Title 13

PUBLIC UTILITIES

Chapters:

13.01      General Regulations

13.04      Repealed

13.08      Repealed

13.10      Water Utility Services

13.12      Water Emergency Response Plan

13.15      Wastewater System

13.16      Repealed

13.20      Reduced Utility Rates for Low-Income Senior Citizens and

            Low-Income Disabled Persons

13.25      Electrical Utility Distribution System

13.32      Utility Reimbursement Agreements

Chapter 13.01

GENERAL REGULATIONS

Sections:

13.01.010      Departments established.

13.01.020      Utility regulations and rates booklet.

13.01.030      Enforcement and penalties.

13.01.040      Restriction of utility service.

13.01.050      Unauthorized connections.

13.01.060      Tampering with utility meters.

13.01.070      Application and contract – Security deposit.

13.01.080      Change of use – Application and permit.

13.01.090      Limit of liability – Service interruptions.

13.01.100      Service connections ownership and maintenance.

13.01.110      Rates for utility services.

13.01.120      Utility payment due dates.

13.01.130      Meters required.

13.01.140      Water rights transferred to city.

13.01.150      System development charges.

13.01.160      Connection fees.

13.01.170      Lien for delinquency of payment.

13.01.180      Utility reimbursement agreements.

13.01.190      Reimbursement fees.

13.01.200      Equivalent residential units.

13.01.210      Meter placement and inspection.

13.01.220      Separate meters required.

13.01.230      Repair and replacement of meters.

13.01.240      Faulty meter – Computation of charge.

13.01.250      Meter reading – Right of entry.

13.01.260      Shared meter.

13.01.270      Unauthorized turn on – Disconnection – Charge.

13.01.280      Water shortage emergency.

13.01.290      Excavations – Safety requirements.

13.01.010       Departments established.

There are established and created a light department, sanitation department and water and wastewater department. The light depart­ment shall manage and operate city-owned electrical power systems and the supply and distribution of electrical power services to customers. The sanitation department shall manage and operate city refuse collection, refuse disposal and recycling programs. The water and wastewater department shall manage and control city-owned water and wastewater systems and the supply of water and wastewater services. The street department shall manage and control the storm water runoff and drain system.

The services for water, wastewater, electrical power, refuse collection, recycling and disposal, and the storm water drain system may be referred to collectively as “city utility services” and shall remain under the control, supervision and direction of the city administrator within the requirements established by the mayor and council through adopted ordinances, policies and budget constraints. (Ord. 945 § 6, 1999).

13.01.020       Utility regulations and rates booklet.

The city administrator may publish those regulations and rates for city utility services as authorized by CMC Title 13 and as adopted by resolution of the city council in the “City of Cashmere General Information Utility Regula­tions and Rates” booklet (Utility Regulations and Rates booklet) first adopted on September 26, 1994, and as may be updated as necessary by resolution of the city council to reflect changes in regulations, fees, and charges for city utility services. (Ord. 945 § 7, 1999).

13.01.030       Enforcement and penalties.

Any person, partnership, association, firm or corporation who violates or fails to comply with this CMC Title 13, is guilty of a civil infraction and is subject to the civil penalties and remedies and corrective actions as set forth in CMC 14.13.020 which remedies are cumulative, not alternative remedies, and are in addition to any other remedy to which the city may be entitled by law. Any violation of CMC Title 13, is declared to be a public nuisance, subject to abatement or injunctive relief in accordance with the laws of the state of Washington.

Theft of city utility services, fraudulent application or service connections shall be prosecuted to the fullest extent allowed by Washington state law. (Ord. 945 § 8, 1999).

13.01.040            Restriction of utility service.

No person supplied with water or electrical utility services may use the same for any purposes other than that stated in the application, or to supply any other person or persons, firm or corporation except as provided in this chapter. In case any person is found violating any of the provisions of this section, the administrator shall cut off service supplied to the premises of the person so offending and shall not restore such service until all nonpermitted and improper service connections have been disconnected and application has been made for the correction of the nonpermitted connection, has been submitted to the city and all connection charges have been paid along with any penalties or fines. (Ord. 945 § 8, 1999).

13.01.050            Unauthorized connections.

It shall be a violation of CMC Title 13 for any person to make connection to any utility belonging to or under the control of the city or make any such connection after service has for any cause been discontinued, or to install or construct any utility services that fail to meet or exceed the standards and regulation contained or adopted by CMC Title 13. (Ord. 945 § 9, 1999).

13.01.060            Tampering with utility meters.

It shall be considered a theft of city property for any person to disturb, interfere with or damage any utility metering device, or in any way to distort or bypass a meter’s ability to accurately record the amount of utility service used. (Ord. 945 § 10, 1999).

13.01.070            Application and contract – Security deposit.

The owner or the owner’s duly authorized agent shall sign each application for utility services.

A. Application for the use of utility services shall be made by written contract on printed forms furnished by the city. The application shall contain the legal description and location of the premises where utility services are desired and other pertinent information as required by the city administrator.

B. By signing the application, the applicant shall agree to the terms and provisions of CMC Title 13 and to conform to the rules and regulations set forth by resolution of the city coun­cil.

C. Each application for utility service shall include payment of an account service charge to be determined by the city council and set forth by resolution of the city council including any applicable charges authorized by this chapter.

D. At the time application for utility service is made, each applicant may be required to deposit with the clerk-treasurer a security deposit in the amount as fixed by resolution of the city council and published in the Regulations and Rates booklet. The security deposit may be refunded after six months provided the customer has maintained a current account and is not delinquent in any payments to the city.

E. All costs for extending utility services including main line extensions and service line connections shall be at the expense of the property owners who will benefit by receiving the new or extended services. Costs shall be prorated among all benefiting land owners in accordance with the equivalent number of residential units method described in CMC 13.01.200. (Ord. 945 § 11, 1999).

13.01.080            Change of use – Application and permit.

If the owner or occupant of any premises using any city utility service desires additional capacity or for purposes other than as stated in their original application, they shall make a new application following the procedures established in CMC 13.01.070. No person shall be permitted to make any alterations or changes to existing utility services without first securing an approved permit. All permitted changes or improvements shall be inspected in accordance with the inspection ordinance of the city before the utility service shall be placed in service. (Ord. 945 § 12, 1999).

13.01.090                 Limit of liability – Service interruptions.

A. The city reserves the right to shut off any city utility service at any time without notice. This may be done in order to make repairs, extensions or for nonpayments of utility ser­vice fees and charges or in case of accident to any part of the city utility system or for any other purposes. The city shall not be responsible for any damage caused by any interruption of utility service including the breaking of any pipe or fixture or damage to any electric motor or electric appliance or fixture stoppage or any loss of business revenue or any other damage resulting from the shutting off or restarting of the water or electric service.

B. Customers who have three-phase services shall have protective devices to prevent equipment damage in the event one or more phases is lost due to city equipment failure. (Ord. 945 § 13, 1999).

13.01.100       Service connections ownership and maintenance.

A. Water Service Line.

1.City Ownership of Water Mains. The city shall have ownership of all water mains that are located within right-of-way or a dedicated easement; provided, that the water mains have been accepted by the city. City ownership for water mains that extend onto private property without a dedicated easement terminate at the isolation valve located in the right-of-way, or at the right-of-way line when there is no isolation valve.

2.City ownership extends from the water main to the meter box when the meter box is located within the right-of-way or a dedicated easement. The city ownership extends from the water main to the isolation valve in the right-of-way when the meter is located on private property or to the right-of-way line when there is no isolation valve in the right-of-way.

3.The city shall own all meters and meter boxes regardless of whether they are located within the right-of-way or on private property.

B. Wastewater Service Line. The wastewater service line extends from the wastewater main to the building and is owned entirely by the property owner. All costs for installation, repair and maintenance are the responsibility of the property owner. The property owner shall repair any break or blockage on private property, public right-of-way, in an easement or within the building plumbing.

C. Electrical Service Line.

1.For electrical service, the city ownership ends at the point of delivery. The point of delivery is that point on the customer’s property specified by the city, where the city terminates its electrical service conductors by connecting to the property owner’s wires. The city retains ownership of the meter.

2.The point of delivery for an overhead service line must be such that the city’s service conductors can be terminated without attachment to the building. The property owner shall provide an insulated bracket attached to the service conduit below the weatherhead.

3.The point of delivery for an underground service may be a pole, transformer pad, transformer vault, handhole or other specified point. The property owner shall provide all trenching, backfill and restoration to a location determined by the city. (Ord. 1081 § 1, 2006; Ord. 1028 § 1, 2003; Ord. 945 § 14, 1999).

13.01.110       Rates for utility services.

The city council shall establish and as deemed appropriate amend by resolution rates to be paid for the consumption of water, electricity, wastewater and all other service and connection fees as provided by CMC Title 13. Whenever any such rules or regulations or rates are changed by the council, due notice thereof shall be given to the public by publication once in the official newspaper of the city, and published in the City of Cashmere General Information and Utility Regulations and Rates booklet. (Ord. 945 § 15, 1999).

