,000 + cost of meter and associated materials
$ 1,200 + cost of meter and associated materials
$ 1,500 + cost of meter and associated materials
$2,000 + cost of meter and associated materials
Estimated on a case by case basis
If the water service line exceeds 25 feet, or if the proposed construction is unusually
difficult the installation fee will be based on an estimate completed by the city for the
required labor and material.
Ordinance No 1897 e
Page 6 of 14
If the service is connected by other than city employees, the inspection fee of $50 per
meter will be charged. All materials shall comply with the requirements of the city. If the
city supplies any materials, the cost of these, plus overhead and sales tax will be paid by
the customer. If the installation is satisfactory, the city shall connect the meter if it is 1" or
less in size. Larger meters shall be installed by the contractor.
(3)
on new accounts unless exempted as explained below:
FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged
(a) The property has previously participated in a water local improvement
district and there are records to verify this.
(b) The City Council exempts the property from the fees in lieu of
assessment because improvements on the properly have substantially
improved the water system.
The Agreement for Purchase and Sale of Assets of McCormick Water
Company, Inc. waives the city fee in lieu of assessment for water
services. These are the services within McCormick Woods, Campus
Station and McCormick 620.
(c)
Fees in lieu of assessment shall be based on the zone and termini method, as
prescribed by law, used in Local Improvement District #63.
(4) PAYMENT: All installation fees and fees in lieu of assessment shall be paid in
full prior to any issuance of permits and the physical connection of the private service line
to the water system.
SECTlON. Port Orchard Municipal Code 13.04.040 is amended to read as follows:
13.04.040 Sewer Fees.
(1) CONNECTION FEES: Connection fees are designed to mitigate the impact of
new demands on the existing sewer system. Connection fees apply to new construction,
changes in use, and building modifications that increase the total number of ERU's. The
Connection Fee shall be the larger of the two calculation methods:
(a) Fixture Count Method:
For a single-family residence and apartment, the connection fee is
$1,500 per dwelling unit.
For commercial units, offices, motels, convalescent centers and other
nonresidential uses, the connection fee is $1,500 per ten fixtures or
portion thereof.
For all other structures that are served by municipal sewer, the
connection fee is $1,500 per ten fixtures or portion thereof.
A fixture is any fixture as defined in the Uniform Plumbing Code except
water heaters, floor drains used for emergency overflow only, drinking
fountains if non-continuous flows and extra fixtures attached to existing or
regular fixtures such as bed pan washers, showers over tubs and hose
attachments on sinks.
Ordinance No 1897 e
Page 7 of 14
(b) Water Consumption Method:
For a single-family residence and apartments, the connection fee is
$1,500 per dwelling unit.
For non-residential accounts, connection fee is $1500 per ERU. The ERU
is defined as 180 gallons per day of metered water consumption, which is
directed to the sanitary sewer system. The ERU consumption is based
upon metered water consumption or comparison to similar accounts
when metered water consumption data is not readily available.
The Sewer Connection Fee shall be adjusted on November 1 of each year to reflect
inflation based on the CPI-U of Seattle.
(2) INSTALLATION FEE: Installation fees are designed to reimburse the utility for
the cost required to connect the new service to the sewer main.
The installation fee is a flat fee based on the vicinity of the sewer main:
(a) Installed by city employees: If the main is within 25 feet of the property
line, the installation fee is $1 100 plus sales tax.
If the sewer service line exceeds 25 feet, or if the proposed construction
is unusually difficult, the installation fee will be based on an estimate
completed by the city for the required labor and material.
If the service is connected by other than city employees, the inspection
fee of $50 per lateral connection to the main will be charged. All
materials shall comply with the requirements of the city. If the city
supplies any materials, the cost of these plus overhead and sales tax will
be paid by the customer.
(b)
(c)
(3)
on new accounts unless exempted as explained below:
FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged
(a) The properly has previously participated in a sewer local improvement
district for sewer mains and there are records to verify this. Participation
in ULlD No. 1 does not exempt property from a fee in lieu of assessment
for mains.
(b) The City Council exempts the property from the fees in lieu of
assessment because improvements on the property have substantially
improved the sewer system.
The Agreement Regarding the Latecomer Fees for Sewer ULlD No. 6
between the City of Port Orchard and Kitsap County waives the city fee in
lieu of assessment for the collection system. These are the properties
that participated in ULlD No. 6 or pay the ULlD No. 6 latecomer fee.
