HomeMy WebLinkAbout1456 - Ordinance - Amending Water and Sewer RatesORDINANCE NO. 1456
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NO.'S 1442, 1371,
1347, 1319, 1294, 1250, 1198, 1190, 1189, 1106,
1105, 1075, 1074, 1073, 1070, 1065, 1044, 1043,
1019, 1018, 1004, 947, 946, 911, 831, 817, 816,
801, 770, 758, 698 AND 667 (POMC 13.04 and 13.08)
AND ESTABLISHING 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
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON
DOES ORDAIN AS FOLLOWS:
SECTION 1: That Ordinance No.'s 1442, 1371, 1347, 1319, 1294,
1250, 1198, 1190, 1189, 1106, 1105, 1075, 1074, 1073, 1070, 1065, 1044, 1043,
1019, 1018, 1004, 947, 946, 911, 831, 817, 816, 801, 770, 758, 698 and 667
(POMC 13.04 and 13.08) are hereby repealed.
SECTION 2: BIMONTHLY WATER RATES. Water rates are based on
a monthly rate and are billed on a bimonthly schedule. The water rates, as
calculated bimonthly, are shown below:
A. BASIC CHARGE (Cost for the first 5,000 gallons bimonthly)
SIZE OF SERVICE
3/4"
1"
1 1/2"
2"
3"
4"
6"
8"
10"
BIMONTHLY RATE
13.00
14.00
17.00
20.00
26.00
38.00
56.00
80.00
104.00
B. CONSUMPTION CHARGE (Cost above basic consumption)
0 to 5,000 gallons Basic Charge
In excess of 5,000 gallons Basic Charge
plus $1/1,000 gal
FIRE HYDRANT SERVICE
Schools
Private Service
D. TEMPORARY CONSTRUCTION
One Day Service
Construction Account
MULTIPLE CONNECTIONS:
Ordinance No. 1456
Page Two
$ 8.00 per hydrant
$18.00 per hydrant
$1/1,000 gallons or $10.00
whichever is greater
$1/1,000 gallons as metered
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
the basic charge is determined by the number of customers
multiplied by the rate of $13.00. The consumption charge will
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 will be $1.00 per 1,000
gallons above the basic consumption.
SECTION 3: BIMONTHLY SEWER RATES. (A) Sewer rates are
based on a monthly rate and are billed on a bimonthly schedule. The sewer
rates, as calculated bimonthly, are shown below:
DESCRIPTION CLASS
Single Family residence 1
Mobile Home on single parcel 1
Business 2
Commercial 2
Professional 2
Churches 3
Hotels, Motels 4
Rest Homes, Care Centers 4
Kitsap County Jail 4
Apartments 5
Mobile Home Parks 5
Schools 6
Kitsap County Courthouse 7
of
be
(B) BIMONTHLY RATES:
Class
1
Class
2A
Class
2B
Class
2C
Class
2D
Class 3
Class 4
Class 5
Class 6
Class 7
Ordinance No. 1456
Page Three
$28.00
$28.00 plus $1.00 for every employee, over 3.
$28.00 plus $1.00 for every employee, over 3 plus
$21.00 for a heavy use restroom which is open to the
public and readily available.
$28.00 plus $1.00 for every employee, over 3 plus
$17.00 for a moderate use restroom which is not open
to the public, but available for customers.
$28.00 plus $1.00 for every employee, over 3 plus
$13.00 for a light use restroom which is not open to
the public, but available for customers, if asked.
$28.00
$38.00 plus $7.60 per unit.
$28.00 per dwelling unit.
$1.40 for each pupil, teacher, maintenance and
administrative personnel.
$800.00
In the event that an established class of rate does not
accurately reflect the impact on the sewer system, the City Council may
determine the specific monthly rate.
For properties outside the corporate city limits that are being
served by the sewer, the class of rate will receive a surcharge of 50% of the
monthly rate.
SECTION 4: WATER FEES.
(A) CONNECTION FEES:
Connection fees are designed to mitigate the impact of new water
demands on the existing water system.
For a single family residence and apartments, the connection fee
is $750 per dwelling unit.
Ordinance No. 1456
Page Four
For commercial units, offices, motels, convalescent centers and
other non-residential uses, the connection fee is $750 per ten fixtures or
portion thereof.
