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HomeMy WebLinkAbout2006-007 Public Services and Utilities Changes; YMC Revisions ORDINANCE NO 2006 -07 AN ORDINANCE relating to public services and utilities, substantially revising the public services and utilities section of the City of Yakima Municipal Code, updating City policies and procedures to provide compatibility, efficiency and accuracy for the provision of utility services to the citizens of the City of Yakima, harmonizing the procedures of operation and billing among the several utility divisions of the city and establishing improved customer service, and revising Chapters 4 16, 7 24, 7.28, 7 50, 7 60, 7 65, 7 68, 7 72, 7 78 and 10 10 of the City of Yakima Municipal Code BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 Section 4 16 140 of Chapter 4 16 of the City of Yakima Municipal Code is hereby amended to read as follows. "4.16 140 Classification of premises -- Charges. A. For the purpose of regulating the collection of garbage and refuse in the city of Yakima there are established two classifications. one to be known as the "residential classification," and the other as the "business classification " The residential classification shall include all premises occupied as a single - family housekeeping unit, either in dwelling houses, apartments, or other multiple residences. "Residential unit" as used herein, is defined as a unit in which all persons reside together as a single - family, whether in single or multiple dwellings The business classification shall include all other premises Provided, property owned by the city may be served by city equipment and crews independently of the classifications and rates established by this chapter; provided further, the rules and regulations established by this chapter pertaining to receptacles and to the preparation, storage, and collection of garbage, refuse and debris shall be applicable to all property within the city, including that owned by the city B The collection of all refuse in the business classification shall be made only by licensed collectors, hereinafter provided for, at rates to be set by the Washington Utilities and Transportation Commission C The collection of all refuse in the residential classification shall be conducted by the city of Yakima equipment and personnel and financed by garbage and refuse collection fees hereinafter set forth The city of Yakima shall not collect refuse from apartments or multiple units in excess of four units except upon the request of the owner or operator thereof The following collection fees and practices shall apply for all garbage collection services conducted by the city of Yakima. 1 There are hereby imposed for refuse collection in the residential classification the following charges for each single - family dwelling and for each residential unit in any multiple dwelling Type of Residential Refuse Collection Service Monthly Charge At Curb or Alley first 32- gallon can $10 38 each 32- gallon cart 8 61 klm ord /utility services rev 2 1 each additional 32- gallon can 5 45 each 96- gallon cart 14 63 Carry Out Collection first 32- gallon can $20 11 each 32- gallon cart 16 68 each additional 32- gallon can 6 04 each 96- gallon cart 24 18 An overfill fee of two dollars and three cents shall be imposed each time an automated cart is filled past its visible full limit or the cart lid will not close due to overfilling A call -back charge of ten dollars and thirty -eight cents shall be imposed each time a customer requests refuse collection service at a time other than the regularly scheduled time Two cubic yard metal bin service as follows Number of Pickups per One -month period Two -month bins week period 1 1 $70 30 $140 60 2 112 47 224 94 3 154 64 309 28 4 196 81 393 62 5 238 98 477 96 2 1 $140 60 281.20 2 224 94 449 88 3 309 28 618 56 4 393 62 787.24 5 477 96 955 92 3 1 $210 90 421 80 2 337 41 674 82 3 463 92 927 84 4 590 43 1,180 86 5 716 94 1,433 88 4 1 $281 20 $562 40 2 449 88 899 76 3 618 56 1,237 12 4 787 24 1,574 48 5 955 92 1,911 84 klm ord /utility services rev 2 2 5 1 $351 50 $703 00 2 562 35 1,124 70 3 773 20 1,546 40 4 984 05 1,968 10 5 1,194 90 2,389 80 An overfill fee of ten dollars and fifty -four cents shall be imposed each time a bin is filled past its visible full limit or the bin lid will not close due to overfilling Temporary 2 -yard Bin Accounts Initial Delivery Fee $35 15 Pickup Charge 8 79 Daily Service Fee 28 2. In addition to the charges imposed by subsection (C)(1) of this section, a separate charge, to be known as the "yard service charge," is imposed on each residential unit that elects to receive yard material collection service from the city during the nine -month period of each year commencing March 1st and ending November 30th Such service shall utilize one or more ninety- six - gallon carts owned and provided by the city The yard service charge shall be eleven dollars and three cents per month for one ninety- six - gallon cart, plus five dollars and fifty -one cents per month for each additional ninety- six - gallon cart, and shall be billed to each residential unit that elects to receive this service at the time and as a part of the billings rendered for other city services applicable for that nine -month period A call -back charge of ten dollars and thirty - eight cents shall be imposed each time a customer requests yard material collection service at a time other than the regularly scheduled time 3 Collection service may be suspended for nonpayment of accounts, but such suspension shall not relieve the person owing such account from the duty of complying with the provisions of this chapter or other ordinances pertaining to garbage, refuse, or sanitation Such suspension of service shall render the premises where such collection service is suspended subject to condemnation for lack of sanitary requirements, and the owner or person in charge or in possession of said premises shall be subject to prosecution for maintaining a nuisance thereon, as well as enforcement of all other applicable laws 4 Upon failure to pay such charges and upon delinquency, the amount thereof shall become a lien against the property from which the garbage collection service shall have been rendered Such lien shall be made effective by filing a notice thereof specifying the charges, the period covered by the charges and giving a legal description of the premises at which the service was rendered Such lien shall be filed with the same official and within the time and shall be foreclosed within the time and manner prescribed by law for filing and foreclosing liens for labor and material, and shall be superior to encumbrances filed subsequent to the filing of such lien, but shall be subject to all general taxes and local improvement assessments, whether levied prior or subsequent thereto D The yard material collection service, for which the yard service charge is imposed by subsection (C)(2) of this section, shall include the weekly collection of yard material from klm ord /utility services rev 2 3 automated /semi - automated plastic ninety- six - gallon carts furnished by the city department of public works during the nine -month period for which the yard service charge is billed to any particular premises For collection purposes, the total weight of each cart including yard material deposited therein may not exceed two hundred pounds Yard material larger than four inches in diameter or too long to fit within a ninety- six - gallon cart when covered by its lid shall not be placed in a ninety- six - gallon cart for collection, but may upon proper request, be collected as special haul material E In addition to the regulations adopted and charges imposed by subsections C and D of this section, further charges are imposed in the following types of service 1 A charge of two dollars and seventy -four cents, in addition to the regular monthly charge, shall be made each time an extra can or partial can of refuse or yard material is collected from any particular residential premises, 2. A charge of two dollars and three cents, in addition to the surcharge for collecting refuse and yard material, shall be made for each extra container, bag, box or bundle of tree or shrub trimmings, collected from any particular residential premises 3 For a special garbage pickup, actual cost shall be charged to the customer Actual cost shall include the city's actual cost for labor, equipment rental, and landfill fees The minimum charge for this service shall be twenty -five dollars " Section 2 Section 7 24 070 of Chapter 7 24 of the City of Yakima Municipal Code is hereby amended to read as follows "7.24 070 Report to council Not less often than every five years, the division manager shall report and make recommendations to the council based on a review of irrigation system rates and rate structures, compliance with bond covenants, compliance with policies relating to debt coverage ratios and the capital improvement program, the physical condition of the system, and compliance with state and federal law " Section 3 Sections 7 24 120, 7.24 130 and 7 24 170 of Chapter 7 24 of the City of Yakima Municipal Code are hereby repealed in their entirety Section 4 Section 7 24 210 of Chapter 7 24 of the City of Yakima Municipal Code is hereby amended to read as follows "7.24.210 Shut -off valve. The property owner is encouraged to install a shut -off valve or a stop and waste cock at his or her expense on the service line into each property served No branch pipe, bibb, or fixture of any kind shall be connected to the service line upstream of the location of the valve or stop and waste cock on the service line The valve or stop and waste cock shall be (a) installed and maintained by the property owner; (b) for his or her use in making extensions and repairs of the plumbing upon the property; and (c) accessible at all times Where necessary, a suitable box and key shall be provided " Section 5 Section 7 24 260 of Chapter 7 24 of the City of Yakima Municipal Code is hereby amended to read as follows "7.24.260 Interruption and resumption of service. klm ord /utility services rev 2 4 A. The city may at any time shut off irrigation system water service for the purposes of making emergency repairs B Irrigation system service to any premises will be suspended on the telephonic or personal request of the customer made to the division, subject to the fees set forth in YMC 7 50 040 Irrigation system service to such premises will be resumed on the request of the customer made in the same manner as the request for suspension of service, subject to the fees set forth in YMC 7 50 040 If a request for resumption of irrigation system service is made by someone other than the customer who requested suspension of service, an application for irrigation system service should be made in accordance with YMC Chapter 7 50 " Section 6 Section 7 24.290 of Chapter 7 24 of the City of Yakima Municipal Code is hereby amended to read as follows "7 24.290 Waste. It is unlawful for any person to waste irrigation system water willfully Waste is defined as irrigation water that is being applied to non - landscape areas and /or is running off the property_ Waste shall be determined by the division manager through reference to the actual need for irrigation water on the premises and the methods of use, delivery, and application of irrigation system water by others in the vicinity The division manager shall issue a notice of determination of waste to the property owner by registered mail to the billing address The property owner shall have fourteen days (excluding Sundays and legal holidays) from the date of mailing of such notice to terminate the waste " Section 7 Section 7 28 020 of Chapter 7 28 of the City of Yakima Municipal Code is hereby amended to read as follows "7.28.020 Power of city to control. All ditches, laterals, canals, pipes and headgates, and all appurtenances thereto, belonging to the city of Yakima, shall be under the control of the water /irrigation manager, who shall have full power to regulate the use of such water, to determine the quantity of water to be used by the various lot owners, and to determine when such water shall be used " Section 8 Section 7 28 025 of Chapter 7 28 of the City of Yakima Municipal Code is hereby amended to read as follows "7.28.025 Fruitvale Canal -- Irrigation water use and service fee - -Rate. An irrigation water use and service fee is established to be charged for irrigation water supplied directly to consumers from the Fruitvale Canal owned, operated and maintained by the city The irrigation water use and service fee shall be based on the area of land served with water from the canal at the rate of twenty -five dollars per acre, or fraction thereof, per year The fee shall be paid annually by irrigation water consumers according to billings therefore issued by the city " Section 9 Section 7 50 010 of Chapter 7 50 of the City of Yakima Municipal Code is hereby amended to read as follows "7 50 010 Accounts, how maintained A. All utility accounts shall be recorded in the Utility Services Division records by the house and street number of the property served, unless otherwise requested in writing, as well as under the account number assigned thereto and the name of the owner or of the person signing the application for service All bills and notices sent out by the Utility Service Division shall be sent klm ord /utility services rev 2 5 to the house and street number of the property served unless otherwise requested in writing by the tenant, non - resident owner or agent. All bills and notices for Irrigation accounts must be sent to the owner of the property If nonresident owners or agents wish to have personal notice sent to a different address, in addition to the normal billing address, they shall file an application on a form available from the Utility Services division requesting that service All utility accounts for premises that have more than one dwelling or commercial unit and which are serviced by one meter, shall be kept in the name of the property owner and all bills and account notices shall be sent to the property owner The customer whose name is on the account is responsible for reporting changes in account status, including account