HomeMy WebLinkAbout5103 ORDINANCE NO. ( �3 .
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending provisions of the Bremerton
Municipal Code relating to utilities by amending Section 15.01.020
entitled "Definitions" and Section 15.06.060 and Appendix A
relating to fees and charges regarding residential grinder pumps;
and further, amending Chapters 15.08 and 2.62 of the Bremerton
Municipal Code relating to the appeals process for departmental
decisions relating to utilities.
WHEREAS, the City Council desires to amend and update Bremerton Municipal
Code provisions regarding residential grinder pumps and appeals of departmental decisions
relating to utilities; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Subsection 15.01.020(m) of Section 15.01.020 of the Bremerton
Municipal Code entitled "Definitions" is hereby amended to read as follows:
(m) (1) "Mainline sewer." (See trunk sewer).
(2) "Manual." See Stormwa�er Management Manual.
(3) "Misuse of individual '�nnder pumps" activitv by the occupant of a
residence that causes damage to the 'gr�nder pump or appurtenances. Such activities include, but
are not limited to dischar�g harmful substances into the �gnnder pump such as to�iapers or
construction materials; attemptin� to make unauthorized repairs; or driving over the 'g,nnder
pump tank or appurtances causing dama� The Director has the discretion to determine whether
or not an occupants activities caused such dama�e.
{�-}� "Mitigation" means, in�the following order of preference:
i. Avoiding the impact altogether by not taking a certain action or
part of an action;
ii. Minimizing impacts by limiting the degree or magnitude of the
action and its implementation by using appropriate technology or by taking affirmative steps to
avoid or reduce impacts;
iii. Rectifying the impact by repairing, rehabilitating or restoring the
affected environment;
iv. Reducing or eliminating the impact over time by preservation and
maintenance operations during the life of the action; and
v. Compensation for the impact by replacing, enhancing, or providing
substitute resources or environments.
f 4}� "Multi-family units" shall mean a parcel of property which has been
legally developed with more than two (2) residential living units.
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SECTION 2. Section 15.06.060 of the Bremerton Municipal Code entitled
"Miscellaneous Fees and Charges" is hereby amended to read as follows:
15.06.060 MISCELLANEOUS FEES AND CHARGES.
The Department shall set fees and charges to recover its administrative and operations
expenses related to the services set forth herein.
(a) Automatic Clearing House (ACH). All customers who utilize the ACH system for
payment of their utility bill will be allowed a credit on each bill. Such credit will commence with
the billing following application and approval for ACH.
(b) Low-Income Senior Citizens and Low-Income Disabled Citizens.
Only single family residential accounts are eligible for the rates described in this section.
To qualify for the low-income senior citizen rate, the individual shall meet the criteria
established by RCW 74.38.070(2)(a). To qualify for the low-income disabled citizen rate, the
individual shall meet the criteria established by RCW 46.16.381(1) or 74.18.020(4) and RCW
70.164.020(4). In order to remain eligible for these rates, the applicant shall be required to
reapply each year with the Department.
(c) Service Fee - Field. A service fee shall be charged for all service calls to the
owner's premises. Service calls shall include, but not be limited to, turn-on/turn-off of water
services as a result of delinquent payment of accounts, after hours utility location requests, and
repeat service calls during normal work hours.
After hours, weekend, and holiday service requests shall require acknowledgment by
signature of the requesting party on the form which identifies the additional service and fee
provided by the service specialist. The service fee shall be added to the regular utility bill.
A fee shall be levied in the event it is necessary to remove and restore surface
improvement, including but not limited to asphalt concrete and concrete streets and sidewalks, in
order to install a service connection or other utility improvements.
(d) Service Fee - Office. A service fee shall be charged for all account maintenance,
including, but not limited to, activation and discontinuation of the utility account, changes in
address, designated agents, duplicate billing, and property liens. The service fee shall be added to
the regular utility bill.
(e) Delinquency Charge. A delinquency charge of one percent (1%) per month shall
be added to the unpaid balance of each and every utility bill which is not paid on or before such
bill becomes delinquent.
( fl Cross-Connection Control Inspections. The Department shall charge a fee for the
required annual inspection of backflow prevention devices if the customer requests the Utility to
perform such service.
(g) Fire Hydrant Services. The Department may enter into agreements with owners of
private fire systems for hydrant repairs and maintenance.
