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HomeMy WebLinkAbout2568 Customer Water Leak Repair and Bill AdjustmentOrdinance No. ~ 5~ ~ AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADDING A NEW SECTION 13.12.320, CUSTOMER LEAK REPAIR AND BILL ADJUSTMENT, TO CHAPTER 13.12, WATER SYSTEM AND REGULATION, OF THE PORT TOWNSEND MUNICIPAL CODE, TO ALLOW ADJUSTMENT OF WATER AND WASTEWATER BILLS FOR CUSTOMERS EXPERIENCING WATER PIPE BREAKS THROUGH NO FAULT OR KNOWLEDGE OF THE CUSTOMER WHEREAS, the City is aware that at certain times, such as during freezing weather or due to aging pipes, a City customer's private water pipes may leak or break -- through no fault or knowledge of the customer -- resulting in excessive water and wastewater charges; and WHEREAS, current City policy is to defray the costs somewhat by altering its charges for Average Winter Water Use (AWWU); but to fully charge for the use of such water; WHEREAS, after reviewing other cities practices and considering the policy implications, the City desires to refrain from charging for such water use in limited circumstances; and WHEREAS, in balancing the cost and potential unfairness to the customer against the finances of the City utility and the rate-paying public, the City Council finds that the bill adjustment should be limited to those customers who did not know about the problem and who promptly repair the broken or lealdng private water service pipes or water pipes, should be limited to two billing cycles~ and should apply to pipes from the water meter to the structure and pipes under the structure; and WHEREAS, the Utilities Committee has reviewed this ordinance and recommended adoption to the full Council; and WHEREAS, the CitY council is adopting this ordinance as an interim measure, to be again reviewed and readopted with the new water code (Title 13, Water, SeWers and Stormwater), .currently scheduled for adoption in April 1997. NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: ~. A new Section 13.12.320, Customer leak repair and bill adjustment, is added to Chapter 13.12, Water System and Regulations, of the Port Townsend Municipal Code to read as follOws: Customer leak repair and bill adjustment. When excessive meter registration is caused by broken or leaking water service pipes from the water meter into the structure or water pipes under the structure, including any crawl space or other structural components of the structure, without the knowledge of the customer, an adjustment to the water and wastewater bills may be made upon written application and .qatisfactory proof showing where the leak or break occurred and that a repair has been made. The adjustment would be for up to two months billing cycles in any one calendar year. The basis for adjustment shall be the normal consumption under similar operating conditions. The billing adjustment shall not exceed $500.00. The Average Winter Water lJse (AWWU) calculation for sewer rates shall be established in accordance with PTMC 13.04.030(.2). (Ord. § 1, 1997.) ~. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall take effect and be in force five days after the date of its publication in the manner provided by law. Read for the first, second, and third times and passed by the.City Council of the City of Port Toyvnsend, Washington, at a regular meeting thereof, held this ~7~ day of .f:~/O , 1997. Julie ayor Attest: Pam Kolacy, City Cler 01/17/97 [PTMC 13.12] Ord\{1312300.doc} Approved as to Form: 3.(~cMahan, City Attorney