termination, to the utility services division The customer named on the account will be responsible for utility charges that occur if the Utility Services Division is not notified of changes in billing status B For purposes of computing the water service charge, where more than one individual consumer is supplied with water through one meter, the property owner shall be responsible for all charges and the bill shall be computed as follows. the water service charge shall be comprised of two portions, the first consisting of a ready to serve charge based on meter size as set forth in 7 68 250, the second consisting of a consumption charge The minimum consumption charge shall be computed by dividing the total consumption by the number of dwelling units If the result is less than 6 units of consumption per dwelling unit, each dwelling unit shall be charged for six units of consumption If the result is greater than six units of consumption per dwelling unit, then the actual computed consumption per dwelling unit shall be charged to each dwelling unit. This consumption amount shall be charged according to the consumption rates set forth in YMC 7 68 250, then the individual charges added together to obtain the total consumption charge There shall be no deductions for vacant premises For purposes of this section, each one family dwelling unit and each dwelling unit in a two family dwelling or in a multiple dwelling shall constitute one individual consumer Further, for purposes of this section, each separate mobile home site within a mobile home court, park or other mobile home complex shall constitute one individual consumer; provided, an automobile trailer court rather than each separate trailer site therein, shall constitute an individual consumer for purposes of this section C For purposes of computing the wastewater service charge imposed by Chapter 7 60, Sections 7 60 020, 7 60 025, and 7 60 050, each one - family dwelling unit and each dwelling unit in a two - family dwelling or in a multiple dwelling, as all those terms are defined in Title 12, Zoning, of the city of Yakima Municipal Code, shall constitute one individual consumer Further, for purposes of those sections, each separate mobile home site within a mobile home court, park or other mobile home complex shall constitute one individual consumer; provided, an automobile trailer court as defined in Title 12, Zoning, of the city of Yakima Municipal Code, rather than each separate trailer site therein, shall constitute an individual consumer for purposes of those sections Each such consumer constitutes a premises to which the minimum wastewater service rate is applicable, and there shall be no deductions for vacant premises The wastewater service charge shall be comprised of two portions, the first consisting of a ready to serve charge, the second consisting of a consumption charge The ready to serve charge shall be a charge for the account, plus a charge for each dwelling unit, as set forth in YMC 7 60 020 The consumption charge shall be the water consumption, minus any credits for deduction meters, multiplied by the rate set forth in YMC 7 60 020 D The City shall reserve the right to allocate partial payments to utility accounts in any way it deems appropriate " klm ord /utility services rev 2 6 Section 10 Section 7 50 020 of Chapter 7 50 of the City of Yakima Municipal Code is hereby amended to read as follows "7 50 020 Utility Deposits. A. Deposits Required on Initial Service At the time of application for utility service the director of the department of finance and budget, hereafter called director, or his /her designee, shall require an applicant for domestic water service, wastewater service, irrigation service, refuse service or any individual one of or combination of these services, who is someone other than the owner of the premises to be served, to deposit with the city of Yakima an amount of money to be held as security for the payment of all bills and claims for such utility service Such deposit shall be an amount equivalent to a three -month domestic water, wastewater, refuse, and irrigation service charge at the premises based upon an average of the preceding twelve months An applicant, other than the owner of the premises to be served, shall make a deposit or satisfy the credit policy described in subsection C of this section before utility service will be furnished B Deposit Waiver The Utility Services Manager shall waive the deposit requirements of an applicant who would otherwise be required to pay a deposit, as set forth in YMC 7 50 020 A. if one of the following criteria is met. 1 The applicant had prior utility service with the City of Yakima during the previous twelve consecutive months and during that period the applicant received no more than one suspension notice, or 2. The applicant provides written proof of utility service in another jurisdiction with proof of a satisfactory payment record for at least twelve consecutive months within the past two years C Deposits on Continued service A customer, including the owner of the premises served, shall pay a deposit as provided in this section when the customer's water service has been disconnected for nonpayment twice in any twelve -month period, or the customer has filed for bankruptcy so as to have required the City of Yakima to file its proof of claim for utility services, not to include Chapter 13 wage earner plans D Customer Hearing At least seven days prior to the termination of a customer's utility service for failure to pay a deposit where service has been established, the utility services manager or his /her designee shall mail a written notice to the customer at the mailing address shown on the account for utility service informing him /her of the date of termination of service, the reasons therefore and informing the customer of his /her right to a hearing before the utility services manager or his /her designee prior to such termination of utility service Provided that if the customer makes a written request for a hearing prior to the actual termination of utility service, the utility services manager or his /her designee shall conduct a hearing and notify the customer, in writing, of the time, date, and place of such hearing Pending the outcome of such hearing, utility service shall not be suspended The utility services manager or his /her designee may hold the hearing as provided herein at the same time as the hearing provided in Section 7 50 080 A of the city of Yakima Municipal Code E. Interest on Deposits Deposits collected under this section shall not bear interest. F Refund of Deposit. A customer who has paid a deposit shall receive a refund of such deposit, at the discretion of the director or his /her designee or under the following circumstances klm ord /utility services rev 2 7 1 The customer makes a request to the utility services manager or his /her designee, and 2 The customer proved his identity to the satisfaction of the utility services manager or his /her designee, and 3 The customer has achieved a twelve consecutive month or longer utility service history at the premises for which the deposit was made and during the most recent twelve -month period has experienced no service interruption due to non - payment of charges " Section 11 Section 7 50 030 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50.030 Suspension and resumption of service. Utility service is considered to be one service No individual utility service may be suspended unless all utility services are suspended Utility service to any temporarily unoccupied premises will be suspended at the customer's request made to the office of the division of Utility Services Charges for utility services for such unoccupied premises will be suspended until the customer requests resumption of service by the customer's notice to the office of the division of utility services, provided, when the resumption of service is at the request of, or for the benefit of, the customer served at the time service was suspended, an account reinstatement fee, as set forth in YMC 7 50 040(a), shall be charged to and collected from such customer on a subsequent billing All other normal service charges will be resumed at the time of the resumption of service " Section 12. Section 7 50 040 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50 040 Utility services fees. For purposes of this section business hours are considered to be 8 00 A.M to 6 00 P M Monday through Friday, excluding holidays The following fees and charges shall apply when the listed actions are taken /provided by the Utility Services Division The fees set forth in the following table shall be considered the base for calculations of future fee increases Once every two years beginning in March, 2008 (or as soon thereafter as reasonably possible based upon availability of the indices set forth herein) an adjustment shall be added to the base figures that is either eighty percent (80 %) of the December change in the United States Consumer Price Index for Wage Earners and Clerical Workers (CPI -W) for the Seattle, Tacoma, Bremerton region or eighty percent (80 %) of the December implicit Price Deflator for Personal Consumer Expenditures, whichever is lower and rounded to the nearest whole dollar, to reflect the changes in inflation for these two indices over the previous two calendar years (For purposes of determining the change in the CPI, the standard reference base period of 1984 = 100 will be used ) klm ord /utility services rev 2 8 a. Account Reinstatement Fee $15 00 b Start temporary water service (less than 24 hours in duration) $20 00 c. Immediate Service — Customer request $15 00 d Irrigation Shut -off fee $25 00 e Turn -on and Shut -off customer request for non - business hours $160 00 /call out f Meter Obstruction Charge (after notice) $40 00 Check Read Charge, after first accurate check read within one g billing cycle $15 00 h Lien processing fee $60 00 i Returned NSF check fee $40 00 j Field visit for delinquency $40 00 k. (For future use) Illegal turn -on, tampering of utility service or illegal connection as $100 00 fine plus 3X cost defined in 7 50 100 of any repairs" Section 13 Section 7 50 050 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50 050 Access to premises. The Utility Services Manager, Refuse Manager, Water and Irrigation Manager and the Wastewater Manager, or any of their authorized representatives, may enter any premises served by Yakima city utilities at all reasonable times to inspect, repair, or collect city property; provided, that if such building or premises be occupied, said manager or authorized representative shall first present proper credentials and demand entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and demand entry If such entry is refused, the respective Manager or any of his authorized representatives shall have recourse to every remedy provided by law to secure entry If the owner or occupant denies entry, the manager or his authorized representative shall obtain a proper inspection warrant or other remedy provided by law to secure entry No owner or occupant or any other persons having charge, care or control of any building or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit entry therein by the manager or his authorized representative for the purpose of inspection and examination pursuant to this code In the case of an emergency, City Utility employees shall have the right to enter the premises to repair or suspend service at any time " Section 14 Section 7 50 060 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50 060 Private meters. Where the use of water is such that a portion of all water used is lost by evaporation, irrigation, sprinkling or other cause, or is used in producing manufactured goods and commodities, and the customer provides proof of this fact and installs a meter or other measuring device klm ord /utility services rev 2 9 the customer provides proof of this fact and installs a meter or other measuring device approved by the city Utility Services Manager to enable measurement of the amount of water so used or lost, no wastewater charge shall be made for the amount of water so used or lost, except that in no case will the minimum wastewater charge be reduced Direct discharge of wastewater to fresh water or to points other than the city wastewater system shall not be cause for adjustment or reduction of the wastewater service charge Single family residences are eligible for a summer sewer base under YMC 7 50 120 and are not required to install a meter to measure water used for irrigation " Section 15 Section 7 50 070 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50 070 Home kidney dialysis. A residential customer who undergoes kidney dialysis at his or her home, or whose home is also the home of another person who undergoes home kidney dialysis, shall not be required to pay utility charges for domestic water service or wastewater service for the quantity of water That is necessary for the home dialysis In order to be excused from utility charges under this section, the residential customer must present to the utility services division written documentation from a recognized kidney dialysis center certifying that the person requires dialysis and the quantity of water needed for that person's dialysis " Section 16 Section 7 50 080 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50 080 Utility services charges - -When due -- Delinquency -- Suspension of service- - Hearing procedure -- Liens. A. All charges for water, wastewater, irrigation and /or refuse utilities shall be due and payable at the office of the city treasurer on or before the fourteenth day after the bill therefore is rendered Utility service charges shall become delinquent if unpaid twenty -one days after the due date Water service shall be suspended to any premises for which the service charge becomes delinquent, provided no water service shall be suspended until a written notice has been served upon or mailed to the customer, at least seven days prior to suspending service Such notice shall state the date on which service is to be suspended, the amount of delinquent charges, and that a customer may request, in writing, a hearing before the utility services manager