The word "superintendent," wherever used in this chapter, shall be held and construed to mean the water superintendent of the town of Twisp and any act in this chapter required or authorized to be done by the superintendent may be done on behalf of the superintendent by an authorized officer or employee of the water department. The word "person" wherever used in this chapter shall be held to mean and include natural persons of either sex, associations, co-partnerships and corporations whether acting by themselves or by a servant, agent or employee; the singular number shall be held and construed to include the plural and the masculine pronoun to include the female.
(Ord. 59 § 1, 1939)
All applications for the connection to the town of Twisp's water system and use of water must be made on printed forms at the office of the clerk/treasurer. An applicant must be the owner of the property or his/her authorized agent as determined by a notarized statement. An applicant must state fully and truly all the purposes for which the water may be required, and must agree to conform with the rules and regulations established from time to time, must give the location of the property where the water is to be used, all of which shall be embodied in writing in the application as a condition for the connection and use of water.
(Ord. 59 § 2, 1939; Ord. 628 § 1(A), 2011; Ord. 661 § 1(A), 2013)
The application provided for in TMC § 13.05.020 shall contain a contract on the part of the persons making the same to pay for the water applied for at the rate and in the manner specified in this chapter, and shall reserve to the town of Twisp the right to charge and collect the rates and enforce the penalties provided for in this chapter in the manner herein provided to change the rates at any time by resolution of the town council, to temporarily discontinue the service at any time without notice to the consumer, and shall specify that said contract is subject to all the provisions of this chapter and of any resolution of the town of Twisp relating to the subject, hereafter passed, and shall provide that the town of Twisp shall not be held responsible for any damage by water or other causes resulting from defective plumbing of appliances on the premises supplied with water, installed by the owner or occupant of said premises, and that the fact that the agents of the said town have inspected the plumbing and appliances shall not be pleaded as a basis of recovery in case of damage to premises from defective plumbing or appliances installed by the owner or occupant of such premises, and shall provide that in case the supply of water shall be interrupted or fail by reason of accident or any other cause whatsoever, the town shall not be liable for damages for such interruption or failure, nor shall such failures or interruptions for any reasonable period of time be held to constitute a breach of contract on the part of the town or in any way relieve the consumer from performing the obligations of his contract.
(Ord. 59 § 4, 1939; Ord. 628 § 1(B), 2011)
All contracts shall take effect from the day they are signed and rates shall be charged from the day the premises are connected with the town's water supply.
(Ord. 59 § 4, 1939)
Upon the presentation at the office of the superintendent of the treasurer's receipt for the installation fees and the execution of the contract hereinbefore provided for, the superintendent shall cause the premises described in the application, if same abut upon a street upon which there is a city water main to be connected with the city's water main by a service pipe extending at right angles from the main to the property line and including a stopcock placed within the lines of the street curb, which connection shall thereafter be maintained by and kept within the exclusive control of the city. In case of application for water service on premises not abutting upon a street upon which upon which there is a city water main, the city will lay its connection from the main toward the premises for a distance equal to the distance from the main to the curb line, said distance in no case to exceed 40 feet and permit connection therewith by means of a union and pipes laid at the expense and maintained by the owner of the service, or may in the discretion of the superintendent upon the payment of the actual cost thereof, extend the service to the premises of the applicant along and beneath any public street or avenue of the town of Twisp but not otherwise; provided further, where two or more commercial buildings are supplied by one metered service, not less than the minimum rate for premises supplied by meters, hereinafter provided for, shall be assessed for each separate building or premises so supplied.
(Ord. 59 § 5, 1939)
(1) 
All service shall be installed by the town of Twisp and the property owner shall pay to the town such service charge as set forth in subsection (2) of this section, and at such rates as established by the town.
(2) 
Said service charge shall include payment for the following service and materials if installed: corporation cock, lead pipe, pipe and fittings, curb cock, curb box meter, meter box, and all other fittings used in making connection between the town's water main and the property reserved; provided, however, that in any service more than 40 feet in length, the owner shall pay the cost of labor and material in excess of 40 feet in length in addition to the service charge.
