In accordance with the city's objective of providing the best possible service at the lowest possible cost consistent with sound business principles, it is the intent and purpose of this chapter to ensure that the water system operates in a safe and efficient manner, that the total revenue of the water utility will ensure that it is self-supporting, and that all water customers receive uniform and equitable consideration.
(Ord. 860 § 1, 1990; Ord. 1648 § 1 (Att. A), 2022)
These service regulations are a part of all oral or written contracts for furnishing and receiving water service. Copies shall be available upon request at the clerk-treasurer's office located in the Leavenworth City Hall, during regular business hours of 9:00 a.m. to 4:00 p.m. on normal workdays (Monday through Friday, except holidays).
(Ord. 860 § 3, 1990; Ord. 1648 § 1 (Att. A), 2022)
For the purpose of this chapter, the words set out in this section shall have the following meanings:
"City"
means the city of Leavenworth.
"Community water line"
means a privately owned and maintained water distribution line network, connected to a city water main with the approval of the city.
"Customer"
means any individual, firm or organization who receives water service and is responsible for paying the bill under one or more rate classifications, contracts or schedules.
"Department"
means the city public works department.
"Domestic service"
means an approved connection to a city water main, consisting of a single water service tap and a single service lateral, intended for the full range of uses, including both inside plumbed uses and outside watering use.
"Fire service"
means an approved connection to a city water main, consisting of a water service tap and a service lateral, intended exclusively for use by an emergency fire suppression system, such as sprinklers, or fire hose lines.
"Irrigation service"
means an approved connection to a city water main, consisting of a water meter, water service tap and a service lateral, intended exclusively for outside watering use of landscaped or planted areas.
"Point of delivery"
means the point at which water service is delivered to the customer's owned service line. Point of delivery is generally established as the meter location for residential customers, and the meter location or shutoff valve, whichever is closer to the main, in the case of commercial customers.
"Point of use"
means the point at which water is used by the customer, normally a building, structure or irrigation distribution system.
"Service lateral"
means a water pipe beginning at the city's water main and extending to the customer's point of use.
"Water distribution main"
means a city-owned water pipe to which one or more water services may be connected.
"Water service area"
means that area identified in the Leavenworth comprehensive water plan, including all revisions and addendums thereto, as amended from time to time, as being able to receive water service at appropriate standards of pressure and flow, given the current status of system improvements.
Water Service, Commercial.
"Commercial water service" means a water service to all classes of customers except single-family or multifamily water service customers.
Water Service, Multifamily.
"Multifamily water service" means a water service to a multifamily dwelling, which includes three or more dwelling units, served by a single water service tap.
Water Service, Single-Family.
"Single-family water service" means a water service to a single-family dwelling, or to individual units in a single-family dwelling, or to individual units in a duplex, only when each unit is served by a separate water service tap.
"Water service tap"
means an approved and authorized connection to the city's water distribution system, denoted and identified by a water tap number, assigned by the city.
"Water transmission main"
means a large-diameter pipe (normally 10-inch or larger) connecting the city's distribution main network.
(Ord. 860 § 2, 1990; Ord. 1648 § 1 (Att. A), 2022; Ord. 1713 § 1 (Att. A), 2025)
All individuals, firms or organizations located within city limits requiring domestic water service shall be required to be connected to the city's water system. Private domestic wells are not permitted. Private irrigation wells will be permitted within the city limit on parcels two acres or larger; provided, that the city reserves the right to deny approval of wells which may threaten the city's present or future domestic supplies. A permit signed by the city administrator must be obtained for such systems. Appropriate backflow prevention devices are required and inspection of the installation by the city is required for such systems.
(Ord. 860 § 4, 1990; Ord. 1648 § 1 (Att. A), 2022)
A. 
Any individual, firm, or organization desiring water service from the city shall make application therefor upon an application form provided by the city, signed by the applicant and filed at the Leavenworth City Hall.
B. 
The application for a new service shall contain a location of the premises where such water services are desired, and all pertinent information covering type and characteristics of customer's water consumption use.
C. 
The application shall constitute a contract on the part of the customer making the same, to pay for the water services applied for at the rate, in the manner, and for the time specified in such contract.
D. 
The customer may terminate this contract in accordance with the provisions of LMC § 13.04.070(D).
E. 
No person or agency other than city personnel will be allowed to tap or connect a new service to city water mains. All materials and methods used to install a new service from the water main to the point of use shall conform with standard specifications and requirements.
F. 
New service taps shall be made on city water mains only, and the property to be served must front on, or be contiguous with, a city water main that extends the full frontage of the property. The only exception to this provision shall be for persons contiguous to a community water line existing prior to the effective date of the ordinance codified in this chapter, where the city may permit additional hookups; provided, that sufficient capacity exists on the community line. Customers not fronting on a city water main or acceptable community line will be required to pay for the installation of a new water main that extends the full frontage of the property, including valves and hydrants as needed, to city standards and specifications, prior to being hooked up.
G. 
The city shall install all piping and related materials from the water main to the point of delivery, unless special arrangements are made for such situations as new plats and large diameter commercial services. In such cases, the city may permit contractor installation, subject to city inspection, with the customer paying for the cost of inspection. The customer shall be responsible for all such installation costs, including street excavation and restoration. These costs will normally be included in the water service tap fees. The water meter box will be installed at or near the property line adjacent to the street or alley whenever possible.
H. 
It shall be illegal for anyone to connect to the city water system without making application and receiving approval by the city, in accordance with the provisions of this chapter. It shall also be illegal to connect to a private service or service lateral. Illegal hookups within the city limits shall be charged a hookup fee and up to three years back water charges, at the current water rate. Illegal hookups outside city limits shall be given a 30-day notice that the service will be disconnected, and be billed up to three years back water use. Provided that no hookup moratorium is in effect at that time, reconnection may be authorized, upon payment of the reconnection fee. In determining excess water charges for illegal water hookups, the city is authorized to estimate such charges based on use by similar customers.
(Ord. 860 § 5, 1990; Ord. 1648 § 1 (Att. A), 2022; Ord. 1673 § 1 (Att. A), 2023)
A. 