(c)
Fees in lieu of assessment for mains shall be based on the zone and termini method, as
prescribed by law and used in Local Improvement District #64.
(4) FACILITY CONSTRUCTION FEE: Facility Connection fees are designed to
mitigate the future construction costs for the wastewater treatment facility and have each
new connection pay a fair share towards the construction cost of the facility.
Ordinance No 1897 e
Page 8 of 14
The Facility Connection Fee as of November 1, 2002 shall be $1,943.41 per dwelling unit
for each new service, which physically connects to the sanitary sewer system except for
the following:
(a) The properties within Divisions 1 through IO, inclusively, of the
McCormick Woods Land Company shall have a Facility Connection Fee
of $791 25 per dwelling unit.
Properties within the original City of Port Orchard ULlD #I boundaries
shall not pay the Facility Connection Fee if the property had been
assessed in the ULlD #I.
(b)
For commercial units, offices, motels, convalescent centers, and other non-residential
uses, the Facility Connection Fee is $1,943.41 per Equivalent Residential Unit, ERU. The
ERU is defined as 180 gallons per day, which is directed to the sanitary sewer system.
The ERU consumption is based upon metered water consumption or comparison to
similar accounts when metered water consumption data is not readily available. The
above exceptions as listed for residential properties are applicable for non-residential
units.
The Facility Connection Fee shall be adjusted on November 1 of each year to reflect
inflation based on the CPI-U of Seattle.
(5) ULlD #6 LATECOMER FEE: As per the Agreement Regarding Latecomer Fees
for Sewer ULlD No. 6 between the City of Port Orchard and Kitsap County, the city shall
collect the latecomer fee established by the Agreement from property owners outside the
boundaries of the ULlD who connect their properties to the improvements constructed as
part of ULlD No. 6. The city shall collect the latecomer fee at the same time as it collects
applicable sewer connection charges andlor fees in lieu of assessments related to sewer
treatment plant costs.
Annually, on January 1, the city shall adjust the base latecomer charge by the amount of
the change in the most recent (August) All Urban Consumer Price Index (CPI) published
by the Department of Labor for the Seattle-Everett metropolitan area in the preceding
twelve months. The 2003 latecomer fee is $2.764.69.
(6) PAYMENT: All installation fees and fees in lieu of assessment shall be paid in full
prior to any issuance of permits and the physical connection of the private service line to
the sewer system.
EEfXUNA Port Orchard Municipal Code 13.04.050 is amended to read as follows:
13.04.050 Billing. The water and/or sewer charges shall be billed by the City Treasurer bimonthly on the
last day of the bimonthly period, to the property owner. The charges and rates shall be due to the
Treasurer, who is authorized and empowered to collect and receipt for such payments, on the first day of
the month following the receipt of services.
Charges remaining unpaid 30 days after the due date shall be considered delinquent and shall be subject
to an additional charge of ten percent of the unpaid balance as a penalty.
When a water andlor sewer bill shall become delinquent and a city employee must go to the premise
during normal working hours for the purpose of hanging a written notice on the door. there shall be a ten-
dollar charge added to the account.
Ordinance No 1897 e
Page 9 of 14
If the delinquent water andlor sewer charges remain unpaid over a period of thirty days aHer the due and
payable date, service will be discontinued by turnoff. Service will not resume thereafter until the
delinquent charges and penalties, together with a turn-off fee, have been paid in full. The turn-off fee shall
be $20.00, unless the same account should become delinquent during a twelve-month period. On a
second occurrence, the turn-off fee shall be $30.00. On the third occurrence and each subsequent
occurrence, the turn-off fee shall be $40.00,
Where both water and sewer delinquent charges are involved, the customer shall not be billed double
penalties.
SECIDNL Port Orchard Municipal Code 13.04.055 is amended to read as follows:
13.04.055 Miscellaneous Charges.
(1) When a customer requests a turn-onloff of service outside normal working hours
or on holidays or weekends, an additional charge of $75.00 will be added to the bill for this
service.
(2) There shall be a ten-dollar charge added to the account when a landlord turns
tenant's water off, as they must sign a hold harmless form and then we give advance
notice at the service address.
(3) When a closing agent requests, by law, a final billing of utility services to real
property being sold, the utility shall provide the requesting party with a written estimated or
actual final billing. There will be a service fee of $20.00 charged for each request.