For all other structures that are served by municipal water, the
connection fee is $750 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) INSTALLATION FEE: Installation fees are designed to reimburse the
utility for the cost required to connect the new service to the water main.
The installation fee is a flat fee based on the size of the water
meter for service lines less than 50 feet:
Installed by City Employees:
METER SIZE FEE
3/4" $250
1" $400
1 1/2" $600
2" $700
Larger Meters Estimated on a case by case basis
If the water service line exceeds 50 feet, 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 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.
Ordinance No. 1456
Page Five
(C) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged
on new accounts unless exempted as explained below:
1. The property has previously participated in a water local improvement
district and there are records to verify this.
2. The City Council exempts the property from the fees in lieu of
assessment because improvements on the property have substantially
improved the water system, or if it is in the best interest of the City.
Fees in lieu of assessment shall be based on the zone and termini
method, as prescribed by law, used in Local Improvement District #63.
(D) PAYMENTS: All installation fees and fees in lieu of assessment shall be
paid in full prior to the physical connection of the private service line to
the water system.
Connection fees may be accepted on the following schedule:
NUMBER
OF UNITS
DOWN PAYMENT
INSTALLMENTS
1 To
4
Full amount
None
5 to
15
One Half of the Fee
3 Years at 8%
16 or
more
One Third of the Fee
5 Years at 8%
Interest would be compounded annually, with pro -rating on the
outstanding balance due.
SECTION 5: SEWER FEES.
(A) CONNECTION FEES: Connection fees are designed to mitigate the impact of
new demands on the existing sewer system.
For a single family residence and apartment, the connection fee
is $500 per dwelling unit.
For commercial units, offices, motels, convalescent centers and
other non-residential uses, the connection fee is $500 per ten fixtures or
portion thereof.
Ordinance No. 1456
Page Six
For all other structures that are served by municipal water, the
connection fee is $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.
(B) INSTALLATION FEE: Installation fees are designed to reimburse the
utility for the cost required to connect the new service to the sewer main.
sewer main: The installation fee is a flat fee based on the vicinity of the
1. Installed by City employees: If the main is within 50 feet of the
property line, the installation fee is $250.
2. If the sewer service line exceeds 50 feet, the installation fee will be
based on an estimate completed by the City for the required labor and
material.
3. If the service is connected by other than City employees, an inspection
fee of $50 per tap 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.
(C) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged
on new accounts unless exempted as explained below:
1. The property has previously participated in a sewer local
improvement district for sewer mains and there are records to verify
this. Participation in ULID No. 1 does not exempt property from a fee
in lieu of assessment for mains.
2. The City Council exempts the property from the fees in lieu of
assessment because improvements on the property have substantially
improved the sewer system.
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.
Ordinance No. 1456
Page Seven
Fees in lieu of assessment for treatment shall be based on the
same formula used in ULID No. 1 for the property use as anticipated by
development.
(D) PAYMENT: All installation fees and fees in lieu of assessment shall be
paid in full prior to the physical connection of the private service line to
the sewer system.
Connection fees may be accepted on the following schedule:
NUMBER
OF UNITS
DOWN PAYMENT
INSTALLMENTS
1 to
4
Full amount
None
5 to
15
One Half of the Fee
3 Years at 8%
16 or
more
One Third of the Fee
5 Years at 8%
Interest shall be compounded annually, with pro -rating on the
outstanding balance due.
SECTION 6: 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 and/or 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 five dollar charge
added to the bill.
If the delinquent water and/or sewer charges remain unpaid over a
period of thirty days after the due and payable date, water service will be
discontinued by turnoff. Water service will not resume thereafter until the
delinquent charges and penalties, together with a water turn -on fee, have
been paid in full. The turn -on fee shall be ten dollars, unless the same
account should become delinquent during a twelve month period. On a second
occurrence, the turn -on fee shall be twenty dollars. On the third occurrence
and each subsequent occurrence, the turn -on fee shall be thirty dollars.
Ordinance No. 1456
Page Eight
When a customer requests a turn -on of water outside of normal
working hours or on holidays or weekends, an additional charge of thirty
dollars will be added to the bill for this service.
