Title 15
WATER AND SEWAGE*

Chapters:

15.04 Definitions

15.08 Application for Service

15.12 Service Installation

15.14 Water Service Installation and Fees

15.16 General Rules and Conditions of Service

15.20 Billing Procedures

15.24 Monthly Service and Consumption Rates

15.28 Side Sewers—Construction, Repair and Connection

15.36 Drainage and Discharge into Sewers Regulated

15.38 Sewer Main Extensions

15.40 Offenses

15.44 Sanitary Sewer Comprehensive Plan

15.48 Comprehensive Water Plan

15.52 Storm Water Drainage

15.56 Surface Water Utility Monthly Service Rates and Storm Water Capital Facilities Charges

* For the statutory provisions regarding sewage disposal by a code city, see RCW 35A.21.150. For the provisions regarding a code city’s authority to protect the city’s water supply, etc., see RCW 35A.70.010.

Chapter 15.04
DEFINITIONS

Sections:

15.04.010 Generally.

15.04.020 Apartments and establishment.

15.04.030 Applicant.

15.04.034 Best management practice (BMP).

15.04.040 B.O.D.

15.04.050 City engineer.

15.04.060 City manager.

15.04.065 Conveyance system.

15.04.070 Cover.

15.04.080 Department of finance.

15.04.083 Detention.

15.04.084 Detention facility.

15.04.090 Downspout.

15.04.100 Drain.

15.04.105 Erosion.

15.04.110 Garbage.

15.04.120 Garbage, properly shredded.

15.04.130 Health officer.

15.04.140 House drain.

15.04.145 Illicit discharge.

15.04.146 Impervious surface.

15.04.150 Industrial waste.

15.04.160 Licensed contractor, side sewer.

15.04.163 Repealed.

15.04.164 Repealed.

15.04.170 Natural outlet.

15.04.175 New development.

15.04.176 New impervious surface.

15.04.178 Nonresidential storm water facilities.

15.04.180 Parking strip, inside.

15.04.190 Parking strip, outside.

15.04.200 Permit card.

15.04.210 Person.

15.04.220 pH.

15.04.225 Pollution.

15.04.230 Public place or public area.

15.04.235 Redevelopment.

15.04.238 Residential storm water facilities.

15.04.240 Service line.

15.04.250 Sewage.

15.04.260 Sewage treatment plant.

15.04.270 Sewage works.

15.04.280 Sewer.

15.04.300 Sewer, public.

15.04.310 Sewer, sanitary.

15.04.315 Sewer stub-in, sanitary.

15.04.320 Sewer, storm.

15.04.325 Side sewer.

15.04.330 Sidewalk.

15.04.335 Source control best management practices (source control BMPs).

15.04.340 Standard plans and specifications.

15.04.345 Storm water.

15.04.350 Suspended solids.

15.04.360 Watercourse.

15.04.365 Water quality treatment facility.

15.04.010 Generally.

The definitions contained in this chapter apply throughout this title, unless from context another meaning is clearly intended. (Ord. 3086 § 1, 1988: Ord. 874 § 2.0, 1962)

15.04.020 Apartments and establishment.

For the purpose of this title, the terms, “apartment” and “establishment” each mean that portion of a building, whether a room or combination of rooms which taken together are used or held by the owner or person, entitled to possession as a separate unit. (Ord. 2062 § 1.06, 1969)

15.04.030 Applicant.

“Applicant” means the owner or authorized agent of the property to be served and the applicant shall be the responsible person for the payment of bills for sanitary sewer service or water service. (Ord. 2062 § 1.03, 1969)

15.04.034 Best management practice (BMP).

“Best management practice (BMP)” means those practices which provide the best available and reasonable physical, structural, managerial, or behavioral activity to reduce or eliminate pollutant loads and/or concentrations leaving the site. (Ord. 3711 § 3 (part), 1999)

15.04.040 B.O.D.

“B.O.D.” (denoting biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty degrees Centigrade expressed in milligrams per liter. (Ord. 874 § 2.1, 1962)

15.04.050 City engineer.

“City engineer” means the engineer duly appointed by the city to supervise and direct the design and construction of local sewerage facilities, acting personally or through agents or assistants duly authorized by him/her, such agents or assistants acting within the scope of the particular duties assigned to them. (Ord. 3086 § 2, 1988: Ord. 874 § 2.2, 1962)

15.04.060 City manager.

“City manager” means the city manager, the director of public works, the operations and maintenance engineer, the director of finance or any authorized agent, deputy or other person acting under the authority of the city manager. (Ord. 3573 § 64, 1997: Ord. 3368 § 1 (part), 1993: Ord. 3086 § 3, 1988: Ord. 2062 § 1.01, 1969)

15.04.065 Conveyance system.

“Conveyance system” means the drainage facilities and features, both natural and constructed, which collect, contain, and provide for the flow of surface and storm water from the highest points on the land down to a receiving water. The natural elements of the conveyance system include swales and small drainage courses, streams, rivers, lakes, and wetlands. The constructed elements of the conveyance system include gutters, ditches, pipes, channels, and most flow control and water quality treatment facilities. (Ord. 3711 § 3 (part), 1999)

15.04.070 Cover.

“Cover” means the depth of the material lying between the top of the sewer, or drain, and the finished grade immediately above it. (Ord. 874 § 2.4, 1962)

