ORDINANCE NO. 331
AN ORDINANCE
OF THE TOWN OF SOUTH PRAIRIE, PIERCE COUNTY, WASHINGTON ESTABLISHING
GENERAL REGULATIONS FOR SEWER AND WATER FOR
Whereas,
the
Town desires to establish comprehensive utility, sewer
and water ordinances and has, simultaneous with the passage of this ordinance, has passed Ordinance
#330 which repeals water ordinances #317, #286, #277, #230, #228, #156,
#139, #123 and #100 and Resolution
#164 which repeals sewer use and hookup fee ordinances #131, #142 and #146, and
Whereas, to facilitate the ease of use and
understanding of the ordinances dealing with utility, sewer and
water, consolidated comprehensive
ordinances are necessary, and
Whereas, the establishment of general regulations for utilities in
general in conjunction with the establishment of regulations specifically for sewer and
water make for an organized and easy to use system, and
Whereas, the establishment of general regulations for utility is in harmony with the
Comprehensive Plan and has no adverse environmental significance.
Now, therefore, the Town
Council of the Town of South Prairie, Pierce County, Washington do ordain as
follows:
Ordinance No.: 331
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Draft Date: December 9, 1996 Ordinance Requested by:
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Section 1
Section 1: Utility Payment: All
bills for water and/or sewer
and/or other utilities are due and payable on the 5th day of each month for the previous month. Billings will be
sent out by the 6th of each month
from the Town Treasurer, and if not paid in full on or before the 5th day of the following month, a
penalty of 5% of the delinquent amount shall be added on the 6th day of
the following month, and thirty (30) days
after due. The water service to the
premises may be terminated if the bill and penalty remain unpaid. The water shall not, in any instance, be
turned on until all charges are paid in full.
Section 2: Charge for Check Payment
Drawn
Upon NSF or Closed Account: There
is hereby established a service charge in an amount to be established and amended from time to time by resolution that
is billed to any customer whose utility
check to the Town is returned by a
bank because the customer does not have sufficient funds to cover the check or the customer's bank
account is closed, and a service
charge shall not affect any other statutory rights, civil and/or criminal, that the Town may have by
virtue of receiving such check and the Town's right of action thereon.
Section
3: Costs of Relocating Existing Service: The Town shall charge the actual time and material costs
for the relocation of existing
service of any Town utility at the owner's request. The estimated cost is payable in advance and will
be adjusted upon completion.
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Section 4: Turn On or Turn Off
Order:
A.
A written "turn on" or "turn
off" order by the owner or his authorized
agent must be given to the utility department.
B.
Should
the utility be turned on for the premises by anyone except
proper officers or employees of the Town, or those acting by permission of the Town, after it has
been turned off, at the Town's stop clock, the service will be disconnected and shall not be turned on again
except on the payment of a charge
established and amended from time to time by resolution of the Town
Council.
Section 5: Meter
Testing:
A.
Where
the accuracy of the record of an utility meter is questioned, it shall be removed at the customer's request (not more often than once in twelve months) and shall
be tested and report thereon duly
made. For each request by any customer in excess of one in twelve months, the following rules will apply.
B.
If a test discloses an error against the customer of
more than 3% of the meter's registry, the excess consumption
of the three previous readings shall
be credited to the customer's meter
account and the Town will bear the expense of the test, and the deposit required as hereinafter
prescribed shall be returned; on the
other hand, where no such error is found, the person that has requested the test shall pay the charge fixed
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for
such test. Before making a test of any meter as provided above, the person requesting such test shall, at the time of
filing of his request of the utility department, make a deposit of the amount charged for such test, subject to the
conditions herein stated; such charges are fixed as established and amended from time to time by resolution of the
Town Council. No meter shall be removed or in anyway disturbed or seal broken except in the presence and under the
direction of the Town Utility Superintendent.
Section 6: Condemned Buildings: The
utility department shall
disconnect the utility service to any
building condemned as unsafe or
uninhabitable by the Town Building Inspector or health officer until the
condition is abated.
Section 7: Tampering with System
Prohibited: It is unlawful for any person intentionally to break, deface or damage any utility
meter, gate, pipe or other utility works,
appliance or fixture, or in any
other manner interfere with the proper operation of any part of the utility system of the Town or any person
that turns on the Town utility
without the permission of the Town and/or otherwise use the utility without paying compensation for
such use to the Town, and any one
found violating any one of these provisions is guilty of a misdemeanor.
Section 8: Transfer of Account: There
shall be a charge as
established by resolution of the Town, and
amendments thereto, for utility
service transferred from one individual or entity to another; provided, such charge shall be levied
once for all
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utilities charged to the same account rather than for
each utility.
Section 9: Lien Upon Property: All charges for water and/or sewer service, for connections thereon, and all charges for turning
water on after the same has been cut off as
herein provided, together with the
penalties and interest thereon, as provided by this title, shall be a lien upon the property which such connection
is made for water and/or sewer service is
rendered, respectively, superior to
all other liens or encumbrances whatsoever except those for general taxes and special assessments.
Enforcement of such lien or liens shall be as in the
manner provided by law for enforcement of the same for
delinquent water and sewer service charges.
Section
10: Water Cut
Off to Enforce Lien: The Utility Superintendent of the Town is authorized at the
end of sixty days, after notice
given to pay charges or assessments, to cut off water services from the premises to which water and/or
sewer services have been furnished
and the water service shall remain cut off until all charges, plus any penalties and/or interest, together with additional sums is established and amended
from time to time by resolution of
the Town Council for turning on water are paid.
Section 11: If any provision of this ordinance is
determined to be invalid or
unenforceable for any reason, the remaining
Ordinance
No.: 331
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No.: 2
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provisions
of this ordinance shall remain in force and affect. Section 12: This ordinance shall
take affect and be in force January 1, 1997.
__________________________ Mayor Dale P. Stubbs INTRODUCED: 12/17/96 PASSED: 12/17/96 APPROVED: 12/31/96 PUBLISHED: 12/26/96
Attested:
Mara Nevill
Acting Town Clerk/Treasurer
Approved as to Form:
Michael J. Reynolds City Attorney
Ordinance No.: 331
Draft No.: 2
Draft Date:
December 9, 1996 Ordinance Requested by:
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