Loading...
1768 - Ordinance - Repealing Ordinance 1745 and Reestablishing Regulations for Use of Water and Sewer• • 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 September 13, 1999. ORDINANCE NO. 1768 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING ORDINACE NO. 1745 (POMC 13.04) AND REESTABLISHING REGULATIONS PROVIDNG 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. Copies of Ordinance No. 1768 are available for review at the office of the City Cleric 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. 1768 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Deputy Clerk Publish: Port Orchard Independent September 22,1999 Pi AS FOLLOWS: ORDINANCE NO.1768 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING ORDINANCE NO. 1745 (POMC 13.04) AND REESTABLISHING 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 SECTION 1. Effective Date. This ordinance shall be effective five days after publication. SECTION 2. 13.04.010 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: (1) BASIC CHARGE (cost for the first 5,000 gallons bimonthly) SIZE OF SERVICE BIMONTHLY RATE 314" $14.00 1" $15.00 1 112 $18.00 2" $21.00 3" $27.00 4" $39.00 6" $57.00 8" $81.00 10" $105.00 (2) CONSUMPTION CHARGE (cost above basic consumption) RATE 1 0 to 5,000 gallons RATE 2 5,000-100,000 gallons RATE 3 In excess of 100,000 gallons (3) FIRE HYDRANT SERVICE Schools Private Service (4) TEMPORARY CONSTRUCTION One Day Service Construction Account 0-100,000 gallons In excess of 100,000 gallons Basic Charge RATE 1 plus $ 1.50/1,000 gal RATE 1 plus RATE 2 plus $1.60/1,000 gal $ 9.00 per hydrant $19.00 per hydrant $ 1.5011,000 gallons or $15.00 whichever is greater As Metered: $1,50/1,000 gallons $1.60/1,000 gallons Ordinance No. 1768 Page 2 of 13 (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 $ 14.00. 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 $ 1.50 per 1,000 gallons up to 100,000 and $1.60 per 1,000 gallons in excess of 100,000 gallons. (6) PROPERTIES OUTSIDE CITY LIMITS: Properties served outside the city limits shall have a 50% surcharge on the monthly rate. SECTION 3. 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: DESCRIPTION CLASS Single Family residence 1 Mobile Home on single parcel 1 Business 2 Professional 2 Churches 3 Hotels, Motel 4 Rest Homes, Care Centers 4 Kitsap County Jail 4 Apartments 5 Mobile Home Parks 5 Schools 6 Kitsap County Courthouse (Main Complex) 7 Restaurants 8 Laundromats 9 Taverns 10 Car Dealerships 11 Post Office 12 Grocery Stores 13 Bowling Alley 14 Boat Marina 14 Health Maintenance Organizations 14 Work Release 8, Juvenile Facilities 14 Kitsap County Public Works Building 14 Car Washes 15 Beauty Shops and Barber Shops 16 Day Care 17 Gas Stations 18 Assisted Living Units 19 (2) BIMONTHLY RATES: Class 1 $ 40.00 Class 2 $ 40.00 for each business with a fixture. $10.00 for each business, with an employee present, without a fixture $ 40.00 for each floor of an office building or retail complex that has a public or community bathroom. • Ordinance No. 1768 Page 3 of 13 Class 2 shall be subject to the following surcharge, based on store/office interior size: Category Small Medium Large Size of storeloffice Less that 15,000 sf 15,000 to 30,000 sf More than 30,000 sf Surcha�rc e None $40.00 $80.00 Class 3 $ 40.00 for the church, plus * $ 40.00 for the rectory, plus * $ 40.00 for the annex. *Class 6 for educational parochial schools. Class 4 Base fee of $ 40.00 plus $10.00 per unit. Class 5 $ 40.00 per dwelling unit. Class 6 $ 1.70 for each pupil, teacher, maintenance and administrative person. Class 7 $ 1,560.00 Class 8 Based on the seating capacity as determined by the Building Official. Description Seating capacity Rate Espresso Bar Not Applicable $ 40.00 Deli 0 $ 60.00 Small 1 to 50 $120.00 Medium 51 to 150 $180.00 Large More than 150 $240.00 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 $20.00 plus $10.00 per washing machine. Laundromats with less than 4 washing machines are considered Class 2. Dry Cleaners without washing machines are Class 2. Class 10 $ 100.00 Class 11 $40.00 for sales and administrative office, plus $ 40.00 for service department, plus $40.00 for car washing when the Water is used to determine cost sharing for the sewer treatment plant. Class 12 $140.00 Class 13 Basic Fee of $ 20.00 plus the following surcharges: Description Surcharge Basic Store $ 20.00 Bakery $ 20.00 Wetted Down Produce $ 40.00 Food Disposal $ 40.00 Meat Cutting Area $ 80.00 : 0 0 Ordinance No. 1768 Page 4 of 13 Class 14 Base Fee of $ 20.00 plus $ 20.00 for each Equivalent Residential Unit (ERU) as determined for the cost sharing formula for the sewer treatment plant. Class 15 Base Fee of $ 20.00 plus $ 60.00 per car washing bay. Class 16 $ 40.00 Class 17 Basic Fee of $ 80.00 plus the following surcharges: Description Surcharge Less than 5 children -0- 6 to 25 children $ 40.00 More than 25 children Class 6 rates Class 18 $ 40.00 for gasoline retail and service bay. $ 40.00 for non -automotive retail. Class 19 Base fee of $ 40.00 plus $ 40.00 per unit with private kitchen $ 10.00 per unit without private kitchen, studio apartment Special Notes: (a) Home occupations will not be charged additional sewer fees. (b) For a combination of classes in one business, the highest rate will be selected. (c) 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. (d) 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. (e) Properties served which are outside the city limits shall have a 50% surcharge on the monthly rates. SECTION 4. 