ECtlQNA Port Orchard Municipal Code 13.04.060 is amended to read as follows:
13.04.060 Liens. The City Treasurer is directed to prepare and file a lien against any property where
water andlor sewer charges or water andlor sewer connection fees remain unpaid for four months as
provided in RCW 35.21.290 and 35.67.200. A fee of $100.00 will be put on the account when the lien is
filed.
The remedy provided in this section shall be in addition to any other remedy now and hereafter provided
by law. All charges, together with penalties and interest that may be provided by the ordinance, shall be a
lien upon the property to which such service is furnished. Water andlor sewer charges or sewer
connection liens shall be superior to all other liens and encumbrances whatsoever, except those for
general taxes and local and special assessments. The liens shall be enforced by the city in the manner
provided by law. The additional and concurrent method of enforcing the lien of the city for the delinquent
and unpaid charges by turning off the water andlor sewer service from the premise shall not be exercised
afler two years from the date of recording the lien notice, as provided by law. One exception to this is to
enforce payment of six months charges for which no lien notice is required by law to be recorded.
XGUQML Port Orchard Municipal Code 13.04.070 is amended to read as follows:
13.04.070 Vacancies. In the event that the premises are or shall become vacant andlor unoccupied, the
basic charges for sewer shall continue, unless exempted as described below:
(1) Upon proper application, the Treasurer shall have the authority to make a billing
adjustment of $9.00 to the basic sewer service charges for any full month in which the
individual unit is vacant for such calendar month. The property owner must complete the
appropriate application within the first ten days following each calendar month period of
vacancy to be eligible for a billing adjustment of the sewer service charges. No sewer
service charges shall be adjusted on a pro-rata basis. Class 2 accounts without fixtures
shall not receive any billing adjustment.
Ordinance No 1897 e
Page 10 of 14
(2) A person who
knowingly submits an application containing false information shall be charged a penalty
of twice the sewer service rate for that period for which sewer service was credited. Any
person charged such a penalty may appeal to the City Council within 15 days of the
penalty assessment.
Vacant properties shall be subject to periodic inspections.
SElXKWU Port Orchard Municipal Code 13.04.080 is amended to read as follows:
13.04.080 Mother-In-Law Apartments & Converted Homes. These are apartments contained in a
single-family dwelling and are not a separate structure. These apartments are other than duplexes or
multi-family units.
(1) MOTHER-IN-LAW APARTMENTS:
(a)
(b)
The property owner lives in the single-family dwelling.
The apartment does not have both a separate full kitchen and full bath. A
full kitchen is defined as one with a full size refrigerator, a stove, a sink
and cabinets. A full bath is defined as one with a sink, a toilet and a
bathing facility.
There is the capability of the apartment dweller to pass from the
apartment to the house through an interior door.
A mother-in-law apartment would be considered a single-family residence
and would not be charged an extra connection fee or an extra monthly
rate.
(c)
(d)
(e) The Building Department shall inspect the proposed mother-in-law
apartment and report its findings to the City Treasurer. The City
Treasurer shall make the determination if a unit is a mother-in-law
apartment and shall so notify the property owner. The property owner
may appeal the Treasurer's determination with a written petition to the
City Council.
(2) CONVERTED HOMES:
The property owner lives in the single-family dwelling
The apartment has both a separate full kitchen and full bath
In order to be a converted home, the structure shall have been a single-
family residence for at least five years.
A converted home would not be charged an extra connection fee, but
would be charged an extra monthly rate.
A property owner may apply for an exemption from the additional monthly
rate if a family member lives in the apartment. Application for exemption
shall be made on forms provided by the City Treasurer. When the family
member moves out of the apartment the property owner shall notify the
city.
A family member is defined as a father, mother, spouse, children or
step-children.
Mother-in-law apartments and converted homes in existence prior to
September 24, 1990, shall be grandfathered and associated connection
fees are waived.
A duplex would still be charged two connection fees and two monthly
rates and is not a single-family residence.
SECUQUL Port Orchard Municipal Code 13.04.090 is amended to read as follows:
13.04.090 Discontinuation of Sewer Charges. Upon receipt of a written statement by the owner of a lot
or parcel of property which has previously been connected to the public sewer system that there is no
longer any building or structure for human occupation or use or for any business purpose located thereon
and that the toilet and other facilities therein have been removed, disconnected and properly plugged from
the public sewer system, and upon inspection by the Superintendent or his designated representative to
ascertain that the statement is true, the sewer charges shall cease as of the first day of the following
month.