13.01.120       Utility payment due dates.

All charges for utility services including water, wastewater, city electrical, and refuse services shall be due and payable at the office of the city clerk-treasurer on or before the seventeenth day of the month in which the bills are issued. Unpaid charges become delinquent on the first business day after the seventeenth at which time a delinquency notice will be mailed to the property owner.

An additional service charge, as set by resolution of the city council, shall be added to delinquent accounts for administrating delinquent notices and reconnections.

The administrator is authorized to discontinue any or all utility service of any utility customer in the event that the account becomes delinquent and has not been paid by the first business day of the next month. Delinquency in payment of any one utility fee shall be considered a delinquency of the entire account. (Ord. 945 § 16, 1999).

13.01.130            Meters required.

All rates for the use of city water and electrical utility services shall be on the basis of meter reading. Rates for wastewater services to residential customers shall be based on a flat rate per equivalent residential unit. Wastewater rates to industrial, commercial or public customers shall be based on the volume of water used and the type of wastewater generated (e.g., BOD loading, and presence of other substances that will require additional measures to treat the wastewater). (Ord. 945 § 17, 1999).

13.01.140            Water rights transferred to city.

As consideration pursuant to the 1995 “Agreement to Transfer Water Right”, the city of Cashmere shall continue to provide water to Blue Star Growers, Inc. at existing water rates for a period of 20 years (through 2015).

 

 

(Ord. 945 § 18, 1999).

13.01.150            System development charges.

The purpose of system development charges is to help defray the costs of past and future system improvements. Every new utility connection shall be assessed a one-time system development charge for each new utility service connection. Each city utility service (water, wastewater, electrical, and storm drains) is subject to a separate system develop­ment charge.

A. System development charges shall be based upon the number of equivalent residential units assessed. Any conversion of property use that increases the number of ERUs shall be assessed for the number of new ERUs created.

B. New commercial or industrial utility connections shall be assessed a system development charge based upon the number of ERUs or size of connection as specified in the CGI and UR and Rates booklet for the business.

C. System development charges for a specific utility service delivered to a specific development or parcel of land are one-time charges that are based on equivalent residential units.

1.At such time that additional connections are added on any parcel, the additional ERUs will be assessed as specified in the CGI and UR and Rates booklet.

D. All rates for utility system development charges shall be adopted by resolution of the city council and published in the City of Cash­mere General Information and Utility Regulations and Rates booklet, first adopted by Resolution 11-94 on September 26, 1994, and updated by resolution of the city council. (Ord. 945 § 19, 1999).

13.01.160            Connection fees.

Each new utility connection, installation or upsizing of an existing utility service shall be assessed a connection fee to cover the cost of labor and materials to make the service connection to the main line, and for any meters or other equipment necessary to install the service. Rates charged for making new connections or upgrades shall be adopted by resolution of the city council and published in the City of Cashmere General Information and Utility Regulations and Rates booklet. (Ord. 945 § 20, 1999).

13.01.170       Lien for delinquency of payment.

The owner of property to which utility services are provided shall be responsible for the payment for any utility services provided to such property. The property owner shall also be responsible for payment of all connection fees, repair costs, system development charges and any applicable utility local improvement charges or reimbursement agreement charges as are authorized by CMC Title 13.

Any billings for utility services, fees or charges for delivery of utility services to the property which have not been paid within 30 days of the last billing date shall become a lien against the real property to which the services are provided, as set forth in RCW 35.21.290 and 35.21.300. (Ord. 945 § 21, 1999).

13.01.180       Utility reimbursement agreements.

Development of new utility main lines may be accomplished by a utility local improvement district (ULID) established by petition of property owners as specified by Chapter 36.91 RCW, or when applicable by use of a utility reimbursement agreement meeting the requirements of Chapter 13.32 CMC. (Ord. 945 § 22, 1999).

13.01.190       Reimbursement fees.

Whenever the city constructs a new utility, improves or extends an existing utility, or accepts a utility which has been constructed as a utility reimbursement contract as provided for in Chapter 13.32 CMC, which will provide connections for or benefit only a limited number of properties within a defined geographic area, the owners of those properties who thereafter seek connection to the city’s utility through the improvement shall be required to pay, in addition to both general connection charges and system development charges, a “reimbursement fee” consisting of an equitable share of the costs which have been incurred for providing the utility improvement (or extension).

A. The amount of the “reimbursement fee” for all utilities, except storm water drains, that will be assessed shall be determined by the city according to the following procedure:

1.The total project cost of the utility improvement shall include all costs to design, engineer, construct, administrate, acquire additional easements or rights-of-way, and install the utility extension/improvement within a specific geographic area to be served by the utility improvement.

2.The total number of equivalent resi­dential units for a specific utility improvement project shall be determined by an engineering report. This report shall use the following fac­tors in determining the total equivalent residential units in a given area: the total land area, topography, anticipated land uses and zoning density.

3.The share per residential dwelling unit shall be determined by dividing the total project cost by the total number of equivalent residential units as determined in subsection (A)(2) of this section.

4.Reimbursement fees shall apply to all connections made for a period not to exceed 15 years after the date the city makes final acceptance of the improvement.

5.Reimbursement fees shall also be collected from any property owner outside of the initial benefit area who requests connection to the utility improvement. These reimbursement fees shall be 125 percent of the per equivalent residential unit cost.

B. Storm water runoff is a variable subject to site-specific conditions such as slope, percent of impervious surfaces, and soil conditions. Therefore, the amount of a “reimbursement fee” for storm water drains will be determined by the city according to the following procedure:

1.A professional engineer’s assessment shall be provided by the developer that determines the area and conditions after development and the resulting storm water runoff volume and velocity and potential pollutants that will enter the city’s storm drain system and the proportionate costs for adequate conveying of that volume of storm water through the storm drain system.

2.A reduced reimbursement fee may be considered for on-site efforts to control the volume and timing of storm water runoff entering the storm drain system such as detention ponds or basins, infiltration pits and trenches, deep catch basins, artificial wetlands, habitat areas or open space.

3.All storm drains shall include meth­ods to prevent pollutants from entering the storm drain system, as required by CMC 15.09.080. (Ord. 1018 § 1, 2002; Ord. 945 § 23, 1999).

13.01.200       Equivalent residential units.

The purpose of equivalent residential units (ERUs) is to assist in the fair proportioning of costs for new utility systems to the properties that will benefit from the new systems. One equivalent residential unit equals one single-family residence. Calculating of the maximum equivalent residential units for a parcel of land is accomplished by the following formula:

A. To determine the maximum number of ERUs per parcel of land for those areas which are zoned residential: divide the net land area available for development by the maximum number of single-family residential lots that could be created at maximum zoning density allowed by CMC Title 17 (net land area for development equals the gross land area less any area necessary for roads).

B. The minimum number of ERUs shall be not less than one per parcel of land.

C. A property owner may request that the number of ERUs determined for their property be determined based on the following factors:

1.Pending applications for dividing land; or

2.Physical property conditions, recorded easements, or legal factors that limit the potential for future development; or

3.A signed statement acknowledging that if additional connections above the number of ERUs assigned to the property are desired at a future date those connections shall be subject to the latecomer charges as authorized by CMC 13.01.190.

D For multifamily developments each dwelling unit shall be considered as 0.8 ERU.

E. Commercial, Industrial or Public Developments. The number of equivalent residential units shall be calculated by a professional engineer and based upon the design capacity of the development and volume of utility services to be consumed on a basis of equivalent utility as provided for in the CGI and UR and utility regulations and rates booklet.

F. Values to be assessed for each equivalent residential unit or fraction thereof shall be determined on a case by case basis as follows: Total actual development costs for a utility improvement project shall be divided by the total number of equivalent residential units that receive benefits. Total development costs shall include all actual costs directly related to the engineering, administration, and construc­tion of a utility improvement project. (Ord. 1018 § 2, 2002; Ord. 945 § 24, 1999).

13.01.210     Meter placement and inspection.

All meters and meter boxes and lids shall be the property of the city and shall be set and placed for use upon lands or structure at the applicant’s expense and shall be so placed as to render the meter or meters convenient and accessible to the inspection and reading thereof by authorized agents of the city.

A separate meter in accordance with the provisions of this chapter must connect each separate dwelling, building, block or structure. (Ord. 945 § 25, 1999).

13.01.220     Separate meters required.

Whenever any person desires to use water or electric current for purposes classified under different heads or rates, a separate meter shall be installed to measure the water or electric current at each rate. (Ord. 945 § 26, 1999).

13.01.230     Repair and replacement of meters.

In all cases where meters are lost, or damaged by fire, negligence or deliberate acts by the property owner or tenant, they will be replaced by a new meter and the cost shall be charged to the owner or occupant of the pre­mises. (Ord. 945 § 27, 1999).

13.01.240       Faulty meter – Computation of charge.

In the event a meter becomes out of order or fails to register the proper amount of utility service consumed, the owner or occupant of the premises where such faulty meter is being used shall be charged at the average rate of consumption which was recorded for the past 12 months that the meter or meters were in running order. (Ord. 945 § 28, 1999).