Meters shall be read as near to the same time each month as possible and bills rendered on the first day of the following month. The reading and billing dates may vary from a standard month by as much as five days because of holidays, Saturdays, and Sundays. The city may estimate meter readings for billing purposes when the meter is not able to be read.
1. 
When a correction to the billing is necessary to reflect either more accurate meter readings or corrections in billing errors, benefiting either the city or the customer, such corrections shall only be made for the prior three-year (36-month) billing cycles.
B. 
Base rate charged shall be billed in advance for service for the month that the bill becomes due. Consumption charges shall be for previous consumption subject to billing.
C. 
When it has been determined that a customer has received unmetered service or when the customer has caused the service furnished to be improperly or inaccurately metered, the city may render bills for such service based upon its reasonable estimate of the service actually furnished for the full period during which the service was unmetered or improperly metered.
D. 
Should a customer have service disconnected within five working days after the end of a month, that customer will not be required to pay minimum charges for the month that service was discontinued, but will be required to pay for water used during those days after the preceding billing period.
E. 
The city may alter or reroute its meter reading and billing cycle dates when such alteration or rerouting is in the best interest of the city.
F. 
Bills will be mailed by the city to the billing address furnished by the customer, and failure to receive a bill will not release the customer from obligation of payment when due.
G. 
Charges Constitute a Lien. All charges for the use of water shall be the legal obligation of the owner of, and are a lien against, the premises to which water has been furnished.
(Ord. 860 § 7, 1990; Ord. 1602 § 1 (Att. A), 2019; Ord. 1648 § 1 (Att. A), 2022)
Bills are due and payable on the tenth day of each month. Accounts which are unpaid after the twentieth of the month are deemed past due, and subject to an additional late fee charge that shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer. The city may, at its sole discretion, forgive one late fee per account per calendar year. Water service will be subject to shutoff for all accounts which are still unpaid on the twentieth day of the month following the original billing date, in accordance with the procedure outlined in LMC § 13.04.090(C).
(Ord. 860 § 8, 1990; Ord. 1602 § 1 (Att. A), 2019; Ord. 1648 § 1 (Att. A), 2022)
A. 
The city administrator or his or her designee may at any time order or cause water service to be cut off from any premises connected to the city water system without notice where an emergency exists or for the purpose of making inspection, extensions, or repairs, or to prevent damage to property.
B. 
When water service will be cut off for purposes of inspection, extension, or repair, or to prevent damages to property, and the period of cutoff of service is estimated by the public works department to exceed four consecutive hours, then, before such cutoff, the city shall give reasonable notice to the individuals to be affected by the cutoff as far in advance of the actual cutoff as is feasible. The following methods will be considered reasonable: use of telephone, television, radio, newspaper, mail, personal contact, or notification left at the premises.
C. 
Water service may also be cut off where a water connection charge has not been paid or where a bill for water service has not been paid. Procedure for notification, with opportunity for appeal, shall be as follows:
1. 
A notice that the account is past due, with late charges as prescribed above, and subject to water shutoff if not promptly paid, shall be mailed to the customer as soon as the account becomes past due.
2. 
If the bill is not paid as required in the notice, written notice by mail will be sent on the eleventh day of the month following the date when the account became past due, stating that the customer is delinquent in payments and the customer has the right to protest the bill and appeal to the clerk-treasurer concerning the amount due. If the bill has not been paid, or if no hearing is requested by the twentieth of the month following the date when the account became past due, the water will be immediately shut off by the city without further notice.
3. 
In cases where receipt of mailed notice is not returned to the city, a public works department employee may deliver the notice in person. If no one can be found at home, the notice will be attached to the doorknob of the residence or otherwise conspicuously posted.
4. 
If the customer requests a hearing on the amount due, a hearing must be held with the clerk-treasurer, and the customer must be given an opportunity to be heard. The clerk-treasurer must determine what amount is due and owing and inform the customer.
5. 
The customer shall be given 10 days to pay the amount determined by the clerk-treasurer to be owing. If the customer has not paid said amount within 10 days, water service shall be shut off.
6. 
If, after service has been terminated, full payment of all amounts owing, plus a turn-on charge, is made, then water service shall be restored to customer, property, premises, or building.
7. 
In the event that water service is to be cut off from a known rental unit where a tenant is not the customer as previously defined, then, prior to the termination of service for nonpayment and after the city has satisfied the procedures in this section, the city shall place upon the premises at least two working days prior to cutoff of service such notice as is reasonably calculated to inform the tenant or tenants of the proposed cutoff of service.
8. 
When abnormally high usage is determined to be due to a verified leak, a significantly high billing may be appealed to the city administrator or his or her designee provided the leak was not caused by the intentional or reckless act of the utility customer or his or her agents or employees. Upon receipt of proof of a leak being fixed, where the leak was not caused by the customer's intentional or reckless act, a customer may request a 90 percent credit of water use caused by the leak and/or above the normal average for that time of year so long as it is requested within three months following the identified leak. A leak credit may only be requested for up to two monthly utility bills and will be applied to the month(s) with the highest water consumption. If billing relief is granted, the customer shall be responsible for presenting documentation to the city that the leak has been repaired within three months of the first significantly high billing resulting from the leak. Failure to repair the leak and provide the city with documentation that the repair has been made, within said three-month period, will result in the entire bill plus all applicable penalties becoming due and payable to the city.
9. 
The turn-on charge shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer. Payment must be made at City Hall. The turn-on charge is payable when a work order for disconnection has been written, even if actual disconnection has not been made.
10. 
Per RCW 54.16.285, notwithstanding any other provision of this section, the city shall not disconnect water service to any residential user, including tenants of metered apartment buildings or residents of mobile homes, due to nonpayment on any day for which the National Weather Service has issued, or announced that it intends to issue, a heat-related alert for the area in which the customer resides. Heat-related alerts include, but are not limited to: excessive heat warnings, heat advisories, excessive heat watches, or similar alerts.
11. 
A residential user whose water service has been disconnected for nonpayment may request reconnection on any day for which a heat-related alert has been or is expected to be issued by the National Weather Service. The city shall make a reasonable effort to promptly restore service upon such request. The city shall inform customers in disconnection notices of the ability to request reconnection and how to do so.
