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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 !AEEmEā‚¬ 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