13.04.030 Water Fees. (1) 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. For commercial units, offices, motels, convalescent centers and other nonresidential 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. Ordinance No. 1768 Page 5 of 13 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 noncontinuous flows and extra fixtures attached to existing or regular fixtures such as bed pan washers, showers over tubs and hose attachments on sinks. (2) INSTALLATION FEE: Installation fees are designed to reimburse the utility for 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: METER SIZE FEE 314" $ 500 + cost of meter and associated materials 1" $ 600 + cost of meter and associated materials 1 '/z" $ 700 + cost of meter and associated materials 2" $ 800 + cost of meter and associated materials Larger Meters 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. 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) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged on new accounts unless exempted as explained below: (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 property have substantially improved the water system. (c) 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. 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. For residential developments connection fees may be accepted on the following schedule: :7 NUMBER OF UNITS 1 To 4 5 to 15 16 or more DOWN PAYMENT Full amount One half of the fee One third of the fee Ordinance No. 1768 Page 6 of 13 Interest would be compounded annually, with prorating on the outstanding balance due. SECTION 5. 13.04.040 Sewer Fees. INSTALLMENTS None 3 Years at 8% 5 Years at 8% (1) 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 $750 per dwelling unit. For commercial units, offices, motels, convalescent centers and other nonresidential uses, the connection fee is $750 per ten fixtures or portion thereof. For all other structures that are served by municipal sewer, 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 overflow only, drinking fountains if noncontinuous flows and extra fixtures attached to existing or regular fixtures such as bed pan washers, showers over tubs and hose attachments on sinks. (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 $ 500 plus sales tax. (b) 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. (c) 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. (3) FEES IN LIEU OF ASSESSMENT: Fees in lieu of assessment shall be charged on new accounts unless exempted as explained below: (a) 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. (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. • Ordinance No. 1768 Page 7of13 (c) The Agreement Regarding the Latecomer Fees for Sewer ULID 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 ULID No. 6 or pay the ULID No. 6 latecomer fee. 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. The Facility Connection Fee as of November 1, 1999 shall be $ 1,763.63 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 10, inclusively, of the McCormick Woods Land Company shall have a Facility Connection Fee of $791.25 per dwelling unit. (b) Properties within the original City of Port Orchard ULID #1 boundaries shall not pay the Facility Connection Fee if the property had been assessed in the ULID #1. For commercial units, offices, motels, convalescent centers, and other non-residential uses, the Facility Connection Fee is $1,763,63 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) ULID #6 LATECOMER FEE: As per the Agreement Regarding Latecomer Fees for Sewer ULID 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 ULID who connect their properties to the improvements constructed as part of ULID No. 6. The City shall collect the latecomer fee at the same time as it collects applicable sewer connection charges and/or 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 1999 latecomer fee is $2,445.03. (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. For residential developments 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 prorating on the outstanding balance due. Ordinance No. 1768 Page 8 of 13 SECTION 6. 