12. 
The city may require the customer to enter into a repayment plan prior to reconnection. Such plan shall be designed to pay the past due balance by the following May 15th, or as soon thereafter as necessary to keep payments affordable. Monthly payments shall not exceed six percent of the customer's monthly income unless voluntarily agreed to by the customer. If assistance payments are received by the customer after the plan is implemented, the customer shall notify the city to adjust the repayment plan accordingly.
D. 
Connection and Disconnection of Service. The city will refuse to connect or will disconnect service for good cause, including violation of any of its service regulations, violation of rate schedule or contract provisions, theft or illegal diversion of water or upon the receipt of written instructions from proper authorities for violation of state or national sanitary codes, or city municipal codes. Except where otherwise provided in these regulations, the city shall, before disconnection, attempt to give the customer reasonable advance notice as to such disconnection, including reasons for the disconnection and the time of the disconnection; the nature of the notice required and the period of time before disconnection shall be reasonable under the particular circumstances, with special consideration for the potential danger to life and property.
The disconnection of service for any cause shall not release the customer from his or her obligation to pay for services received or amounts specified in the city's service regulations or any written contract with the customer.
(Ord. 860 § 9, 1990; Ord. 1180 § 1, 2003; Ord. 1239 § 1, 2004; Ord. 1602 § 1 (Att. A), 2019; Ord. 1648 § 1 (Att. A), 2022; Ord. 1713 § 1 (Att. A), 2025)
A. 
An account service charge is to be collected when processing new service applications. Service charge fees shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer.
B. 
The customer is to be advised of the account service charge at the time the application is taken.
C. 
The account service charge is to be collected in cash or check when application is taken or, at the discretion of the city, other arrangements may be made with the clerk-treasurer.
D. 
Individual service applications shall be required for each meter and service tap.
(Ord. 860 § 10, 1990; Ord. 1180 § 2, 2003; Ord. 1602 § 1 (Att. A), 2019; Ord. 1648 § 1 (Att. A), 2022)
Water rates and water system connection charges shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer. Water system development charge may be waived for affordable or workforce housing projects, as defined in LMC § 21.90.030, when approved by the Leavenworth city council.
(Ord. 860 § 11, 1990; Ord. 914 § 1, 1992; Ord. 933 § 1, 1993; Ord. 940 § 1, 1993; Ord. 1020 § 1, 1996; Ord. 1046 § 1, 1997; Ord. 1068 § 1, 1997; Ord. 1075 § 1, 1998; Ord. 1104 § 1, 1998; Ord. 1558 § 1, 2017; Ord. 1648 § 1 (Att. A), 2022; Ord. 1713 § 1 (Att. A), 2025)
All correspondence, bills and notices relating to items covered by these regulations shall be sent by mail except where specifically provided otherwise. Also, such communications may be delivered personally. Customers shall provide proper mailing addresses and means of receiving mail. Failure to do so shall render the service subject to disconnection under the same notice.
(Ord. 860 § 12, 1990; Ord. 1648 § 1 (Att. A), 2022)
When a change of occupancy or legal responsibility takes place on any premises being served by the city, notice of such change shall be given at the City Hall within a reasonable time prior to such change. The outgoing customer may be held responsible for all service supplied until such notice has been received by the city.
(Ord. 860 § 13, 1990; Ord. 1648 § 1 (Att. A), 2022)
The city may transfer to an existing or new service account any unpaid charges for water service previously rendered to the same customer at any location in the city's service area. Such transferred balances shall be considered part of the customer's current obligation to the city as though the previous unpaid balance had been incurred at the present service address. The city may apply any payment received from the customer toward the customer's transferred balance if the customer has not paid the transferred balance. The city, upon detection of an unpaid balance, shall notify the customer in writing of said unpaid balance, including the dates and location of the service, the city's regulations concerning transferred balances, and the possibility of disconnection of service.
(Ord. 860 § 14, 1990; Ord. 1648 § 1 (Att. A), 2022)
Water service is not to be resold by the customer, except by special contract with the city.
(Ord. 860 § 15, 1990; Ord. 1648 § 1 (Att. A), 2022)
A. 
The point of water delivery for residential customers shall be at the water meter which, together with the shutoff valve, will normally be located at or near the property line.
B. 
The point of water delivery for commercial customers shall be the curb stop shutoff valve, which will normally be located at or near the property line.
C. 
The water meter for commercial customers will be located at the curb stop shutoff valve when exterior meter installation is deemed appropriate by the city, but may be located inside the building or at a location beyond the curb stop shutoff, when installation circumstances warrant.
D. 
All water meters, meter boxes, shutoff valves, and service lines and fittings between the water service tap and the point of delivery shall be the property of the city. The customer shall be responsible for damage which is due to carelessness, negligence, or intentional acts by the customer.
E. 
Water service customers shall take every reasonable action necessary to protect the water meter from damage by frost or other cause. The city shall not be liable for damages caused by frozen pipes. When necessary, frozen, damaged or destroyed water meters shall be repaired or replaced by the city and the cost thereof shall be paid by the customer. In the event of nonpayment by the customer, the water service shall be shut off by the city until the costs have been paid in full.
F. 
In the event of a frozen service lateral, it shall be the customer's responsibility to use a qualified and insured party to thaw the line between the service tap and the actual point of use. City personnel will not attempt to thaw such frozen line(s). Prior notification to the Chelan County public utility district and the city is required.
(Ord. 860 § 16, 1990; Ord. 1648 § 1 (Att. A), 2022)
A. 
Repair or maintenance of the water service line between the service tap and the point of delivery shall be performed by the city at no cost to the customer, unless for reasons described in LMC § 13.04.160(D) through (F).
B. 
Repair or maintenance of the water service line between the point of delivery and the point of use shall be the responsibility of the customer, and the customer or his or her contractor must do the work.
C. 
In the event that the service line between the service tap and the point of delivery is deteriorated to the extent that replacement is required, the customer shall be responsible for the cost of such work. The work will be done either by the city or by a properly qualified contractor, subject to inspection by the city. The city reserves the right to determine when a service line has deteriorated to the extent that repair is no longer appropriate and replacement is required.
