Chapter 7.10
WATER SERVICE
Sections:
7.10.010 Application for water use.
7.10.020 Accounts – Payments.
7.10.025 Delinquency charge.
7.10.030 Suspension of water use – Procedure.
7.10.040 Access to buildings.
7.10.050 Access to curb cocks and meter covers.
7.10.060 Limitation on water use.
7.10.061 Water restrictions – Powers of the city.
7.10.062 Water restrictions – Surcharge.
7.10.063 Enforcement.
7.10.065 Suspension of service – Failure to comply with sewer connection notice.
7.10.070 Turn on and turn off charges.
7.10.080 Request for inspection of meters.
7.10.110 Charge and bill adjustments.
7.10.120 Service connections.
7.10.130 Service pipe – Depth and size – Work left uncovered until inspected.
7.10.140 Dormant services – Connections.
7.10.150 Service pressure corrections.
7.10.160 Stop and waste valves.
7.10.170 Water shut-off – Temperature relief valve, pressure relief valve, and check valve required.
7.10.180 Unlawful acts.
7.10.010 Application for water use.
All applications for the use of water shall be made at the development services department by the owner, or by the owner’s authorized agent, on printed forms furnished by said department for that purpose, and shall contain the name and description of the lot, block and addition. The applicant shall state the purposes for which the water is to be used and shall agree to conform to the ordinances, rules, and regulations, with modification which may be adopted, as a condition for use of water. [Ord. 3629 § 2, 2007; Ord. 2214 § 1, 1981; Ord. 2139 § 3, 1980; Ord. 413 § 9, 1929].
7.10.020 Accounts – Payments.
A. All accounts shall be kept in the name of the owner, and all charges shall be made against the property as well as the owner thereof. No change of ownership or occupancy shall affect the application of this section. All bills are payable within 25 days from the billing date. If water bills are not paid within a stated period, the water will be shut off. Water will be turned on after payment of the fees as set forth in ECC 7.10.070, in addition to the amount of delinquent charges.
B. At least 10 days before water is scheduled to be shut off, the administrative services director, or a designated city official, shall notify the owner and the occupant of the property. The owner shall be notified by mail at the address on the account, and the occupant shall be notified by mail, door hanger or other form at the property. Mailed notices shall be deemed received three business days after mailing. All notices shall contain the following:
1. Reason for water shut off;
2. Delinquent amount that needs to be paid to avert interruption in water service;
3. Instructions on scheduling a hearing to show that the account is not delinquent; and
4. The day on or after which water will be shut off.
C. After notification, the owner and the occupant shall be afforded the opportunity to present to the administrative services director, or a designated official, evidence that the delinquent charges have been paid. Such opportunity shall be afforded before the water is shut off; provided, that the owner or the occupant make a request for the same to the administrative services director, or a designated official, within three days of presumptive receipt of the notice. The burden shall be on the owner and/or occupant to prove that the delinquent charges have been paid.
D. After reviewing the evidence by the owner and/or occupant, the administrative services director, or the designated official to whom the evidence was presented, shall decide whether or not the account remains delinquent. The owner and the occupant shall be notified of the decision, and this decision shall not be subject to further appeal. If the account is found to be delinquent and water has not been shut off, water will be shut off as previously scheduled or three days after final decision, whichever date is later. If the account is not found to be delinquent and water has been shut off, water will be turned on without being subject to turn on and turn off charges in ECC 7.10.070. [Ord. 3629 § 3, 2007; Ord. 2214 § 2, 1981; Ord. 2139 § 4, 1980; Ord. 1942 § 1, 1977; Ord. 1385 § 1, 1968; Ord. 1082 § 1, 1965; Ord. 821, 1960; Ord. 413 § 10, 1929].
7.10.025 Delinquency charge.
A charge equal to 10 percent of the outstanding balance of the delinquent utility bill shall be added as a fee, except in cases of extraordinary hardship as determined by the administrative services director or his/her designee. The decision of the administrative services director can be appealed to the finance committee of the Edmonds city council. The account shall be considered delinquent 35 days after the sending of the regular billing. Such delinquency notice and billing will be provided 35 days following the mailing of a regular utility bill. This charge shall be applicable to all delinquent utility billing accounts. In order to be considered delinquent an account must total $21.00 or more of delinquency, and no delinquency charge shall be levied against any delinquent account under $21.00. This delinquency charge shall be paid prior to the application of any payment against the fee or charge initially assessed and nothing herein shall be interpreted to limit the city’s collection of its attorneys’ fees and other reasonable costs and charges in the event it is forced to seek judicial remedy for collection. [Ord. 3629 § 4, 2007].