or his /her designee to contest the suspension, provided such request is received by the utility services manager or his /her designee before the suspension date stated in the notice of suspension B Upon timely receipt of a request for a hearing, the utility services manager or his /her designee shall conduct a hearing, and the customer requesting the hearing shall be notified in writing by the utility services manager or his /her designee of the date, time and place of such hearing Pending the outcome of such hearing, no service shall be suspended C The wastewater service charge shall be payable at the office of the city treasurer It shall be billed with the domestic water bill and shall become payable at the same time as the domestic water bill for the premises becomes payable Any wastewater service charge which becomes delinquent shall immediately become an unfiled lien upon the premises The wastewater lien shall be effective for a total not to exceed one year's delinquent service charges without the necessity of any writing or recording of the lien with the County Auditor, as provided in RCW 35 67.215 In order to make such lien effective for more than twelve months' charges the city shall file a lien notice with the County Auditor in substantially the form provided in RCW 35 67 210, and shall foreclose said lien in the manner set forth therein A lien may be filed with the County Auditor's office when the amount of delinquent wastewater charges meets or klm ord /utility services rev 2 10 exceeds $1,500 Such lien may be foreclosed as described herein and shall be superior to all other liens and encumbrances except general taxes and local and special assessments, as provided by RCW D 1 All of the charges for garbage and refuse collection shall be billed with and payable at the same time and for the same period as billings and payments are made for other city utility services, or, in the event a customer is served by the municipal refuse division but is not served with any other city utility, garbage and refuse collection charges shall be billed and paid according to the schedule which would be applicable to such customer were he /she so served with another city utility service Accounts shall become delinquent if not paid within the time specified by subsection A of this section The city may file a lien for delinquent garbage and refuse charges by filing a notice specifying the delinquent charges, the period covered by the charges and the legal description of the premises sought to be charged with the County Auditor, in the form and within the time set forth for liens for labor and material as provided in RCW 60 04, et.seq Said liens shall be foreclosed in the manner and within the time prescribed for liens for labor and material, provided in RCW 60 04, et.seq 2. Garbage and refuse collection charges shall be suspended for any customer upon advance notice to the office of the division of utility accounts that a particular premises served will be unoccupied Such charges shall be resumed upon customer notification to such office to resume service No such suspension of charges for garbage and refuse collection service shall be made for any premises served with any other city utility unless all city utility service to such premises is likewise suspended Application for resumption of service to a new customer shall be made to the office of the division of utility accounts on forms provided for that purpose which shall contain the name of the customer and the street address and number of units of the premises to be served E. In the event of a delinquency in the payment of charges for domestic water service to any premises, the city shall have a lien against the premises to which domestic water was furnished for four months charges therefore due or to become due, but not for any charges more than four months past due, as provided in RCW 35.21 290 The city shall exercise a lien against such premises by discontinuing water service thereto, and as authorized in RCW 35 21 300 Domestic waters service to a premises shall not be reinstated until all outstanding delinquent charges, unpaid utility service charges and service cut -off charges, as set forth in YMC 7 50 040, have been paid F In the event the occupation of a premises is by someone other than the customer, the occupant or, in the case of a multiple dwelling, the manager or person in charge of the premises shall be notified, in writing, of the date of suspension of service and the amount of the outstanding delinquency G The City reserves the right to collect delinquent tenant accounts from the property owner These delinquent accounts may be sent to a collection agency in the owner's name " Section 17 Section 7 50 090 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows. "7 50 090 Irrigation accounts. A. All accounts of property receiving irrigation charges shall be identified in the records of the utility services division by the house and /or street number and under the account number assigned thereto, as well as by the name and address of the owner or of the customer All bills and notices related to irrigation that are sent out by the utility services division shall be sent to klm ord /utility services rev 2 11 the house and street number of the owner of said property Any changes in ownership and /or errors in the billing /mailing address shall be promptly reported to the utility services division by the property owner and /or their agent. B Effective January 1, 1998, a bill for each customer shall be generated every two months for irrigation system rates and charges incurred during the preceding two -month period For purposes of this bimonthly billing, the annual rates and charges set forth in YMC Section 7.24 100 shall be divided into six equal amounts The bill shall be rendered as part of the bill for other utility services rendered by the city, including domestic water, wastewater, and refuse collection All payments for irrigation system rates and charges shall be due and payable to the office of the treasurer on or before the fourteenth day after the bill therefore is rendered C All domestic water service and /or irrigation water service may be suspended to any premises for which the irrigation water service charge remains unpaid for a period of twenty -one days after the due date stated on the billing statement; provided, that no domestic water service or irrigation water service shall be suspended until a written notice has been served upon or mailed to the customer, at least seven days prior to suspending service Such notice shall state the date on which domestic water service and /or irrigation water service is to be suspended, the amount of delinquent charges, and that a customer may request, in writing, a hearing before the Utility Services Manager, or his /her designee, to contest the suspension, provided that such request is received by the customer service manager or his or her designee before the suspension date stated in the notice of suspension D Upon timely receipt of a request for a hearing as provided in subsection C, the Utility Services Manager or his or her designee shall conduct a hearing, and the customer requesting the hearing shall be notified in writing by the Utility Services Manager, or his /her designee, of the date, time and place of such hearing Pending the outcome of such hearing, no domestic water service or irrigation water service to the customer's premises shall be suspended E. In the event of a delinquency in the payment of charges for irrigation water service to any premises or property, the city may exercise its remedies as described in YMC 7 50 080 E, pursuant to RCW 35 21 290 and RCW 35 21 300, against such premises by discontinuing domestic water service and /or irrigation water service thereto If domestic water service and /or irrigation water service is suspended as a result of a delinquent utility service account in accord with subsection C herein, such service shall not be reinstated until all delinquencies and unpaid charges against such premises for irrigation water service have been paid " Section 18 Section 7 50 100 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50 100 Damage to City property It is unlawful for any person to tamper with or break, deface or damage any pipeline, valve, water meter or other waterworks appliance or fixture, or to interfere in any manner with the proper operation of any part of the water system of the City of Yakima. It is unlawful for any person other than those set forth in YMC 7 68 295, except in case of fire upon the premises or required maintenance or testing, to break or disturb any seal placed by the water division, or to open any fire gate, or to use water through any fire service connection, unless a meter is installed thereon Any person, firm or corporation violating any of the provisions of this subsection shall, upon conviction thereof, be punished by a fine of not more than three hundred dollars or by imprisonment in the city jail for a period not exceeding ninety days, or both such fine and imprisonment." klm ord /utility services rev 2 12 Section 19 Section 7 50 110 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50 110 Meter access. A. A minimum of 12" of clearance on each side of the City meter tile must be maintained to allow access to the City water meter B Private meters for irrigation or other deduction purposes must be located either outside any building, fenced or secured area, or must have a remote readout located in a readily accessible place outside of any building, fenced or secured area." Section 20 Section 7 50 120 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7.50 120 Water used for irrigation not to be charged as wastewater It is the intent of this chapter that for single - family residential customers, the portion of domestic water used exclusively for irrigation shall not be charged correspondingly for wastewater Single family residences are eligible for a summer sewer base and are not required to install a meter to measure water used for irrigation Upon application, where it can be shown to the satisfaction of the city utility services manager that the water consumption used to determine charges for wastewater is higher during the summer months due to some water being used for irrigation, the wastewater charge for the summer period may be adjusted to reflect based upon the winter months' water consumption Commercial, industrial and multifamily customers do not qualify for such an adjustment and must install a meter to measure the amount of water used for irrigation to support a reduction in wastewater charges Consumers who have installed domestic water service exclusively for irrigation use will not be billed for the wastewater service charge provided for in Chapter 7 60 without regard to date of commencement or termination of service, subject only to the minimum billings provided for in Section 7 68 255 " Section 21 Section 7 50 130 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7 50 130 Utility liens — debt recovery Utility liens shall be available to the city as a means of recovering delinquent utility charges as specifically permitted and provided by statutes pertaining to each individual utility provided by the city The city may enforce delinquent utility charges by application of the liens as described in this Chapter, and as specifically permitted by the policies of the Yakima City Council The city also reserves the right to seek recovery of delinquent accounts through all means permitted under the law, including but not limited to liens, service terminations, shutoffs and submission of past due accounts to collection, as may be deemed appropriate by the Utility Services Manager and /or as dictated by specific operational guidelines established by the Finance Department." Section 22. Section 7 50 140 of Chapter 7 50 of the City of Yakima Municipal Code is hereby added as a new section, to read as follows "7.50 140 Special circumstances, The Utility Services Manager, or his /her designee may waive any provision of this Chapter when specific circumstances render enforcement of such provision impractical or when in his /her sole judgment, unusual circumstances so warrant. Such waiver may be conditioned on such terms as the manager may determine are appropriate Any person aggrieved by an action of the manager regarding such a waiver may appeal the action to the Director of the Department of Finance and Budget. Any person aggrieved by the director's action regarding such appeal may appeal to the city council " klm ord /utility services rev 2 13 Section 23 Section 7 60 050 of Chapter 7 60 of the City of Yakima Municipal Code is hereby amended to read as follows "7 60 050 Meters required -- Penalty for violations - -Rates for metered and unmetered premises. A. Meters Required -- Penalty Commencing September 1, 1977, all premises thereafter newly connected or reconnected to the wastewater system shall have a meter, approved by the city Utility Services manager, installed to measure either the quantity of water supplied to the premises or the quantity of wastewater discharged into the wastewater system, and it shall be unlawful for any person, firm or corporation to thereafter connect any premises so as to be served by the wastewater system without installing a meter as required by this subsection Any property connected to the wastewater system prior to September 1, 1977 shall have a meter, approved by the Utility Services Manager, installed to measure either the quantity of water supplied to the premises or the quantity of wastewater discharged into the wastewater system This installation shall be made the first time the property changes ownership after the effective date of this ordinance Any person, firm or corporation who connects any premises so as to be served by the wastewater system in violation of this subsection shall upon conviction thereof be subject to a fee not exceeding two hundred fifty dollars or subject to imprisonment in the city jail facility for a term not exceeding ninety days B Rates for Metered Premises All premises served by either city domestic water service or by some other source of domestic water, and which have meters to measure all water supplies which are ultimately