15.04.080 Department of finance.

“Department of finance” means the person or persons designated by the city manager to collect water and sewer rates and charges. (Ord. 3573 § 65, 1997: Ord. 2062 § 1.04, 1969)

15.04.083 Detention.

“Detention” means the release of storm water runoff from the site at a slower rate than it is collected by the storm water facility system, the difference being held in temporary storage. (Ord. 3711 § 3 (part), 1999)

15.04.084 Detention facility.

“Detention facility” means an above- or below-ground facility, such as a pond or tank, that temporarily stores storm water runoff and subsequently releases it at a slower rate than it is collected by the drainage facility system. There is little or no infiltration of stored storm water. (Ord. 3711 § 3 (part), 1999)

15.04.090 Downspout.

“Downspout” means the leader or pipe above ground which is installed to conduct water from the roof gutter. (Ord. 874 § 2.6, 1962)

15.04.100 Drain.

“Drain” means any conductor of liquids. (Ord. 874 § 2.7, 1962)

15.04.105 Erosion.

“Erosion” means the wearing away of the land surface by running water, wind, ice, or other geological agents, including such processes as gravitational creep; detachment and movement of soils or rock fragments by water, wind, ice, or gravity. (Ord. 3711 § 3 (part), 1999)

15.04.110 Garbage.

“Garbage” means all animal and vegetable refuse from kitchen and household waste that shall have been prepared for or shall have resulted from preparation of food or drink to be consumed on the premises or for consumption off the premises when served by caterers. (Ord. 874 § 2.8, 1962)

15.04.120 Garbage, properly shredded.

“Garbage, properly shredded” means garbage that has been shredded to such degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers with no particle greater than three-eighths inch in any dimension. (Ord. 874 § 2.9, 1962)

15.04.130 Health officer.

“Health officer” means the officer responsible for public health or his authorized representative employed by the county health department. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.5, 1962)

15.04.140 House drain.

“House drain” means the pipe used for conveying sewerage from the building to a point two and one-half feet outside the foundation wall and if there be no foundation wall to a point two and one-half feet beyond the outer line of any footings, pilings, building supports, or porch under which it may run, whether such drain consists of one line extending from the building or of two or more of such lines. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.10, 1962)

15.04.145 Illicit discharge.

“Illicit discharge” means all non-storm-water discharges to storm water drainage systems that cause or contribute to a violation of state water quality, sediment quality, or groundwater quality standards, including but not limited to sanitary sewer connections, industrial process water, interior floor drains and gray water systems. (Ord. 3711 § 3 (part), 1999)

15.04.146 Impervious surface.

“Impervious surface” means a hard surface area which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development. Common impervious surfaces include, but are not limited to, rooftops, walkways, patios, driveways, parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled, macadam, or other surfaces which similarly impede the natural infiltration of surface and storm water runoff. Open, uncovered flow control or water quality treatment facilities shall not be considered impervious surfaces. (Ord. 3711 § 3 (part), 1999)

15.04.150 Industrial waste.

“Industrial waste” means any liquid, solid, or gaseous substance or form of energy or combination thereof resulting from any process of industry, manufacturing, food processing, business, trade or research, including the development, recovery, or processing of natural resources. (Ord. 874 § 2.11, 1962)

15.04.160 Licensed contractor, side sewer.

“Licensed contractor, side sewer” means a bonded and licensed person as a contractor through the state as qualified and competent to do work incidental to the construction and/or repair of side sewers under a permit issued under this title. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.3, 1962)

15.04.163 METRO.

Repealed by Ord. 3870. (Ord. 3086 § 4, 1988)

15.04.164 METRO sewer system.

Repealed by Ord. 3870. (Ord. 3086 § 5, 1988)

15.04.170 Natural outlet.

“Natural outlet” means any storm water outlet into a watercourse, pond, ditch, lake, sound, or other body of surface water. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.12, 1962)

15.04.175 New development.

“New development” means land disturbing activities; structural development, including construction, installation or expansion of a building or other structure; creation of impervious surfaces; and subdivision and short subdivision of land as defined in RCW 58.17.020. (Ord. 3711 § 3 (part), 1999)

15.04.176 New impervious surface.

“New impervious surface” means the addition of a hard or compacted surface such as pavement, gravel, dirt, or roofs or the addition of a more compacted surface such as the paving of preexisting dirt or gravel. (Ord. 3711 § 3 (part), 1999)

15.04.178 Nonresidential storm water facilities.

“Nonresidential storm water facilities” means storm water detention or water quality facilities that are located on private property and which are not contained in tracts or easements dedicated to the city. These facilities do not serve public streets, but rather serve only buildings, parking lots, and other amenities associated with the privately owned development. Multifamily developments such as condominiums and apartments are considered nonresidential for the purposes of this title. (Ord. 3711 § 3 (part), 1999)

15.04.180 Parking strip, inside.

“Parking strip, inside” means that portion of the street area lying between a public sidewalk location and the property line. (Ord. 874 § 2.13, 1962)

15.04.190 Parking strip, outside.

“Parking strip, outside” means that portion of a street area lying between a public sidewalk location and the curb location. (Ord. 874 § 2.14, 1962)

15.04.200 Permit card.

“Permit card” means a building, grading or right-of-way permit card issued by the city in conjunction with any permit and such card shall be posted on the premises and shall be readily and safely accessible to the city engineer. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.15, 1962)

15.04.210 Person.

“Person” means any individual, firm, company, association, partnership, society, corporation or group. (Ord. 3368 § 1 (part), 1993: Ord. 2062 § 1.02, 1969; Ord. 874 § 2.16, 1962)

15.04.220 pH.