(h) Grinder Pump Surcharge. The Deparhnent may enter to agreements to service
customers with individual 'nder pumps. An individual service charge shall be assessed to the
customer for the cit,Y's operation and maintenance of these pumps as set forth in Appendix A of
this chapter.
SECTION 3. Appendix A of Chapter 15.06 of the Bremerton Municipal Code
entitled "Assessments, Rates, Fees and Charges" is hereby amended to read as follows:
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Appendix A
ASSESSMENTS, RATES, FEES, AND CHARGES
EFFECTIVE JANUARY 1, 2009
Within Outside
City Limits City Limits
GENERAL FACILITY CHARGES
Water (per meter size)
5/8" x 3/4" $2,511.00 $2,511.00
1" $6,276.00 $6,276.00
1-1/2" $12,554.00 $12,554.00
2" $20,084.00 $20,084.00
Greater than 2" Calculated Calculated Based
Based on Usage
on Usage
Wastewater (per ERU) $3,801.00 $3,801.00
Stormwater (per ISU) , $1,019.00 N/A
CONNECTION/INSPECTION FEES
Water Connection Fees
5/8" x 3/4" � $1,957.00 $2,935.50
1 " $2,109.00 $3,163.50
1-1 /2" $3, 308.00 $4, 962.00
2" $4,201.00 $6,301.50
Greater than 2" Actual Time 150% of Actual
& Materials Time & Materials
Field Inspection Fees
Water Main Extensions (per foot) $1.26 $1.89
but not less than: $468.00 $702.00
Pump Station $617.00 $926.00
Miscellaneous (per hour) $52.00 $78.00
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Wastewater Connection Fees
Lateral Connection at P/L $52.00 $60.00
Lateral Connection at Main $308.00 $354.00
Conveyance Facility Extensions (per foot) $1.70 $1.96 �
but not less than: $371.00 $427.00
Pump Station $617.00 $710.00
Miscellaneous (per hour) $52.00 $60.00
RETAIL WATER SERVICE RATES
General Service - Monthly Service Charge
Meter Size
5/8 x 3/4 inch $10.53 $15.80
1-inch 512.03 $18.05
1-1/2-inch $17.10 $25.65
2-inch $22.97 $34.46
3-inch $43.58 $65.37
4-inch $81.00 $122.00
6-inch $288.00 $432.00
8-inch $1,052.00 $1,578.00
10-inch $3,752.00 $5,628.00
12-inch $14,105.00 $21,158.00
Residential Commodity Charge (per HCF)
0 - 10 HCF/Month $1.14 $1.71
Over 10 HCF/Month $1.28 $1.92
Nonresidential Commodity Charge (per HCF) $1.24 $1.86
Fire Protection - Monthly Service Charge
Service Size
1-inch $17.93 $26.90
1-1 /2-inch $26.99 $40.49
2-inch $35.09 $52.64
3-inch $38.67 $58.01
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. Wastewater Rates and Appeals
4-inch $42.15 $63.23
6-inch $52.60 $78.90
8-inch $70.02 $105.03
10-inch $98.00 $147.00
12-inch $140.00 $210.00
Commodity Charge (per HCF) $2.48 $3.72
- For Usage Other Than Firefighting
Low-Income Senior and Low-Income Disabled Citizen - Monthly Service
Charge
Base Charge (per account) $10.53 $15.80
Commodity Charge
0- 5 HCF/Month No Charge No Charge
5 - 10 HCF/Month $1.14 $1.71
Over 10 HCF/Month $1.28 $1.92
RETAIL WATER SERVICE RATES (Continued)
Temporary/Construction Meter
1" Meter
Deposit $150.00 $150.00
Base Fee (per month) $12.03 $18.05
Setup Fee $106.00 $106.00
Hydrant Meter (3" Meter)
Deposit $1,000.00 $1,000.00
Base Fee (per month) $43.58 $65.37
Setup Fee $106.00 $106.00
Equipment Loss/Damage Actual Time 150% of Actual
& Materials Time & Materials
Commodity Charge (per HCF) $1.24 $1.86
City Parks and Recreation Department - Irrigation
Commodity Charge (per HCF) $0.62
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RETAIL WASTEWATER SERVICE RATES
Monthly Service Charge
Single-Family
Base Charge (per account) $31.26 $35.95
Commodity Charge (per HCF) $4.19 $4.82
Duplex on 1 Meter or 2 Buildings on 1 Meter
Base Charge (per unit) $24.76 $28.47
Commodity Charge (per HCF) $4.19 $4.82
Multifamily
Base Charge (per unit) $24.76 $28.47
Commodity Charge (per HCF) $4.19 $4.82
Commercial I
Base Charge (per account) $46.21 $53.14
Commodity Charge (per HCF) $4.32 $4.97
Commercial I I
Base Charge (per account) $47.01 $54.06
Commodity Charge (per HCF) $6.76 $7.77
Commercial III
Base Charge (per account) $46.55 $53.53