discharged into the city wastewater system shall pay wastewater service charges according to the rates specified in Section 7 60 020 or 7 60 025 of this chapter, and all premises which have meters to measure the quantity of wastewater discharged into the wastewater system shall likewise pay wastewater service charges according to the rates specified in Section 7 60 020 or 7 60 025 of this chapter C Rates for Unmetered Premises Premises with existing connections to the city wastewater system, but which have no meter to measure either the domestic water supplied to the premises or the wastewater discharged therefrom, shall be charged a wastewater service charge according to rates specified in Section 7 60 020 or 7 60 025 of this chapter in an amount determined by the wastewater manager to be based on the average charge for wastewater service to similar premises " Section 24 Sections 7 60 055, 7 60 060, 7 60 070, 7 60 080 and 7 60 090 of Chapter 7 60 of the City of Yakima Municipal Code are hereby repealed Section 25 Section 7 65 030 of Chapter 7 65 of the City of Yakima Municipal Code is hereby amended to read as follows "7 65.030 Use of public sewers required. A. It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property any human or animal excrement, garbage or other objectionable waste B It is unlawful to discharge into any public storm drain or ditch any wastewater or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter klm ord /utility services rev 2 14 C Except as provided in this chapter, 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 D The owners of all newly constructed houses, buildings or properties used for human occupancy, employment, recreation or other purposes, or owners of houses, buildings or properties utilizing a cesspool or have a failed on -site septic system shall be compelled to connect such facilities directly with the proper public sewer in accordance with the provisions of the chapter, provided that said public sewer is within two hundred (200) feet of the property line E The owners of all houses, buildings or properties used for human occupancy, employment, recreation or other purposes, and abutting on any street, alley or right -of -way in which there is now located or may in the future be located a public sewer of the city, are required at the owners' expense to install suitable toilet facilities therein and to connect such facilities directly with the proper public sewer in accordance with the provisions of this chapter within ninety days after date of official notice to do so, provided that said public sewer is within two hundred feet of the property line " Section 26 Section 7 65 060 of Chapter 7 65 of the City of Yakima Municipal Code is hereby amended to read as follows "7 65.060 Pretreatment standards and requirements. A. No person shall discharge or cause to be discharged to the POTW, directly or indirectly, any unpolluted waters such as stormwater, surface water, groundwater, artesian well water, roof runoff, subsurface drainage, swimming pool drainage, condensate, deionized water or noncontact cooling water, and unpolluted industrial wastewater to any sewer or natural outlet, unless approved by wastewater manager and other regulatory agencies whose approval is required by law (See Part 7 of this chapter) B No person shall discharge or cause to be discharged to the POTW, directly or indirectly, any pollutant or wastewater which will cause interference or pass through Furthermore, no discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged pursuant to a valid wastewater discharge permit or authorization from the wastewater manager 1 Any liquids, solids or gases which by reason of their nature or quantity are, or may be, sufficient either alone or by interaction to cause fire or explosion or to be injurious in any other way to the operation of the POTW, including, but not limited to, wastestreams with a closed cup flashpoint of less than one hundred forty degrees Fahrenheit or sixty degrees Centigrade using the test methods specified in 40 CFR 261 21 At no time shall two successive readings on a combustible gas meter, at the point of discharge into the system (or at any point in the system), be over five percent, nor any single reading over ten percent of the lower explosive limit (LEL) of the meter Prohibited materials include, but are not limited to, gasoline, fuel oil, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlorates, bromates, carbides, hydrides, sulfides and any other substances which are a fire hazard or hazard to the POTW 2. Solid or viscous substances in quantities or of such size that they will or may cause reduction of the effective cross - sectional area of a sewer, obstruction to the flow in a sewer, or other interference with the operation of the POTW In no case may solids greater than one -fourth inch in any dimension be discharged to the POTW klm ord /utility services rev 2 15 3 Any wastewater having a pH less than 5 5 or higher than 12 0, or having any other corrosive property capable of causing damage or hazard to structures, equipment or personnel of the system 4 Any wastewater having a BOD of more than three hundred mg /L. 5 Any wastewater having a suspended solids content of more than three hundred mg /L. 6 Any wastewater having a chlorine demand of more than twenty mg /L. 7 Any wastewater having an animal /vegetable (polar) based floatable oil, fat waste, oil or grease (whether or not emulsified), hexane or ether - soluble matter content in excess of one hundred mg /L, or a mineral /petroleum (nonpolar) based oil or grease (whether or not emulsified), hexane or ether - soluble matter content in excess of one hundred mg /L, or any petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass through, or any substance which may solidify or become discernibly viscous at temperatures above zero degrees Centigrade (thirty -two degrees F) 8 Any wastewater containing pollutants in sufficient quantity or concentration, either singly or by interaction, to injure or interfere with any wastewater treatment process, constitute a hazard to humans or animals, or to exceed the limitation set forth in categorical pretreatment standards, or state or local standards 9 Any pollutants which result in the presence of toxic, noxious or malodorous liquids, gases, vapors, fumes or solids within the POTW in a quantity that which either singly or by intersection are capable of creating a public nuisance or hazard to life or causing acute worker health and safety problems, or are sufficient to prevent entry into the sewers for their maintenance and repair 10 Any substance which may cause the POTW's effluent or treatment residues, biosolids or scums, to be unsuitable for reclamation and reuse or to interfere with the reclamation process In no case shall a substance be discharged to the POTW that, either alone or in combination with other discharges, will cause the POTW to be in noncompliance with biosolids use or disposal criteria, guidelines or regulations developed under Section 405 of the Act; or with any criteria, guidelines or regulations affecting biosolids use or disposal developed pursuant to the Solid Waste Disposal Act, 42 U S C 6901 et seq , as now or as it may be amended, the Clean Air Act, 42 U S C 7401 et seq , as now or as it may be amended, the Toxic Substances Control Act (TSCA), 15 U S C 2601 et seq , as now or as it may be amended, or similar state statutes or regulations applicable to the biosolids management method being used 11 Any substance which will cause the POTW to violate its NPDES and /or other disposal system permits 12 Any wastewater which imparts color which cannot be removed by the treatment process, such as, but not limited to, dye wastes and vegetable tanning solutions, which consequently imparts color to the treatment plant's effluent thereby violating the city's NPDES permit. Color, alone or in combination with turbidity, shall not cause the treatment plant effluent to reduce the depth of the compensation point for photosynthetic activity by more than ten percent from the seasonably established norm for aquatic life 13 Any slugload klm ord /utility services rev 2 16 14 Any sludges, screenings or other residues from the pretreatment of industrial wastewater discharges 15 Any wastewater containing any radioactive wastes or isotopes of such halfiife or concentration as exceed limits established by the city in compliance with applicable state or federal regulations 16 Any wastewater which causes a hazard to human life or creates a public nuisance 17 Any medical wastes 18 Any wastewater causing the treatment plant's effluent to fail a toxicity test. 19 Any wastes containing detergents, surface active agents, or other substances in such concentrations that they may cause excessive foaming in the POTW 20 Persistent pesticides and /or pesticides regulated by the Federal Insecticide Fungicide Rodenticide Act (FIFRA), 7 U S C 136 et seq , as now or as it may be amended, including, but not limited to Federal EPA Toxicity Characteristic Leaching Material Procedure Limit (mg /L) Aldrin 0 0 Dieldrin 0 0 Chlordane 0 030 2,4 -D 10 000 4,4' -DDT 0 0 4,4' -DDX (p,p' -DDX) 0 0 4,4' -DDD (p,p' -TDE) 0 0 a- endosulfan -Alpha 0 0 b- endosulfan -Beta 0 0 Endosulfan sulfate 0 0 Endrin 0 020 Endrin aldehyde 0 0 Heptachlor 0 008 Heptachlor epoxide 0 0 a -BHC -Alpha 0 0 b -BHC -Beta 0 0 c- BHC - (lindane) -Gamma 0 0 g -BHC -Delta 0 0 Lindane 0 400 klm ord /utility services rev 2 17 Methoxychlor 10 000 Pyridine 5 000 Silvex 1 000 Toxaphene 0 500 C No discharger shall discharge or cause to be discharged to the POTW, directly or indirectly, any of the following described substances unless discharged pursuant to a valid wastewater discharge permit or authorization from the wastewater manager 1 Any wastewater with a temperature which will inhibit biological activity in the POTW treatment plant resulting in interference but in no case, wastewater with a temperature at the introduction into the POTW which exceeds forty degrees Centigrade (one hundred four degrees F) 2 Any trucked or hauled pollutants, except pursuant to Section 7 65 420 3 Any dangerous wastes as defined in Chapter 173 -303 of the Washington Administrative Code (WAC), as now or as it may be amended 4 Flows which have the potential to adversely affect the hydraulic loading of the POTW, including the following categories A. Noncontact cooling water; B Stormwater and other direct inflow sources, and C Nonpolluted water or water which does not require significant treatment. D Wastes prohibited by this section shall not be processed or stored in such a manner that they could be discharged to the POTW All floor drains located in process or materials storage areas must discharge to the industrial discharger's pretreatment facility prior to discharging to the POTW E The general and specific prohibitions provided by this section apply to all dischargers to the POTW whether or not the discharger is subject to categorical pretreatment standards or requirements " Section 27 Section 7 65 070 of Chapter 7 65 of the City of Yakima Municipal Code is hereby amended to read as follows "7 65.070 Limitations on wastewater strength A. National categorical pretreatment standards as adopted and hereafter amended or modified by the U S Environmental Protection Agency (EPA) pursuant to the Act shall be met by all dischargers of the regulated industrial categories. The national categorical standards found at 40 CFR Chapter I, Subchapter N, Parts 405 through 471 are hereby incorporated B State requirements and limitations on discharges to the POTW shall be met by all dischargers which are subject to such standards in any instance in which they are more stringent than federal requirements and limitations, or those in this chapter or any other applicable ordinance klm ord /utility services rev 2 18 C The city may from time to time amend this chapter to provide for more stringent limitations or requirements on discharges to the POTW if such amendments are deemed necessary to comply with the objectives set forth in Section 7 65 010 of this chapter, or are otherwise in the public interest. D No discharger shall dilute its waste stream with potable or process water in any way, nor mix separate waste streams for the purpose of diluting a discharge as a partial or complete substitute for adequate treatment to achieve compliance with the standards set forth in this chapter E. No discharger shall discharge industrial waste -water containing concentrations (and /or mass limitations) that exceed any of the following local discharge limits unless prior written approval has been obtained from the wastewater division Daily Maximum Concentration Material (mg /L) Arsenic (As) 5 0 Barium (Ba) 100 0 Benzene 0 5 Beryllium (Be) 1 0 Cadmium (Cd) 1 0 Carbon Tetrachloride 0 5 Chlorobenzene 100 0 Chloroform 6 0 Chromium (Cr) 5 0 Copper (Cu) 2 0 o- Cresol 200 0 m- Cresol 200 0 p- Cresol 200 0 Cyanide (total) (CN) 1 5 1,4- Dicholorobenzene 7 5 1,2- Dichloroethane 0 5 1,1- Dichloroethylene (DCE) 0 0 (1) 2,4 Dinitrotolulene 0 13 Ethyl benzene 1 4 Hexachlorobenzene 0 13 Hexachloro -1,3- butadiene 0 5 Lead (Pb) 5 0 Mercury (Hg) 0 2 Methylene Chloride 1 7 Methyl Ethyl Ketone 200 0 klm ord /utility services rev 2 19 Nickel (Ni) 2.0 Nitrobenzene 2 0 Pentachlorophenol 2.0 Selenium (Se) 1 0 Silver (Ag) 5 0 Sulfide (liquid phase) 0 5 Tetrachloroethylene (PCE) 0 0 (1) Toluene 1 4 Trichloroethylene (TCE) 0 0 (1) 2,4,5 - Trichlorophenol 300 0 2,4,6 - Trichlorophenol 2.0 Vinyl Chloride 0 0 (1) Xylene 1 4 Zinc (Zn) 5 0 (1) 0 0 shall mean less than the mean detection limit (MDL) of the techniques prescribed in 40 CFR Part 136 If 40 CFR Part 136 does not contain sampling or analytical techniques for the pollutant in question, sampling and analyses must be performed in accordance with procedures approved by the EPA. The above limits apply at the point where the wastewater is discharged to the POTW All concentrations for metallic substances are for "total" metal unless indicated otherwise In the event any of these values are exceeded by one or more dischargers the wastewater division will require the individual discharger(s) exceeding the local discharge limits to pretreat their wastewater to an extent necessary to prevent interference