There is established in the city of Sultan a utility department the function of which said department shall be to operate, maintain, control and extend the city water system; to operate, maintain and control and expand the existing sewer system and to provide for the disposal of all sewage and waste. The city garbage system is created under Chapter 13.16 SMC and the stormwater utility is created under Chapter 14.04 SMC.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
It shall be the duty of said public works director to supervise all operations of the utility department and to perform such specific duties as set forth in this chapter and to perform such additional duties within this department as the city council may from time to time set by resolution.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
By resolution the city council may adopt a specification manual establishing rules, regulations and technical specifications relating to the construction of utility lines and the installation and connection of utility services. Copies of the specification manual shall be available for inspection during open business hours of the city at the office of the city clerk. Copies may be purchased in accordance with the fee schedule adopted by the city council. The specification manual may be amended by resolution of the city council. In any instance where the specification manual conflicts with the provisions of this chapter, the provisions of this chapter shall govern.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
All materials and construction methods used for extensions and additions to the city utility system shall conform to the most current edition of the standard specifications for road, bridge, and municipal construction as prepared by the Washington State Department of Transportation and the American Public Works Association, Washington State Chapter. In cases where these conflict with the city specification manual, whichever is more stringent shall apply.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
A. 
All public utility lines shall be installed in public streets or alleys or in easements which have been granted to and accepted by the city for such purposes.
B. 
Utility easements granted to the city shall be not less than 10 feet in width; provided, that when such easements extend from the end of an existing public road, or extend along the alignment of any anticipated future public road, such easement shall be not less than 20 feet in width.
C. 
No open cut crossing of city roads or streets shall be made without the approval of the public works department. A newly constructed or resurfaced street shall not be cut for a minimum of five years.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
A. 
The city shall not sell utility connections, accept payment for capital improvement fees or allow the installation of water meters for any unoccupied property or any property which is the subject of a pending development application until such time as all water and sewer utility infrastructure has been constructed and approved and either final plat approval, final binding site plan approval, final commercial/multifamily site plan approval, conditional use permit approval, or a building permit for previously platted individual lots is or has been issued.
B. 
Any property connected to city utilities with a two-inch water meter, or larger, which remains unoccupied for 12 consecutive months, or uses no utility services for 12 consecutive months, shall forfeit its vested right to a utility connection, and at such time as it seeks to reactivate its connection it shall be subject to then-prevailing rules and regulations regarding utility availability for new customers.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
All lots connecting to city water shall have frontage on a distribution main; all lots connecting to city sewer shall have frontage on a collection main. At the time of connection, the property owner shall be required to extend the main(s) for the full public or private road frontage of the lot on which the structure to be connected is located, including both frontages of a corner lot. If the lot does not front on a public or private road for its full width, the main(s) shall be extended to the boundary line on the nearest adjoining lot which may be anticipated to require connection to the main(s) in the future. If it can be shown that no future expansions beyond the applicant's lot will occur, a deviation may be applied for.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
The design and construction of water and sewer mains which are to be connected to the city utility system shall be supervised by a registered professional engineer of the state of Washington. Details and methods of construction shall conform to the city specifications manual. All construction shall be subject to inspection and approval by the city. Responsibility for providing line and grade and taking measures for as-built drawings shall rest upon the owner's engineer.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
As-built drawings of the completed installation of the utilities shall be submitted to the city utility department for approval by the city. As-built drawings shall be submitted prior to final plat, final binding site plan, and prior to issuance of certificate of occupancy for all buildings and land use decisions.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
All extensions to the public utility system shall, at the city's sole discretion, be subject to conveyance to the city by bill of sale, and such conveyances shall be accomplished by a warranty of the grantor that the utility lines, facilities and appurtenances are free of debt and were constructed in accordance with city standards and specifications. The grantor shall further warrant the labor and materials used in the construction for a period of two years from the date of the conveyance to the city and shall indemnify and hold harmless from any damages arising from defective materials or workmanship. If the lines or facilities are on or cross private property, the grantor shall convey to the city the required easements for constructing, repairing, maintaining, altering, changing, controlling and operating the lines or facilities in perpetuity.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
Any party installing, repairing, extending or modifying utility lines in public right-of-way/easement, which lines are connected, or to be connected, to the city's utility system, shall comply with the following:
A. 
Prior to commencing work, a restoration bond shall be posted in such amount as is required by the governing agency having jurisdiction over the public right-of-way.