(Ord. 59 § 6, 1939; Ord. 70 § 1, 1947; Ord. 628 § 1(C), 2011)
The service pipes must be so arranged that the supply shall be controlled by a stop and waste cock with extension handle properly protected from frost and so placed within the premises that the service pipes may be thoroughly drained during freezing weather. No remission of rentals will be allowed on account of frozen pipes within the private premises, and the city will not be responsible for any damages on account of such freezing.
(Ord. 59 § 7, 1939)
The service pipes, connections and other apparatus within the premises must be kept in good repair and protected from freezing at the expense of the owner or lessee, who will be responsible for all damages resulting from leaks or breaks; but no person except under the direction of the superintendent shall be allowed to dig into any street or sidewalk for the purposes of laying, moving or repairing any service.
(Ord. 59 § 8, 1939)
The superintendent shall specify how connections shall be made with the water system, but shall not allow any connections to be made until all rules herein contained for the same have been complied with. All pipes on premises must be connected to the town pipes within the curb line with a union. No hydrant shall be placed or maintained in any street, alley or public place so as to be used by the public.
(Ord. 59 § 9, 1939; Ord. 628 § 1(D), 2011)
When additional premises are connected without the application prescribed in TMC § 13.05.100, such premises may be charged at double the rate for the time they are in use, and the service may be shut off by the superintendent. In case water shall be turned off as provided in this section, the same shall not be turned on again until all rates and charges against said premises have been paid in full.
(Ord. 59 § 11, 1939; Ord. 628 § 1(F), 2011)
When it is desired to change the location of the old service connection or where a service connection to any premises is abandoned or no longer used, the superintendent may cut out or remove such service connection, after which, should a service connection be required to said premises, a new service shall be placed only upon the owner making an application and paying for a new tap in the regular manner. When service connection of any premises on an unpaved street does not exceed one inch in size and the same does not come from the main in front of said premises, the superintendent shall, when a main is laid in front of said premises, after notifying the owner or tenant thereof, transfer the service connection to the new main without charge, and at the same time cut out the old service connection. When a new main is laid in any street, owners of premises on said street, or within one-half block on side streets, who are being supplied with city water from a private main or a connection to a private service shall make application for a tap and shall connect up with a separate service connection to the main in front of the premises.
(Ord. 59 § 12, 1939)
Whenever the owner of any unoccupied premises connected with the town's water supply desires to discontinue use of water, such owner shall sign a written request notifying the town that such premises is unoccupied and that he/she desires to discontinue use of water.
(Ord. 59 § 13, 1939; Ord. 628 § 1(G), 2011; Ord. 661 § 1(B), 2013)
When service has been discontinued from any unoccupied premises upon the application of the owner thereof, or for nonpayment of water charges as provided in this chapter, or for any other cause, it shall be unlawful for any person to again connect said premises with water until all appropriate arrearages and fees have been paid, and application made for reinstallation of service, and other cause or causes corrected to the satisfaction of the superintendent.
(Ord. 59 § 14, 1939; Ord. 661 § 1(C), 2013)
If any person shall violate TMC § 13.05.140, the superintendent shall shut off the water furnished to the premises upon which such violation is made, and shall charge the current disconnection/reconnection fees for shutting off and again turning on such water. In any such case, the superintendent shall not again turn on such water until such applicable unpaid and delinquent charges and costs for water and other charges have been fully paid, and other cause or causes have been corrected to the satisfaction of the superintendent.
(Ord. 59 § 15, 1939; Ord. 628 § 1(H), 2011; Ord. 661 § 1(D), 2013)
It shall be unlawful for any person to use any water for irrigation or sprinkling during the progress of any fire in the city unless for the protection of property, and all irrigation and sprinkling shall be immediately stopped when an alarm of fire is sounded in any part of the city, and shall not be begun again until the fire is extinguished. In case of a shortage of water, the superintendent may shut off all water used for other than domestic purposes without notice.
(Ord. 59 § 16, 1939)
The town reserves the right to shut off water supply for repairs, extensions or nonpayment of rates as provided herein, or any other reason, and the town shall not be responsible for any damage, such as bursting of boilers supplied by direct pressure, the breaking of any pipes or fixtures, stoppages or interruption of water supply, or any other damage resulting from the shutting off of water.