with the operation of the POTW, pass through and adverse effects on the quality of the receiving waters, contamination of municipal biosolids, health and safety hazards to workers in the POTW, or violations of applicable federal or state regulations The city may impose mass limitations on discharges in cases where necessary to be consistent with federal categorical pretreatment standards, or under circumstances where concentration limits are impractical to apply Where a discharger is subject to a categorical pretreatment standard and a local limit for a given pollutant, the more stringent limit or applicable pretreatment standard shall apply The city reserves the right to establish, by ordinance or in wastewater discharge permits, more stringent standards or requirements on discharges to the POTW F All known, available and reasonable methods of pretreatment, in accordance with RCW 90 48 010 and WAC 173 - 216- 020(1), shall be used by a discharger to bring into compliance a wastewater discharge that does not comply with standards set forth in this chapter G The city reserves the right to enter into special agreements with industrial dischargers setting out special terms under which they may discharge wastewater to the POTW In no case will a special agreement waive compliance with a pretreatment standard or requirement. However, the industrial discharger may request a net gross adjustment to a categorical klm ord /utility services rev 2 20 standard in accordance with 40 CFR 403 15 They may also request a variance in accordance with 40 CFR 403 13 from the categorical pretreatment standard from EPA. Such a request will be approved only if the industrial discharger can prove that factors relating to its discharge are fundamentally different from the factors considered by EPA when establishing that pretreatment standard An industrial discharger requesting a fundamentally different factor variance must comply with the procedural and substantive provision in 40 CFR 403 13 " Section 28 Section 7 65 400 of Chapter 7 65 of the City of Yakima Municipal Code is hereby amended to read as follows "7 65.400 Criminal penalties. Any person who willfully, knowingly, recklessly or negligently violates any provision of this chapter through any act or omission shall, upon conviction, be guilty of a gross misdemeanor, punishable by a fine of not more than five thousand dollars or imprisonment not to exceed one year, or by both such fine and imprisonment. Each violation and each day of each violation shall constitute a separate offense Section 29 Sections 7 68 020, 7 68 025, 7 68 060, 7 68 200, 7 68.215, 7 68 225, 7 68.245, 7 68 252, 7 68 265 and 7 68 330 of Chapter 7 68 of the City of Yakima Municipal Code are hereby repealed in their entirety Section 30 Section 7 68 012 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.012 Definitions. The definitions set forth in this subsection apply throughout this chapter (1) "Backflow" means the flow, other than the intended direction of flow, of any foreign liquids, gases, or substances into the distribution system of a public water supply (2) "Backflow prevention device" means a device to counteract backflow (3) "Contamination" means the entry into or presence in a public water supply of any substance which may be deleterious to health and /or quality of the water (4) "Cross- connection" means any physical arrangement whereby a public water supply is connected, directly or indirectly, with any other water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains or may contain contaminated water, wastewater, or other waste or liquids of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow (5) "Manager" means the manager of the water /irrigation division of the city of Yakima, or his authorized agent. (6) "Health officer" means the Yakima County district health officer, or his authorized agent. (7) "Public water supply" means any system or water supply intended or used for human consumption or other domestic uses, including source, treatment storage, transmission and distribution facilities, where water is furnished to any collection or number of individuals, or is made available to the public for human consumption or domestic use (8) "Purveyor" means the city of Yakima or its authorized agent. klm ord /utility services rev 2 21 (9) "DOH" means the secretary of department of health (10) "Unit of consumption, (UOC)" means the basic unit of measure for water consumed, and shall contain one hundred cubic feet per unit. (11) "Domestic Service Line" means the pipe from the water main to five feet beyond the meter set. (12) "Fire Service Line" means the pipe from the water main to the property line " Section 31 Section 7 68 015 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.015 Applications. A. Water Service Installation All applications for service installations for water service shall be made at the office of Code Administration on printed forms furnished by the Water /Irrigation Division, and shall contain the name of the owner, an account number, and when possible a description of the property, lot, block, and addition, name of the street upon which the property fronts and the official street number assigned to the premises as shown by the records in the office of the city engineer, and the signature of the applicant agreeing to conform to the rules and regulations of the water /irrigation division that may be established by the city as conditions for the use of water All applications for service installations shall be made by the owner of the property to be served, or by his duly authorized agent, and shall state the size of service connection required, and the applicant shall at the time of making application pay to the city treasurer the amount of the fees or deposit required for the installation of the service connection as hereinafter provided " Section 32 Section 7 68 035 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68 035 Service pipes laid by water division The installation of service pipes extending from the main to the meter together with the necessary labor and materials for such construction shall be made by the water /irrigation division Provided, however, that at the discretion of the water /irrigation division manager, service pipes extending from the main to the meter may be installed by private contractors according to water /irrigation division approved plans and specifications Provided further, that all meters shall be furnished and installed by the water /irrigation division Backflow prevention devices, except for devices used as premise isolation, shall be installed by the owner /contractor /developer and inspected by the water /irrigation division and code administration Where backflow devices are used as premise isolation, all device and installation costs shall be born by the owner /contractor /developer At the discretion of the water /irrigation manager the device may be installed by the water /irrigation division or the owner /contractor /developer and shall be inspected by the water /irrigation division and code administration " Section 33 Section 7 68 040 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.040 Installation of services. klm ord /utility services rev 2 22 (a) A separate meter and service connection shall be installed to serve each one - family dwelling unit, as defined in Title 15, Zoning, of the city of Yakima Municipal Code, supplied with domestic water service, provided, for each multiple dwelling (including duplexes or apartment houses), co -ops, condominiums, and similar dwelling unit complexes with common walls, under single or common ownership or management, may be served by either a single meter and service connection or multiple meters and service connections at the option of the owner or manager thereof, regardless of whether the dwelling units therein are individual consumers for the purpose of computing water service charges as provided by YMC Section 7 50 0106 (b) Mobile home parks may be served by either a single meter and service connection or multiple meters and service connections at the option of the owner or manager thereof, regardless of whether the dwelling units therein are individual consumers for the purpose of computing water service charges as provided by YMC Section 7 50 0106, and shall comply with YMC Section 7 68 070 (c) (1) In the event of the sale or other transfer of title of any one - family dwelling unit constituting a portion of a multiple dwelling, co -op, condominium, or other similar dwelling unit complex so that such sold or otherwise transferred dwelling unit is separately owned, a separate meter and service connection shall be installed to serve each such separately owned dwelling unit; provided, this subsection shall not apply to the sale of dwelling units within condominiums by unit number according to applicable laws. (2) In the event a separate meter and service connection is required by this section, the city may discontinue water service to the premises which is required to be separately served until such separate meter and service connection is installed (d) After the applicant has complied with all the prescribed requirements relating to the application for service connections and has paid all charges, the city shall cause the property described to be connected with the municipal water system Wherever practicable the service connection shall be made in the street in front of the property to be served Each service shall consist of a tap and connection with the main pipe, a length of service pipe extending from the main to a curb cock and water meter situated outside of the traveled roadway adjacent to the property to be served, together with the necessary covers for meters and curb cock. (e) The city shall have the right to install a single service pipe from the main to the property line, of sufficient size to supply two or more separate properties, and with individual curb cocks and meters for the separate properties " Section 34 Section 7 68 043 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68 043 Service installation charges. A. Applicants for new water service installations shall pay to the director of finance and budget or his /her designee the installation charges as provided below which payment shall be made prior to such installation being commenced Three - quarter -inch service pipe with five - eighths -inch by three - quarter -inch meter $885 00 One -inch service pipe with one -inch meter 935 00 The installation charge for a new water service where a meter larger than one -inch diameter is to be installed shall be an amount adequate to pay all costs of materials and installation as computed by the water /irrigation manager or his /her designee " klm ord /utility services rev 2 23 Section 35 Section 7 68 055 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.055 Connection of temporary services to new mains. Where a main is installed in any street, properties on said street or within one -half block on side streets which are served through temporary services, private mains, or mains in alleys or on private property, shall have their service pipes changed to connect with the new main, and the water /irrigation division shall without charge install a service from the new main to a meter which shall be installed in the street in front of the property and the property owner or water user shall reinstall his service pipe to connect with the meter " Section 36 Section 7 68 065 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.065 Shut -off valve. A special shut off valve for a domestic service shall be installed on the pipe leading from the meter into each property served and no branch pipe, bibb or fixture of any kind shall be connected to the pipe between this valve and the meter This valve shall be installed and maintained by the property owner or water user; it shall be for his use in making extensions and repairs of the plumbing upon the property, and it shall be accessible at all times and, where necessary, a suitable box and key shall be provided In case the water is shut off from any service which is not provided with such a valve or with one which is not in good condition, the property owner or water user shall make arrangements to install, repair or replace such valve and the water shall not be turned on again until such valve has been installed, repaired or replaced " Section 37 Section 7 68 070 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.070 Cross connection control. A. Cross - Connections No water service shall be installed or continued in use by the purveyor unless the water supply is protected by backflow prevention devices as may be required by this section The installation or maintenance of a cross - connection which will endanger the water quality of the potable water supply of the city of Yakima shall be unlawful and is prohibited Any such cross - connection now existing or hereafter installed is declared to be a public nuisance and the same shall be abated The control or elimination of cross - connections shall be in accordance with this section, together with the latest addition of appropriate manuals of standard practice pertaining to cross - connection control approved by the Washington Department of Health (DOH) The manager shall have the authority to establish requirements more stringent than state regulations if he /she deems that the conditions so dictate The City of Yakima as the purveyor adopted rules and regulations pursuant to YMC 11 44, the City Plumbing Code, which shall be used to carry out the provisions of this section B Use of Backflow Prevention Devices (1) In the judgment of the purveyor and /or the Building Official, the backflow prevention devices shall be installed at the time the service connection is made to the premises or the materials used in connection with service connection or within any premises where the nature and extent of the activities, or the materials stored on the premises, would present an immediate and dangerous hazard to health and /or be deleterious to the quality of water should a cross - connection occur In the judgment of the purveyor and /or the Building Official backflow klm ord /utility services rev 2 24 prevention devices shall be required under the listed