Commodity Charge (per HCF) $5.53 $6.36
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $19.39 $22.30
Commodity Charge (per HCF)
0- 5 HCF/Month No Charge No Charge
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Over 5 HCF/Month $4.19 $4.82
Septage Disposal (per gallon of tank capacity) $0.23 $0.23
Leachate per Gallon of Tank Capacity $0.11 $0.11
Individual Residential Grinder Pumps
Grinder Pump Surcharc,�e 10.00 12.50
Low-income Senior and Low-Income Disabled Grinder
Pump Surcharqe 7.50 10.00
RETAIL STORMWATER RATES
Monthly Service Charge
Residential I (Single-Family/Duplex)
Base Charge (per account) $8.50 N/A
Exception: Duplex
With 2 Meters (per account) $4.28 N/A
Residential II
Base Charge (per ISU) + 50% of the Base Charge $12.75 N/A
Residential III
Base Charge (per ISU) + 100% of the Base Charge $17.00 N/A
Commercial I
Base Charge (per ISU) $8.50 N/A
Commercial II
Base Charge (per ISU) + 50% of the Base Charge $12.75 N/A
Commercial III
Base Charge (per ISU) + 100% of the Base Charge � $17.00 N/A
Public School Districts (per account) $8.50 N/A
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $5.19 N/A
Multifamily and Commercial Rate Adjustment
Water Quality (per ISU) . $0.94 N/A
Water Quantity (per ISU) $2.84 N/A
Stormwater Penalty
New Multifamily and Commercial Development without
On-Site Detention l
Charge (per ISU) $1.89 N/A
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MISCELLANEOUS FEES AND CHARGES
Park Reservation Fee $30.00 $30.00
(nonrefundable)
Office Services
New Account (includes water turn-on) $20.00 $20.00
Account Maintenance $5.00 $5.00
Past Due Notice $2.50 $2.50
Lien Recovery Charge $100.00 $100.00
Close Account/Meter Read/Water Service Turn-Off $20.00 $20.00
Field Services
Pavement"Restoration Charge
(refundable, if assessed and not required)
Asphalt Patch $694.00 $1,041.00
Concrete Patch $894.00 $1,341.00
Asphalt Trench $817.00 $1,225.50
Concrete Trench $2,348.00 $3,522.00
County Road Permit N/A Cost
Wet Tapping (Water Main Only)*
8" and smaller - excluding excavation and backfill $2,514.00 $3,771.00
8" and smaller - service to property line $5,349.00 $8,023.50
Greater than 8" x 8" Actual Time 150% of Actual
& Materials Time & Materials
Fire Hydrant Installation*
8" x 6" and smaller service to property line $6,505.00 $9,757.50
Greater than 8" x 6" Actual Time 150% of Actual
& Materials Time
& Materials
Water Meter Reinstallation
3/4" and 1" $83.00 $83.00
1-1/2" and 2" $132.00 $132.00
3" and greater Actual Time Actual Time
& Materials & Materials
Water Meter Reactivation $50.00 $50.00
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Water Meter Tampering �
Tampering Removal $200.00 $200.00
Tampering Reinstallation Actual Time Actual Time
& Materials & Materials
*Does not include pavement restoration charge
MISCELLANEOUS FEES AND CHARGES (Continued)
Cross-Connection Control
Inspection $50.00 $50.00
Fire Service - Detector, Meter and MXU $436.00 $436.00
Storz Adapter $247.00 $247.00
Water Service Turn-Off/Turn-On (customer request)
Regular Hours $20.00 $20.00
After Hours $175.00 $175.00
Delinquency Notice $10.00 $10.00
Water Service Turn-Off/Turn-On (delinquent accounts)
Regular Hours $50.00 $50.00
After Hours $175.00 $175.00
Flow and Pressure Test (uncertified)
3/4" and 1" meters only $50.00 $50.00
1-1/2" and 2" meters only $90.00 $90.00
Larger than 2" Actual Time Actual Time
& Materials & Materials
Utility Plant Locates
Regular Hours N/C N/C
After Hours $191.00 $191.00
Emergency N/C N/C
Meter Test Fee (based on meter size)
3/4" and 1" $132.00 $132.00
1-1/2" and 2" $182.00 $182.00
3" or greater Actual Time Actual Time
& Materials & Materials
Engineering Services"
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Wastewater Rates and Appeals
Plan Check Fees
Main Extensions (per foot) $0.29 $0.44
but not less than: $244.00 $366.00