13.01.250       Meter reading – Right of entry.

The city administrator and or authorized agents are granted the right to enter all premises for the sole purpose of reading and inspecting any such utility meter or meters during normal city business hours. No service will be commenced until a fully operational meter has been installed and inspected.

Upon notice to the property owner, employees of the city and all other persons authorized by ordinances of the city shall have access, during normal city business hours, to any part of a structure which is being supplied with city water, wastewater or electric utility service for the purpose of inspecting the condition of water pipes and electric wiring and the fixtures used in such buildings and the manner in which they are being used. It is unlawful for any person to violate any of the provisions of this section. (Ord. 945 § 29, 1999).

13.01.260       Shared meter.

When two or more families, firms, or corporations are tenants in one building, or multiple-housing units under one ownership and use a city utility service through the same meter the charge shall be computed as follows: The total charges shall be billed to the property owner who shall be responsible for making payment in full. (Ord. 945 § 30, 1999).

13.01.270       Unauthorized turn on – Disconnection – Charge.

Should any unauthorized person turn on water or electric service or allow or cause a utility service to be turned on after it has been turned off by the city, the service pipes or electric wires shall be disconnected from the city water or electric system and a charge for the expense of disconnecting said utility, and a charge for reconnecting said utility shall be specified in the City of Cashmere General Information and Utility Regulations and Rates booklet. Repeated violations of this section shall be considered a theft of city utility services which shall be prosecuted to the fullest extent of the law. (Ord. 945 § 31, 1999).

13.01.280       Water shortage emergency.

The city council may declare a water shortage emergency and direct that one or more of the following measures be implemented to conserve water for basic household and domestic uses, excluding watering of lawns and gardens.

A. Direct water customers that lawn and garden watering be done only on designated days.

B .Direct that water customers cease all outside use of watering from city systems.

C. Direct that each water customer be allowed a certain number of gallons of water per specified time period, the number of gallons and time period to be determined by the severity of the drought conditions and any limits placed upon the city’s ability to withdraw water from all available sources.

D. Notice of a water emergency shall be in the official city newspaper weekly during the emergency and may also be posted or delivered to assure all customers receive timely notice. (Ord. 945 § 32, 1999).

13.01.290       Excavations – Safety requirements.

All excavations for building wastewater installations shall be properly safeguarded with lights and barricades so that the same may not be a menace to public safety. A permit shall be required for any work within a street right-of-way. All restoration and patching of streets, sidewalks, alleys, parkways and other public property disturbed in the course of the work shall be completed to the standards and specifications contained in the City of Cashmere Design Standards Manual and restored promptly in a manner satisfactory to the city. (Ord. 945 § 33, 1999).

 

Chapter 13.04

WATER AND LIGHT DEPARTMENT

(Repealed by Ord. 945)

Chapter 13.08

SEWER SYSTEM

(Repealed by Ord. 945)

Chapter 13.10

WATER UTILITY SERVICES

Sections:

13.10.010      Purpose.

13.10.020      Water service – Limitation outside city limits.

13.10.030      Design and construction standards.

13.10.040      Water connection – Requirements – Inspection.

13.10.050      Service pipes – Protection from freezing.

13.10.060      Water rates – City water station.

13.10.070      Water rates – Fire hydrant meters.

13.10.100      Adoption of state regulations.

13.10.110      Adoption of Accepted Procedure and Practice in Cross-Connection Control Manual.

13.10.120      Implementation of cross-connection control program.

13.10.130      Prevention of backflow and back-siphonage.

13.10.140      Inspections.

13.10.200  Fire protection – Requirements – Testing.

13.10.210  Fire protection violations – Charges and penalties.

13.10.220  Fire hydrant – Obstruction prohibited.

13.10.230  Fire hydrant – Unauthorized use prohibited.

13.10.010       Purpose.

To establish policies and regulations specific to the provision of water utility services within the city of Cashmere. (Ord. 945 § 34, 1999).

13.10.020       Water service – Limitation outside city limits.

The adopted rates for services rendered outside the city limits do not in any way reflect the city’s ability or desire to provide services outside the city limits. The inclusion of rates in the City of Cashmere General Information Utility Regulations and Rates booklet for services outside the city limits is intended to service existing accounts only.

New accounts for water service for properties outside of city limits, at the time of application, will be approved only after the property has been annexed into the city limits. Existing services outside of the city limits prior to May 10, 1999, shall be provided by contract and upon criteria established by the city council and existing at the time of application.

Water utility service shall not be provided to any property that is not connected to the city wastewater utility service. (Ord. 945 § 35, 1999).

13.10.030       Design and construction standards.

All water system designs, materials, excava­tions, backfilling and patching of roads or sidewalks and workmanship for extension of water mains and service connections up to the point of delivery shall comply with the specifications contained within the City of Cashmere Design Standards Manual. (Ord. 945 § 36, 1999).

13.10.040       Water connection – Requirements – Inspection.

All taps into the city water main and installation of water meters shall be made only by city personnel. All other trenching and lines necessary for service connections shall be made by the property owner with inspection and approvals by the city for all work conducted between the main and the point of delivery (meter). (Ord. 945 § 37, 1999).

13.10.050       Service pipes – Protection from freezing.

Service connection lines for the supply of water shall be controlled by a stop and waste cock with extension handle properly protected from the frost and so placed within the premises that the service pipes may be drained during freezing weather. No remission of rentals or of fixed or minimum charges will be allowed on account of frozen pipes or on the premises where water is being delivered and the city shall not be held liable for damages caused on account of any frozen pipes whatsoever. (Ord. 945 § 38, 1999).

13.10.060       Water rates – City water station.

Rates for water consumption shall be set by resolution of the city council and published in the City of Cashmere General Information and Utility Regulations and Rates booklet.

The city is authorized to sell water from the city standpipe at the corner of Mission Avenue and Woodring Street at a rate to be set by the city council. (Ord. 945 § 39, 1999).

13.10.070       Water rates – Fire hydrant meters.

The city administrator may issue a permit for connecting to a fire hydrant for water necessary during construction of streets, subdivisions, or other public works projects. Any such connection shall be easily removable to allow emergency access by the fire department. Rates for water from a fire hydrant shall be set by resolution of the city council. (Ord. 945 § 40, 1999).

13.10.100       Adoption of state regulations.

The rules and regulations of Chapter 248-54 WAC pertaining to public water supplies as presently set forth therein or as such rules and regulations may be amended from time to time in the future, are hereby adopted by this reference and incorporated herein as though fully set forth. (Ord. 945 § 41, 1999).

13.10.110       Adoption of Accepted Procedure and Practice in Cross-Connection Control Manual.

The most recent edition of the Accepted Procedure and Practice in Cross-Connection Control Manual, published by the Pacific Northwest Section, American Waterworks Association, is adopted by this reference and incorporated herein as though fully set forth. (Ord. 945 § 42, 1999).

13.10.120       Implementation of cross-connection control program.

City administrator or designee shall be responsible for implementation of the cross-connection control program. In implementing the program, any authorized representative of the city may take action as required. (Ord. 945 § 43, 1999).

3.10.130       Prevention of backflow and back-siphonage.

To prevent backflow or back-siphonage, the following are the minimum requirements:

A. If the city supplies water to a premises having an auxiliary water supply, such as well water, irrigation ditch water, there shall be required an approved double check valve assembly at the service connection.

B. If the city supplies water to a premises on which there is an auxiliary water supply and/or the handling of chemicals, or liquids in piping systems where internal cross-connections that are not correctable or intricate plumbing arrangements which make it impractical to the city to ascertain whether or not cross-connections exist, there shall be required a reduced pressure type back-flow prevention device at the service connection.

C. If the city supplies water to a premises on which materials dangerous to health or wherein toxic substances are handled, there shall be installed a reduced pressure type back­flow prevention device at the service connection. Additional anti-siphon devices may be required at other locations within the premises to avoid cross contamination of water supplies.

D. If the city supplies water to premises whose entry is physically restricted so that inspection for cross-connections cannot be made sufficient to assure that cross-connec­tions do not exist, there shall be installed a reduced pressure backflow prevention device at the service connection.

E. If the city supplies water to premises on which any substance that is not a health hazard but is under pressure so as to enable entry into the public water supply or where a cross-connection could reasonably be expected to be present, there shall be installed a double-check valve assembly at the service connection.

F. If the city supplies water to premises having a repeated history of cross-connections being established or reestablished, there shall be installed a double check valve assembly at the service connection. (Ord. 945 § 44, 1999).

13.10.140       Inspections.

The control of cross-connections requires cooperation between the customer and the city. Avoiding and eliminating cross-connections and sanitary hazards requires inspection of all new and existing buildings, structures and grounds by the city and an inspection program shall be conducted as outlined below.

A. New and Proposed Construction.

1.Upon application for water connec­tion to a new or proposed building which exceeds 30 feet in height or is considered to be a possible cross-connection health hazard, there shall be required in addition to said application, in writing, the size, type and location of any and all backflow devices pertaining to the premises to be submitted to the city water department.