(Ord. 59 § 17, 1939; Ord. 628 § 1(I), 2011; Ord. 661 § 1(E), 2013)
The service pipes, connections and other apparatus within any private premises must be kept in good repair and protected from freezing, at the expense of the owner or lessee who will be responsible for all damages resulting from leaks and breaks. In case of neglect to promptly repair any service or fixture, or make any changes or alterations required in this chapter, the superintendent shall have authority, when deemed necessary, to go on the premises and make or cause to be made such changes, alterations, or repairs, and charge the same against the premises and the owner thereof. The owner of any service connection shall be responsible for any damage to meters serving said premises caused by hot water, and shall be charged for repairs to meters caused by such damage.
(Ord. 59 § 18, 1939)
It shall be unlawful for any person to waste water or to allow it to be wasted by imperfect or leaking stops, valves, pipes, closets, faucets or other fixtures, or to use water closets without self-closing valves, or to use the water for other purposes than those named in the application upon which rates are based or for any other purpose than that for which his contract provides, or to use if in violation of any provision of this chapter.
(Ord. 59 § 19, 1939)
(1) 
Upon notification/acknowledgement of a broken pipe, by the water utility customer or the town of Twisp public works department, the water utility customer shall have 14 days from notification/acknowledgement and inspection by said department to complete all repairs to the broken pipe or fixture. Upon verification of complete repair, the town at the sole discretion of the public works director may provide a rate adjustment for the billing period in which the particular leak took place. The adjusted monthly rate shall be equal to the average monthly bill from the previous two months; provided, however, the maximum amount of the rate adjustment for the billing period during which the leak took place shall not exceed $250.00. In the event that the broken pipe has not been repaired within the 14-day grace period, the utility customer shall be responsible for payment of the entire water consumption charge.
For users that do not have a meter that can be remotely read, if in the spring when the meters are first read it is discovered that a plumbing fixture has malfunctioned and has caused an overage in water use, at the discretion of the public works director, the owner may receive up to $250.00 in credit to their utility bill if the repair is made in a timely manner and in accordance to the language in this section. The credit would only be allowable if the occurrence happened during a period when meters were not read.
At any time a leak is detected that is caused by a broken pipe, at the discretion of the public works director the owner may receive up to $250.00 in credit to their utility bill if the repair is made in a timely manner upon discovery of the leak, and in accordance to the language in this section.
Consideration may be given by the director related to the type of repair or restoration that must be done within the 14-day repair grace period based on inclement weather, when applicable.
(2) 
Excessive water use shall be determined to be due to a leak when a broken or leaking private water line is verified to be leaking as a result of accidental damage or natural deterioration, not as a result of abuse or willful neglect. A reduction in billing shall not be permitted if such excess consumption is due simply to leaky faucets or other plumbing fixtures.
(3) 
Notification by the water utility customer must be made in writing on forms provided by the town of Twisp utility department to the town of Twisp utility department.
(4) 
The water, utility and public works departments may discontinue service to any premises if the owner or occupant refuses to make repairs necessary to avoid waste of water. If it is determined that an emergency exists, or excessive water leakage is occurring, and the owner or occupant has refused to make the repairs necessary and the occupant is not at home, or the premises is unoccupied, the department may, at its discretion, temporarily terminate water service and shall leave written notice as to the reason for its action.
(Ord. 492 §§ 1 – 3, 5, 2000; Ord. 554 § 1, 2006; Ord. 661 § 1(F), (G), 2013; Ord. 692 § 1, 2015; Ord. 764 § 1(A), 2020)
It shall be unlawful for any person to fail, neglect or refuse to give the superintendent and his duly authorized representatives free access at all reasonable hours to all parts of buildings or premises supplied with water from the city's mains for the purpose of inspecting the condition of pipes and fixtures, noting the amount of water used and the manner in which it is used.
(Ord. 59 § 20, 1939)
If the owner or occupant of any premises supplied with town water shall violate any provision of TMC § 13.05.200, the superintendent may shut off such service, and such owner shall be required to pay all delinquent and unpaid charges against such premises together with the current disconnection/ reconnection fee for shutting off and turning on such water before the same shall be again turned on.
