HomeMy WebLinkAbout1991-3366 Adjusting water service ORDINANCE N6. 0 AN ORDINANCE relating to public services and utilities; ad- justing water service charges; enacting a new chapter and sections thereof entitled Mandatory Residential Water Connections; enacting a sever - ability provision; amending Subsections 7.68.250A and 7.68.255A and Sections 7.68.252, 7.68.282, and enacting as a new chapter, Chapter 7.02 "General Provisions" and Section 7.02.010 and enacting a new Chapter 7.75 "Mandatory Residen- tial Water Connections" and Sections 7.75.010, 7.75.020, 7.75.030, 7.75.040, 7.75.050, 7.75.060, and 7.75.070, all of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subsection 7.68.250A of the City of Yakima Municipal Code is hereby amended to read as follows: "7.68.250 Water Service Charges. A. Commencing July 1, 1991, the charge for domestic water supplied shall con- sist of a ready -to -serve charge and a charge for water consumed, as follows: 110 Ready -to -serve charges: One -month Two - month Meter Size Period Period 3/4" and smaller $ 1.56 $ 1.56 1 " 2.36 3.12 1 1/2" 4.67 7.78 2" 9.32 17.10 3 " 23.28 45.01 4 " 37.24 72.94 6 „ 83.78 166.01 8" 148.92 294.75 10" 232.68 462.26 12" 335.05 667.03 Charges for water consumed per one hundred cubic feet: First 600 cu. ft $ .78 Next 600 cu. ft. (700 -1,200 cu. ft.) .87 Next 800 cu. ft (1,300 -2,000 cu. ft.) .68 Next 23,000 cu. ft. (2,100 - 25,000 cu. ft.) .52 Next 25,000 cu. ft. (25,100- 50,000 Cu. ft.) ,25" Over 50,000 cu. ft Section 2. Section 7.68.252 of the City of Yakima Muni- cipal Code is hereby amended to read as follows: "7.68.252 Irrigation Rate on Domestic Water. Domestic water may be delivered to consumers during the irrigation - 1 - (ord /wtrsrvc.jv) season at a special irrigation rate under the following conditions: 1. In order to secure the irrigation rate, application must be made to the utility accounts division by the consumer, who will certify that the domestic water deliv- ered under said rate will be used for irrigation purposes on property not adequately served by separate irrigation systems. 2. Commencing July 1, 1991, the charge for such water supplied shall be computed as follows: An amount equal to the maximum water meter reading taken during the previous non - irrigation season shall be charged under, the regular domestic water rates. All water used on premises inside the City limits in excess of such maximum usage during the previous non - irrigation season shall be charged during the irrigation season at the rate of twenty -one cents per one hundred cubic feet and all water used on premises outside the City limits in excess of such maximum usage during the previous non - irrigation season shall be charged during the irrigation season at a rate of twenty -five cents per one hundred cubic feet, provided, the rate for domestic water consumed by the State of Washington or any agency thereof, or any munici- pal corporation of a classification other than that charging the bulk rate as provided by Subsection A of Section 7.68.251 of this Chapter, and used exclusively for irrigation purposes on property owned or occupied by 110 such consumers shall be twenty -one cents per one hundred cubic feet, regardless of whether the property served is situated within or without the corporate limits of the City of Yakima. 3. For the purpose of this section, the irrigation rate will commence at the regular water meter reading during the months of February or March, as the case may be for any particular consumer; and will terminate at the regu- lar water meter reading during the months of October or November, as the case may be for any particular consumer. In the event an application is made during the irrigation season for the irrigation rate, the irrigation rate'will commence at the next regular meter reading after the time of such application. 4. The sewerage service charge provided for in Chapter 7.60 shall not apply to the indicated consumption of water billed at the irrigation rate. 5. Consumers who have installed domestic water service exclusively for irrigation use will be billed at the irrigation rate without regard to dates of commencement or termination of service, subject only to the minimum billings provided for in Section 7.68.255." - 2 - (ord /wtrsrvc.jv) III Section 3. Subsection 7.68.255A of the City of Yakima Municipal Code is hereby amended to read as follows. "7.68.255 Minimum Service Charges. A. Commencing July 1, 1991, minimum charges for domestic water supplied for the several sizes of meters shall be as follows: '!), One- month Two -month Meter Size Period Period 3/4" and smaller $ 3.90 $ 6.24 1" 4.70 7.80 1 1/2" 7.01 12.46 2" 11.66 21.78 3" 25.62 49.69 4" 39.58 77.62 6" 86.12 170.69 8" 151.26 299.43 10" 235.02 466.94 12" 337.39 671.71" Section 4. Section 7.68 282 of the City of Yakima Munic- ipal Code is hereby amended to read as follows: "7.68.282 Fire Service Charges. The monthly charge for AMC IIP each active fire service shall be as follows: Size of Service Inside City Outside City - 2 " $ 3.57 $ 7.14 3 " 4.75 9.50 4" including hydrant only 7.14 14.28 6" including hydrant only 9.52 19.04 8" 14.28 28.56 