2.Before connection to the water sys­tem of the city, all backflow devices and possible cross-connections shall be examined by an authorized water department representative.

3.Water connection will be allowed by the city only after approval in writing by the authorized water department representative.

B. Existing Buildings, Structures and Premises.

1.Based upon identification and assessment of potential cross-connection hazards in the water system, an initial inspection of all premises receiving water from the city will be conducted by an authorized representative of the water department certified in cross-connection control by the Department of Social and Health Services.

2.The inspection shall proceed according to the following steps:

a. A letter will be sent to each commercial metered customer explaining the program and stressing the relationship between cross-connections and water-borne disease epidemics, types of health hazards in cross-connections normally to be found and will include also the duties and liabilities of the owners or managers of the premises and the rules and regulations applicable to them. The letter shall also include a brief checklist of desired information, including, but not limited to, the type of water used on the premises, auxiliary water supplies, chemicals used and certain types of fixtures installed. The information shall be returned to the water department.

b. Based upon the known information of the commercial customer’s operations and the information received from the commercial customer, an inspection schedule will be prepared based upon the degree of hazard present.

c. No less than 10 days prior to the scheduled date of inspection, a letter will be directed to the commercial customer requesting an appointment with the owner/manager of the premises to discuss the necessity for the inspection and other pertinent matters.

d. On the appointed date and time, the city administrator or his authorized representative will meet the owner/manager and explain the purpose of the inspection, request permission to make the inspection, suggest to the owner/manager that he or she appoint an individual from his or her firm that is knowledgeable with the plumbing system to accompany the inspectors, obtain any blueprints or drawings of the “in plant” system that are available and discuss any questions or other concerns the owner/manager may have.

e. On the scheduled date both a building inspector from the city and a water department inspector from the city, with a plant representative, if any, will make a complete physical survey of all exposed piping and the underground system, if possible, with each line being followed to its end and a survey being made to determine whether there are any actual or potential cross-connections or any other conditions that may tend to pollute the potable water system.

f. Immediately upon completion of the survey and inspection, the building inspector and water department inspector will orally brief the owner/manager and/or the plant representative of their findings.

g. The building inspector and water department inspector shall then prepare a written report to include the following:

i. Identifying information,

ii. All cross-connections found, their location and optional methods of control,

iii .All industrial fluids, chemicals or other contaminating liquids discovered and/or pumped under pressure and their use and probability of cross-connections,

iv. Any applicable drawings, sketches, blueprints or other documents used in support of the inspections,

v. A summary of findings,

vi. Specific recommendations.

h. Three copies of the written report shall be submitted to the city administrator.

i. The city administrator or his authorized representative, upon completion of review of the written report, shall prepare a letter to the owner/manager of the premises outlining the findings of the report and the corrective action required, if any, and further establish a corrective action completion date by which corrective action must be completed. A copy of the letter and written report will be sent to the public health officer of the Chelan-Douglas health department.

j. On the corrective action completion date, a water department inspector shall re-inspect the items that required corrective action.

k. Upon completion of re-inspection, the water department inspector shall report in writing to the city administrator the results of the reinspection.

l. After receipt of the results of the reinspection and the evaluation of the same, the city administrator or his authorized representative shall take such action as deemed appropriate, including, but not limited to, a referral to the city attorney’s office for enforcement action.

m. When all corrective actions have been completed, all documents shall be placed in the cross-connection control file.

n. Further inspection shall be accomplished annually or more often as necessitated by the degree of hazard. (Ord. 945 § 45, 1999).

13.10.200 Fire protection – Requirements – Testing.

Pipes for fire protection devices must be fitted with such fixtures as are needed for fire protection and no other fixtures shall be allowed connected therewith. The administrator shall seal each and all fixtures for fire protection. When practicable the hose shall be kept attached to the fixtures and suspended conveniently for use in case of fire. Persons having no such connections for fire protection may test their fire apparatus at any time under the following rules and conditions:

A. Written notice must be given to the administrator, stating the day and hour when it is desired to make the test. The administrator will then fix said time or such other time as is convenient by his or her order.

B. All tests must be made in the presence of the administrator or employees of his or her department, whose duty it shall be to remove and replace the seals of the water and wastewater department upon the fire apparatus and noting the time required for making such tests.

C. Seals may not be removed except in case of fire and after the same have been so removed a written notice shall be filed with the administrator at his or her office stating the time, hour and duration of use for such fire purposes. (Ord. 945 § 46, 1999).

13.10.210 Fire protection violations – Charges and penalties.

If any person uses any fire protection apparatus or fixtures or breaks the seals provided for in CMC 13.10.200, except in case of fire, or violates any of the provisions of CMC 13.01.280, the administrator shall charge such amount as in his discretion is right and proper for the water used or he may assess the owner or occupant a penalty of $5.00 for the first offense and $10.00 for each successive offense, which penalty shall be entered and collected against the owner or occupant of the premises upon which fire protection fixtures are located and collect the same as other water rents and charges are collected; provided, however, that no charge shall be made for water used in extinguishing fires. (Ord. 945 § 47, 1999).

13.10.220 Fire hydrant – Obstruction prohibited.

It is unlawful for any person to obstruct or hinder the access to any fire hydrant by placing around or upon the hydrant any brick, lumber, stone, dirt or any other material or thing, or to permit or cause to be permitted any such material to be placed around or thereon by those in his employ, or in any other manner not mentioned herein obstruct the free access to any such fire hydrant in the city. (Ord. 945 § 48, 1999).

13.10.230 Fire hydrant – Unauthorized use prohibited.

All fire hydrants shall be under the control and shall be kept in repair by the water and wastewater department and by the fire department in case of fire and such other persons as the administrator may authorize to have free access to the hydrants. It is unlawful for all other persons to open any fire hydrant or attempt to draw water therefrom without a permit or willfully or carelessly injure the same. (Ord. 945 § 49, 1999).

Chapter 13.12

WATER EMERGENCY RESPONSE PLAN

Sections:

13.12.010      Purpose.

13.12.020      Authority.

13.12.030      Emergency levels.

13.12.040      Implementation.

13.12.050      Enforcement.

13.12.060      Variance.

13.12.070      Appeal.

13.12.010       Purpose.

It is in the public interest to promote the conservation of the city’s water supply in order to protect the health, welfare, and safety of water users in times of water emergency. The city reserves the right to exercise its police powers through emergency measures as set forth in this chapter. (Ord. 1062 § 1, 2005).

13.12.020       Authority.

The mayor, when necessary for the protection of the public health, safety, and welfare, shall have the authority to declare various levels of water emergencies, determine the dura­tion and to implement the water conservation measures set forth in this chapter. (Ord. 1062 § 1, 2005).

13.12.030       Emergency levels.

The following policies and procedures shall apply for various levels of water emergency as set forth in this section:

A. Level 1 – Anticipate Serious Water Shortage. The mayor may declare a Level 1 water emergency when a water shortage is anticipated but not immediate and voluntary reductions in consumption are necessary. At this response level public works departments will begin making internal preparations. Staff will notify water users of the necessity of water conservation and request voluntary conservation. Staff will also provide the public with methods of water reduction, and newsletters and newspaper articles encouraging voluntary water conservation. Staff will contact large water consumers first, encouraging them to implement water reduction measures.

B. Level 2 – Critical Water Shortage – Limited Outdoor Restrictions. The mayor may declare a Level 2 water emergency when water supplies are critically impacted and water demand must be reduced. The mayor is further authorized to prohibit or regulate nonessential uses of water within the water system during such times as there is an actual or impending water shortage, pressure loss in the distribution system, or for any other reasonable cause inside or outside of the city. The mayor is authorized to implement any or all of the following elements:

1.Specified days or hours for irrigating, sprinkling or watering lawns, gardens and city parks and facilities;

2.Prohibiting runoff from irrigation, sprinkling or watering lawns and gardens;

3.Discontinuance of washing sidewalks, walkways, driveways, parking lots, patios, streets and other exterior paved areas by direct hosing, except as may be necessary to prevent or eliminate materials dangerous to the public health and safety;

4.Require breaks or leaks in customers’ water services be repaired within 48 hours after the break or leak is discovered, or consumer receives notice from the city that such a leak or break exists;

5.Prohibit watering of commercial or industrial landscape areas;

6.Prohibit washing of privately owned vehicles, trailers, boats, etc., except at a com­mercial establishment specifically for that purpose.

C. Level 3 – Emergency Water Shortage – Mandatory Outdoor Restrictions and Indoor Conservation. The mayor may declare a Level 3 water emergency when a water shortage exists such that maximum flow reduction is immediately required, water available to the city is insufficient to permit any irrigation, watering, or sprinkling, and all available water is needed solely for human consumption, sanitation and fire protection. The mayor is authorized to implement such emergency water and/or sewer rates as are deemed necessary and he/she may prohibit all nonessential uses of water, including but not limited to the following elements:

1.Washing of vehicles at home;

2.Watering lawns and landscaping;

3.Filling of swimming pools, hot tubs or spas;

4.Shut down the city standpipe except to city residents who depend on the standpipe as a sole source of water;

5.Industrial users reduce water consumption by 10 percent. (Ord. 1062 § 1, 2005).