circumstances, even though such cross - connection does not exist at the time of installation, that include but are not limited to the following (a) Premises having an auxiliary water supply, unless the quality of the auxiliary supply is acceptable to the purveyor (b) Premises having internal cross - connections that are not correctable, or intricate plumbing arrangements which make it impracticable to ascertain whether or not cross - connections exist. (c) Premises where entry is restricted so that inspections for cross - connections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross - connections do not exist. (d) Premises having a repeated history of cross - connections being established or re- established (e) Premises on which any substance is handled under pressure so as to permit entry into the public water supply, or where a cross - connection could reasonably be expected to occur This shall include the handling of process waters and cooling waters (f) Premises where materials of toxic or hazardous nature are handled in such a way that if back siphonage should occur, a serious health hazard might result. (g) The following types of facilities will fall into one of the above categories where a backflow prevention device is required to protect the public water supply A backflow prevention device shall be installed at these facilities unless the purveyor and secretary determine that no hazard exists 1 Hospitals, mortuaries, clinics, 2 Laboratories, 3 Metal plating industries, 4 Piers and docks, 5 Wastewater treatment plants, 6 Food or beverage processing plants, 7 Chemical plants using a water process, 8 Petroleum processing or storage plants, 9 Radioactive material processing plants or nuclear reactors, 10 Mobile Home Parks, 11 Others specified by the DOH (h) Other premises, as specified by the City Plumbing Code YMC 11 44, where backflow prevention devices are required to protect the public water supply (2) The type of protective device required shall depend on the degree of hazard which exists (a) An air -gap separation or a reduced pressure principle backflow prevention assembly shall be installed where the public water supply may be contaminated with wastewater, industrial waste of a toxic nature, or other contaminant which could cause a high health hazard klm ord /utility services rev 2 25 (b) In the case of a substance that does not constitute a high health hazard, a double check valve assembly, air -gap separation, or a reduced pressure principle backflow prevention assembly shall be installed (3) Backflow prevention devices required by this section shall be installed at the meter, or at a location designated by the purveyor The device shall be located so as to be readily accessible for maintenance and testing, and furthermore, where no part of the device will be submerged (4) Backflow prevention devices required by this section shall not be installed until approved by Code Administration and the water /irrigation division (5) The policies, procedures, and criteria for determining appropriate levels of protection shall be in accordance with the DOH and the "Accepted Procedure and Practice in Cross Connection Control Manual -- Pacific Northwest Section -- American Waterworks Association, Third Edition," or any superseding edition and the City Plumbing Code YMC 11 44 (6) Any protective device required by this section shall be a model approved by the DOH A double check valve assembly or a reduced pressure principle backflow prevention assembly will be approved if it has successfully passed performance tests of the University of Southern California Engineering Center or other testing laboratories satisfactory to the DOH and the manager These devices shall be furnished and installed by and at the expense of the customer (7) Backflow prevention devices installed pursuant to this section, except atmospheric vacuum breakers, shall be inspected and tested annually, or more often if necessary Maintenance shall be at the customer's expense Whenever the devices are found to be defective, they shall be repaired, overhauled, or replaced at the customer's expense Inspections, tests, repairs, and records thereof shall be accomplished under the purveyor's supervision by certified testers and the customer will be charged according to the following schedule of fees (a) For air gap separation inspection $ 15 00 (b) For pressure atmospheric vacuum breaker test 15 00 (c) For double check valve assembly test 25 00 (d) For reduced pressure backflow assembly test 25 00 (8) No underground sprinkling device will be installed without adequate backflow prevention devices at the point from which the water for irrigation is taken from the public water supply (9) Failure of the customer to cooperate in the installation, maintenance, testing or inspection of backflow prevention devices required by this section and Washington Administrative Code 246- 290 shall be grounds for the termination of water service to the premises, or, in the alternative, the installation of an air -gap separation at the customer's expense C Cross - Connection Inspection (1) No water shall be delivered to any structure hereafter built within the city of Yakima or within areas served by the city water until the same shall have been inspected by the Code Inspector and the water /irrigation division for possible cross - connections and been approved as being free of same (2) Any construction for industrial or other purposes which is classified as hazardous facilities pursuant to subsection B (1) (g), where it is reasonable to anticipate intermittent cross - connections, or as determined by the manager, shall be protected by the installation of one or klm ord /utility services rev 2 26 more backflow prevention devices at the point of service from the public water supply or any other location designated by the purveyor (3) Inspections shall be made periodically of all buildings, structures, or improvements of any nature now receiving water through the city's system, for the purpose of ascertaining whether cross - connections exist. Such inspections shall be made by the purveyor D Installation Permits If cross - connection control devices are found to be necessary, the owner of the property served must apply to the city of Yakima Code Administration and Planning Manager for a plumbing installation permit. E Additional Remedies In the event an improper cross - connection is not corrected within the time limit set by the manager, or, in the event the purveyor is refused access to any property for the purpose of determining whether or not cross - connections exist; delivery of water to the property shall cease until the deficiency is corrected to the purveyor's satisfaction In addition, the purveyor may affect the necessary repairs or modifications at the expense of the property owner and refuse delivery of water to the property until the cost thereof shall have been paid " Section 38 Section 7 68 075 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68 075 New connections -- Plumbing regulations. (a) Any person, firm or corporation desiring to be connected with the domestic water system and domestic water supply of the city of Yakima shall, before such connection may be made, first comply with all plumbing regulations of the city of Yakima, including those contained in Chapter 11 44 City Plumbing Code (b) Any such person, firm or corporation desiring to secure such services and to be hereafter connected with the domestic water supply system of the city of Yakima outside of the city limits of said city, shall secure a permit as provided in Chapter 11 44 City Plumbing Code, and pay the inspection fees therein provided for and be subject to the inspection thereon provided for, the same as though said property were located within the city limits of the city of Yakima. (c) No person, firm or corporation shall hereafter be connected with the domestic water supply or domestic water supply system of the city of Yakima until such person, firm or corporation has fully complied with all the provisions of this chapter, and it shall be unlawful for the water /irrigation division to give any such person, firm or corporation, water service from the domestic water supply system of said city of Yakima or to connect the plumbing of such person thereto, until this chapter shall have been complied " Section 39 Section 7 68 080 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.080 Existing connection -- Plumbing repairs or alteration. No person, firm or corporation whose premises are now receiving water service from the domestic water supply, or domestic supply system, of the city of Yakima, shall alter, repair or add to any plumbing at said premises, unless such additional alterations or repairs shall be performed in compliance with Chapter 11 44 of this code, and a permit therefore obtained and inspection fees paid to the Office of Code Administration and Planning, and in case of a violation of this section by any person, firm or corporation, it shall be the duty of the water /irrigation division of this city to immediately discontinue water service to the premises, klm ord /utility services rev 2 27 until such violation shall have been removed as determined by the Code Administration and Planning Manager " Section 40 Section 7 68 085 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows. "7 68 085 Kind of service pipe. Service pipe and fittings for domestic and /or fire services shall be of brass, copper, cross - linked polyethylene tubing in sizes through two inch, high density polyethylene SDR 9 may be used for service line sizes 1 % and 2 inch and ductile iron pipe for diameters greater than two inch All materials used in service lines, except valves and similar devices shall be of like material, except where otherwise approved by the manager " Section 41 Section 7 68 095 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.095 Ownership of extensions and service pipe. The ownership of all main extensions, service pipes and appurtenant equipment maintained by the water /irrigation division shall be vested in the city of Yakima, and in no case shall the owner of any premises have the right to claim or reclaim any part thereof In case of privately owned mains and services and where there is no responsible organization or individuals as owners of such mains and services, work done as an accommodation shall not place ownership in the city of Yakima." Section 42. Section 7 68 205 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.205 Waste. It shall be unlawful for any person to waste water or allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures, or to use water closets without self - closing valves, or to use water in violation of the city's ordinances regulating said use of water The willful wasting of water shall be a misdemeanor; if such waste of water continues after receiving notice from the water /irrigation division to make repairs and to desist from the waste of water the water /irrigation division shall shut off the water supply from such premises until the necessary repairs have been made " Section 43 Section 7 68 210 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.210 Frozen services. All services and installations shall be placed at the depth required in YMC Chapter 11 44 in order to avoid all probability of freezing The water division shall be responsible for all meters and frozen services owned by the city Owners of property served shall be responsible for all other frozen services leading to and located on the premises served, and shall pay the cost of thawing of such privately owned pipes when necessary (a) All persons, firms or corporations engaging in the business of thawing frozen service installations shall comply with YMC Chapter 11 44 klm ord /utility services rev 2 28 (b) Any individual property owner desiring to thaw his own service connection where access thereto is had through any meter box, shall, before commencing such operation, secure a permit from the city water division Such permit shall be issued by the city water /irrigation division without charge The individual property owner shall be responsible for the costs of repairing any and all damages to the city's facilities caused by the thawing operation (c) In addition to any other penalties prescribed for violation of any of the provisions of this chapter, in the event of the violation of either (a) or (b) above, water service to the premises where any thawing operations are undertaken shall be discontinued immediately " Section 44 Section 7 68 230 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.230 Water meters. All water meters installed by the water /irrigation division, or by the previous owners of the water system, shall be and remain the property of the city, and may be removed or replaced, or changed as to size and type by the water /irrigation division whenever deemed necessary by the division " Section 45 Section 7 68 235 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.235 Repairing meters. The water /irrigation division shall maintain and repair all meters when rendered unserviceable through fair wear and tear and shall renew them if necessary, provided, however, that where replacement, repairs or adjustments of any meter is rendered necessary by the act of neglect or carelessness of the owner or occupant of any premises, any expense caused the water /irrigation division thereby shall be charged against and collected from the water consumer, and water service may be discontinued until the cause is corrected and amount charged collected " Section 46 Section 7 68 240 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.240 Testing and correcting meters. When a consumer makes a complaint that the bill for any past service period has been excessive, the utility services division shall have such meter reread and the service inspected for leaks If the consumer remains dissatisfied and desires that the meter be tested, upon written request, the water /irrigation division shall test the meter by means of a calibrated portable testing meter or a volume- measuring vessel, or shall replace the meter with a new or calibrated meter The consumer shall, if he or she so desires, be present when such test or meter replacement is made In