10" 19.03 38.06 The inside diameter of the pipe leading to a fire hydrant shall determine the service charge. Any fire hydrant installed and maintained by the City outside of City limits will be billed as a fire service, which charge shall be terminated at such time as the responsible consumer's property is annexed to the City." Section 5. Chapter 7.75 - Mandatory Residential Water Connections is hereby enacted as a new chapter and sections thereof of the City of Yakima Municipal Code to read as fol- lows: III - 3 - (ord /wtrsrvc.jv) "CHAPTER 7.75 MANDATORY RESIDENTIAL WATER CONNECTIONS 7.75.010 Mandatory Residential Water Connections. The area which is described below constitutes a portion of an area which has been previously declared by City Council Resolution Numbers D -5886 and D- 5894, passed March 12, 1991 and April 9, 1991 to be an area of contaminated domestic wells requiring emergency public water sources and emergency installation of domestic water mains. Said area is described as: Area A on the attached and incor- porated map and legal description. Through Resolution Number D -5894, the City Council has authorized the emergency construction of water mains in the previously described area. The City Engineer or his agent shall connect to the City's domestic water system all structures in the above - described area occupied for residential purposes. Such connection shall be made according to the method set forth in this chapter and in compliance with all other applicable ordinances and regulations. 7.75.020 Notice of Required Water System Connection. The method of accomplishing domestic water connections as required by this chapter shall be as follows: A. On or after the effective date of this chapter, the City Engineer or his designee shall send to the owner and occupant, if known, of any structure occupied for resi- dential purposes located in the area described in Section 7.75.010, a Notice of Water System Connection. For the purpose of this section, owner shall mean that person or entity listed as the property owner in the records of the Yakima County Assessor. The notice shall be in substan- tially the following form: 'Notice of Water System Connection To: Owner and occupant of the following described property at the listed street address (Legal De- scription and Street Address) Yakima County Assessor records indicate that (Namets)) is the owner of real property located at tStreet Address) and more fully described above. Upon this real property there is located a structure or structures occupied for residential purposes. The owner is hereby given notice that under the provisions of Chapter 7.75 of - 4 - lord /wtrsrvc.jv) the City of Yakima Municipal Code the owner must connect the following structures (Description of Structures) located upon the property described above to the City's domestic water main within 30 calendar days of the receipt of this notice. The required connection to the City's domestic wate'`'r system shall be made by connecting the household water system to the water meter(s) in the following described location: (Designated location of water meter connection point) • Because the City is requiring the owner to connect to the City water system, which is for the overall health, safety, and welfare of the community, the City shall provide three voluntary options for connection to the owner within the 30 days allowed by this Notice: (1) The owner may use self help to connect to the City's water main. (2) The owner may contract for connection to the City's water main. ; F (3) The owner may enter into a Limited Water Connection Agreement with the City Engineer`. Under the terms of such agreement, the City shall pay to a private contractor the cost of the connection required by this notice so long as the amount, services, and contractor are pre- approved by the City Engineer or his designee. In turn, the owner shall agree to repay the City in equal monthly installments. Such installments shall not extend beyond one year. Provided, however, in the event the owner meets United States De- partment of Housing and Urban Development low income guidelines and shows adequate proof of such fact to the City Engineer, such owner shall be afforded five years to repay the City on installments. In the event of default, on such agreement, interest at eight percent (8%) per annum from the time of execution shall be as- sessed. Otherwise, no interest shall be charged. Unpaid balances shall constitute a lien against the affected property and such agreement shall be filed with the Yakima County Auditor in the claim of title of the affected property. In the event of default, such lien shall be foreclosed in the same manner as mortgages including reasonable 410 attorney's fees. - 5 - (ord /wtrsrvc.jv) In the event the owner does not make the required connection with the City's water system, that con- nection shall be made by the City's Engineer or his agent with the actual cost charged to the property owner and secured by a lien on the property which is described above. Connection with the City's water main shall be done in conformance with all applicable laws and regula- tions which