“pH” means the negative of the logarithm to the base ten of the reciprocal of the hydrogen ion concentration in grams per liter of solution. (Ord. 874 § 2.17, 1962)

15.04.225 Pollution.

“Pollution” means contamination or other alteration of the physical, chemical, or biological properties of waters of the state, including change in temperature, taste, color, turbidity, or odor of the waters, or discharge of any liquid, gaseous, solid, radioactive, or other substance into any water of the state, as will or is likely to create a nuisance or render such waters harmful, detrimental or injurious to the public health, safety or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish or other aquatic life. (Ord. 3711 § 3 (part), 1999)

15.04.230 Public place or public area.

“Public place or public area” means any space dedicated to or acquired by the city for the use of the general public. (Ord. 874 § 2.18, 1962)

15.04.235 Redevelopment.

“Redevelopment” means, on an already developed site, the creation or addition of impervious surfaces; structural development including construction, installation or expansion of a building or other structure; and/or replacement of impervious surface that is not part of a routine maintenance activity, and land disturbing activities associated with structure or impervious redevelopment. (Ord. 3711 § 3 (part), 1999)

15.04.238 Residential storm water facilities.

“Residential storm water facilities” means storm water detention or water quality facilities that are either in the public right-of-way or that are in a tract or easement dedicated to the city. These facilities usually serve public streets and single-family residences. (Ord. 3711 § 3 (part), 1999)

15.04.240 Service line.

“Service line” means that portion of a pipe line, either water or sanitary sewer connecting the city-owned and maintained main or trunk line and the premises to be served. Sewer service lines shall also be known as “side sewers.” (Ord. 3368 § 1 (part), 1993: Ord. 2653 § 1, 1982: Ord. 2062 § 1.05, 1969)

15.04.250 Sewage.

“Sewage” means a combination of the water-carried wastes from residences, business buildings, institutions, industrial establishments, etc. (Ord. 3086 § 6, 1988: Ord. 874 § 2.19, 1962)

15.04.260 Sewage treatment plant.

“Sewage treatment plant” means any arrangement of devices and devices affixed thereto used for treating sewage.(Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.21, 1962)

15.04.270 Sewage works.

“Sewage works” means all the facilities for collecting, pumping, treating, and disposing of sewage. (Ord. 874 § 2.20, 1962)

15.04.280 Sewer.

“Sewer” means a conduit designed or used to transport wastewater. (Ord. 3086 § 7, 1988: Ord. 874 § 2.22, 1962)

15.04.300 Sewer, public.

“Public sewer” means a sewer in which all owners of abutting properties have equal rights and which is controlled by public authority. (Ord. 874 § 2.24, 1962)

15.04.310 Sewer, sanitary.

“Sanitary sewer” means any pipe, conduit, or other structure, outlet or drain designed to carry sanitary sewage and/or industrial wastes, and to which storm, surface and ground waters are not intentionally admitted. (Ord. 3368, § 1 (part), 1993: Ord. 874 § 2.25, 1962)

15.04.315 Sewer stub-in, sanitary.

“Sanitary sewer stub-in” means a sanitary sewer stub provided to a property for future sewer connection. (Ord. 3368 § 1 (part), 1993)

15.04.320 Sewer, storm.

“Storm sewer” means a sewer which carries storm and surface waters and drainage but excludes sewage and polluted industrial wastes. (Ord. 874 § 2.26, 1962)

15.04.325 Side sewer.

“Side sewer” means a conduit extending from the plumbing system of a building to and connecting with a public or private sewer. (Ord. 3086 § 8, 1988)

15.04.330 Sidewalk.

“Sidewalk” means the walkway in the public area lying parallel or generally parallel to the roadway. It the walk is not yet paved all measurements shall be based on location and elevation established by the city engineer. (Ord. 874 § 2.27, 1962)

15.04.335 Source control best management practices (source control BMPs).

“Source control best management practices (source control BMPs)” means BMPs that are intended to prevent pollutants from entering storm water. Examples include erosion control practices, maintenance of storm water facilities, roofing of storage and work areas, and directing wash water and similar discharges to the sanitary sewer or a dead end sump. (Ord. 3711 § 3 (part), 1999)

15.04.340 Standard plans and specifications.

“Standard plans and specifications” means those rules, regulations, policies and amendments thereto issued by the city engineer, including water systems, sewer systems, storm drainage systems, road construction and street improvements, traffic control, and erosion control pursuant to Section 15.28.290. (Ord. 3368 § 1 (part), 1993: Ord. 874 § 2.28, 1962)

15.04.345 Storm water.

“Storm water” means that portion of precipitation that does not naturally percolate into the ground or evaporate, but flows overland, via interflow, or through channels or pipes into a defined surface water channel or constructed infiltration facility. (Ord. 3711 § 3 (part), 1999)

15.04.350 Suspended solids.

“Suspended solids” means solids that either float on the surface of or are in suspension in water, sewage, or other liquids and which are removable by filter. (Ord. 874 § 2.29, 1962)