(Ord. 860 § 17, 1990; Ord. 1648 § 1 (Att. A), 2022)
Any customer or person damaging, removing, disconnecting or otherwise interfering with any meter, remote readout, remote wiring, or any apparatus belonging to the city will be subject to prosecution under the law.
The customer shall exercise proper care to protect the city's property on his or her premises. This shall include meters, meter boxes, remote meter vaults readouts, wires and other facilities. In the event of loss or damage to the city's property, the city may collect from the customer the cost of repairs or replacement. Where the situation warrants, the city will furnish a standby serviceman at no charge, during regular working hours and when given adequate notification for customers who may wish to do work or such other activities which might endanger property.
(Ord. 860 § 18, 1990; Ord. 1648 § 1 (Att. A), 2022)
The customer shall grant as a condition of service all necessary permission to enable the city to install and maintain its serving facilities on the premises of the customer and to carry out its contract. The city shall have the right through its employees, or other agents, to enter upon the premises of the customer at all reasonable times for the purpose of reading, connecting, disconnecting, inspecting, repairing or removing the metering devices, wiring, services, or other facilities of the city. The customer shall be responsible for restraining animals which pose a threat to meter readers and maintenance personnel. Meters which cannot be read because of animals or other obstructions will be estimated until they can be properly read.
(Ord. 860 § 19, 1990; Ord. 1648 § 1 (Att. A), 2022)
The city shall have the right, but shall not be obligated, to inspect the customer's water service facilities before or during the time service is supplied. However, such inspection, or lack of inspection, shall not be construed as placing upon the city any responsibility for the condition of maintenance of the customer's water service.
(Ord. 860 § 20, 1990; Ord. 1648 § 1 (Att. A), 2022)
The city will, at its own discretion and expense, inspect and test its meters as required to ensure a high standard of accuracy. Additional tests at the request of a customer will be made; and if the meter is found to register accurately within two percent, the city may charge a test fee that shall be set by resolution within the rate and fee schedule on file at the office of the city clerk-treasurer. If the meter is found to register in excess of two percent, fast or slow, the city will pay for the testing and will adjust the customer's billing for the known or assumed period of error, not to exceed the previous six months.
(Ord. 860 § 21, 1990; Ord. 1602 § 1 (Att. A), 2019; Ord. 1648 § 1 (Att. A), 2022)
If the customer desires to use water for purposes classified under different rates, separate meters must be installed to measure the water supplied to each rate. The city will designate the rate schedule applicable to each meter and bill each meter at the appropriate rate schedule. Unless otherwise specified in a special contract, the city will not totalize the metering of separate service or meters.
If the customer desires additional meters for his or her own use other than those required by the city, such additional meters shall be provided, installed and maintained by the customer on the customer's side of the city meter, at their own expense, and shall not be read by the city.
(Ord. 860 § 22, 1990; Ord. 1648 § 1 (Att. A), 2022)
Unless otherwise provided for under the conditions of the permit, home occupation permits shall be regarded as residential water uses only, and not subject to the provisions of LMC § 13.04.220.
(Ord. 860 § 23, 1990; Ord. 1467 § 1 (Att. A), 2014; Ord. 1648 § 1 (Att. A), 2022)
It is unlawful for any person to use water for irrigation or sprinkling purposes during the progress of any fire in the city. All irrigation and sprinkling shall be immediately stopped when the alarm of fire is sounded and shall not be resumed until the fire is extinguished.
(Ord. 860 § 24, 1990; Ord. 1648 § 1 (Att. A), 2022)
If a customer desires a fire system separate from his or her other water service, the rules under LMC § 13.04.050 shall apply. The city may or may not require metering or detection equipment for the fire system. No other use of the fire protection system will be permitted. No person shall extend or make changes of any kind before receiving written permission from the city administrator or his or her designee. If the fire system is to be tested, the customer shall first receive permission from the city administrator or his or her designee and city employees shall be present at such test.
(Ord. 860 § 25, 1990; Ord. 1648 § 1 (Att. A), 2022)
It is unlawful for any person to obstruct or hinder the access to any fire hydrant by placing around or upon the hydrant any brick, lumber, stone, dirt, vegetation, or any other material or thing, or to permit or cause to be permitted any such material to be placed around or thereon by those in his or her employ, or in any other manner not mentioned herein obstruct the free access to any such fire hydrant in the city.
(Ord. 860 § 26, 1990; Ord. 1648 § 1 (Att. A), 2022)
All fire hydrants shall be under the control and shall be kept in repair by the public works department and by the fire department, and such other persons as the city administrator or his or her designee may authorize to have free access to the hydrants. It is unlawful for all other persons to open any fire hydrant or attempt to draw water therefrom or willfully or carelessly injure the same.
(Ord. 860 § 27, 1990; Ord. 1648 § 1 (Att. A), 2022)
The city reserves the right, in case of shortage or potential shortage of water, to make orders through the city administrator or his or her designee forbidding the use of water for irrigation, sprinkling, or other nonessential purposes. Such order may be made at any time and, when printed in the official paper or served in writing upon the customer, shall be deemed as sufficient notice thereof. The city may adopt, by resolution, policies and procedures designed to encourage or mandate water conservation or curtailment measures when conditions require.
(Ord. 860 § 29, 1990; Ord. 1648 § 1 (Att. A), 2022)
The city has the right to require the installation of a cross connection control device or devices on any service connection it deems necessary in order to prevent the possibility of contamination of the public water system in accordance with state and local health requirements, and the city's adopted cross connection control regulation. The city shall also have the right to review the plumbing arrangement of proposed or existing buildings or improvements, and to require certain changes to protect the public water system. No provision of this chapter shall relieve the property owner or customer of the responsibility to design and construct all private water facilities and plumbing arrangements in full conformance with applicable health and plumbing codes.
(Formerly 13.04.310; Ord. 860 § 31, 1990; Ord. 1648 § 1 (Att. A), 2022)
All water customers served by the city shall utilize the water served through their connections in a responsible and nonwasteful manner. If the city deems that a customer is utilizing the water in an irresponsible or wasteful manner, the city shall have the right to discontinue service at its discretion. Similarly, if the city, through its inspections, tests or records, discovers that a customer's water service pipelines, facilities or plumbing are in a deteriorated condition or are being managed or controlled improperly, and such condition or management is resulting in a demonstrable waste of water, the city shall have the right to require the remedy of such conditions, and to discontinue service until such remedies are made by the customer.