13.12.040       Implementation.

Prior to the implementation and enforcement of any of the above levels, the mayor shall take reasonable efforts to circulate information to customers regarding the water emer­gency response plan, which shall include, at a minimum, publication in the official newspaper of the city at least one week in advance of the effective date and contact radio stations to air public service announcements of the level of restriction. If, at any time, urgent circumstances exist that require immediate notification, implementation and enforcement, the mayor may provide notification to affected customer(s) by personal service, posting notices at customers’ residences, and/or by posting notices at public locations: city hall, library, post office, etc. (Ord. 1062 § 1, 2005).

13.12.050       Enforcement.

The mayor or designee shall have the authority to enforce the provisions of this chapter. (Ord. 1062 § 1, 2005).

13.12.060       Variance.

The mayor or designee may grant a temporary variance for the prospective use of water otherwise prohibited by this chapter. The variance shall be in writing and shall be based on a determination by the mayor. The variance shall indicate the unusual circumstance that would result in an extraordinary hardship that would adversely affect the health, sanitation, or fire protection of the applicant. The determination of the mayor shall be final unless appealed. (Ord. 1062 § 1, 2005).

13.12.070       Appeal.

The applicant that is adversely affected by the decision of the mayor may appeal the determination to the city council, in writing within 24 hours of the mayor’s determination. The 24-hour period shall exclude Saturday, Sunday and legal holidays. The city council’s decision shall be final and may not be appealed. (Ord. 1062 § 1, 2005).

Chapter 13.15

WASTEWATER SYSTEM

Sections:

13.15.010      Connection to city wastewater system required.

13.15.020      Separate and independent line required – Waived when.

13.15.030      Wastewater service – Limitation outside city limits.

13.15.040      Depositing or permitting waste prohibited.

13.15.050      Discharge to streams or storm drains prohibited.

13.15.060      Discharge of certain waters prohibited.

13.15.070      Wastewater discharge prohibitions.

13.15.080      Privy, septic tank or cesspool prohibited.

13.15.090      Industrial waste pretreatment required.

13.15.100      Design and construction standards.

13.15.110      Grease and sediment traps required.

13.15.120      Opening or disturbing system – Permit required.

13.15.130      Damaging property of the system prohibited.

13.15.140      Connection by city – Collection for costs.

13.15.150      Wastewater rates – Service fee schedules.

13.15.160      Repair of defective side sewer.

13.15.170      Compliance with provisions required – Violation procedure.

13.15.180      Sewer lift stations – Private.

13.15.010       Connection to city wastewater system required.

A. All buildings within the city limits designed and constructed for residential, business, commercial, public, or industrial purposes shall have all sanitary facilities connected to the city wastewater system.

After the adoption date of an ordinance to annex an area into the city, all existing developments shall be connected to the city wastewater system when its existing on-site treatment system fails, and where existing wastewater lines are available within 300 feet of any property line.

1.Any of the following shall be cause for classification as a “failed” on-site wastewa­ter treatment system:

a. Determination by Chelan County health district that system no longer is capable of processing wastewater.

b. If it becomes necessary to replace or relocate the drain-field, or any of the drain-field piping.

c. If it becomes necessary to replace, relocate, or perform major repairs to the septic tank.

B. After the adoption date of an ordinance to annex an area into the city, all new developments shall be required to be connected to the wastewater system where existing wastewater main lines are available within 300 feet of any property line. (Ord. 990 § 1, 2001; Ord. 945 § 50, 1999).

13.15.020       Separate and independent line required – Waived when.

A separate and independent building wastewater line shall be provided for each building, for connection with the public wastewater system; provided, that where feasible this requirement may be waived upon submission of alternate plans approved by and thereafter constructed under the supervision of the administrator. A permit must be obtained from the city for each property connected and connection charge must be paid for each as mentioned hereinafter. (Ord. 945 § 51, 1999).

13.15.030       Wastewater service – Limitation outside city limits.

The adoption of rates in the City of Cashmere General Information Utility Regulations and Rates booklet for wastewater services to property outside the city limits does not in any way effect the city’s ability or desire to provide services outside the city limits. The inclusion of rates for services outside the city limits is in no way to be construed as an implied contract to provide services. Services outside of the city limits may be provided by contract and upon criteria established by the city council and existing at the time of application. No petition for providing wastewater service shall be accepted or approved for any property located outside of the urban growth area as adopted by the board of Chelan County commissioners. (Ord. 945 § 51, 1999).

13.15.040       Depositing or permitting waste prohibited.

It is unlawful for any person to place, deposit or permit to be deposited upon public or private land, any human or animal waste, garbage, excrement, or other waste that could be a hazard to public health and safety. (Ord. 945 § 52, 1999).

13.15.050       Discharge to streams or storm drains prohibited.

It is unlawful to discharge, to any stream, storm water drainage system, wetland, or other area that drains into surface water, any sanitary sewage, industrial wastes or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter and applicable state and federal laws. (Ord. 945 § 53, 1999).

13.15.060       Discharge of certain waters prohibited.

No person shall discharge or cause to be discharged any storm water, surface water, ground water, roof runoff, subsurface drainage, cooling water or unpolluted industrial process waters into the public wastewater system. (Ord. 945 § 54, 1999).

13.15.070       Wastewater discharge prohibitions.

The following substances and materials are prohibited from being discharged or otherwise introduced into the city of Cashmere wastewater system: any pollutant(s), either alone or in conjunction with a discharge or discharges from other sources, that causes pass-through or interference with the city’s collection system or treatment plants, including but not limited to:

A. Pollutants which by reason of their nature or quantity are, or may be, sufficient either alone, or by interaction, to:

1.Create a fire or explosion (including, but not limited to, wastestreams with a closed cup flash point of less than 60 degrees centi­grade (140 degrees Fahrenheit) using the test methods specified in 40 CFR 261.21);

2.Create a public nuisance or hazard to life;

3.Prevent entry into the wastewaters for their maintenance or repair; or

4.Be injurious in any other way to the city’s wastewater system or its personnel;

B. Pollutants that have any corrosive property capable of causing damage or hazard to city structures, equipment, or personnel, but in no case discharges with pH lower than 5.0 or greater than 11.0 standard units, unless the city system is specifically designed to accommodate such discharges and the discharge is authorized by a valid discharge permit;

C. Heat in amounts that will inhibit biological activity in the city’s treatment plants which cause, or may cause, pass-through or interference, but in no case heat in such quantities that the temperature at the treatment plant headworks exceeds 40 degrees centigrade (104 degrees Fahrenheit) unless the treatment plant is designed to accommodate such discharges and the Washington State Department of Ecology approves in writing and prior to discharge, upon request of the city, alternate temperature limits;

D. Any pollutant, including oxygen-demanding pollutants (BOD, etc.) released in either a slug load or continuous discharge of such volume, flow rate and/or pollutant con­centration which will cause, or may cause, pass-through or interference of the wastewater system;

E. Solid or viscous pollutants in amounts that cause, or may cause, obstruction to the flow in wastewaters or otherwise interfere with operations or maintenance of the waste­water system;

F. Petroleum oil, non-biodegradable cutting oil, or products of mineral origin in amounts that will cause, or may cause, pass-through or interference of the wastewater system;

G. Pollutants which result in the presence of toxic gases, vapors, or fumes within the wastewater system in a quantity which cause, or may cause, acute worker health and safety problems;

H. Any trucked or hauled wastewater or pollutants, except at discharge points designated and permitted by the city;

I. Non-contact cooling water, unpolluted storm water, or any other direct water inflow sources which do not require treatment or would not be afforded a significant degree of treatment by the city’s treatment plants;

J. Wastewaters containing dangerous waste, as prohibited by Chapter 173-303 WAC. (Ord. 945 § 55, 1999).

13.15.080       Privy, septic tank or cesspool prohibited.

It is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of wastewater other than through the city wastewater system.

Exception: for construction sites, special events, or other temporary public activities the use of portable toilets shall be allowed; provided, that adequate maintenance is provided to keep the units in a clean and sanitary condi­tion. (Ord. 945 § 56, 1999).

13.15.090       Industrial waste pretreatment required.

All industrial wastes shall be pretreated at the source to meet the minimum recommendations of the State Pollution Control Commis­sion and State Health Department. (Ord. 945 § 57, 1999).

13.15.100       Design and construction standards.

Design and construction of all wastewater and systems shall meet or exceed the standards and specifications contained within the City of Cashmere Design Standards Manual. (Ord. 1028 § 2, 2003; Ord. 945 § 58, 1999).

13.15.110       Grease and sediment traps required.

All commercial and industrial develop­ments that involve the use of chemicals, greases or oils shall be required to install grease traps in accordance with the Uniform Plumbing Code. All commercial and industrial developments that involve processes that gen­erate sediments which could clog wastewater system pipes shall be required to install sedi­ment traps. All sediment traps and grease traps shall be properly maintained and shall be sub­ject to routine inspection by city of Cashmere water and wastewater department authorized personnel. (Ord. 945 § 59, 1999).