7.10.030 Suspension of water use – Procedure.
Should a customer desire to discontinue the use of water for a period of time, notice thereof must be given in writing to the utility billing department. The water will then be shut off and turned on again upon notice to the utility billing department. The customer shall be required to pay charges as set forth in ECC 7.10.070. [Ord. 3629 § 5, 2007; Ord. 1942 § 2, 1977; Ord. 1448, 1969; Ord. 413 § 17, 1929].
7.10.040 Access to buildings.
Employees of the water division shall have access during business hours to all parts of buildings to which water may be delivered from the city mains for the purpose of ascertaining the number of rooms and families in the house or inspecting the conditions of the pipes and fixtures and the manner in which water is used. [Ord. 413 § 19, 1929].
7.10.050 Access to curb cocks and meter covers.
The water division shall have free access to curb cocks and water meter covers. All persons are prohibited from piling rubbish, building, or other materials thereon. [Ord. 413 § 20, 1929].
7.10.060 Limitation on water use.
In the event that a supplier notifies the city of a shortage of water or the director reasonably determines such a shortage to be imminent, the community services director or his/her designee is authorized to implement the water shortage response plan in order to efficiently safeguard the safety and health of the general public or to provide for the public convenience. The use of water in the city, or in any portion thereof, for irrigation, cooling, sprinkling or other uses may be forbidden, restricted, or regulated and such regulations may be made effective as to all customers or as to particular classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures hereby authorized.
A. Upon receiving notification from a water supplier of an impending water emergency, the community services director will notify the mayor and city council within 24 hours or on the next business day that a water emergency will be or has been declared.
B. The mayor or community services director will issue a public notification of the declaration of water emergency and imposition of restrictions.
C. Restrictions will be in effect immediately upon issuance of the public notification. Restrictions and the amount of surcharge for violations of mandatory restrictions will be posted and published within seven days of declaration at least one time in a daily newspaper of general circulation. Notification will be delivered to television and radio stations to provide public information coverage.
D. For emergencies when restrictions may extend beyond 21 days, public hearing before the city council will be scheduled by the community services director within seven days following the declaration of emergency. [Ord. 2774 § 1, 1990].
7.10.061 Water restrictions – Powers of the city.
The community services director or his/her designee shall conduct public education efforts regarding the benefits and necessity of conservation by the public, and is authorized to promulgate such rules and regulations as may be necessary to implement water use restriction. The regulations will be on file with the city clerk, and the regulations and any amendment thereto shall be effective 30 days after said filing with the city clerk. The community services director or his/her designee is further authorized to make exceptions to such restrictions in specific cases as he/she finds reasonable which may in the director’s discretion include, but are not limited to, watering newly seeded or sodded lawns, food sources, landscape ornamental plantings required by the architectural design board, when necessary to alleviate unnecessary economic hardship to commercial or industrial activities, or to prevent possible damage to health, safety or welfare. [Ord. 2774 § 2, 1990].
7.10.062 Water restrictions – Surcharge.
It is unlawful for any person to violate water use and restrictions and violation of these provisions shall be a misdemeanor punishable under the general penalty provisions of this code. In addition to other lawful remedies, the community services director or his/her designee is authorized to impose a surcharge for the first occurrence after a documented warning notice and each subsequent violation in which a customer’s water usage practices exceed water conservation restrictions as provided for in this chapter. Said surcharge will be added to and become a part of the water bill for the customer in addition to any service rate amounts as set forth in Chapter 7.10 ECC. Prior to the imposition of the first surcharge, a public works division representative shall deliver in person or post a notice at the service address advising of the customer’s water usage practices in excess of mandatory water shortage restrictions and advising that a surcharge may be imposed for any further violations. A copy of the violation notice shall also be mailed to the owner and/or occupant. The community services director shall promulgate regulations providing for appeal of any notice of violation. Appeals must be received within five working days of delivery of notice of violation.
A. Surcharges for violations of water restrictions in effect for the balance of 1990 and until thereafter adjusted shall be:
$25.00 for first violation;
$50.00 for each violation thereafter.