15.04.360 Watercourse.

“Watercourse” means a channel in which a natural flow of water occurs or has occurred either continuously or intermittently. (Ord. 874 § 2.30, 1962)

15.04.365 Water quality treatment facility.

“Water quality treatment facility” means a drainage facility designed to reduce pollutants once they are already contained in storm and surface water runoff. Water quality treatment facilities are the structural component of best management practices (BMPs), which provide the best available and reasonable physical, structural, managerial, or behavioral activity, that when used singly or in combination eliminate or reduce the contamination of surface and/or ground waters. (Ord. 3711 § 3 (part), 1999)

Chapter 15.08
APPLICATION FOR SERVICE

Sections:

15.08.010 Required—Contents.

15.08.020 Application not binding.

15.08.025 Application for service outside city limits.

15.08.040 Installation dependent on available facilities.

15.08.041 Owners of property benefitted to pay for modification.

15.08.050 Acceptance of application deemed contract.

15.08.060 Use of service for specified purpose only.

15.08.010 Required—Contents.

The city will require prospective customers to sign an application for water service or sewer service. The application must be made in writing or on a standard form at the office of the public works department. The application shall set forth:

(1) Signature of applicant;

(2) Owner of premises to be served;

(3) Location of premises;

(4) Address of party paying bills;

(5) The size of service pipe required;

(6) Purpose for which service is to be used;

(7) Payment of all required fees.

(Ord. 3368 § 2 (part), 1993: Ord. 2062 § 2.01, 1969)

15.08.020 Application not binding.

The application is merely a written request for service and does not, in itself, bind the city to serve. (Ord. 2062 § 2.02, 1969)

15.08.025 Application for service outside city limits.

The city may, by contract with a requesting property owner, agree to permit a connection to the water and/or sewer facilities of the city in order to serve property outside the city limits, subject the following:

(1) Property Contiguous to the City Limits. Property which is contiguous to the city limits must be annexed to the city prior to application for service. Connection shall then be requested in the manner provided in Section 15.08.020; provided, however, that the city may, only when deemed to be in the best interest of the city and property owner, permit application to be filed and connection to the system made prior to the effective date of the annexation, but in no event, shall a connection be made to the system prior to the filing with the city of the petition to annex required by RCW 35A.14.120, signed by owners of not less than seventy-five percent of the assessed valuation of the property sought to be annexed, including the property for which the connection to the system is requested.

(2) Property which is Not Contiguous to the City Limits. When property is not contiguous to the city limits, an application for service outside the city limits may only be considered by the city for acceptance subject to the following:

(A) At the time of making application, the property owner shall enter into an agreement with the city to annex the property to the city at such time as it becomes contiguous to the then existing city limits. Such agreement shall be in a form sufficient to run with the land and shall be recorded with the King County department of elections and records.

(B) The use and structure to be served by the proposed connection shall be consistent with the Kirkland land use polices plan.

(C) Any development or construction required prior to connection shall be accomplished in accordance with the required standard of King County and, insofar as practical, the development standards contained in the Kirkland Municipal Code, including those standards relating to land surface modification and storm and surface water control.

(D) If an application for sewer service outside the city limits is not within the “city growth boundary” as defined by the city comprehensive plan, then service may be provided to the subject property provided an interlocal agreement between the city and the city or county or sewer district in which the property resides is drafted and recorded. The interlocal agreement shall allow the city to serve the subject property with sewer.

(E) Before connection is made, the property owner shall enter into a water/sewer connection and service contract with the city, which contract shall include the terms and conditions under which the city will permit connection (including extension of the system where required) to the water/sewer system and following connection to provide water and/or sewer service to said property. (Ord. 3368 § 2 (part), 1993: Ord. 2499 § 1, 1979)

15.08.040 Installation dependent on available facilities.

The installation of any water or sewer service line is dependent upon available adequate water or sewer facilities. The public works department is not required to approve an application and make installation where a modification to the system would be necessary to

make facilities available. As used herein, the phrase “modification” or “modification to the system” means the construction or installation of any new trunk service line or collector line, or the extension of any such existing line or any replacement of such facilities to increase the capacity flow where the system is inadequate to handle the increased demand that would result from the applicant’s proposed use. Modifications shall also include the installation of fire hydrants where required for adequate fire protection as determined by the department of fire services. (Ord. 3368 § 2 (part), 1993: Ord. 2309 § 1, 1976: Ord. 2062 § 2.04, 1969)

15.08.041 Owners of property benefited to pay for modification.

The cost of any modification to the system shall be borne by each property abutting upon or benefiting from such modification or by the owners of such property. (Ord. 3368 § 2 (part), 1993: Ord. 2309 § 2, 1976)

15.08.050 Acceptance of application deemed contract.

If written application for service is approved by the city, the application shall be considered as a contract in which the applicant agrees to abide by such rates, rules and regulations as are in effect at the time of signing the application or as may be adopted thereafter by the city and to pay all charges, rates and fees promptly. (Ord. 3368 § 2 (part), 1993: Ord. 2062 § 2.05, 1969)

15.08.060 Use of service for specified purpose only.

No person receiving water or sewer service from the city water system shall be entitled to the use thereof for any purpose other than that stated in the application, nor to grant service in any way to other persons or premises. (Ord. 2062 § 2.06, 1969)

Chapter 15.12
SERVICE INSTALLATION*

Sections:

15.12.010 Habitable building—Toilet facilities—Connection to sewer required.

15.12.020 Required connections subject to service charge.

15.12.032 Required sewer extension prior to connection.

15.12.040 Placement of side sewer service lines.

15.12.050 Sewer service stubs.

15.12.060 Side sewer fees.

15.12.063 Sewer capital facility charges (SCFC)—Definitions.

15.12.064 Sewer capital facility charge adjustment.

15.12.070 Fees for special services rendered.

* Side sewer installation—See Chapters 15.28 and 15.32 of this title.