case a test should show an error of over five percent of the water consumed in favor of the water /irrigation division a correctly registering meter will be installed and the bill will be adjusted accordingly, but such adjustment shall not extend back more than one service period plus one month from the date of the written request and the minimum charge shall not be affected " Section 47 Section 7 68.251 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.251 Bulk rate. klm ord /utility services rev 2 29 A. Commencing February 1, 2005, the charge for water supplied through fire hydrants, when the water is used by either the city or a private person for any use authorized by the water /irrigation division, shall be the same as the highest UOC charge set forth in YMC 7 68 250 No charge shall be made for water supplied through fire hydrants when the water is used for fire suppression or for maintenance and operation purposes by the city B All water served through a fire hydrant shall comply with YMC 7 68 300 C Daily meter assembly use charge for temporary water service shall be four dollars ($4 00) for each day or portion thereof, when used for ten (10) days or less Assembly use charge for temporary water service for eleven days or more shall be forty dollars per month (eleven days to thirty days) The minimum meter assembly use charge shall be four dollars." Section 48 Section 7 68 275 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.275 Fire services. All fire service connections between water mains and property lines shall be installed and maintained by the water division at the expense of the owner or occupant of the premises served, and shall be the property of the city of Yakima. At or before the time of making application for such services the applicant shall file an application with the Code Administration and Planning division as required by Chapter 11 of the city of Yakima Municipal Code and comply with the IBC /IFC Each single source fire protection system, and each fire service connection shall have a resilient seat gate valve with a standard valve box installed at the property /right of way line by the customer and maintained by the customer as well as backflow prevention as required in YMC Section 7 68 070 The manager of the water division or a designee shall fix the charge to be made for the installation of such service taking into consideration length and size of pipe, condition of street and sidewalk, all relative to character of service, and such charge shall be paid to the City by the applicant before such installation shall be made Fire service connections shall not be used for combined fire protection and commercial purposes where separate service connections can be installed In no case shall any tap be made upon, or any tank be connected with, any pipe used for fire protection unless a water meter is installed The use of water through a fire service connection for any purpose other than the extinguishing of a fire on the premises is prohibited unless authorization has been granted by the water manager or a designee and a meter provided by the water division is installed to measure all water so used A single fire service connection shall not serve more that one parcel or lot nor serve more than one building on a single lot or parcel " Section 49 Section 7 68 280 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.280 Fire service inspection. The water /irrigation division shall inspect all fire service connections with piping, valves and other appurtenances thereto, and the premises served thereby, at regular intervals and as often klm ord /utility services rev 2 30 as found necessary The inspector shall keep a record of all inspections made Should an inspector find that water is used through a fire service for any purpose other than the extinguishing of fire upon the premises, the owner or occupant will be given notice to discontinue such use If such use is not discontinued within ten days from such notice being given Water service to the premises shall be discontinued until such time as the owner or occupant complies with the requirement of such notice No charge will be made for water used in extinguishing fire " Section 50 Section 7 68 290 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.290 Maintenance of fire hydrants. The water /irrigation division shall install, maintain and keep in repair all public city fire hydrants " Section 51 Section 7 68 295 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.295 Use of fire hydrant. No person other than an employee of the Yakima water /irrigation division, fire department, street division, wastewater division or codes division who is engaged in fire fighting, sprinkling or washing the public streets, cleaning sewers or conducting fire flow tests, shall operate fire hydrants or interfere in any way with the city water system without first obtaining a water meter and the authority to do so from the water /irrigation division " Section 52 Section 7 68 300 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.300 Temporary domestic water service. A. Conditions of Use Temporary domestic water service through an existing fire hydrant or by means of other existing water lines will be furnished to a customer on the following conditions 1 Application for such service shall be made in person to the water /irrigation division 2 Water furnished through the temporary service shall be measured by a meter assembly, to be furnished by the city, for the use of which the customer shall pay to the city the amounts as prescribed in YMC Section 7 65 251 3 The customer shall only connect to a hydrant prescribed on the application for service 4 When the meter assembly is installed by city employees, the customer shall pay to the city the actual labor cost incurred by the city, based in the then applicable payroll charges, including overhead, for actual hours of labor involved, all as determined by the water /irrigation division of the city, with a minimum one -hour charge 5 The customer shall pay the city the actual cost for equipment used in making such installation, based on the then current city rental rates for the actual hours of equipment usage, all as determined by the water /irrigation division of the city, with a minimum one -hour charge 6 The customer shall pay for water furnished through a temporary service pursuant to YMC Section 7 68 251 klm ord /utility services rev 2 31 7 The customer shall return the water meter assembly in the same state of repair as when furnished to the customer by the city, or shall be responsible to the city for the actual cost of any meter assembly repair, or the actual total cost of the meter assembly in the event of its destruction 8 The customer shall give notice to the Yakima fire department of the location of hydrants to be used for temporary service, and the duration of such use B Billing Bimonthly billings will be rendered by the city to temporary water use customers, for the applicable charges as specified in subsection A of this section and YMC Section 7 68.251, with payment due within the same time as other billings for city utility services, provided, if the temporary service is furnished for a period of time less than the two -month billing period, payment shall be due at the time such temporary service is discontinued and the meter assembly returned to the city C Customer to Sign Agreement. Prior to the installation of the meter assembly by which a temporary water service will be furnished, the applicant for such service shall sign an agreement to comply with the provisions, terms and conditions of this section D The provisions of this section do not require or authorize temporary domestic water service by or through any other than the water lines or fire hydrants existing at the time application for such service is made, and neither this section nor any agreement signed pursuant to it for temporary water service shall be construed to require the installation or extension by the city of any water line or facility to furnish temporary water service, either within or outside the corporate boundary of the city " Section 53 Section 7 68 305 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.305 Abandoned services. All service installations connected to the water system, that have been abandoned or that have not been used for three years or that for any reason have become useless for further service, shall be disconnected at the main by the water /irrigation division or by others in accordance with plans and specifications approved by the City Engineer, and all pipe and appurtenances removed shall be the property of the city of Yakima." Section 54 Section 7 68 310 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows. "7 68.310 Extensions of mains other than by city All extensions of water mains shall be made either by the water /irrigation division at the expense of the owners of the property to be served thereby, or by the owners of said property under the supervision of the City Engineer and in accordance with the plans and specifications approved by the City Engineer and in accordance with Title 12 of the Yakima Municipal Code " Section 55 Section 7 68 315 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.315 Ownership and control of extensions of water mains. Unless deeded to the city, all existing extensions of water mains and appurtenant equipment installed by persons, firms or corporations, other than the city, shall be and remain the property of such persons, firms, or corporations, and of their heirs, successors or assigns, and shall be klm ord /utility services rev 2 32 maintained by them Any repair or maintenance work done by the water division /irrigation as an accommodation shall not place ownership in the city In case a property owner desires to have a water service and meter installed and to be supplied with water through such a privately owned main, a permit must first be obtained from whomever owns or maintains such water mains and such permit shall be filed with utility billing In case such a permit can not be obtained due to there being no recognized owner or authorized person, the applicant for service and meter installation and for water service shall be obligated to perform his part in maintaining the main and to having water service discontinued if the main is not properly maintained All installations of water main extensions, additions and replacements, and appurtenances thereto, outside of the city limits shall, when made in the manner stipulated in Section 7 68 310, be and remain the property of the city of Yakima after all payments for installations have been made or satisfactorily provided for, and after such installations have been tested and accepted by the City Engineer and after the persons or person responsible for the construction of the extensions have relinquished all right to or interest in the ownership of said extensions, such extensions shall be maintained by the city and operated by the water /irrigation division as part of the distribution system and the water /irrigation division shall exercise complete control over said extensions Nothing in this section or Section 7 68 310 shall be construed so as to effect the term of any written agreement or contract binding on the city of Yakima." Section 56 Section 7 68 320 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.320 Street work. All persons, contractors, corporations or any city department handling street work, such as grading, regrading, filling, trenching or paving, etc., shall give the water /irrigation division fourteen days' written notice in case it becomes necessary during the work to remove, displace or change any water mains, pipes, fittings, meters, gates or other water works' appurtenances that may interfere with the prosecution of such work, and failure to furnish said notice shall make the contractor, corporation or person, or other city department liable to the water /irrigation division in case damages should result from such failure " Section 57 Section 7 68 325 of Chapter 7 68 of the City of Yakima Municipal Code is hereby amended to read as follows "7 68.325 Connection with conductors. Any uninsulated conductor which may convey electric current shall not be connected with any pipe or equipment which connects to the City water distribution system, without the consent of the manager, all as provided in RCW Chapter 19 28 All such connections shall further comply with applicable electrical codes In case a city water pipe is found which conveys noticeable amount of electric current, the manager shall immediately notify the owner of premises supplied by said pipe and the water supplied to said premises shall be discontinued until the electric current is removed " Section 58 Section 7 72 020 of Chapter 7 72 of the City of Yakima Municipal Code is hereby amended to read as follows "7 72.020 Permit and inspection to secure connection with domestic water supply system. klm ord /utility services rev 2 33 Any such person, firm or corporation desiring to secure such services and to be connected with the domestic water supply system of the city of Yakima shall secure a permit as provided in Chapter 11 44 Plumbing Code " Section 59 Section 7 72.030 of Chapter 7 72 of the City of Yakima Municipal Code is hereby amended to read as follows "7 72.030 Violations -- Compliance with this chapter No person, firm or corporation shall be connected with the domestic water supply or domestic water supply system of the city of Yakima until such person, firm or corporation has fully complied with all the provisions of this chapter; and it is unlawful for the water division to give any such person, firm or corporation, water service from the domestic water supply system of the city of Yakima or to connect the plumbing of such person thereto, until this chapter has been complied with by such person, and at the time application is made to utility billing of the city of Yakima by such person, firm or corporation for water service, proper showing shall be made and presented showing compliance with this chapter " Section 60 Section 7 78 020 of Chapter 7 78 of the City of Yakima Municipal Code is hereby amended to read as follows "7 78.020 Transfer of water service authorized. Any domestic