Where both water and sewer delinquent charges are involved, the
customer shall not be billed double penalties.
SECTION 7: LIENS. The City Treasurer is directed to prepare
and file a lien against any property where water and/or sewer charges or
water and/or sewer connection fees remain unpaid for four months as provided
in RCW 35.21.290 and 35.67.200.
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 which may be provided by the ordinance, shall be a
lien upon the property to which such service is furnished. Water and/or
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
and/or sewer service from the premise shall not be exercised after 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.
SECTION 8: VACANCIES. In the event that the premises are or
shall become vacant and/or 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 $10.00 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.
2. Vacant properties shall be subject to periodic inspections. 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.
Ordinance No. 1456
Page Nine
SECTION 9: 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 and disconnected 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.
SECTION 10: CROSS CONNECTIONS. The installation or
maintenance of any cross connection which 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 248-54-285. 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 of Port Orchard 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 devices 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.
SECTION 11: 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
Ordinance No. 1456
Page Ten
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.
SECTION 12: 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 which
is part of the public water or sewer system.
SECTION 13: 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. Gasoline, benzine, naptha, fuel oil, lubricating oil or any other matter
which is 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.
10. Any noxious or malodorous matter capable of creating a public nuisance.
Ordinance No. 1456
Page Eleven
11. 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. Contents from any septic tank or cesspool.
SECTION 14: CONNECTION TO SEWER. 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:
1. A new building or structure is constructed on an undeveloped parcel or
lot and use of the new building or structure generates wastewater.
2. 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
drainfield 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.
3. The existing drainfield has failed and needs repair or replacement, as
determined by the Health Officer.
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.
SECTION 15: READINESS TO SERVE. A charge for readiness to
be served by the sewer system shall accrue and be billed at the time the
sewer system is extended to within 200 feet of the property and that sewer
system is capable of serving the property. The charge for sewer service
shall be made without regard to whether the premises are actually connected
to the sewer system. The City shall notify the property owner in writing
that after thirty days of notice, the property shall be billed a readiness to
serve charge. This charge shall be of equal amount to the sewer bill if the
property was connected to the public sewer system. The readiness to serve
charge may be waived by the City Council if failure of the property to
connect to the public sewer system is the fault of the City.
Ordinance No. 1456
Page Twelve
SECTION 16: 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.
SECTION 17: INDUSTRIAL SEWER USERS. 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.
The recovery of the proportionate share of costs shall be
determined by agreement between the City and the 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.
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:
1. 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.
Ordinance No. 1456
Page Thirteen
SECTION 18: VIOLATION. An 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 is guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine in the amount of Five Hundred Dollars. Every day that the
person is in violation shall be considered a separate offense and can be
charged as such under this section.
SECTION 19: VALIDITY. The City of Port Orchard hereby
declares that should any section, paragraph, sentence or word of this
ordinance or of the code hereby adopted be declared for any reason to be
invalid, it is the intent of the City of Port Orchard that it would have
passed all other portions of this ordinance independent of the elimination
herefrom of any such portion as may be declared.
PASSED by the City Council of the City of Port Orchard,
APPROVED by the Mayor and attested by the Clerk in authentication of
such passage this 10th day of April, 1989.
LESLIE WEATHERILL, MAYOR
ATTEST:
Z�4L
Patricia Hower, City Clerk
APPROVED AS TO FORM Sponsored By:
ty Attorney
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an ordiance approved by the Port Orchard
City Council at their regular Council meeting held April 10, 1989.
ORDINANCE NO. 1456
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING
ORDINANCE NO.'S 1442, 1371, 1347, 1319, 1294, 1250, 1198, 1190,
1189, 1106, 1105, 1075, 1074, 1073, 1070, 1065, 1044, 1043, 1019,
1018, 1004, 947, 946, 911, 831, 817, 816, 801, 770, 758, 698 AND
667 (POMC 13.04 and 13.08) AND ESTABLISHING 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
The full text of the above summarized ordinance will be mailed upon
request and is available at City Hall, 216 Prospect Street, Port
Orchard, WA 98366
Patricia Hower, City Clerk
City of Port Orchard
Publish: Port Orchard Independent
April 12, 1989