15.12.010 Habitable building—Toilet facilities—Connection to sewer required.

A lot or parcel of property:

(a) Any portion of which lies within three hundred thirty feet of a public sewer as calculated along the shortest route in public rights-of-way or easements to the nearest point of the land or parcel to be served; and

(b) Upon which there is situated any building or structure for human habitation or use for any purpose involving human occupancy, shall have installed in the building or structure suitable toilet and sanitary drainage facilities, and the same shall be connected to the proper public sewer (except as permitted by Section 15.28.010) in accordance with the provisions and specifications of Chapters 15.28 and 15.36.

The owner of any lot or parcel required by the foregoing paragraph to be connected to the public sewer shall at his expense so connect within six months of the date of completion of any sewer line extension which brings the public sewer within three hundred thirty feet of the property line. (Ord. 3368 § 3 (part), 1993: Ord 3020 § 1, 1987: Ord. 2175 § 1, 1971: Ord. 2062 § 3.01, 1969)

15.12.020 Required connections subject to service charge.

Each lot or parcel of real property required by this title or by any other ordinance of the city or any law of the state of Washington to be connected with the sewer system of the city shall be subject to a monthly sewer charge as herein established whether such lot or parcel of real property is actually connected to the sewer system or not; provided, however, the monthly sewer charge will be waived if the property owner can establish to the satisfaction of the city engineer that the lot or parcel is connected to a septic system approved by the county. (Ord. 3368 § 3 (part), 1993: Ord. 2062 § 3.02, 1969)

15.12.032 Required sewer extension prior to connection.

Prior to the connection of any property to the city sewer system, the sewer system main lines must be extended to the subject property’s furthest property line by way of public right-of-way or easement. The sanitary sewer extension is subject to the following:

(1) Using the sanitary sewer comprehensive plan and sound engineering judgment, the city engineer shall determine the length and number of sanitary sewer extensions for the subject property applying for connection.

(2) The sanitary sewer must traverse along or through the subject property within a right-of-way or a recorded sanitary sewer easement to provide for future extension unless the city engineer determines such an extension is not necessary because the subject property is the last property to be served or that an extension would serve no other property.

(3) The city engineer may determine that a property proposed for connection be required to extend more than one sanitary sewer line along or through the subject property.

(4) If the property proposed for connection has a sanitary sewer main fronting the property and the sewer main extends to the furthest property line, and no other sanitary sewer extensions are required either along another right-of-way frontage or through an easement, then the applicant may connect with a side sewer under the conditions of this title and under public works standards and specifications. (Ord. 3368 § 4 (part), 1993)

15.12.040 Placement of side sewer service lines.

All sewer service lines shall normally be placed at least eighteen inches below the surface of the ground and at least five feet horizontally from a water pipe line. Wherever, because of prevailing conditions, a sewer service line is placed less than eighteen inches below the surface of the ground, ductile iron pipe shall be used. All side sewer service lines must be installed per the most current department of public works standards. (Ord. 3368 § 3 (part), 1993: Ord. 2062 § 3.04, 1969)

15.12.050 Sewer service stubs.

Sewer service lines shall be stubbed from the main to the property line by the city where appropriate and a fee collected at the time of connection for the cost of the installation of the stub. The property owner shall be responsible for the installation and the maintenance of the sewer service line from the city-owned and maintained public sewer main to the point of service, including any sewer stubs installed by the city for the benefit of the property owner. (Ord. 3368 § 4 (part), 1993)

15.12.060 Side sewer fees.

Whenever any connection is made for the benefit of property lying within the city limits to the city sewer system, the following installation fees shall be paid:

(1) Inspection and Stub-In Fees. Sewer inspection permit fee, two hundred fifty dollars. Stub-in fee, one thousand dollars minimum or as otherwise documented by city construction costs. (Where applicable a stub-in fee will be assessed.)

(2) Sewer System Inspection Fee. The two-hundred-fifty-dollar permit shall be paid in all cases, and a permit shall be required for each new account or customer added to the sewer system.

(3) Side Sewer Capping Inspection Fee. All side sewers which are disconnected from the building must be capped and inspected by a public works inspector. The fees for said inspection shall be fifty-five dollars. A side sewer permit shall be required whenever capping of the side sewer is necessary. (Ord. 3675 § 1 (part), 1998: Ord. 3368 § 3 (part), 1993: Ord. 2461 § 1, 1978: Ord. 2372 § 1, 1978: Ord. 2175 § 2, 1971: Ord. 2062 § 3.06, 1969)

15.12.063 Sewer capital facility charges (SCFC)—Definitions.

The sewer connection charge(s) must be paid prior to issuance of the permit and shall be determined as to each requested connection by the application of the criteria set forth below.