B. 
Prior to commencing work, a performance bond shall be posted in such amount as is required by the city engineer. The bond shall guaranty expeditious completion of the project in compliance with the approved plans and specifications, and shall warranty the materials and workmanship for a period of two years after acceptance by the city.
C. 
Prior to commencing work, proof of insurance shall be submitted for commercial general liability insurance with limits not less than $1,000,000 per occurrence, $2,000,000 general aggregate, $2,000,000 products-completed operations aggregate limit; and also auto liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. The city of Sultan shall be named as an additional insured party under the commercial general liability insurance policy.
D. 
The party performing the work, its heirs, successors and assigns shall indemnify the city of Sultan, and hold it harmless, from all claims, actions or damages of every kind and description which may accrue to or be suffered by any person or persons or property by reason of the performance of such work, the character of materials used, the manner of installation, or by improper occupancy of rights-of-way. In case any suit or action is brought against the city for damages arising out of or by reason of any of the above causes, the party, its heirs, successors and assigns shall defend the same at its own cost and expense and shall satisfy any judgment after the suit or action shall have been determined, if adverse to the city, and further shall reimburse the city for reasonable attorney's fees expended by the city in connection with the same.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
City officials, employees and agents shall have the right to enter upon private property at all reasonable times to inspect and test appliances, utility lines and appurtenances which are connected to the city utility system.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
It shall constitute a misdemeanor for any person or party to commit, authorize, solicit, aid, abet or attempt the following unlawful acts:
A. 
Divert or cause to be diverting utility services by any means whatsoever;
B. 
Make or cause to be made any connection or reconnection with the city utilities without the authorization or consent of the city;
C. 
Discharge any substance prohibited by SMC § 13.08.050, including effluent from private water facilities, into the city's sewer system without authorization or consent of the city;
D. 
Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
E. 
Tamper with any property owned or used by the city to provide utility services;
F. 
Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the city.
Said criminal acts shall be punishable by a fine as set by ordinance. Each day that a violation continues shall constitute a separate offense. The criminal penalties provided in this section shall be construed as being cumulative with civil damages provided in SMC § 13.02.150.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
The city may bring civil action for damages against any person or party who commits, authorizes, solicits, aids, abets or attempts any of the following:
A. 
Divert or cause to be diverted utility services by any means whatsoever;
B. 
Make or cause to be made any connection or reconnection with the city utilities without the authorization or consent of the city;
C. 
Discharge any substance prohibited by SMC § 13.08.050, including effluent from private waste facilities, into the city's sewer system without the authorization or consent of the city;
D. 
Prevent any utility meter or other device used in determining the charge for utility services from accurately performing its measuring function by tampering or by any other means;
E. 
Tamper with any property owned or used by the city to provide utility services;
F. 
Use or receive the direct benefit of all or a portion of the utility service with knowledge of, or reason to believe that, the diversion, tampering or unauthorized connection existed at the time of the use or that the use or receipt was without the authorization or consent of the city.
In any civil action brought under this section, the city may recover from the defendant as damages three times the amount of actual damages, if any, plus the costs of the suit and reasonable attorney's fees, plus the costs incurred on account of the bypassing, tampering or unauthorized reconnection, including but not limited to costs and expenses for investigation, disconnection, reconnection, service calls and expert witnesses. If the damage is done to utility property which is located on premises which are served by city utility service and which are owned or occupied by the party or parties responsible for the damage, the judgment may be added to the utility bill for the premises and may be collected pursuant to Chapter 13.04 SMC.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)
The city public works director shall have the authority to administratively grant a deviation from any rule, regulation or requirement of this chapter or the specifications manuals incorporated in the chapter by reference. Application for such a deviation shall be filed, in writing, with the city clerk together with a filing fee outlined in the adopted fee schedule. The public works director is authorized to issue deviations in cases of special hardships, unique circumstances and practical difficulties. No deviation shall be granted which would be determined to be detrimental to the public health, welfare or environment, or which would be inconsistent with the long-range plans of the Sultan utility system. Conditions may be imposed upon the granting of a deviation to ensure the protection of the public health, welfare and environment. Each deviation shall be considered on a case-by-case basis, and shall not be construed as setting precedent for any subsequent application. The decision by the public works director on a deviation application shall be final, subject to appeal to the city board of adjustment within 14 days.
(Ord. 1243-16 § 1; Ord. 1259-17 § 1)