water consumer served by a private domestic water supply company may discontinue such private domestic water service and connect to and be served by the city of Yakima domestic water system upon the approval, by resolution of the city council, of an application to the manager of the water /irrigation division of the city, or his or her authorized agent, by the owner of the property served, for the transfer of service The manager of the water /irrigation division shall forward the application for transfer of service to the city council with a recommendation regarding the application The city council may authorize the execution of a contract, or contracts, with any private domestic water supply company providing for transfer of service to domestic water consumers within an area or along routes specified in such contract. The city council's approval of such transfer of service, whether pursuant to individual application or to a contract with a private domestic water supply company, may be conditional and subject to requirements which the city council may specify in any particular instance, and may be approved by the city council either with or without a requirement that the consumer pay connection charges pursuant to Chapter 7 56, notwithstanding this code or any ordinance of the city of Yakima which may otherwise require such fees to be paid " Section 61 Section 10 10 020 of Chapter 10 10 of the City of Yakima Municipal Code is hereby amended to read as follows "10 10 020 Fire hydrants required -- Testing. A. All buildings constructed or located within the city of Yakima after the effective date of this chapter, also including structures or dwellings within travel trailer courts, mobile home parks and planned developments, shall be served by fire hydrants, installed in accordance with the provisions of the International Fire Code (IFC) as adopted by the City of Yakima. B Fire hydrants installed prior to 1979, which do not conform with the requirements of the IFC as adopted by the City of Yakima shall, when replaced, be replaced with fire hydrants conforming to the requirements of the IFC C All city and water district public fire hydrants within the city shall be subject to inspection and testing annually Said test data shall be maintained by the water /irrigation division klm ord /utility services rev 2 34 D All private fire hydrants within the city shall be subject to inspection and testing every 6 months The results of the inspections and testing will be provided to the Code Administration and Planning division E. All private fire hydrants shall be completely painted red and have the proper port and orientation in regards to the port. Private fire hydrants shall be installed based on current guidelines for hydrant installation as set forth in YMC 10 10 050 " Section 62 Section 10 10 030 of Chapter 10 10 of the City of Yakima Municipal Code is hereby amended to read as follows "10 10 030 Submission of plans and approved installation required. A. Two copies of detailed plans and specifications accurately indicating the location of all proposed fire hydrants, valves and attendant water lines, shall be submitted to and approved by the Code Administration and Planning Division and city engineer prior to commencement of construction thereon B All required hydrants and mains shall be placed in service prior to issuance of a building permit or commencement of building construction relative to any new structure, or alteration of or addition to any existing structure unless an alternate method of protection acceptable to the code administration manager is furnished during construction, provided, in any event, all required hydrants and mains shall be placed in service prior to occupancy or use of any new structure " Section 63 Section 10 10 040 of Chapter 10 10 of the City of Yakima Municipal Code is hereby amended to read as follows "10 10 040 Plans and installations to conform to specifications and standards- - Adoption of standards by reference. A. Fire hydrants, connecting pipelines, valves and appurtenances, including plans and installation details not specifically regulated by this chapter, shall conform to design standards and specifications promulgated by the owner of the attendant water system, to specifications of the city of Yakima's Code Administration and Planning manager and City Engineer and to accepted standards of sound engineering practices B Fire hydrants, connecting pipelines, valves and appurtenances further shall conform to the specifications and standards published in the following publications which are adopted and incorporated as fully as if set out in full herein 1 Guide for Determination of Required Fire Flow, published by the Insurance Service Office of the Municipal Survey Service, 2 Washington State Department of Health Water System Design Manual, 3 The following AWWA Standards, published by the America Water Works Association Standard C104 Ductile Iron Pipe Standard C105 Ductile Iron Pipe Encasement Standard C110 Ductile Iron Pipe Fittings Standard C111 Ductile Iron Pipe Gaskets Standard C115 Ductile Iron Pipe Flange Standard C150 Ductile Iron Pipe Design klm ord /utility services rev 2 35 Standard C151 Ductile Iron Pipe Design Standard C502 Hydrants Standard C509 Valves Standard C600 Ductile Iron Pipe Installation Standard C651 Disinfection of Water Mains" Section 64 Section 10 10 050 of Chapter 10 10 of the City of Yakima Municipal Code is hereby amended to read as follows "10.10 050 Fire hydrant type and installation requirements. A. All public fire hydrants, which shall include those hydrants situated on a street right -of -way or public utility easement and maintained by the city or a water district, and all private fire hydrants, which shall include those hydrants situated on private property for firefighting purposes, shall be restricted primarily to use for firefighting purposes and shall be maintained accessible for immediate use for such purposes at all times pursuant to IFC Section 508 B All fire hydrants shall have three total outlets, two outlets that are national thread standard hose outlets of two and one -half inches in diameter, and one five -inch storz quarter -turn quick - connect outlet. C All fire hydrants shall stand plumb D All fire hydrants shall be set to finished grade with the lowest outlet thereof no less than eighteen inches above grade and with no less than thirty -six inches of unobstructed area for the operation of hydrant wrenches on all outlets and the control valve nut pursuant with IFC 508 5 5 Flush -type hydrants, which hydrants are installed below grade, are prohibited except upon written approval of the code administration and planning manager and the fire chief pursuant to a showing of extreme necessity E All fire hydrants shall be installed with the pumper port facing the nearest street, unless the Code Administration and Planning Manager designates a different public highway or direction as a more likely route of fire truck approach or location for pumping F All fire hydrants shall be adequately protected against vehicular damage in a manner prescribed by IFC Section 508 G All fire hydrants shall be equipped with an auxiliary resilient seat gate valve installed between the service line and the hydrant to permit repair or replacement of the hydrant without disruption of water service H All fire hydrant installations on dead -end mains or temporarily dead -end mains shall include provisions for looping, together with minimum easements of sixteen feet therefore, unless the City Engineer and the Water /Irrigation Manager approves for good cause a different installation design I All private fire hydrants situated on private property for firefighting purposes which are connected to the city of Yakima's or a water district's water system shall be equipped with a backflow prevention device as required in Section 7 68 070 of the Yakima Municipal Code and be subject to monthly service charges in accordance with Section 7 68 275, 7 68 280 and 7 68 282 of the City of Yakima Municipal Code " klm ord /utility services rev 2 36 Section 65 Section 10 10 060 of Chapter 10 10 of the City of Yakima Municipal Code is hereby amended to read as follows "10 10 060 Fire hydrant water supply requirements. A. All fire hydrants shall be supplied by water of a municipal water system or a water district unless otherwise authorized by the Code Administration and Planning Manager and the Water /Irrigation Manager B All fire hydrants installed in residential zones after 1979 shall be supplied by eight -inch circulating mains The City Engineer and the Water /Irrigation Manager may approve installation of six -inch mains for lines no longer than six hundred feet when connecting to existing six -inch mains C All leads from service mains to fire hydrants shall be at least six inches in diameter " Section 66 Section 10 10 070 of Chapter 10 10 of the City of Yakima Municipal Code is hereby amended to read as follows "10 10 070 Fire hydrant location and number requirements. A. The distance between fire hydrants in single - family zones shall be pursuant to IFC Section 508 and IFC Appendix C B The maximum distance between fire hydrants in other than single - family zones shall be pursuant to IFC Section 508 and IFC Appendix C C The length of any fire hydrant lead shall not exceed one hundred fifty feet. D Not more than one fire hydrant shall be installed on a six -inch main between intersecting mains and not more than two fire hydrants shall be installed on an eight -inch line between intersecting mains " Section 67 This ordinance shall be in full force 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 7 day of March ,2006 it" / ATTEST David Edler, Mayor City Clerk Publication Date 1 -1 0 -2006 Effective Date 4 -9 -2006 klm ord /utility services rev 2 37 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3 For Meeting Of March 7, 2006 ITEM TITLE. Proposed Modernization and Update of the Yakima Municipal Code Relating to Water, Irrigation, Wastewater and Refuse Utilities SUBMITTED BY Refuse Division Utility Services Division Information Systems Wastewater Division Permitting / Codes Division Division Water & Irrigation Division Engineenng Division Finance Division CONTACT PERSON /TELEPHONE Pete Hobbs, Utility Services Manager; # 575-6080 Brown, Water / Irrigation Manager; # 575 -6204 Doug Mayo, Wastewater Manager; # 575 -6077 Nancy Fortier, Refuse Manager; # 575 -6005 SUMMARY EXPLANATION This agenda item is a follow up to the April 26, 2005 Council Study Session and the December 6, 2005 Council Meeting. These two meetings were the culmination of approximately eighteen months of dedicated work by members of the City's Utility Operating, Utility Customer Service, Codes /Permitting, Engineenng, Finance and Information Systems Divisions Staff from each of these divisions has been diligently working to review and update the numerous policies, practices and procedures utilized by our employees in the delivery of services to our utility customers A major component of these efforts included a comprehensive review of the requirements and restrictions of our current policies as identified in the Yakima Municipal Code (YMC) Staff identified a number of sections of the City's Municipal Code that are outdated, inadequate and /or unenforceable, and in many cases, were preventing us from operating efficiently and effectively Continued Resolution Ordinance X Other (Specify) Contract Mail to (name and address) Phone Funding Source N/A APPROVED FOR SUBMITTAL �- �• � Ci Mana.er STAFF RECOMMENDATION Pass Ordinance. BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION Ordinance passed, as amended. ORDINANCE NO. 2006-07 \ \Apollo \Users \ranson \COUNCIL \Council Agenda Items \2006 \03 -07 -06 Agenda - Utility YMC Changes.doc As a result of staff's eighteen months of in -depth review of policies and practices, numerous recommendations for changes to the YMC were prepared and presented to Council at an April 2005 Council Study Session. At this meeting, Council reviewed all of staff's recommendations, accepting most and requested further study of a few specific items. Staff then worked with the Council Utility Committee during 2005 to further review and refine these recommendations. Staff also met with the Landlord's Association on specific recommendations of interest to them. In December 2005, staff brought back updated recommendations to the full City Council. At the December meeting, Council — as constituted at that time - accepted a number of changes to the YMC and directed staff to prepare legislation to enact these changes and to submit this legislation to Council early in 2006. Note: there is one change that has been made to the final legislation that differs from the direction given to staff at the December 2005 Council meeting; this change is in the area of property liens for delinquent wastewater and refuse bills. Council directed staff to lien property when these delinquent accounts reached $1500 Upon further legal review of the state regulations regarding utility property liens, it became apparent that to maintain our rights to lien property under state law would effectively eliminate our ability to pursue these accounts through a collection agency — due to the time restrictions for filing liens under state law and other issues as identified in a memo to Council included m last week's Council packet. After discussing this issue with several council members, staff made the change to the enclosed legislation to reserve the City's nght to collect delinquent utility bills through all means authorized under state law — including, but not limited to placing a lien on property for a delinquent account. This provides the needed flexibility to pursue the recovery of these bills in the most efficient and effective manner available, dependent upon the circumstances. (With this change, the general operating practice would remain that the City would send delinquent accounts to the collection agency and not lien property ) Staff would like to thank the City Council for their work with and direction to staff on this important task over the past year, and we respectfully request Council's adoption of this package of changes to utility policies contained in the Yakima Municipal Code.