(1) For all sewer connections a sewer capital facility charge will be assessed and shall consist of the following:

(a) Each sewer connection will be assigned a “residential customer equivalent” (RCE) factor. The RCE has a base of one for a three-fourths-inch by five-eighths-inch water meter, i.e., a building served by a five-eighths-inch by three-fourths-inch meter will be given a sewer RCE factor of one.

(b) The RCE for each sewer connection is as follows:

Single-Family/Multifamily Sewer Fees
Single-family	(1 RCE)
2 unit multi	(1.6 RCE, 0.8 RCE per unit)
3 unit multi	(2.4 RCE)
4 unit multi	(3.2 RCE)
5 or more units	Number of units x 0.64 x 1 RCE (0.64 RCE per unit)

(c) The sewer capital facility charge shall be waived for the bonus or additional units or floor area being developed in exchange for construction of affordable housing units pursuant to Chapter 112 of the Kirkland Zoning Code. Any claim for waived sewer capital facility charges must be made before payment of those charges. The amount of sewer capital facility charges not collected under this waiver shall be paid from public funds other than the sewer utility.

(d) Other use (commercial, office, light industrial, churches, school, etc.) shall be based on the water meter size serving the property:

Meter Size	RCE
5/8" x 3/4"	1
1"	2.5
1-1/2"	5
2"	8
3"	16
4"	25
6"	50
8"	80

(e) Each property will be assessed an SCFC for each domestic water meter service or as determined by the department of public works. (Ord. 3939 § 2B, 2004: Ord. 3870 § 3, 2002: Ord. 3720 § 1, 1999: Ord. 3368 § 4 (part), 1993)

15.12.064 Sewer capital facility charge adjustment.

The SCFC fee with Section 15.12.063 will be adjusted periodically, but not less often than every odd number year. The adjustment shall use the method following:

(1) At the time of adjustment, the value of the sewer capital facility shall be determined based on the worth of all city sewer mains less any sewer mains funded by local improvement districts, grants, or installation by private entities (developers); this shall be known as the plant in service;

(2) The total of all connections to the sewer capital facility shall be determined and an RCE factor assigned;

(3) The adjusted SCFC shall be calculated by dividing the current sewer capital facility value by the current number of RCEs;

(4) Upon determining the adjusted SCFC, the director of public works shall file with the director of finance three copies of the adjusted fee schedule along with the values the fee schedule is based on. The director of finance shall file said schedules and values with the city clerk to be available for use by the general public and the affected city officials and departments;

(5) Whenever any connection is made to the city sewer system to serve property outside of the city limits, the property will be assessed the same fees set forth in this section. (Ord. 3870 § 4, 2002: Ord. 3573 § 66, 1997; Ord. 3368 § 4 (part), 1993)

15.12.070 Fees for special services rendered.

In addition to all other user rates and service connection fees required to be paid to the city, the following special service fees are established and shall be paid by the owner of the property served:

Service Calls. When a service call is made at the request of the owner or occupant of the premises for assistance in locating and/or repairing a plugged sanitary sewer drain, no charge will be assessed if plugged sewer lines were not caused by the owner or occupant of the premises. However, a charge of twenty dollars shall be made only when it is determined that the location or cause of the sanitary sewer drain plug is not within the city-owned main or trunk line and it was caused by the owner or occupant of the premises. The foregoing fees when incurred shall be added to the next customer billing as provided in Section 15.20.050. (Ord. 3368 § 3 (part), 1993: Ord. 2653 § 4, 1982)

Chapter 15.14
WATER SERVICE INSTALLATION AND FEES

Sections:

15.14.010 Required water extensions prior to connection.

15.14.020 Water capital facility charges (WCFC).

15.14.030 Water meter installation charge.

15.14.040 Placement of water service lines.

15.14.050 Fees for special services rendered.

15.14.010 Required water extensions prior to connection.

Prior to the connection of any property to the city water system, the water system must be extended to the subject property’s furthest property line by way of right-of-way or easement. The domestic water extensions are subject to the following:

(1) Using the water comprehensive plan and sound engineering judgment, the city engineer shall determine the length and number of water main extensions for the particular property applying for connection.

(2) The water main must traverse along or through the subject property within a right-of-way or a recorded water easement to provide for future extension unless the city engineer determines such an extension is not necessary because the subject property is the last property to be served or that an extension would serve no other property.

(3) The city engineer may determine that a property be required to extend more than one water line along or through the subject property.

(4) If the property proposed for connection has a water main fronting the property and the water main extends to the furthest property line, and no other water main extensions are required either along another right-of-way frontage or through an easement, then the applicant may connect with a water service under the conditions of this title and under public works standards and specifications. (Ord. 3368 § 5 (part), 1993)

15.14.020 Water capital facility charges (WCFC).

The water connection charge(s) must be paid prior to issuance of the permit and shall be determined as to each requested connection by the application of the criteria set forth below.