(Formerly 13.04.320; Ord. 860 § 32, 1990; Ord. 1648 § 1 (Att. A), 2022)
No inspector, agent, or employee of the city may ask, demand, receive or accept any personal compensation for any service rendered to consumers of water service or other persons, in connection with supplying or furnishing services by the city. No promise, agreement or representation of any employee or agent of the city with reference to the furnishing of water service shall be binding on the city unless the same shall be in writing signed by the mayor or his or her authorized agent.
(Formerly 13.04.330; Ord. 860 § 33, 1990; Ord. 1648 § 1 (Att. A), 2022)
A. 
The remedies provided in this section for violations or failure to comply with provisions of this chapter shall be cumulative and shall be in addition to any other remedy to which the city is entitled by law.
B. 
Civil Remedies. The violation of or failure to comply with any of the provisions of this chapter is unlawful.
1. 
Injunction and Abatement. The city, through its authorized agents, may initiate injunction or abatement proceedings or other appropriate action in the municipal court or the courts of this state, against any person who violates or fails to comply with any provision of this chapter, or against the owner of the property on which a violation is occurring, to prevent, enjoin, abate or terminate violation of this chapter.
2. 
Civil Penalty. Any person who violates or fails to comply with any of the provisions of this chapter shall be subject to a maximum civil penalty of $450.00 for each day or portion thereof that the violation has continued; provided, however, that the owner of the property on which the violation has occurred, who is not also the user of the water on said premises, shall be subject to the penalty only if demand for remedy of the violation has been mailed to the owner at his or her last known address by registered mail, return receipt requested, and the demand has remained uncomplied with for more than 30 days. The civil penalty provided for in this section may be imposed by the municipal court if within its jurisdiction or by the courts of this state and may be enforced in a civil action in superior court or in any other manner provided by Washington law.
3. 
Attorney Fees. In any action brought by the city to enforce this chapter or in any action brought by any other person in which the city is joined as a party challenging this chapter, in the event the city is a prevailing party, then the nonprevailing party challenging the provisions of this chapter or the party against whom this chapter is enforced in such action shall pay, in addition to the city's costs, a reasonable attorney fee at trial and in any appeal incurred by the city.
(Formerly 13.04.340; Ord. 860 § 34, 1990; Ord. 1648 § 1 (Att. A), 2022)
The purpose of this chapter is to protect the public water system from contamination or pollution due to any existing or potential cross connections as defined in WAC 246-290-010, as amended by this chapter. The purveyor shall ensure that cross connections between the distribution system and a customer's premises are eliminated or protected against by the installation of an approved air gap or approved backflow prevention assembly.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Except where specifically designated herein, all words used in this document shall carry their customary meanings. Words used in the present tense include the future and plural words include the singular. The word "shall" is always mandatory, and the word "may" denotes a use of discretion in making a decision. Any definition not found in this section will take its meaning from the WAC (Chapter 246-290 WAC), or as amended.
"Air gap"
means a physical separation between the free-flowing end of a potable water supply pipeline and the overflow rim of an open or nonpressure-receiving vessel. To be an "approved air gap," the separation must be at least twice the diameter of the inlet piping (supply pipe) measured vertically, and never be less than one inch.
"Approved backflow prevention assembly" or "backflow assembly" or "assembly"
means an assembly to counteract back pressures or prevent back siphonage. This assembly must appear on the list of approved assemblies issued by the Washington State Department of Health.
"Auxiliary supply"
means any water source or system other than the city of Leavenworth's water. This includes, but is not limited to, irrigation systems, ponds, streams, rivers or wells.
"Backflow"
means the flow of water or other liquids, gases or solids from any source back into the distribution system. The flow of water in the opposite direction of its intended flow.
"Backflow prevention assembly tester"
means a person holding a valid BAT certificate issued in accordance with WAC 246-290-490 and Chapters 18.27, 18.106 and 70.119 RCW.
"Back pressure"
means water pressure which exceeds the operating pressure of the public potable water supply.
"Back siphonage"
shall mean backflow due to a negative or reduced pressure within the public potable water supply.
"Building inspector"
shall mean the building inspector for the city of Leavenworth.
"City"
shall mean the city of Leavenworth.
"City administrator"
means the person responsible for the enforcement of this chapter, or their designee.
"Closed system"
means any water system or portion of a water system in which water is transferred to a higher pressure zone closed to atmosphere.
"Contamination"
means the entry into or presence in a public water supply system of any substance which may be deleterious to health and/or quality of the water.
"Cross connection"
means any physical arrangement where a public water system is connected, directly or indirectly (actual or potential), with any other nondrinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers, or any other device which contains, or may contain, contaminated water, sewage, or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices, or other temporary or permanent devices through which, or because of which, backflow may occur are considered to be cross connections.
"Cross connection specialist" or "CCS"
shall mean a person who has successfully completed and maintains all requirements as established by the Washington State Department of Health to be a specialist in the state of Washington.
"Degree of hazard"
means the low or high hazard classification that shall be attached to all actual or potential cross connections.
"DOH"
means Washington State Department of Health.
"Double check valve backflow prevention assembly" or "double check assembly" or "double check" or "DCVA" or "DC"
means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a shutoff valve on each side of the checks, as well as test cocks to test the checks for tightness.
"Health hazard"
means an actual or potential threat of contamination of a physical, toxic or biological nature that would be a danger to health.
"High hazard"
means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may cause illness or death to backflow into the potable water supply.
"In-premises protection"
means a method of protecting the health of consumers served by the customer's plumbing system (i.e., located within the property lines of the customer's premises) by the installation of an approved air gap or backflow prevention assembly at the point of hazard.
"Inspector" or "surveyor"
shall mean a person holding a valid CCS certificate issued in accordance with the Washington Administrative Code, who meets the stipulations in this chapter, and the most recent edition of the city's standard operating procedures manual.