13.15.120       Opening or disturbing system – Permit required.

No person shall uncover, make any connection with or opening into, use, alter, or disturb any public wastewater utility facilities without first obtaining a written permit from the city administrator. No person shall open, alter, or disturb the streets or alleys of the city for the purpose of making connection with the public wastewater system without first obtaining a public right-of-way excavation permit. (Ord. 1028 § 3, 2003; Ord. 945 § 60, 1999).

13.15.130       Damaging property of the system prohibited.

No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenances, or equipment which is a part of the public wastewater and storm water systems. (Ord. 945 § 61, 1999).

13.15.140       Connection by city – Collection for costs.

In the event the building wastewater and connection are not made within the time herein provided for following notice, the administra­tor is authorized and directed to cause the same to be made and to file a statement of the cost thereof with the city clerk-treasurer and there­upon a warrant shall be issued under the direc­tion of the city council against the wastewater fund for the payment of such cost. Such amount, together with a penalty of 10 percent thereof, plus interest at the rate of eight percent per year from such date until paid upon the total amount of the cost and penalty, shall be assessed against the property upon which such building wastewater and connection is not placed as required, and shall become a lien thereon as herein provided. Such total amount, when collected, shall be paid into the water, wastewater fund of the city. (Ord. 945 § 62, 1999).

13.15.150       Wastewater rates – Service fee schedules.

The city council shall adopt by resolution the service fee schedule for wastewater service, connection fees, system development fees and other fees as may be authorized by this chapter. All such fees shall be published in the City of Cashmere General Information and Utility Regulation and Rates booklet.

Schedule 4-ST Tree Top Wastewater Service (this schedule available to Tree Top, Inc. only). Tree Top Inc. wastewater rate shall be set by contract that is based on a proportionate share of cost of pretreatment plant and lagoon treatment plant, debt, maintenance, operations, and capital improvements. (Ord. 945 § 63, 1999).

13.15.160       Repair of defective side sewer.

Whenever any side sewer line becomes inadequate or unable to prevent infiltration and/or inflow from entering into the public wastewater system due to damage, deteriora­tion, improper installation or substandard materials of the side sewer line, the owner of the property served by the defective side shall repair, replace or disconnect the side line, as deemed necessary the city administrator or his/her designee. The owner shall stop further infiltration and inflow from entering into the side sewer line. (Ord. 1028 § 4, 2003).

13.15.170       Compliance with provisions required – Violation procedure.

When any side sewer is constructed, laid, connected, or repaired and does not comply with the provisions of this chapter, or whenever it is determined by the Chelan-Douglas health district or the city administrator that a connection or side sewer is obstructed, broken or inadequate and/or is a menace to health or is liable to cause damage to public or private property, notice shall be given to the owner, agent or occupant of the property at which such conditions exist, and if such owner, agent or occupant fails to repair or replace same after 24 hours when notified to do so, the water service shall be temporarily discontinued until repair or replacement has been made and may be subjected to the enforcement and penalties set forth in CMC 13.01.030. (Ord. 1028 § 5, 2003).

13.15.180       Sewer lift stations – Private.^[1]

In the event the city is requested to assume ownership of a private lift station, said lift station shall serve two or more users and be located in a public right-of-way or a dedicated easement adjacent to a public right-of-way to facilitate access by city crews. Single user lift stations shall not be maintained by the city. (Ord. 1045 § 1, 2004).

 

Chapter 13.16

CROSS-CONNECTION CONTROL

(Repealed by Ord. 945)

Chapter 13.20

REDUCED UTILITY RATES FOR LOW-INCOME SENIOR CITIZENS AND LOW-INCOME DISABLED PERSONS

Sections:

13.20.010      Discounts granted.

13.20.020      Repealed.

13.20.030      Repealed.

13.20.040      Application of low-income senior citizens and low-income disabled citizens rates.

13.20.010       Discounts granted.

Pursuant to RCW 74.38.070, the city of Cashmere desires to grant discounts for water, wastewater and electrical rates for low-income senior citizens and low-income disabled citizens as hereinafter defined. The definition of low-income senior citizen and low-income disabled citizen for purposes of qualifying for the utility discount rates and the discount rates shall be adopted by resolution and set forth in the City of Cashmere General Information and Utility Regulations and Rates booklet as amended from time to time by further resolution of the city council. (Ord. 1078 § 1, 2006; Ord. 945 § 5, 1999; Ord. 820 § 1, 1993; Ord. 792 § 1, 1992).

13.20.020       Qualifications – Low-income senior citizens.

Repealed by Ord. 1078. (Ord. 820 § 2, 1993; Ord. 792 § 2, 1992).

13.20.030       Qualifications – Low-income disabled citizens.

Repealed by Ord. 1078. (Ord. 820 § 3, 1993; Ord. 792 § 3, 1992).

13.20.040       Application of low-income senior citizens and low-income disabled citizens rates.

A. To receive the discounts allowed in this chapter the low-income senior citizens and/or low-income disabled citizens must own or rent their home and pay for the utilities for which the discounts are allowed.

B. Only one discount shall be allowed per household. (Ord. 792 § 4, 1992).

 

Chapter 13.25

ELECTRICAL UTILITY DISTRIBUTION SYSTEM

Sections:

13.25.010      Electrical service area.

13.25.020      Electrical service fees and charges.

13.25.030      System disturbances.

13.25.040      Customer power outage.

13.25.050      Changes to service.

13.25.060      Wiring inspections.

13.25.070      Electric system connection charges.

 

13.25.010       Electrical service area.

The city light department maintains and operates the electrical utility distribution system within portions of the city as specified by contract with the Chelan County public utility district. This boundary is fixed and will not be changed by annexation into the city. (Ord. 945 § 64, 1999).

13.25.020       Electrical service fees and charges.

Rates for electrical service, connection fees, system development fees or other fees that may be authorized by this shall be set by resolution of the city council and shall be published in the City of Cashmere General Information and Utility Regulations and Rates booklet, adopted by Resolution 11-94 on September 26, 1994. Copies of the 1999 city of Cashmere electrical service rate schedule are on file with the city clerk. (Ord. 945 § 65, 1999).

13.25.030       System disturbances.

Electric service shall not be utilized in such a manner as to cause severe disturbances or voltage fluctuations to other customers of the city’s electric utility. The city may require a customer to install, at the property owner’s expense, equipment to regulate and control voltage fluctuations. The city may disconnect any customer that fails to avoid or correct dis­turbances within the city’s distribution system. (Ord. 945 § 66, 1999).

13.25.040       Customer power outage.

If a customer service fails, the customer shall determine if their service breakers/fuses have tripped/blown or are otherwise at fault. If a city employee at the customer’s request makes a service call after regular city business hours, and it is determined that the customer’s equipment causes the power outage, a service charge may be assessed. (Ord. 945 § 67, 1999).

13.25.050       Changes to service.

If a property owner requests alterations to the service, relocation, increase in service size, moving of utility poles, transformers or other equipment, the costs for all work, equipment and materials necessary to make the requested changes shall be paid by that property owner. (Ord. 945 § 68, 1999).

13.25.060       Wiring inspections.

All electric wiring and all connections are subject to permitting and inspection by the Washington State Department of Labor and Industries. No electrical utility connection shall be made to the city electric utility system until the service to be connected has been inspected and approved by the state electrical inspector. (Ord. 945 § 69, 1999).

13.25.070       Electric system connection charges.

A. The customer shall pay all costs and fees in advance, including, but not limited to, the cost of permits, easements, clearing and any other special costs to provide service. These costs and fees will be in addition to any line extension or other costs that may be required and are not reimbursable.

B. There shall be a transformer and meter fee for new permanent service connections and for capacity additions to existing service. The fee will be determined by the ampacity rating of the meter base.

C. For unusual situations, the service connection fee shall be the actual costs of all transformers, service conductors and metering the city installs. This fee will not apply to temporary service installations.

D. Electric system connection fees will be calculated as follows:

1.Customer responsibilities.

a. The customer shall provide the city with accurate plot and building plans, including load data.

b. The customer in accordance with city standards shall provide all trenching and backfilling for secondary underground service and supply and provide all asphalt and sidewalk resurfacing at the listed rate.

c. The customer shall provide access, legal and physical, as required by the city for installation of service and its future maintenance for overhead or underground service and trim trees as required by the city on the customer’s private property. In the event the city is required to trim trees for installation access or maintenance, the city will charge the customer for the actual cost it incurs.

2.City responsibilities.

a. The city shall determine the meth­ods of service, i.e., availability, route and/or location, overhead or underground voltage and phase.

b. The city will provide all conduits up to but not including the 90-degree sweep. (Ord. 945 § 70, 1999).