(includes hydrants and appurtenances and connection to
water system)
Pump Stations $613.00 $920.00
Fireline Extension $98.00 $147.00
Irrigation Systems $98.00 $147.00
System Connections $98.00 $147.00
MISCELLANEOUS FEES AND CHARGES (Continued)
Miscellaneous (per hour) $52.00 $78.00
*Fees include original review and one resubmittal review
Additional reviews will be charged at miscellaneous
hourly rate (above)
Storm Drainage Plan Review Fees **
Preliminary Drainage Plans '
Residential Development $379.00 N/A
Nonresidential Development $262.00 N/A
Plus per ISU $11.41 N/A
Final Detailed Drainage Plans
Residential Development (per lot)
0 - 20 Lots $41.07 N/A
21 - 50 Lots $29.67 N/A
51 - 100 Lots $26.25 N/A
100+ Lots $22.82 N/A
Minimum Charge $291.00 N/A
Nonresidential Development
Per ISU $22.82 N/A
Minimum Charge $349.00 N/A
Resubmittal Fees
First Resubmittal No Charge N/A
Subsequent Resubmittal $291.00 N/A
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Wastewater Rates aHd Appeals
Storm Drainage Inspection Fees **
Residential Development (per lot) $17.12 N/A
Nonresidential Development (per ISU) $17.12 N/A �
Minimum Charge $175.00 N/A
Conveyance Facility Extensions (per foot) $0.91 N/A
Minimum Charge $349.00 N/A
Unscheduled Inspections* (per site visit) $52.00 N/A
*Unscheduled inspections shall be tracked through the course of a project and billed after the �
final site inspection. Fees for unscheduled inspections shall be paid prior to final occupancy
approval.
**Does not apply to single-family residence or duplex construction on an existing established
lot.
Utility/Lien Search Fee (Manual)*** $30.00 $30.00
***Search per parcel
SECTION 4. Chapter 15.08 of the Bremerton Municipal Code entitled
"Appeals" is hereby amended to read as follows:
Chapter 15.08
APPEALS
15.08.010 APPEALS — PUBLIC WORKS & UTILITY DEPARTMENT.
A property owner, tenant or developer �"Customer") shall have the right to appeal matters
dealing with utility accounting, billing and service termination.
���t�In the case of termination of service an ap�eal shall be filed in writing with
the Public Works & Utility Department ("Department"�within fourteen (14) days of the notice
of termination. All other complaints shall be filed within thirty (30) days of notice of the action
appealed.
The Department shall be required to respond in writing to the appellant within 30 days
affirming or reversing its decision or requesting additional information for adjudication of the
complaint.
15.08.020 APPELiL - ��7TN7!`iD A i rnirom�MINISTRATIVE HEARING
EXAMINER.
�
�
�
�tor;oa i... ��,o r�e�.,,.�,,,o„� ,,,,ao,. �o��;�„ i c n4 ni n
r�fmiir��n�v�n� n��n n��r�tcr'7 �i7.
Any Customer a��rieved bv the Department's decision after a written complaint has been
denied by the Department under section 15.08.010 above mav, within fourteen (14 calendar
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Wastewater Rates and Appeals
,
davs from the date that the Department's decision was mailed to the Customer, appeal such
denial or revocation b f�ling� written notice of appeal setting forth the grounds therefor with
the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in
Chapter 3 Ol BMC shall be submitted with the appeal which filingfee is required to process the
�peal The hearing shall be conducted in accordance with the procedures for hearing contested
cases se t out in Chapter 2.13 BMC. After the hearin� thereon, the Administrative Hearing
Examiner shall after appropriate finding,s of fact, and conclusions of law, affirm, modifv, or
overrule the Department's decision, and mav impose anv terms thereupon.
The decision of the Administrative Hearin� Examiner shall be final. The Customer and/or
the Citv may seek review of the decision b t�he Superior Court of Washington in and for Kitsap
Countv within twent -��21) calendar days from the date of the decision.