(Ord. 59 § 21, 1939; Ord. 628 § 1(J), 2011)
All utility bills, including water and sewer, as well as any charges incurred under this chapter, shall be the responsibility of the property owner for the purposes of liens which may be assessed by the town of Twisp as provided by law. However, duplicate utility billings may be sent to tenants or residents of commercial or residential property under the following conditions, but not to relieve the property owner for liability for charges incurred:
(1) 
Upon the request of the owner or tenant of the real property, billing may be sent to the tenant or to an agent of the owner; provided, that a current address of the owner of real property is maintained with the town of Twisp, which is the responsibility of the owner, and any changes in the residents or tenants of the property are made known to the town by the owner.
(2) 
Such billing, when sent to tenant or agent, will become the responsibility of the tenant or agent, as well as the property owner, and each can be held jointly and severally liable for such billing.
(3) 
The owner and tenant, or agent, shall sign an application form, giving their consents for the utility service to be billed as provided in this section, and giving the address of each. Copies of such forms shall be provided to both the owner of the real property and the tenant or the resident of the real property and such form shall also contain notification of the right of hearing on termination of utilities.
(Ord. 59 § 22, 1939; Ord. 628 § 1(K), 2011; Ord. 661 § 1(H), 2013)
It shall be the duty of the town treasurer or the superintendent as the council shall direct to keep accounts with all consumers of water to enter on such accounts all charges and penalties. In the event that any water and/or sewer utility account(s) shall remain unpaid for a period of 30 days following the due date thereof, a termination notice shall be given to all those affected by the shutoff and termination of service shall occur no sooner than 10 days from the date of mailing of the notice of termination of service. Water service may be terminated when any portion of the utility bill is unpaid and delinquent. A shutoff charge in the amount as established by resolution of the town council shall be added to any account shut off due to delinquency.
A notice of hearing shall be included on any termination notice as required by TMC § 13.05.245. In those cases where billing is sent to a tenant, not a property owner, the termination notice shall be sent to the property owner as well as the tenant. If a hearing is requested by the customer within five business days of mailing the notice, a hearing shall be arranged in accordance with TMC § 13.05.245. Service shall not be terminated until after the date of any hearing. If town personnel are required to go to the premises for the purpose of reconnecting a service for nonpayment after hours, a fee may be assessed in accordance with the fee schedule adopted by resolution of the town council.
(Ord. 59 § 24, 1939; Ord. 661 § 1(I), 2013)
(1) 
Termination of Water Service. As an additional and concurrent method of enforcing a lien of the town for utility charges, the town may terminate the water service from the premises to which said services were furnished, or remove the water meter thereon, and such water service shall remain terminated until all such charges plus penalties and fees thereon, together with the charges provided for in the water rate schedule for turning the water off and turning the water on or reinstalling such water meter, have been paid.
(2) 
Termination of Water Service to Rental Dwellings. Except in cases involving public health or safety, or as otherwise provided in this chapter, the town may terminate water service to a residential tenant occupying a rented dwelling pursuant to RCW 35.21.290 and 35.21.300 for a delinquent bill. When a rented dwelling is occupied by a tenant who has opened an account in their name, no termination or threat of termination will occur because of the tenant's landlord or the obligation of the prior occupant of the premises not currently residing therein; provided, however, the term "threat of termination" shall not include the notices authorized by this section.
(3) 
Termination and Reinstatement of Water Service During a Heat Related Event. In the event that the National Weather Service has announced a heat related alert, warning, watch or advisory for the town of Twisp area, or the National Weather Service has announced their intention of such an alert, warning, watch or advisory, the town shall not terminate water service to a premises. In the event of a heat related event occurring, water termination will be completed once the heat related alert, warning, watch or advisory has expired. If the National Weather Service has issued or intends to issue a heat related alert, warning, watch or advisory, any water user who has had water service terminated because of nonpayment requests reconnection of service, the town shall reconnect such water service. In that event, the user will be required to enter into a repayment agreement as allowed by state law, which will be designed both to pay the past due bill and pay for the continued utility service.
(4) 
Utilities Payment Plan Agreement. Termination of water service to a customer's property may be avoided by the customer and the town entering into a utilities payment plan agreement in the same manner as TMC § 13.25.030. If a default occurs in the terms of the utilities payment plan agreement, the town may terminate water service as provided in this section.