"Local administrative authority"
means the local official, board, department or agency authorized to administer and enforce the provisions of the Uniform Plumbing Code and all other plumbing codes recognized by the state of Washington.
"Low hazard"
means the classification assigned to an actual or potential cross connection that potentially could allow a substance that may be objectionable, but not hazardous to one's health, to backflow into the potable water supply.
"Mobile unit"
shall mean units connecting to the water system through a hydrant, hosebib, or other appurtenance of a permanent nature that is part of the city water system or a permanent water service to a premises. Uses that are prohibited include recreational vehicles, commercial operators, or other nonemergency services vehicles, apparatus or equipment.
"Person"
means a natural person (individual), corporation, company, association, partnership, firm, limited liability company, joint venture company or association, and other such entity.
"Plumbing hazard"
means an internal or plumbing-type cross connection in a consumer's potable water system that may be either a pollutional or a contamination-type hazard. This includes, but is not limited to, cross connections to toilets, sinks, lavatories, wash trays, domestic washing machines and lawn sprinkling systems. Plumbing-type cross connections can be located in all types of structures including, but not limited to, homes, apartment houses, hotels and commercial or industrial establishments.
"Point-of-use isolation"
shall mean the same as "in-premises protection."
"Pollution"
means an impairment of the quality of the public potable water supply which adversely affects the aesthetic qualities of such potable water for domestic use but does not create a hazard to the public health. Also referred to as "low hazard" or "nonhealth hazard." See also "Contamination."
"Potable water supply"
means any system of water supply intended or used for human consumption or other domestic use.
"Premises"
means any piece of property to which water is provided including, but not limited to, all improvements, mobile structures and structures located on it.
"Premises isolation"
means a method of protecting a public water system by installation of an approved air gap or approved backflow prevention assembly at the point of service (end of purveyor's service pipe) to separate the customer's plumbing system from the purveyor's distribution system.
"Reduced pressure principle backflow prevention assembly" or "reduced pressure principle assembly" or "RP assembly"
shall mean an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves and at the same time below the first check valve. The assembly shall include properly located test cocks and tightly closing shutoff valves at each end of the assembly.
"SOP"
means the most recent edition of the city of Leavenworth's standard operating procedure manual.
"System hazard"
means an actual or potential threat of severe danger to the physical properties of the public or consumer's potable water system or of a pollution or contamination which would have a detrimental effect on the quality of the potable water in the system.
"Thermal expansion"
means the pressure created in piping when water is heated.
"Used water"
means any water supplied by the city to a customer's property after it has passed through the service connection and is no longer under the control of the city water system.
"WAC"
means the most recent edition of the Washington Administrative Code.
"Water system"
shall mean the city of Leavenworth's public water system.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
A. 
No cross connections shall be created, installed, used or maintained within the territory served by the city, except in accordance with this chapter.
B. 
The CCS for the city shall determine if any actual or potential cross connection exists. If found necessary, an assembly commensurate with the degree of hazard will be required to be installed at the service connection.
C. 
The owner, occupant or person in control of the property is responsible for all cross connection control within the premises.
D. 
The use of any type of attachment connected to the plumbing including but not limited to the garden hose is prohibited except in accordance with this document.
E. 
Any service connection within the city which receives water from any other service including, but not limited to, other water systems or auxiliary supplies must abide by the contents of this chapter.
F. 
All premises found on Table 9 of WAC 246-290-490(4)(b) shall have installed a reduced pressure backflow assembly at the service connection in accordance with this chapter.
G. 
It is the responsibility of the property owner/occupant to pay for the purchase, installation, test, repair and maintenance of all backflow assemblies.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
This chapter applies throughout the city of Leavenworth and to every premises and property served by the city. It applies to any premises, public or private, regardless of date of connection to the water. Every owner, occupant and/or person in control of any concerned premises is responsible for compliance with the terms and provisions contained herein.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
A CCS employed by or under contract with the city shall determine the type of backflow prevention assembly to be installed within the area served by the city. All assemblies shall be installed at the service connection unless it is determined by the CCS that the assembly can be installed at some other point. An assembly will be required in each of the following circumstances, but the CCS is in no way limited to the following circumstances:
A. 
In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to permit entry into the potable water system, the potable water system shall be protected by an approved air gap separation or an approved reduced pressure backflow assembly.
B. 
When the nature and extent of any activity on the premises, or the materials used in connection with any activity on the premises, or materials stored on the premises, could contaminate or pollute the potable water supply.
C. 
Premises having any one or more "cross connections" or potential "cross connections" as that term is defined by this chapter and the WAC.
D. 
When an appropriate cross connection survey report form has not been filed with the city.
E. 
Internal cross connections are present that cannot be eliminated or corrected.
F. 
When intricate plumbing arrangements are present making it impractical to ascertain whether cross connections exist.
G. 
There is a repeated history of cross connections being established or re-established.
H. 
Materials are being used such that, if backflow should occur, a health hazard could result.
I. 
Installation of an approved backflow prevention assembly is deemed to be necessary to accomplish the purpose of these regulations in the judgment of the CCS.
J. 
Any premises where an auxiliary water supply is connected to the potable water supply.
K. 
All new construction.
L. 
Any commercial property under any of the following circumstances:
1. 
A new business license is applied for;
2. 
There is a change in occupancy or tenant use; or
3. 
A building or plumbing permit is submitted for work on the commercial property.
M. 
In the event a point-of-use assembly which is protecting the city's distribution system has not been tested or repaired as required by WAC 246-290-490, or as amended, and this chapter, a premises isolation assembly will be required.
N. 
It is determined that additions or rearrangements have been made to the plumbing system without obtaining proper permits as required by the city's community development department, premises isolation will be required.
O. 
All high health hazard premises which are defined in Table 9 of WAC 246-290-490, or as amended, are required to have premises isolation by installing an approved air gap or reduced pressure principle assembly in accordance with this chapter.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1564 § 1, 2018; Ord. 1656 § 1 (Att. A), 2022; Ord. 1713 § 1 (Att. A), 2025)
All irrigation systems shall be protected according to plumbing code regulations. In the event any system is equipped with an injector system, a reduced pressure backflow assembly will be required.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
An approved double check backflow prevention assembly shall be the minimum protection on all new fire sprinkler systems using piping material that is not approved for potable water use, and/or does not provide for periodic flow-through during each 24-hour period. A reduced pressure principle backflow prevention assembly must be installed, if any solution other than the potable water can be introduced into the sprinkler system. Retrofitting on fire sprinkler systems will be required in each of the following circumstances:
A. 