SECTION S. Section 2.26.045 of the Bremerton Municipal Code entitled
"Municipal Court Hearing Examiner" is hereby amended to read as follows:
2.62.045 MUNICIPAL COURT HEARING EXAMINER - PROCEDURE -
APPEAL.
The Municipal court hearing examiner shall have jurisdiction to receive and rule on
appeals by aggrieved appellants of administrative decisions after a written complaint has been
denied by the Department Director or designee. Appeals to the municipal court hearing examiner
from any final administrative decision covered by the provisions of this chapter shall be made
within seven (7) working days from the date of appellant's notification of the decision. Date of
mailing shall be considered date of notification. Appeals shall include the appellant's name,
address and telephone number, the written decision being appealed and the municipal code
section establishing the appeal. Appeals shall be accompanied by a filing fee, pursuant to
Chapter 3.01, which shall be refunded if the appellant substantially prevails. The Municipal
Court Judge shall adopt rules for scheduling and conduct of administrative hearings. -
Enforcement of the administrative decision being appealed to the municipal court hearing
examiner shall be stayed during the pendency of an appeal which has been properly and timely
filed provided there is not imminent threat to the public's safety and welfare. `�
The municipal court hearing examiner's decision shall be final and conclusive unless the
appellant or the City files for a Writ or Certiorari in Kitsap County Superior Court within thirty
(30) days. Procedures of this section including filing fee, and appeal of the municipal court
hearing examiner's decision shall apply unless different procedures are specified in the ordinance
establishing the administrative appeal.
The municipal court hearing examiner shall have jurisdiction to hear and rule on
complaints referred under the City's Code of Ethics, Chapter 2.96 BMC, and to receive and rule
on appeals of administrative decisions specified in the following Titles of the Bremerton
Municipal Code:
(1) Health and Sanitation, Title 6;
(2) Animals and Fowl, Title 7;
(3) Peace, Safety and Morals, Title 9;
(4) Traffic, Title 10;
!C\ Ad,,,,;�.;,.�1 T T�;1�4;0� T;�lo 1 C
C� �
All references to hearing examiner in Chapter 2.96 and these titles shall mean municipal
court hearing examiner.
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Wastewater Rates and Appeals
SECTION 6. Severabilitv. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect.
SECTION 7. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED b the Cit Council the � day of /' , 2010
Y Y
PASSED by the City Council the � day of , 2010
N WOFF , Coun ' resident
Approved this � day of , 2010
�
PATTY T, Ma or �
ATTEST: APPROVED AS TO FORM:
/
E ,
CAROL GEN, City erk ` R ER A. L , rty A orney
PUBLISHED the�_ day of , 2010
EFFECTIVE the_�����day of , 2010
ORDINANCE NO. ,�/�3
R:\Legal\Legal\Ordinances�Public Works & Utilities\Wastewater Rates and Appeals.doc
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Wastewater Rates and Appeals
AFFIDAVIT OF PUBLICATION
Account # 42742 AD# 258350
STATE OF WASHINGTON
COUNTY OF KITSAP
I, Laura Wessels, being first duly sworn on oath, deposes and says: That she is now, and at all times
embraced in the publication herein mentioned was the principal clerk of the printers and publishers of
KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court
of the County of Kitsap, in which County it is published and is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as
a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County,
Washington and is now and during all of said time, was printed in an office maintained in the aforesaid
place of publication of said newspaper; that the following is a true text of an advertisement as it was
published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: A
March 8, 2010 that such newspaper was regularly distributed to its subscribers during all of said period.
The full amount of the fee charged for the foregoing publication is the sum of $46.67. This amount has not
been paid in full. �x
(Signature of Principal Clerk)
,tt ttftl l // /1111 /f1
Subscribed and sworn to before me this day of March 30, 2010. �\ • N1Q� k%-,',
Notary Public in and for the State of Washington, Kitsap Cou ty. = ; Jul 8 2012 •
•Z=
'N• 'O`
%yam•. !'UBI
ORDINANCE NO. 5103 •¢,OF ••• 5 ``�
f f/h#11611 it►�
AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending provisions of the
Bremerton Municipal Code relating to utilities by amending Section 15.01.020 entitled "Definitions" and
Section 15.06.060 and Appendix A relating to fees and charges regarding residential grinder pumps; and
further, amending Chapters 15.08 and 2.62 of the Bremerton Municipal Code relating to the appeals
process for departmental decisions relating to utilities.
PASSED by the City Council the 3rd day of March, 2010
The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600,
Bremerton, WA 98337.
March 8, 2010 . .............................Ad #20097992