(Ord. 661 § 2, 2013; Ord. 808 § 1, 2023; Ord. 830 § 1, 2025)
It shall be the duty of all employees of the said town to give vigilant aid to the superintendent in the enforcement of the provisions of this chapter, and to this end they shall report all violations thereof which come to their knowledge to the office of the superintendent, and it shall be the duty of the chief of the fire department to report immediately to the superintendent in case of fire in premises having service for fire protection purposes, that fire has occurred there.
(Ord. 59 § 26, 1939)
It shall be unlawful for any person, except when duly authorized by the superintendent or who shall be a member of the fire department, to open, operate, close, turn on, turn off, interfere with, attach any pipe or hose to or connect anything with any fire hydrant, stop valve or stopcock belonging to the town. Any person, other than authorized employees of the town of Twisp, requiring the use of any hydrant belonging to the town must make written application for the same in advance to the superintendent. The superintendent shall then send a hydrant inspector to install a hydrant meter. A $50.00 nonrefundable deposit for each use shall be required, plus any applicable overage rate.
(Ord. 59 § 27, 1939; Ord. 628 § 1(M), 2011)
It shall be unlawful for any person, unless duly authorized by the superintendent, to disturb, interfere with or damage any water main, water pipe machinery, tool, meter or any other appliances, buildings, improvements, lawns, grass plots, flowers, vines, bushes or trees belonging to, connected with or under control of the municipal water supply system of the town of Twisp.
(Ord. 59 § 28, 1939)
It shall be unlawful for any person to obstruct the access to any fire hydrant by placing around or thereon any stone, brick, lumber, dirt, snow or other material or to open or operate any fire hydrant, or draw or attempt to draw water therefrom, or to willfully or carelessly injure the same.
(Ord. 59 § 30, 1939; Ord. 628 § 1(N), 2011)
The superintendent shall have authority to decide any question which may arise and which is not fully covered by the provisions of this chapter, and his decisions in such cases shall be final.
(Ord. 59 § 32, 1939)
(1) 
All use and service for water shall be furnished and measured by meter and shall be charged and paid for at meter rates.
(2) 
The town of Twisp reserves the right to discontinue the furnishing of water and any service outside the town limits at any time.
(3) 
One person, company or association must pay for all service used for his or their own use or the use of others to whom it may be accessible.
(Ord. 59 § 33, 1939; Ord. 70 § 2, 1947; Ord. 628 § 1(O), 2011)
(1) 
Domestic Use. The term "domestic use" as stated herein shall be held and construed to mean water used for residence purposes or for irrigation only.
(2) 
Commercial Use. The term "commercial use" as stated herein shall be held and construed to mean all use of water not capable of being classified above under domestic use.
(Ord. 59 § 36, 1939; Ord. 102-A § 2, 1951; Ord. 628 § 1(Q), 2011)
Should any unauthorized person turn on water or allow or cause it to be turned on after it has been shut off by the superintendent or his designee, the meter shall be removed or locked off and a charge and penalty of $50.00 made for the expense of removing and replacing the connection.
(Ord. 59 § 37, 1939; Ord. 628 § 1(R), 2011)
Each separate dwelling or building must be connected to the water system by a separate pipe controlled by a stopcock accessible at all times to the employees of the water department except as hereinafter provided as follows:
The owner, lessee or agent of any block, building, apartment house or place where water is supplied or used for more than one purpose or by more than one person, firm or family must pay in advance for all purposes to which the water is to be applied, and may collect from tenants for such purposes; provided, however, that where two or more dwellings or buildings on the same premises, but not under the same roof and not owned by the same party are served and which dwellings or buildings have not heretofore installed separate water taps or service but are being served through one tap, each dwelling shall be charged with the full rate charged per month for water and each will be given credit for 800 or 1,200 (depending on the month) cubic feet on the excess meter reading for each month, if there be any.
(Ord. 59 § 38, 1939; Ord. 628 § 1(S), 2011)
(1) 
Requirement to Charge Base Rate. All individual water service accounts to which water is furnished by the town of Twisp water department shall be charged the minimum rate per month as established for such account, regardless of whether the property is occupied or vacant, unless the account is an inactive water account or an abandoned water service.