SECWklL Port Orchard Municipal Code 13.04.100 is amended to read as follows:
23.04.100 Cross Connections. The installation or maintenance of any cross connection that would
endanger the water supply of the City of Port Orchard is prohibited. Such cross connections are declared
to be a public health hazard and shall be abated.
The control or elimination of cross connections shall be in accordance with WAC 246-290-490. The
policies, procedures and criteria for determining appropriate levels of protection shall be in accordance
with the Accepted Procedure and Practice in Cross Connection Control Manual - Pacific Northwest
Section - American Water Works Association, Fourth Edition or any superseding edition.
It shall be the responsibility of the city to protect the potable water system from contamination or pollution
due to cross connections. Water service to any premises shall be contingent upon the customer providing
cross connection control in a manner approved by the City Engineer. Backflow prevention assemblies
required to be installed shall be a model approved by the Kitsap County Health Department.
The City Engineer, or his designated representative with proper identification, shall have free access at
reasonable hours of the day to all parts of the premises or within the building to which the water is
supplied. Water service may be refused or terminated to any premise for failure to allow necessary
inspections.
SECIDUA Port Orchard Municipal Code 13.04.110 is amended to read as follows:
13.04.110 Emergency Water Supply Conditions. Whenever an emergency exists affecting the water
supply of the city and it becomes necessary to curtail the use of water through regulation and control of
the use thereof, the Mayor shall declare such an emergency. Notice of the emergency shall be published
in the official newspaper by the City Clerk, setting forth rules under which water will be used. The notice
may include defining zones for use of water and setting forth hours during which lawn sprinkling may be
done. The notice shall include any restriction, as approved by the City Council, on the use of water that is
deemed necessary for the welfare of the inhabitants of the city and other users of city water. Such notice
and regulations established for the emergency shall be subject to change and shall be in full force and
effect throughout the emergency. Any changes in such regulations as published shall likewise be
published before taking effect. Regulations established for the emergency shall remain in affect until
notice is published that the emergency has passed.
Ordinance No 1897
Page 12 of 14
e
SECTlON. Port Orchard Municipal Code 13.04.120 is amended to read as follows:
13.04.120 Damaging the Utility System. No unauthorized person shall maliciously, willfully or
negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or
equipment that is part of the public water or sewer system. No person shall connect another structure,
apartment. or dwelling unit with a temporary hose or other pipe not permitted by the Uniform Plumbing
Codes for the purpose of providing water to that structure, apartment, or dwelling unit.
SEcXDUL Port Orchard Municipal Code 13.04.130 is amended to read as follows:
13.04.130 Discharging of Sewerage. It shall be unlawful to discharge or cause to be discharged into
the city sewer system or cause to be placed where they are likely to run, leak or escape into the public
sewer, any of the following:
(1) Ashes, cinder, sand, earth, rubbish, mud, straw, shavings, metal, glass. rags,
feathers, tar, plastic, wood, or any matter, which is capable of or likely to obstruct or
interfere with the capacity or operation of the public sewer.
(2)
inflammable or explosive upon introduction to the public sewer.
(3) Any matter having a temperature greater than 150 degrees F
(4) Sewage containing suspended solids in excess of 350 milligrams per liter.
(5) Sewage containing grease or oil in excess of 100 parts per million by weight.
(6) Matter with a B.O.D. greater than 300 milligrams per liter.
(7) Sewage with a PH lower than 5.5 and greater than 9.0
(8) Garbage that has not been properly shredded.
(9) Sewage containing toxic or poisonous substances in sufficient quantity to injure or
interfere with any sewage treatment process or constitutes a hazard in the receiving
waters of the sewage treatment plant.
(IO) Any noxious or malodorous matter capable of creating a public nuisance.
(1 1) Waters from irrigation, storm drains, sump pumps, surface runoff, roof runoff,
subsurface drainage, ponds or reservoirs. When an unauthorized hookup of a drain or
excess infiltration is found to exist, the City Engineer shall notify the property owner that
corrective action is required and shall be accomplished within sixty calendar days. The
City Engineer may allow drainage of areas, not to exceed 750 square feet, if that area
cannot be economically drained other than using the sanitary sewer system.
(12)
(13)
other than recreational vehicles or camp trailers.