Where improper maintenance has occurred;
B. 
On all high hazard systems;
C. 
Wherever inspector deems necessary; and
D. 
Wherever required by the WAC.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Backflow protection will be required on all temporary meters and hydrant valves before any use. The type of assembly to be used will be commensurate with the degree of hazard and will be determined on a case-by-case basis by a city of Leavenworth CCS.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Any mobile unit or apparatus, as defined in LMC § 13.06.020, which uses the water from any premises within the city's water system, shall first obtain approval from the city administrator and/or designee and be inspected to assure appropriate backflow prevention is installed in accordance with the city's SOP manual.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
A. 
No person shall install or maintain a backflow prevention assembly upon or within any city right-of-way except as provided in this section.
B. 
The city reserves the right to have an assembly installed in the right-of-way.
C. 
A backflow prevention assembly required by the city may be installed upon or within any city right-of-way only if the owner proves to the city that there is no other feasible location for installing the assembly, and installing it in the right-of-way will not interfere with traffic or utilities. The city retains the right to approve the location, height, depth, enclosure, and other requisites of the assembly prior to its installation.
D. 
All permits required by the city to perform work in the right-of-way shall be obtained.
E. 
Residential assembly box shall be installed flush with the surrounding grade, and shall be at a distance no greater than 36 inches from right-of-way. Commercial assembly box shall be installed as determined by the city administrator and/or designee. Any assembly or portion of an assembly which extends aboveground shall be located no closer than 18 inches to the face of the curb, shall be protected from freezing damage, and shall comply with the city's utility/engineering standards and specifications.
F. 
A property owner shall, at the request of the city and at the owner's expense, relocate a backflow prevention assembly which encroaches upon any city right-of-way, when such relocation is necessary for street or utility construction or repairs.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with all Washington State plumbing laws.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Authorized personnel of the city of Leavenworth, with proper identification, sufficient notice, and justification, shall have access during reasonable hours to the backflow prevention assembly of a premises and within the building to which water is supplied. However, if any owner, occupant or person in control refuses authorized personnel access to the backflow prevention assembly during those hours for inspection, a reduced pressure backflow assembly must be installed at the service connection to that premises as stipulated in WAC 246-290-490(4)(b).
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022; Ord. 1713 § 1 (Att. A), 2025)
Backflow prevention assemblies shall be tested in accordance with the requirements set out in the most recent edition of WAC 246-290-490, or as amended, in this chapter and the most recent edition of the city's SOP manual.
A. 
Annual testing of all backflow devices by a private state certified CCS shall be required and it is the responsibility of the owner for the scheduling of a tester of their choice as well as all costs associated with the testing and any or all repairs that may be required.
B. 
The city shall notify the owner annually by mail when testing is required to be completed.
C. 
Any existing residential backflow assemblies, upon owner's request for a hazard assessment by the city CCS, and upon inspection found that the device is determined not necessary or redundant by the CCS and the Uniform Plumbing Code, the owner, upon approval by the city public works director in coordination with the community development director, can elect to be removed from the annual testing requirement by the city and the device may remain.
D. 
The city shall supply the testers all forms and documents deemed necessary by the city for submitting test results and repair records.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1564 § 2, 2018; Ord. 1656 § 1 (Att. A), 2022; Ord. 1713 § 1 (Att. A), 2025)
A. 
All backflow prevention assembly testers operating within the city of Leavenworth water system service area shall be certified in accordance with all applicable regulations of the Washington DOH and shall comply with all stipulations in this chapter and the city's SOP manual.
B. 
Persons certified as backflow prevention assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration (OSHA) and Washington Department of Labor and Industries Division of Occupational Safety and Health.
C. 
It is the responsibility of backflow prevention assembly testers to submit records of all backflow prevention assembly test repairs to the city of Leavenworth within 10 days of completing the test.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Backflow prevention assemblies shall be maintained in accordance with the requirements set out in the WAC and plumbing code, or as amended, and the city's SOP manual and adopted utility and engineering standards and specifications.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Backflow assemblies shall be installed in accordance with the requirements set out in the WAC, plumbing code, the city's SOP manual, and city adopted utility and/or engineering standards. At any service connection where a premises isolation assembly is allowed to be installed at some other point than at the service connection, the following stipulations apply:
A. 
It is illegal to intertie any piping between the service connection and the assembly.
B. 
The CCS must have access during business hours to inspect the assembly.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
If a closed system has been created by the installation of a backflow prevention assembly, it is the responsibility of the property owner to eliminate the possibility of thermal expansion.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Any reduction in water pressure caused by the installation of a backflow prevention assembly is not the responsibility of the city. The city will give reasonable assistance to the owner regarding information on adequate sizing of assemblies and proper plumbing practices to provide for required pressure and flows for fire protection.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Premises where noninterruption of water supply is critical shall have installed two assemblies of the same type in parallel. They shall be sized in such a manner that either assembly will provide the minimum water requirements while the two together will provide the maximum water requirements.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
A. 
In all new residential construction, a backflow prevention assembly shall be installed at the service connection directly after the meter and prior to any other connection. The type of the assembly will be commensurate with the degree of hazard as determined by the city CCS.
B. 
When a building is constructed and the end use of the building is not determined or could change, a reduced pressure principle backflow prevention assembly shall be installed at the service connection to provide protection of the public water supply in the event of the most hazardous use of the building.
C. 
The minimum protection on all new residential construction will be a double check valve assembly. The type of assembly will be determined by the city's CCS.
D. 
In all new commercial construction, a reduced pressure principle backflow device shall be installed at the service connection or a location agreed to by the city CCS prior to any other outside connection as required and reviewed by the city CCS.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1564 § 3, 2018; Ord. 1656 § 1 (Att. A), 2022; Ord. 1713 § 1 (Att. A), 2025)
The property owner is responsible for the installation, testing and repair of all backflow assemblies on their property. If the plumbing is altered in any way, it is the responsibility of the owner to notify the city.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Retrofitting shall be required on all service connections where an actual or potential cross connection exists as determined by the city of Leavenworth cross connection specialist.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
All costs associated with compliance of this chapter are the financial responsibility of the owner. This includes, but is not limited to:
A. 