(2) 
Definitions. For the purposes of this section, the following definitions shall apply:
(a) 
"Inactive water account"
whenever used in this section shall mean a current water account designated to a particular parcel of property, in which the improvements which comprise the type of use of such property (i.e., residence, commercial or industrial building or structure) have been destroyed, torn down or under major restoration, and the water service is interrupted, and the property owner intends to rebuild or restore such improvements within 24 months of the date of destruction, commencement of tearing down or major restoration, and the property owner applied to the town and received approval of inactive status.
(b) 
"Abandoned"
whenever used in this section shall mean a water service of the town which delivered water to a particular parcel of property or water account in which: (i) the property owner has ceased using and paying for such water service prior to January 1, 1996, and continued not using and paying for such water service to the present; or (ii) the property owner has requested discontinuance of water service for a particular piece of property or account, and the town has approved such discontinuance and discontinued water service without reinstallation. An inactive water account shall not be deemed to be abandoned.
(3) 
Inactive Water Account Application. Whenever the improvements which comprise the type of use of a parcel of property (i.e., residence, commercial or industrial building or structure) have been destroyed, torn down or under major restoration where water service is interrupted, and which was previously connected to the town's water supply system, and the property owner intends to rebuild or restore such improvements within 24 months of the date of destruction, commencement of tearing down or major restoration, the owner may make written application to the town to have the water account to such property deemed to be an inactive water account. Such application shall be made on a form provided by the town and, if approved, such inactive status shall commence as of the date of approval by the town, not to exceed 24 months. Upon approval, any water service rates shall be suspended, and water service rates shall commence again when water service is restored to the property. If water service is not restored to the property within 24 months, water service rates shall commence at the minimum rate as previously established for the account, and the property owner shall be required to pay a reconnection fee to the town to restore water service to the property. The property owner may request a temporary turnon period (for example, the property can sustain service in nonwinter months) and a subsequent shutoff (winter months) during an inactive water account status as long as the property owner pays all associated fees and charges when such temporary turnon and shutoff occurs.
The property owner shall pay all costs, charges and fees associated with any turnoff, meter charge, if required, and restoration of service.
(4) 
Abandoned Water Service. If property or water service is abandoned, the property owner must apply for a new service and pay all fees and costs associated with such new service.
(Ord. 563 §§ 1 – 4, 2006)
Pipes for fire protection purposes must be fitted up with such fixtures only as are needed for fire protection and each fixture shall be sealed by the water department. When practicable, the hose shall be kept attached to the fixtures and suspended conveniently for use in case of fire. All such pipes shall be so connected that any water used thereby shall be metered as any other water used on the same premises. Services shall be installed at the expense of the user.
(Ord. 59 § 41, 1939)
All public fire hydrants shall be under the control and kept in repair by the water department and by the fire department in case of fire and such others as the superintendent shall authorize shall have access to said hydrants. Any unauthorized person who shall open to operate any fire hydrant or draw or attempt to draw water therefrom or willfully or carelessly injure the same shall be subject to pay all damages done to said hydrant, in addition to being in violation of this section.
(Ord. 59 § 42, 1939; Ord. 628 § 1(T), 2011)
In addition to the unlawful acts and offenses elsewhere in this chapter specified, it shall be unlawful for any person or persons, firm or corporation to:
(1) 
Accept payment of any kind for water, furnished by the water department, except as provided in this chapter;
(2) 
Disturb or damage any pipe, machinery, tools, or any other property of the water department;
(3) 
Open, close, turn on, interfere with, or to attach or connect with any fire hydrant, stop valve, stopcock or pipe belonging to the water department.
(Ord. 59 § 46, 1939)
In case meters for use are not available for immediate installation, the council may enter into oral agreement with the user for an estimated charge for water until such time as meters can be installed. In all such cases there shall be charged at least the minimum charge previously provided in this chapter.
(Ord. 70 § 5, 1947)
Any person violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be assessed a civil penalty not exceeding $250.00 for each violation. Each day that a violation exists constitutes a separate violation.
(Ord. 59 § 48, 1939; Ord. 628 § 1(Z), 2011)