Gasoline, benzine, naphtha, fuel oil, lubricating oil or any other matter that is
Contents from any septic tank or cesspool
Any unauthorized use of an established Recreational Vehicle Dump Station for
Ordinance No 1897 e
Page 13 of 14
SECTlON. Port Orchard Municipal Code 13.04.140 is amended to read as follows:
13.04.140 Connection to Sewer.
(1) The owner of each lot or parcel of real property within the city shall connect to the
public sewer system if the public sewer system is within 200 feet of the lot or
parcel and if one of the following conditions occur:
(a) A new building or structure is constructed on an undeveloped parcel or lot
and use of the new building or structure generates wastewater.
An existing building or structure, which is served by an existing septic
tank and drainfield is remodeled or repaired in such a manner that the
drainfieid would have to be expanded, as required by the Health Officer.
In such a case, the entire structure would have to be served by the public
sewer system.
The existing drainfield has failed and needs repair or replacement, as
determined by the Health Officer.
(b)
(c)
(2) The City Council may schedule a public hearing to review the circumstances of
the property to be connected to the sewer system, if requested by the property owner.
The City Council may modify or remove the requirements of mandatory sewer connection,
if it deems it necessary.
ECIDUL Port Orchard Municipal Code 13.04.150 is amended to read as follows:
13.04.150 Side Sewer Responsibilities. That portion of any side sewer pipe lying within a street right of
way or easement shall be kept within the exclusive control of the city. That portion of the side sewer lying
beyond said right of way or easement shall be the responsibility of the sewer customer, which is served by
the pipe.
When a side sewer is blocked, it is the responsibility of the sewer customer to remove the blockage. If the
blockage is shown to the satisfaction of the City Council to be within the right of way or easement, the City
Council may reimburse all or part of the cost to remove the blockage.
SECIDU& Port Orchard Municipal Code 13.04.160 is amended to read as follows:
13.04.160 Industrial Sewer Users.
(1) All major contributing industrial users of the public sewer system shall be required
to enter into an agreement with the City of Port Orchard to provide for the payment of their
proportionate share of the federal share of the capital costs of the sewage project
allocable to the treatment of such industrial waste.
(2) The recovery of the proportionate share of costs shall be determined by
agreement industrial user. The share of costs 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 life of the project
or thirty years. In the event the city and 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.
(3) All major contributing users discharging into the treatment works shall be required
to comply, within three years, with the pretreatment standards established by the
Environmental Protection Agency. In accordance with the pretreatment requirements,
major industries are defined as those industries that:
Ordinance No 1897 1)
Page 14 of 14
(a) Have a wastewater flow of fifty thousand gallons, or more, per average
day.
Have a wastewater flow greater than one percent of the flow carried by
the municipal system receiving the waste,
Include the discharge of a toxic material.
(b)
(c)
Port Orchard Municipal Code 13.04.170 is amended to read as follows: SECTlDN.
13.04.170 Violation. Any person who violates any of the provisions of this chapter shall become liable to
the city for any expense, loss or damage occasioned by the city by reason of such violation. Such person
will be charged for any damage and may be assessed a civil penalty in an amount not to exceed five
thousand ($5,000) Dollars. Every day that the person is in violation shall be considered a separate event
and may be charged as such under this section.
XCIXM2. Port Orchard Municipal Code 13.04 is amended by adding a new section
13.04.180:
13.04.180 Appeals. The person may appeal the penalty to the City Council, provided that the appeal is
made in writing and filed with the City Clerk within fifteen (15) calendar days from the date of notice
imposing the penalty. The failure to appeal will constitute a waiver of all rights to an administrative hearing
and determination of the matter.
SKUQNiX Savings Clause. Port Orchard Municipal Code 13.04 (as adopted by
Ordinance No. 1996 and Ordinance 1799), which is amended by this ordinance, shall remain in force and
effect until the effective date of this ordinance.
m. Severability. If any section, subsection, sentence, clause, or phrase of
this ordinance or amendment thereto, or its application to any person or circumstances is held invalid, the
remainder or application to other persons or Circumstances shall not be affected.
PASSED by the City Council of the City of Port
attested by the Clerk in authentication of such passage this 14'h d
PPROVED by the Mayor and
LESLIE J. WEATHERILL, MAYOR
ATTES : &&
Patricia Parks, City Clerk
,@uncilman 6iauson