The purchase, installation, inspections, surveys, testing, replacement, maintenance, parts, and repairs of the backflow prevention assembly.
B. 
All shutoff, reconnect and legal fees.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Failure on the part of any owner, occupant or person in control of the premises to install a required assembly, have it tested annually and/or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this chapter and to abide by the contents of this chapter is sufficient cause to deny or discontinue public water service to the premises pursuant to WAC 246-290-490(2)(i)(i), (ii), and (iii) or as amended. In the case of an extreme emergency or where an immediate threat to life or public health is found to exist, discontinuance or termination of public water service to the premises shall be immediate. Where there is not an extreme emergency or an immediate threat to life or public health, the city may impose an alternative penalty in lieu of termination as provided in LMC § 13.06.255. Nonpayment of the alternative payment in lieu of termination shall be grounds for termination or discontinuance of public water service to the premises. The city of Leavenworth may, at the property owner's expense, install a reduced pressure backflow assembly at the meter. Testing, maintenance and repair of the assembly will be the responsibility of the property owner.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
Failure on the part of any owner, occupant or person in control of the premises to install a required assembly, have it tested annually and/or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this chapter and to abide by the contents of this chapter is sufficient cause, at the discretion of the public works director, to impose a monetary penalty in lieu of termination in the amount of $500.00 per month for the duration of the noncompliance. The $500.00 penalty will be assessed to the property owner, may be billed monthly, and shall be due on billing.
(Ord. 1656 § 1 (Att. A), 2022)
The city administrator and/or their designee may, without prior notice, suspend water service to any premises when such suspension is necessary to stop the imminent threat of any actual or potential cross connection as defined in this chapter and the city's SOP manual.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
The city administrator and/or their designee may suspend the water supply to any premises where the conditions of this chapter or the city's SOP manual have been violated.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
A. 
The city administrator and/or their designee may at any time order or cause water service to be shut off from any premises connected to the city water system, where the conditions of this chapter or the city's SOP manual have been violated. Procedure for notification, with opportunity for appeal, shall be as follows:
1. 
A first notice of noncompliance shall be transmitted to the property owner and/or listed customer (as listed in the city's water service billing system). This notice shall state:
a. 
That the backflow prevention assembly is now overdue for testing and/or correction necessary;
b. 
Such testing/correction is required;
c. 
The citation of noncompliance;
d. 
A statement that "failure to transmit the report to the city within the allocated time will constitute a violation, and a compliance order issued which may result in nonemergency suspension of service (shut off water service) per LMC § 13.06.270"; and
e. 
The testing results must be sent to the city within 30 days of this notice.
2. 
Upon nonresponse, a second notice of noncompliance shall be transmitted to the property owner and/or listed customer stating that:
a. 
The backflow prevention assembly is now overdue for testing and/or correction necessary;
b. 
Such testing is required;
c. 
A first notice of noncompliance has been transmitted without response;
d. 
The citation of noncompliance;
e. 
A statement that "failure to transmit the report to the city within the allocated time will constitute a violation and a compliance order issued which may result in nonemergency suspension of service (shut off water service) per LMC § 13.06.270"; and
f. 
The testing results must be sent to the city within 15 days of this notice.
3. 
If the backflow prevention assembly testing and/or correction, as required in the notice, is not completed within the total of 45 days from the first notice of noncompliance, a compliance order will be issued as a written notice by certified mail with return receipt to the property owner and/or listed customer stating:
a. 
The citation of noncompliance;
b. 
A first and second notice of noncompliance has been transmitted without response;
c. 
The right to appeal to the city council public works committee; and
d. 
The water will be immediately shut off by the city without further notice.
4. 
If the testing has not been completed and transmitted to the city, or if no hearing has been requested within 45 days from the first notice of noncompliance, the water will be immediately shut off by the city without further notice.
5. 
If, after service has been terminated, testing is completed, testing results are transmitted to the city, and a turn-on charge is made, then water service shall be restored to customer, property, premises, or building.
6. 
Compliance may include relocation, construction and/or installation of backflow prevention assembly which require the issuance of a building permit.
7. 
In the event that water service is to be shut off from a known rental unit, where a tenant is not the customer as previously defined, then, prior to the termination of service for noncompliance, and after the city has satisfied the procedures in this section, the city shall place notice upon the premises at least two working days prior to shutoff of service. Such notice shall be reasonably provided to inform the tenant or tenants of the proposed shutoff of service.
8. 
The turn-on charge shall be set by resolution of the Leavenworth city council from time to time and said rates shall be on file at the office of the city clerk-treasurer. Payment must be made at City Hall. The turn-on charge is payable when a work order for disconnection has been written, even if actual disconnection has not been made.
B. 
The city will refuse to connect or will disconnect service for noncompliance with this chapter, except where entering into a voluntary correction agreement.
1. 
Prior to filing any compliance order notice, the CCS may enter, by annotation into the file of record, into a voluntary correction agreement with a person responsible for correcting the violation(s), which may be the owner, agent or occupant. The CCS may agree to extend the time limit for correction or may agree to modify the required corrective action.
C. 
The disconnection of service for any cause shall not release the property owner and/or customer from their obligation to pay for services received or amounts specified in the city's service regulations or any written contract with the property owner and/or customer.
D. 
The city of Leavenworth retains all legal rights and remedies available to it pursuant to local, state and federal law.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
The clerk-treasurer is hereby directed to maintain at all times one copy of Chapter 246-290 WAC, and one copy of the most recent edition of the Pacific Northwest Section American Water Works Association Cross Connection Control Manual, Accepted Procedure and Practice, for public use and inspection during regular city business hours.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)
If any section, subsection, sentence, clause, or phrase of this chapter is, for any reason, held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter.
(Ord. 1178 § 1, 2001; Ord. 1440 § 1 (Att. A), 2013; Ord. 1656 § 1 (Att. A), 2022)