Chapter 13.32

UTILITY REIMBURSEMENT AGREEMENTS

Sections:

13.32.010      Purpose and intent.

13.32.020      Definitions.

13.32.030      Minimum project size.

13.32.040      Application.

13.32.050      Length of reimbursement provision.

13.32.060      Application review and approval.

13.32.070      Determination of reimbursement area boundary and reimbursement fee.

13.32.080      Written agreement.

13.32.090      Reimbursement agreement must be recorded.

13.32.100      Construction and acceptance of improvements – Recording of final fees.

13.32.110      Ownership of improvements or system.

13.32.120      Defective work.

13.32.130      Implementation of utility reimbursement agreement – Prepayment requirement.

13.32.140      Payments of utility reimbursement charge.

13.32.150      Rights and nonliability of city.

13.32.160      City administrator’s authority – Violations.

13.32.010       Purpose and intent.

A. The purpose of this chapter is to define the rules and regulations for executing 15-year contracts between the city and developers for private construction of municipal water, wastewater or storm drain improvements as may be required by CMC Titles 13, 15, 16, 17 and 18, by providing means for both the partial cost recovery through a charge to later users who did not contribute to the capital costs; and for the establishment of benefit areas defining which properties are subject to such charges. This chapter also implements Chapter 35.91 RCW as it now reads or is later amended.

B .It is intended that the processing of utility reimbursement agreements under this chap­ter be independent from the regulatory reform time lines contained in CMC Title 14. Further, nothing in this chapter shall be construed to create any city obligation to subsequently provide city services to property within a reimbursement area if that property is removed from the city’s service area during the term of the reimbursement agreement. (Ord. 945 § 5, 1999; Ord. 938 Exh. A, 1999).

13.32.020       Definitions.

A. “As-built” means a drawing showing the conditions as they exist after construction.

B. “Benefit or reimbursement area” means that area which includes parcels of real estate adjacent to, or likely to require a connection to improvements made by a developer who has applied to the city for a utility reimbursement agreement pursuant to this chapter.

C. “CMC” means Cashmere Municipal Code.

D. “City” means the city of Cashmere, a legally incorporated municipality represented by the elected city council and/or designated office or official.

E. “City administrator” means the city of Cashmere city administrator or his/her designated representative.

F. “Cost of construction” means those costs (excluding interest charges or other financing costs) incurred for design, acquisition for right-of-way and/or easements, construction, labor, materials and installation required in order to create an improvement which complies with city standards, as determined by the city administrator.

G. “Developer” means an individual, firm, corporation, limited liability company or partnership who proposes to improve real property within the city limits or its urban growth area (UGA).

H. “UGA” means the urban growth area.

I. “Utility reimbursement agreement” means a written contract, as approved by the city council and executed by the mayor, between the city and one or more developers providing both for construction of water, wastewater or storm drain facilities and for partial reimbursement to the developer(s) by owner(s) or prop­ertied benefited by the improvements. Although referred to generically as “utility reimbursement agreements” for ease of reference, such agreements will be processed separately as water reimbursement agreements, wastewater reimbursement agreements, or storm drainage reimbursement agreements, each with its own application fee, reimbursement benefit area and charges.

J. “Utility reimbursement charge” means a fair pro-rata share of the actual and total initial costs associated with developing a utility improvement.

K. “Water, wastewater or storm drainage improvements” means the acquisition of right-of-way and/or easements, design, inspection and installation of improvements to city standards, as defined in RCW 35.91.020 as it now reads or as hereafter amended. They are further defined to include the following:

L. “Water system improvements” includes, without limitation, such things as treatment facilities, mains, reservoirs, wells and appurtenances such as valves, pumping stations and pressure reducing stations.

M. “Wastewater system improvements” includes, without limitation, such things as treatment facilities, mains and maintenance holes, pumping stations, force mains, inlets, catch basins, ditches, sales. This term also includes all sanitary sewer or storm sewer improvements.

N. “Storm drainage improvements” includes, without limitation, such things as sales, detention ponds and similar natural approaches to storm water controls. (Ord. 945 §§ 5, 71, 1999; Ord. 938 Exh. A, 1999).

13.32.030            Minimum project size.

A. Any property owner whose property is located either within the city or its UGA, only as allowed by the CMC, who uses private funds to construct water, wastewater, and storm drainage improvements in accordance with the standards specified in the CMC, to serve the area in which the real property of such owner is located, may apply to the city to establish a utility reimbursement agreement in order to recover a portion of the costs from subsequent users of the system(s).

B. To be eligible for a reimbursement agreement, the estimated cost of the proposed improvement must be more than $10,000; provided, however, that when proposed improvements cost between $5,000 and $10,000, and when at least 40 percent of the improvements can be projected to benefit property other than the development property giving rise to the improvement and reimbursement agreement, as determined by the city administrator, the property owner/developer may apply for a reimbursement agreement. The estimated costs of the improvement shall be determined by the city administrator, based upon a con­struction contract for the project, bids, engineering or architectural estimates or other information deemed by the city administrator to be a reliable basis for estimating costs. The determination of the city administrator shall be final. (Ord. 945 § 5, 1999; Ord. 938 Exh. A, 1999).

13.32.040            Application.

A. An application to request a utility reim­bursement agreement shall be made on a form provided by the city, and accompanied by a nonrefundable application fee in an amount set by council resolution.

B. The city will notify the applicant of applicable design standards and specifications for the water, wastewater or storm drainage improvements which will be required for the proposed project, consistent with city ordinances and/or adopted design manuals, as identified by the applicable development review process.

C .Based on the information provided by the city, the applicant shall submit the following information in addition to the application form:

1.Preliminary utility design drawings, and an engineering report that documents the basis for design;

2.An itemized estimate of the total projected costs of the system improvements, prepared and signed by a licensed civil engineer or in the form of a bid submitted by a qualified contractor (if more than one bid has been obtained, all bids must be submitted to the city);

3.A draft assessment of reimbursement area boundary and a method of determining reimbursement costs.

D .In the event that the improvements have already been constructed, inspected, and accepted by the city, the applicant shall provide an itemized list of the actual cost of construction, certified by a licensed civil engineer. The cost of construction may include all work and materials necessary to construct the utility mains and appurtenances, but shall not include the cost of individual services that were installed for the individual lots of a subdivision or plat by the applicant. The applicant shall also provide a draft assessment of the reimbursement area boundary and a method of determining reimbursement costs.

E. When deemed necessary by the city administrator, the following information will also be required to assist in determining the benefit area and reimbursement charge:

1.A scaled vicinity drawing, stamped by a licensed civil engineer or licensed land surveyor, depicting the proposed improvements, location and benefited area;

2.The name and mailing address of each owner of record of property within the proposed benefit area, together with the legal description, size and county assessor tax number for each property, to be certified complete and accurate by the applicant; and

3.Such other information as the city administrator determines is necessary to properly review the application. (Ord. 1018 § 3, 2002; Ord. 945 § 5, 1999; Ord. 938 Exh. A, 1999).

13.32.050       Length of reimbursement provision.

The utility reimbursement agreement shall be for a period not to exceed 15 years from the date of final acceptance of the improvements by the city pursuant to CMC 13.32.110. In no event shall “reimbursement fees” be collected or paid to an applicant later than the earlier of:

A. Fifteen years from the date of final acceptance of the improvements; or

B. The date the applicant or the applicant’s successor in interest has been paid the full amount of the “reimbursement fee” determined in accordance with CMC 13.01.190. (Ord. 1018 § 4, 2002; Ord. 938 Exh. A, 1999).

13.32.060       Application review and approval.

A. The city administrator shall review all applications and shall approve the application only if the following requirements are met:

1.The project satisfies the minimum cost requirement and complies with city design and construction standards;

2.The proposed improvements fall within the definition of water, wastewater, and storm drainage improvements;

3.The proposed improvements are con­sistent with the city’s comprehensive plan, utility plans and all other policy documents governing growth and development within the city;

4.The city has the capability and capac­ity to service the water, wastewater and/or storm drainage improvements; and

5.The proposed improvement must be sized to at least the capacity of the extent of the reimbursement area.

6.If the improvements are already con­structed, then they shall be eligible for reim­bursement only if they have undergone design review and inspection as described in CMC Title 16, Subdivisions and Plats. The applica­tion shall be submitted within 12 months of final acceptance, by the city, of construction of said improvements.

B. In the event all of the above criteria are not satisfied, the city administrator may condi­tion approval as necessary in order for the application to conform to such criteria, or shall deny the application. The final determination of the city administrator shall be in writing.

C. The final determination of the city administrator is an administrative decision that may be appealed by an applicant to the city council. The applicant shall file a request for review of the city administrator’s final deter­mination with the city clerk no later than 10 calendar days after a copy of the final determi­nation is mailed to the applicant at the address listed on the application. In reviewing a final determination, the city council shall apply the criteria set forth above, and shall uphold the decision of the city administrator unless evi­dence clearly demonstrates that the criteria have been satisfied. (Ord. 1018 § 5, 2002; Ord. 945 § 5, 1999; Ord. 938 Exh. A, 1999).