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 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 ten dollar charge added to the account. If the delinquent water and/or sewer charges remain unpaid over a period of thirty days after 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 M. The tum-off fee shall be twenty dollars, unless the same account should become delinquent during a twelve month period. On a second occurrence, the turn-off fee shall be thirty dollars. On the third occurrence and each subsequent occurrence, the tum-off fee shall be forty dollars. When a customer requests a turn-on/off of service outside 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. 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. SECTION 7. 13.04.060 Lions. The City Treasurer is directed to prepare and file a lien against any property where water andlor 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. A fee of $25.00 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 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. 13.04.070 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 $5.00 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. 1768 Page 9 of 13 (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. SECTION2, 13.O4.080 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) The property owner lives in the single family dwelling. (b) 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. (c) There is the capability of the apartment dweller to pass from the apartment to the house through an interior door. (d) 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. (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: (a) The property owner lives in the single family dwelling. (b) The apartment has both a separate full kitchen and full bath. (c) In order to be a converted home, the structure shall have been a single family residence for at least five years. (d) A converted home would not be charged an extra connection fee, but would be charged an extra monthly rate. (e) 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. (f) Rates for converted home apartments are effective the first day of the next month after passage and publication of this ordinance. Mother-in-law apartments and converted homes in existence at the time of passage of this ordinance shall be grandfathered and associated connection fees are waived. Ordinance No. 1768 Page 10 of 13 A duplex would still be charged two connection fees and two monthly rates and is not a single family residence. SECTION 10. 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. SECTION 11. 13.04.100 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 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 12. 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. SECTION 13. 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 which 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. SECTION 14. 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. Ordinance No. 1768 Page 11 of 13 (2) Gasoline, benzine, naphtha, 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. (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. (13) Any unauthorized use of an established Recreational Vehicle Dump Station for other than recreational vehicles or camp trailers. SECTION 15. 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. (b) 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. (c) The existing drainfield has failed and needs repair or replacement, as determined by the Health Officer. (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. Ordinance No. 1768 Page 12 of 13 SECTION 16. 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. SECTION 17. 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 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. (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: (a) Have a wastewater flow of fifty thousand gallons, or more, per average day. (b) Have a wastewater flow greater than one percent of the flow carried by the municipal system receiving the waste, (c) Include the discharge of a toxic material. SECTION 18. 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 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in the amount of Five Thousand ($5,000) 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. Repealer. Ordinance No. 1745 is hereby repealed in its entirety. SECTION 20. Savings Clause. Ordinance No. 1745, which is repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance. SECTION 21. 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.. C: Ordinance No. 1768 Page 13 of 13 PASSED by the City Council of the City of Port Or ard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 13th day o September, 1999. LESLIE J. WLATHERILL, MAYOR ATTEST: Patri is Parks, City Clerk APPROVED AS TO FORM: I , Lff, � � III, MWARZm City Attorney SPONSORED BY: (10 L=-::� C ncilman Clauson