includes a plumbing permit, which may be obtained from the Code Administration Manager at City Hall, Yakima, Washington, 98901. The owner is not required to connect structures described in this notice to the City's domestic water main in the event those structures are not occupied by people and all plumbing fixtures, in- cluding but not limited to, sinks, toilets, faucets, showers, drains, bathtubs, and water -using appli- ances, have been disconnected and removed. Dated this day of , 19 . City Engineer' B. Service of the aforementioned notice and Notice of Noncompliance shall be made by registered mail, return receipt requested, upon the owner of the property at the owner's address as indicated by the records of the Yakima County Assessor and a second copy of such notices shall be mailed to the occupant, if known, of the property at the address listed in the notice. 7.75.030 Exemptions. No property owner shall be re- quired to connect to the City's domestic water mains, pursuant to Section 7.75.010, in the event any structures affected by this chapter are unoccupied by people and all plumbing fixtures have been removed. Plumbing fixtures shall include, but not be limited to, sinks, toilets, faucets, showers, drains, bathtubs, and water -using appliances. No property shall be exempt from the provisions of this chapter by reason that it is served by a non - contaminated well. 7.75.040 Noncompliance. A. In the event any property owner fails, in whole or in part, to comply with a Notice of Water Connection served pursuant to the terms of Section 7.75.020 of the City of Yakima Municipal Code, the City Engineer shall mail a Notice of Noncompliance to the owner of the affected property stating that the property owner has not complied with the Notice of Water - 6 - (ord /wtrsrvc.jv) ti System Connection and the date a: er which the City • Engineer or his or her agent shall install the connect(s) required by the Notice of Water System Connection. After the date in the Notice of Noncompliance, the City Engi- neer, or his or her agent may enter the property in question and install the connection(s) required in said notice or otherwise complete or correct such connections in conformance with applicable law and regulations. The property owner shall be liable for the actual cost of connection or completing or correcting such connection and the City Engineer or his designee is authorized to file a lien against the affected property in the amount of actual cost, including but not limited to, labor, materials, and administrative costs plus interest at eight percent (8 %) per annum. In the event such lien is not paid in full within thirty (30) days after the City Engineer provides a Notice of Lien to the property owner, such lien may be foreclosed in the same manner as a mortgage and the owner shall be liable for reasonable attorney's fees and associated costs of foreclosure. B. The City Engineer or his designee is hereby autho- rized to contract with private parties for the service of installing, correcting, and completing such installation required under the terms of Section 7.75.020 of the City of Yakima Municipal Code. • 7.75.050 Entrance onto Private Property. Whenever it is necessary to perform any of his or her duties under this chapter or to Investigate upon reasonable cause or com- plaint the existence or occurrence of a violation of this chapter, the City Engineer, his designee, or agent may enter onto the private property to inspect it or to perform any duty imposed or authorized by this chapter. Provided, in the event the structure or premises is occupied, the City Engineer, his designee, or agent shall first present property credentials and request entry. If such structure or premise be unoccupied, he shall first make a reasonable effort to locate the owners or other persons having charge or control of the structure(s) or premises and request entry. If such entry is denied, the City Engineer, his designee, or agent shall have recourse to every remedy provided by law to secure entry. 7.75.060 Exemption from Meter and Connection Charges. The owners of properties in the area described in Section 7.75.010 of the City of Yakima Municipal Code shall be exempt from the service installation charges assessed pursuant to Section 7.68.043 and the water connection charge imposed by Section 7.56.020 both of the City of Yakima Municipal Code. The City Council finds and declares that well water in the area described in Section 7.75.010 of the City of - 7 - tord /wtrsrvc.jv) Yakima Municipal Code is contaminated and constitutes an imminent danger to the health and safety of the residents of that area as well as to the general population of the City of Yakima. Such area has not previously been served by City water mains. Exemption from the fees and charges imposed by Sections 7.68.043 and 7.56.020 of the City of Yakima Municipal Code will foster cooperation in connec- tion to the City's domestic water mains and thereby reduce the threat of health and safety to the citizens of the City of Yakima. 