(1) For all water connections a base local water capital facility charge (WCFC) will be assessed and will consist of the following:

(a) Each water connection will be assigned a “residential customer equivalent” (RCE) factor;

(b) The water connection RCE shall be determined based on the proposed water meter size;

(c) The water meter shall be sized in accordance with the Uniform Plumbing Code as amended and adopted by Chapter 21.20 of this code;

(d) A water connection’s RCE is based on the flow potential through its meter. A five-eighths-inch by three-fourths-inch meter is assigned a base factor of one;

(e) The base WCFC is multiplied by RCE factors based upon water meter sizes as follows:

Meter Size	RCE
5/8" x 3/4"	1
1"	2.5
1-1/2"	5
2"	8
3"	16
4"	25
6"	50
8"	80

(f) The fee schedule will be adjusted periodically, but not less often than every odd number year, to reflect a change in the WCFC. The adjustment shall use the method following:

(i) At the time of adjustment, the value of the water capital facility shall be determined based on the worth of all city water mains less any water mains funded by local improvement districts, grants or installation by private entities (developers); this shall be known as the in-plant service;

(ii) The total of connections to the water capital facility shall be determined and a RCE factor assigned;

(iii) The adjusted WCFC shall be calculated by dividing the current water capital facility value by the current number of RCEs;

(iv) Upon determining the adjusted WCFC, the director of public works shall file with the director of finance three copies of the adjusted fee schedule along with the values the fee schedule is based on. The director of finance shall file the schedules and values with the city clerk to be available for use by the general public and the affected city officials and departments.

(2) For all water connections a based regional capital facility charge (RCFC) will be assessed and will consist of the following:

(a) Each water connection will be assigned a “cascade equivalent residential unit” (CERU) factor based on the proposed meter size;

(b) The water meter shall be sized in accordance with the Uniform Plumbing Code as amended and adopted by Chapter 21.20 of this code;

(c) A water connection’s CERU factor is based on the flow potential through its meter. A five-eighths-inch by three-fourths-inch meter is assigned a base factor of one. The base RCFC is multiplied by CERU factors based upon water meter sizes as follows:

Meter Size	CERU
5/8" x 3/4"	1
1"	2.5
1-1/2"	5
2"	8
3"	16
4"	25
6"	50
8"	80
10"	115
12"	160

(d) The RCFC may be adjusted periodically pursuant to the terms of the interlocal agreement between the city and the Cascade Water Alliance.

(e) Upon receiving the adjusted RCFC, the director of public works shall file with the director of finance three copies of the adjusted fee schedule. The director of finance shall file the schedules with the city clerk to be available for use by the general public and the affected city officials and departments.

(3) The water connection charge required by subsections (1) and (2) of this section will be assessed against both domestic and irrigation water meter connections.

(4) When water meter size is increased solely to provide fire sprinkler protection, the water connection charge required by subsections (1) and (2) of this section shall be based on the size required by the Uniform Plumbing Code, as amended and adopted by Chapter 21.20 of this code. (Ord. 3870 § 5, 2002: Ord. 3720 § 2, 1999; Ord. 3573 § 67, 1997; Ord. 3527 § 1, 1996; Ord. 3368 § 5 (part), 1993)

15.14.030 Water meter installation charge.

(a) The meter installation charge shall be based upon the size of the meter required. Each meter fee shall include a service line inspection fee of fifty dollars and is included in the following schedule:

3/4-inch meter	$108.00
1-inch meter	143.00
1-1/2-inch meter	220.00
2-inch meter	286.00

Any meter in excess of two inches in diameter: the actual cost of the meter plus installation cost plus a fifty-dollar service line inspection fee.

(b) The fee for installing the meter and the service line including a fifty-dollar administrative fee is as follows:

3/4-inch meter	$444.00
1-inch meter	592.00
1-1/2-inch meter	863.00
2-inch meter	1,034.00

Any meter in excess of two inches in diameter: the actual cost of the meter and service line, plus installation costs, plus street patching costs, plus a fifty-dollar administrative fee.

(c) Annual Adjustment in Meter Charge. Annually the director of public works shall adjust the meter charges in accordance with the following adjustment formula: the director shall determine for each meter size the average cost to the city for meter plus installation, using the actual cost of meter installation, using the actual cost of meter and installation for the immediate past thirty meter installations; provided, that he shall exclude from the calculation, any meter installation occurring more than three years prior to the date of calculation, and any meter installation where the cost thereof was either fifty percent more than or fifty percent less than the calculated average cost. To the average cost shall be added an administration fee and the sum thereof shall be the adjusted water meter charge to be paid. (Ord. 3720 § 3, 1999; Ord. 3368 § 5 (part), 1993)

15.14.040 Placement of water service lines.

All water service lines shall be placed at least twenty-four inches below the surface of the ground. (Ord. 3368 § 5 (part), 1993)

15.14.050 Fees for special services rendered.

In addition to all other user rates and service connection fees required to be paid to the city, the following special service fees are established and shall be paid by the owner of the property served:

(1) Customer-Requested Service Shutoff. A water service shutoff or disconnect made at the request of the owner or occupant of the premises served:

(A) When shutoff may be made by the city during regular business hours, thirty dollars;

(B) When shutoff can only be made by the city during nonbusiness hours, eighty dollars.

(2) Water Service Shutoff or Turn-On for Unpaid User Bill. A water service shutoff or disconnect for nonpayment of delinquent water, sewer or refuse bill as authorized by Section 15.20.020, or for turning it on after payment of such delinquencies, forty dollars within normal business hours, ninety dollars if during nonbusiness hours.