B. Surcharges for all customer classes will be reviewed annually based on actual or projected expenses of the water division necessary to maintain a water supply during an emergency. [Ord. 2774 § 3, 1990].
7.10.063 Enforcement.
A. The community services director, or his/her designee, including any employee of the city of Edmonds public works division, or field personnel of the community services department, or police officer of the city, shall have the authority to enforce the provisions of this chapter.
B. In addition to the surcharges provided in ECC 7.10.062, the community services director or his/her designee is authorized to install a water restricting device on the waterline or lines serving any person who commits a second or subsequent violation of any of the provisions of this chapter. Alternatively, after such notice of a violation as may reasonably be given based on the circumstances, the community services director or his/her designee may cause water service to be terminated for subsequent or continuing violation of water conservation restrictions. [Ord. 2774 § 4, 1990; Ord. 2214 § 3, 1981; Ord. 1942 § 3, 1977; Ord. 547, 1943; Ord. 413 § 21A, 1929].
7.10.065 Suspension of service – Failure to comply with sewer connection notice.
A. There exists within the city of Edmonds certain earth subsidence and landslide hazard areas, and other environmentally sensitive areas in which the discharge of sanitary waste from private septic tanks constitutes a hazard to the public health, safety and welfare of the city. Such areas may be designated by the city council or by order of the public works director. The Meadowdale landslide hazard area, as defined and described in documents on file with the city of Edmonds and available for inspection at the request of any individual, is hereby declared to be such an area. Failure of any owner or owners of residential or commercial structures located within such a designated area to connect with available sanitary sewers following notice given in accordance with RCW 35.67.190 is hereby declared to be a public hazard and nuisance.
B. When any owner or owners of property have failed to connect within the period established by written notification, the community services director or his designee shall cause a notification of shut-off of water service to be delivered to the owners of such properties by registered mail. The notice shall specify that water service shall be terminated by the city within 10 days of the date of notice unless:
1. The owner or owners shall cause the property to be connected to the public sewer within such period; or
2. The owner or owners shall apply for a building permit within said 10-day period and connect to the sewer line, present a written contract or adequate assurance between the owner and a licensed plumber evidencing an enforceable obligation and intent to connect to such line and provide a bond in an amount sufficient to fulfill the terms of such agreement in the event that the owner defaults thereon.
C. In the event the owner fails to connect to the sewer line within the 10-day period or to provide the adequate assurances required by subsection (B)(2) of this section, water service to such residential or commercial structures and to the property on which they are located shall be discontinued. Service shall not again be instituted until such time as the owner has connected to the sewer system, paid the actual costs of the city including, but not limited to, disconnecting, reconnecting, notifying the owner and otherwise taking action with respect to the requirements of this section. The actual cost thereof may vary, but the city council hereby establishes such reconnection fee to be $250.00; provided, however, that in the event the actual costs are greater, they may be imposed by written order of the community services director or his designee and the reconnection shall not be completed until such time such assessed costs are paid. In the event that the owner or owners believe that the reconnection charges are in excess of the amount actually incurred or which reasonably may be incurred the city, the owner or owners may appeal the set fee or additionally designated fee to the hearing examiner in the same manner as if it were a Type II decision (see Chapter 20.01 ECDC). [Ord. 3736 § 6, 2009; Ord. 2676 § 1, 1988].
7.10.070 Turn on and turn off charges.
The charge for turning on or off the water other than at the main shall be $20.00 if done during regular working hours. If the water is turned on or off at any time other than during regular working hours, the charge shall be $75.00. [Ord. 3629 § 6, 2007; Ord. 2880 § 2, 1992; Ord. 2214 § 4, 1981; Ord. 2179 § 2, 1980; Ord. 2139 § 5, 1980; Ord. 1942 § 5, 1977].
7.10.080 Request for inspection of meters.
The water division, upon the request of any water user, shall inspect the water meter on the user’s premises. A deposit of $20.00 shall be made with such request to cover the cost of such inspection. In the event such meter is found to be overregistering, such deposit shall be returned to the depositor; otherwise, said deposit shall be retained by the city. [Ord. 3629 § 7, 2007; Ord. 821, 1960; Ord. 413 § 22, 1929].