7.75.070 Prohibited Acts - Penalties. A. It is a civil violation to connect or reconnect to a well water system any structure located in the area defined in Section 7.75.010 of the City of Yakima Municipal Code which is occupied for residential purposes. Each day shall constitute a separate violation. B. It is unlawful to interfere with, threaten, coerce, or intimidate the City Engineer, designees, or agents of the City Engineer, when engaged in enforcement_of provi- sions of this chapter. C. It is a civil violation for any person to occupy for residential purposes or allow another to occupy for residential purposes any structure in the event the owner of such structure has received a Notice of Water System j� Connection and such owner has not complied with such 1 notice within the time allotted. Each day shall consti- tute a separate violation. D. Violators of such Section B shall be punishable by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the City's jail facility for not more than ninety (90) days or by both such fine and imprison- ment. Violators of Subsections A and C shall be liable to a civil penalty of fifty dollars ($50.00) per day which shall be a lien upon the affected property." Section 6. Chapter 7.02, General Provisions, and Section 7.02.010 are hereby enacted as a new chapter and section thereof of the City of Yakima Municipal Code to read as fol- lows: "Chapter 7.02 GENERAL, PROVISIONS 7.02.010 Severability. The invalidity or unenforceabil- ity of any portion of this title shall not affect the other provisions thereof, and this title shall be con- strued in all respects as if such invalid or unenforce- able provisions were omitted." - 8 - (ord /wtrsrvc.jv) t J Section 7. This ordinance shall be in full f )rce and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this ci0 day of Ci G y , 1991. \&$„4.44'7 Mayor ATTEST: City Clerk Publication Date: 3 Effective Date: C 136 t9 I • - 9 - (ord /wtrsrvc.jv) i 57441, *ilea 4 ► . j • j M s' Y1 „4 $ K 1 Jr4 . .- .•• 10 3411 3 � 1 soaps ' 334 16 13 1 1!641 6 3 Jr1. 2 mop 674 15 2 J1411 $14!1 13 2 334$0 + 6)0!7 4i,, J. ' 3 ► 3 3 3r4r7 14 3 53455 3741$ it 3 i l 3143, 3100/ , l J748a M 13 4 flat r , o SS 3141$ ® 3141 ® s S CYA TSON'S S ® 5 32111 12 S 31451 i 1. 6 3 1423 SUMACH • Jl40t ' 6 Mill • 1347) •/..s .. -.. 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SITUATE 20 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF: THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SUBDIVISION TO THE NORTH LINE OF THE SOUTH 350 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; SUBDIVISION PARALLEL 200E LAST NAMED FEET THEREOF; SUBDIVISION T NAMED, SUBDIVISION TO THEENORTHHLINE WEST 150D LAST FEET NAMED SUBDI THEREOF; THENCE PARALLEL WITH THE WEST SOUTH OF SAID LAST NAMED SUBDIVISION SOUTHERLY ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE TH QUARTER OF SAID OF SECTION TO THE EXTENDED NORTH ' THENCE WESTERLY ALONG SAID NORTH LINE TO THE EXTENDED EAST LINE OF LOT 11 THROUGH 16 INCLUSIVE, BLOCK 3, "ADAMS AVENUE ADDITION ", ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 410 "L" OF PLATS PAGE 46, RECORDS OF YAKIMA COUNTY, WASHINGTON; THENCE SOUTHERLY IINE EXTENDED, TOSTHEISOUTHEASTDCORNERIOF THROUGH SAID 16 AND SAID LOT 11; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 11 BLOCK 3, AND OF LOTS 6 AND 11 BLOCK 2, AND SAID LINE EXTENDED, TO THE SOUTHWEST CORNER OF SAID LOT 11 BLOCK 2; THENCE NORTHERLY ALONG THE WEST LINE OF SAID BLOCK 2 TO THE EXTENDE8SiDOH RECORDS OFASAIORCDUNTYHORT PLAT RECORDED AS NUMBER 6-10, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SHORT PLAT TO THE SOUTHWEST CORNER THEREOF; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SHORT PLAT TO QUARTER T ER T OF L THE SOUTHWESTUQUARTER2OF FEET SAIDF SOUTHWEST SECTION 20; Q THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 342 FEET THEREOF; THENCE SOUTHERLY PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 83.3 FEET; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SUBDIVISION TO THE EAST LINE OF THE WEST 282 FEET THEREOF; AREA "A ". LEGAL DESCRIPTION PAGE 2 SUBDIVISION THE SAID 330.2 FEET SUBDI THEREOF; THENCE WESTERLY PARALLEL WITH THE SOUTH LINE OF SAID SOUTIWISTON EAST OF THE SOUTHWEST QUARTER SAID SECTION 20; SUBDIVISION NORTHERLY I TOTHEASOUTHLRIGHT WEST SAID ALDER STREET; SUBDIVISIO THENCE EASTELALONG WEST 246 SOUTH fEET OfOSAID SAID SUBDIVISIONSTREET TO THE EAST LINE OF SUBDIVISION SAID FEET THEREOF; SUBDIVIS THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF THE EAST 462 FEET THEREOF; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID • SUBDIVISION TO THE SOUTH LINE OF THE NORTH 147 FEET THEREOF; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 66 FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID SUBDIVISION 18.65 FEET; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE WEST LINE OF THE EAST 264 FEET THEREOF; NORTHERLY SAID 138.2 FEET SUB THEREOF; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION 66 FEET; THENCE SUBDIVISION HTOLTHEASOUTHLLINEHOFHTHEANORTHN SAID 165.55 FEET THEREOF; THENCE EASTERLY PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION TO THE SOUTH LINE OF THE NORTH 20 FEET THEREOF; THENCE SUBDIVISION THE R EAST L LINE H THEREOF R AND L THE POINT OF • SUBDIVISION BEGINNING.