13.32.070            Determination of reimbursement area boundary and reimbursement fee.

A. The city administrator shall define the reimbursement area for all approved applica­tions based upon the following:

1.A determination of which property owners did not contribute to the original cost of the improvements for which the reimburse­ment agreement applies and whose parcels are located so that they may subsequently connect into or use the same, including not only those which may connect directly thereto, but also those who may connect to laterals or branches connecting thereto, based on city codes and standards. The applicant/property owner is not entitled to utility reimbursement funds for parcels which are adjacent to the improvements if those lots are owned by the applicant/property owner at the time they apply for the utility reimbursement agreement or at the time the utility improvements are constructed, and if said lots have been sold, with homes constructed, or if the person requesting reimbursement has otherwise recovered the proportionate utility reimbursement charge for that property.

2.The amount of reimbursement charge shall be established by CMC 13.01.190. Each property owner shall pay a fair share of the costs of the improvements in proportion to the benefits which accrue to the property, as determined by the equivalent residential unit method established by CMC 13.01.200.

B. A notice containing the benefit reim­bursement area boundaries, preliminary or actual charges and a description of the property owners’ rights to request a public hearing before the city council with regard to the area boundaries and special benefits and charges shall be forwarded by certified mail to the property owners within the proposed benefit reimbursement area.

C. Any appeal from an affected property owner requesting a public hearing shall be filed within 10 calendar days of the date the notice is mailed to the property owners. Any decision of the city administrator not appealed shall be final at the time made. The appeal must be accompanied by a nonrefundable fee in an amount set by council resolution. After reviewing the public hearing testimony and the city administrator’s determination, the city council shall apply the criteria set forth above, and may approve, modify or reject the benefit reimbursement area and/or charges. The city council’s determination shall be final, unless it is judicially appealed within 21 days of the issuance of the city council decision. (Ord. 1018 § 6, 2002; Ord. 945 § 72, 1999; Ord. 938 Exh. A, 1999).

13.32.080            Written agreement.

A. Upon approval of the application, determination of the estimated or actual costs of construction, the reimbursement area and estimated fees by the city administrator, the applicant shall sign a reimbursement agreement in the form supplied by the city. The signed agreement, the application and supporting documents, together with the city administrator’s estimate of cost, or actual cost, of construction, and determination of reimbursement area and estimated fees, shall be presented to the city council with a request that the city council authorize the mayor to sign the reimbursement agreement on behalf of the city.

B. In the event costs incurred by the city for engineering or other professional consultant services required in processing the application exceed the amount of the application fee, the city administrator shall so advise the city council and council approval of the utility reimbursement agreement shall be conditioned upon receipt of payment by the applicant of an additional amount sufficient to compensate the city for its actual costs in excess of the application fee. (Ord. 1018 § 7, 2002; Ord. 938 Exh. A, 1999).

13.32.090            Reimbursement agreement must be recorded.

A. In order to become effective, a reimbursement agreement must be recorded with the Chelan County auditor within 30 days of  approval by the city, after it has been signed by all parties. It shall be the sole responsibility of the applicant to record the reimbursement agreement.

B. Within 30 days after receipt of evidence that the reimbursement agreement has been recorded, the city administrator shall record a notice of additional tax or correction charge with the Chelan County auditor’s office as required by RCW 65.08.170. (Ord. 938 Exh. A, 1999).

13.32.100       Construction and acceptance of improvements – Recording of final fees.

A. After the utility reimbursement agreement has been signed by all parties, and all necessary permits and approvals have been obtained, the applicant shall construct the improvements, beginning within 12 months, and upon completion, request final inspection and acceptance of the improvements by the city, subject to any required obligation to repair defects. An appropriate bill of sale, easement and any other document needed to convey the improvements to the city and to insure right-of-access for maintenance and replacement shall be provided, along with documentation of the actual costs of the improvements and a certification by the applicant that all of such costs have been paid. If construc­tion of the improvements covered by the utility reimbursement agreement has not begun within said 12 months, the utility reimburse­ment agreement shall be null and void; pro­vided, however, the city council may extend for a period of 12 months.

B. The final cost of the improvements shall be reviewed against the preliminary assess­ments established by the city. Upon a showing of good cause, as determined by the city administrator, the agreement shall be modified to include cost overruns up to a maximum of 10 percent. In the event that actual costs are less than the city administrator’s estimate by 10 percent or more, the city administrator shall recalculate the charges, reducing them accord­ingly. For any revisions under this section, the city administrator shall cause a revised list of charges to be recorded with the Chelan County auditor, with a notice to title on each property within the benefited area.

C. In the event that the improvements have already been constructed, inspected and accepted by the city prior to application for utility reimbursement agreement, the applicant shall provide an appropriate bill of sale, docu­mentation of the actual costs of construction, and certification by the applicant that all such costs have been paid. (Ord. 1018 § 8, 2002; Ord. 938 Exh. A, 1999).

13.32.110       Ownership of improvements or system.

A. Upon approval of a utility reimburse­ment agreement and the completion and acceptance of the construction, the improve­ment(s) and/or system(s) shall become the property of the city. The city may charge and receive fees for utility system use according to the city’s established rates.

B. A copy of the engineering “as-built” plans, specifications and drawings, including all necessary rights-of-way and easement doc­uments, shall be provided to the city prior to acceptance of the water, wastewater and/or storm drainage facilities. In addition, the city may require that the documents be provided on “AutoCAD”, or another electronic format as specified by the city. The developer shall also deliver to the city reproducible copies of all plans, specifications and drawings, and shall comply with any other requirements imposed by city codes or adopted standards for engi­neering plans.

C. No connection to, or other use of the facilities will be allowed or permitted until the city has officially accepted the construction.

D. Transfer of ownership to the city shall be clear of all encumbrances. (Ord. 945 § 5, 1999; Ord. 938 Exh. A, 1999).

13.32.120       Defective work.

The applicant shall be responsible for all work found to be defective within one year after the date of acceptance of the improve­ments by the city. The city administrator may require the applicant or his/her assignee to pro­vide the city with a Washington Surety Main­tenance Guaranty Bond or other appropriate bond as set forth in the CMC, including, with­out limitation, the city water and wastewater codes or any adopted design standards. (Ord. 945 § 5, 1999; Ord. 938 Exh. A, 1999).

13.32.130  Implementation of utility reimbursement agreement – Prepayment required.

A. Upon recording, the utility reimburse­ment agreement and charge shall be binding upon all property owners of record within the benefit area who were not parties to the con­tract. If an owner later develops his or her property within 15 years and is not required to install similar utility improvements because such improvements were already installed under the reimbursement agreement, the city shall require that owner to reimburse the developer/owner who initially constructed the projects pursuant to the reimbursement share previously determined in the utility reimburse­ment agreement.

B. Connection to or use of the system(s) by any property owner(s) shall be prohibited and permission and legal subdivision shall not be granted nor a building permit issued unless the city has received payment of a utility reim­bursement charge. The amount of reimburse­ment fee charged shall be calculated in accordance with the applicable method stated in CMC 13.01.190 and shall include a three percent administrative charge.

C. The utility reimbursement charge shall be in addition to the usual and ordinary charges, including hook-up fees, system devel­opment charges, and any other fees which must be paid by persons applying for city water or wastewater service, as required by city ordinances.

D. The city will exercise its best efforts to assure compliance with this section; however, in no event shall the city incur liability for an unauthorized connection to or use of the facil­ities.

E. Where any tap or connection is made into any water, wastewater or storm drainage system(s) without payment being made as required by this chapter, the city may order the unauthorized tap or connection and all con­necting pipe located in the city right-of-way removed without any liability to the city or city officials. (Ord. 1018 § 9, 2002; Ord. 945 §§ 5, 73, 1999; Ord. 938 Exh. A, 1999).

13.32.140  Payments of utility reimbursement charge.

A. The city shall pay the amounts due the beneficiary within 60 calendar days of receipt, subject to subsection C of this section, by cer­tified mail, return receipt requested.

B. When the utility reimbursement fee for a particular parcel has been paid, at the request of the owner/payer, the city shall approve a certification of payment which may be recorded by the owner.

C. Throughout the term of the agreement the developer shall notify the city, in writing, of any change of his or her name(s) or address(es). Absent such notice, the city is not responsible for locating any developer entitled to benefits under the utility reimbursement agreement. The developer may not assign any rights under the utility reimbursement agree­ment without written notification to the city. Absent such notification, any assignment of rights under the agreement shall have no effect on the obligations of the city under the reim­bursement agreement.

D. Any funds not claimed by the developer within 180 days from the date collected shall become the property of the city. Before the expiration of the 180 days, the city shall send to the developer, by certified mail, return receipt requested, a final notice of the city’s intent to deposit the funds as city revenue. If the city does not receive a response in writing by the expiration of the 180 days, the city shall deposit the revenue to the applicable city wastewater, water or storm water utility, or as allowed by law. (Ord. 945 § 5, 1999; Ord. 938 Exh. A, 1999).

13.32.150  Rights and nonliability of city.

A. The city reserves the right to refuse to enter into any utility reimbursement agreement or to reject any application thereof.

B. All applicants for utility reimbursement agreements shall be required to provide a writ­ten release, indemnification, and hold harm­less agreement releasing and indemnifying the