7.10.110 Charge and bill adjustments.
The administrative services director, or such authorized representative as he may designate, is authorized to make adjustments or corrections to billings for any charge for water service, including but not limited to connection charges, minimum monthly billings, meter charges, penalty and special charges, improperly charged rates, and, subject to the city council’s approval, the cancellation of uncollectible bills and accounts. [Ord. 3629 § 8, 2007; Ord. 2179 § 2, 1980].
7.10.120 Service connections.
A. All tapping of mains, installation of corporation cock, service pipe leading from the mains to the property line, as well as the turning on and off of the water shall be performed by the water division. All connections inside of the premises shall be made by the owner and at his expense.
B. In case of application for water service on premises not abutting upon a street upon which there is a city water main, the city will lay its connection from the main toward the premises for a distance equal to the distance from the main to the curbline, the distance in no case to exceed 40 feet, and permit connection therewith by means of a union, or may, at the discretion of the director of public works, upon advance payment of the estimated cost thereof, extend the service to the premises of the applicant, but shall not cross or enter private property. [Ord. 413 § 12, 1929].
7.10.130 Service pipe – Depth and size – Work left uncovered until inspected.
All pipes leading from the city’s service connection shall be laid not less than 24 inches below the surface of the ground and no work shall be covered up until it has been inspected and accepted by the water division. No such pipes smaller than three-fourths of an inch shall be used. [Ord. 413 § 13, 1929].
7.10.140 Dormant services – Connections.
Any service connection which shall have been inactive, unused or abandoned for a period of 60 days or the house removed from the lot for at least one day shall be considered a dormant service and the meter shall be removed by the water division. If a service connection is subsequently desired for all or a portion of the premises or property previously supplied by a dormant service, the owner of the premises or property or his authorized agent shall make application and pay a service charge in the amount shown in ECC 7.10.090.
7.10.150 Service pressure corrections.
A. Where the water pressure at the main is 80 PSI or greater, the customer may install an approved type strainer and pressure regulator on his own premises in an accessible location. All costs of installation, operation, and maintenance shall be borne by the customer.
B. In services where the water pressure at the main is considered by the customer to be lower than the desired pressure, such customer may, after first requesting and receiving approval of the director of public works, install a pump and pneumatic tank, or by other approved means provide increased pressure to the premises. The location of such installation shall be on the customer’s premises and he shall bear all costs of installation, operation, and maintenance thereof.
7.10.160 Stop and waste valves.
Customers shall, at their own expense, install and maintain all pipes, connections and fixtures from the meter placed by the city. All pipes must be provided with stop and waste valves, protected from freezing and accessible at all times to the customer. The valves shall be located in such manner that said pipes may be drained to prevent freezing and the water may be shut off to repair pipes, fixtures, and appliances, and also to safeguard premises from water damage in case the meter is accidentally turned on. Additional stop and waste valves shall also be placed at all low points in the pipes when they cannot be otherwise drained. The city shall refuse to turn on the water until the provisions of this section are complied with. The city shall not be responsible for freezing, accident or damage of any kind beyond the property line. [Ord. 2179 § 1, 1980; Ord. 413 § 14, 1929].
7.10.170 Water shut-off – Temperature relief valve, pressure relief valve, and check valve required.
A. The city may shut off water from the main at any time for the purpose of making repairs without giving advance notice to the property owner. The city shall not be responsible for any damage proximately caused by said shut-off or failure to give notice of said shut-off.
B. All persons having boilers on their premises for the purpose of heating with hot water or radiant heat are required to have installed, at their expense, a temperature relief valve, pressure relief valve, and a check valve. The owner of the premises shall be responsible to the city for any damages to city water meters caused by water from the owner’s premises. The city shall not be responsible for the safety of boilers, hot water tanks, piping or other similar apparatus on the premises of any water customer.
C. The provisions of subsection B shall apply to all boilers presently existing in the city and those installed in the future. All boilers not in compliance at the effective date of this section shall be brought into compliance within six months of the effective date of this section. [Ord. 2009 § 1, 1978; Ord. 413 § 15, 1929].
7.10.180 Unlawful acts.
It is unlawful for any person, corporation, or association to break, damage, or injure in any way any pipe, gate, meter or other water system appliance, or to interfere in any manner with the proper operation of any part of the water system of the city of Edmonds, or to make connection to or alterations in any pipe whereby water may be drawn from the city mains or to take water from any fire hydrant, bibb, pipe, or fixture of any kind, without first having secured a permit from the water division or proper city official. [Ord. 821, 1960; Ord. 413 § 16, 1929].