(3) Service Calls. When a service call is made at the request of the owner or occupant of the premises for assistance in shutting off the water line to help locate and/or repair a water line leak, no charge will be assessed if the broken water line was not caused by the owner or occupant of the premises. However, a charge of twenty dollars shall be made if it is determined the water line leak was caused by the owner or occupant of the premises.

(4) Special Water Meter Reading. A reading of a customer’s water meter, at the request of the owner, title or escrow company, occurring on any day other than the day the city has established as the property’s regular scheduled water meter reading, forty dollars.

(5) Alternate Billing. When alternate billing is requested as authorized by Section 15.20.010, ten dollars.

(6) Cut Lock Fee. When the water meter is discovered unlocked after the meter has been turned off and locked for non-payment of delinquent water, sewer or refuse bill as authorized by Section 15.20.020, sixty dollars.

(7) Shutoff Tag. A customer receiving a shut-off tag notice as final notice before water is shut off for nonpayment, twenty dollars.

(8) The foregoing fees when incurred shall be added to the next customer billing as provided in Section 15.20.050. (Ord. 4070 § 1, 2006: Ord. 3993 § 1, 2005: Ord. 3368 § 5 (part), 1993)

Chapter 15.16
GENERAL RULES AND
CONDITIONS OF SERVICE*

Sections:

15.16.010 Interruption of service—City not liable.

15.16.020 Volume and pressure—City not liable.

15.16.030 Prevention of water waste.

15.16.040 Water shortage—Use restrictions.

15.16.042 Water restrictions—Powers of the city.

15.16.045 Water restrictions—Penalty.

15.16.047 Enforcement.

15.16.050 Connection between private and city system prohibited.

15.16.060 Shut-off for repairs—Notice.

15.16.070 Installations of water service pipe.

15.16.080 Access to water meter to be maintained.

15.16.090 Water consumption meters—Size requirements—Penalty for failure to install.

* For regulations pertaining to drainage and discharges into sewers, see Chapter 15.36 of this title. For regulations pertaining to offenses, see Chapter 15.40 of this title.

15.16.010 Interruption of service—City not liable.

The department of public works will use all reasonable means to provide an adequate and continuous water service for all customers, but in case the water service is interrupted or reduced for any cause, the city shall not be liable for any injury or damages resulting therefrom and any such interruptions or reductions in service shall not give rise to any cause of action for a breach of agreement for service. (Ord. 3368 § 6 (part), 1993: Ord. 2062 § 4.01, 1969)

15.16.020 Volume and pressure—City not liable.

The city makes no commitments as to the volume of water available, pressure per square inch or continuity of service, and will not be liable for injuries or damages due to insufficient volume, inadequate pressure or interruption of service. (Ord. 3368 § 6 (part), 1993: Ord. 2062 § 4.02, 1969)

15.16.030 Prevention of water waste.

It shall be the duty of each customer to eliminate waste of water supply by repairing, or causing to be repaired, any defective or leaking pipe or plumbing fixture. No person shall use more water for irrigation or other uses than is reasonably necessary. (Ord. 2062 § 4.03, 1969)

15.16.040 Water shortage—Use restrictions.

In case of shortage of water, the department of public works is authorized to impose water use restrictions in order to efficiently safeguard the safety and health of the general public or to provide for the public convenience. The use of water for irrigation, cooling, or other uses may be forbidden, restricted, or regulated and such regulations may be made effective as to all customers or as to particular classes of customers. Rationing may be imposed during any shortage of water, either in lieu of or in addition to other measures hereby authorized. (Ord. 3083 § 1, 1988: Ord. 2062 § 4.04, 1969)

15.16.042 Water restrictions—Powers of the city.

The director of public works shall conduct public education efforts regarding the benefits and necessity of conservation by the public, and is authorized to promulgate such rules and regulations as may be necessary to implement water use restriction. The director of public works is further authorized to make exceptions to such restrictions in specific cases as he/she finds reasonable, such as, but not limited to, watering newly seeded or sodded lawns, alleviating unnecessary economic hardship to commercial or industrial activities or preventing possible damage to health, safety or welfare. (Ord. 3083 § 2, 1988)

15.16.045 Water restrictions—Penalty.

It is unlawful for any person to violate water use restrictions. In addition to other lawful remedies, the director of public works is authorized to impose a surcharge of up to fifty dollars for each day a customer’s water usage practices exceeds water conservation restrictions as provided for in this chapter. Said surcharge will be added to and become a part of the water bill for the customer in addition to any service rate amounts as set forth in Chapter 15.20 of this code. Prior to the imposition of a surcharge, the public works department shall send a notice at the service address advising of the customer’s water usage practices in excess of mandatory water shortage restrictions and advising that a surcharge may be imposed for any further violations. (Ord. 3083 § 3, 1988)

15.16.047 Enforcement.

(a) Each police officer of the city and the director or any employee of the city public works department or fire and building department shall have the authority to enforce the provisions of this chapter.

(b) In addition to penalties otherwise provided, the director of public works is authorized to install a water restricting device on the waterline or lines serving any person who commits a second or subsequent violation of any of the provisions of this chapter. Alternatively, after such notice of a violation as may reasonably be given based on the circumstances, the director of public works may cause water service to be terminated for subsequent or continuing violation of water conservation restrictions. (Ord. 3083 § 4, 1988)

15.16.050 Connection between private and city system prohibited.

The city will not permit any physical connection between private water supply and the city distribution system or supply line. (Ord. 2062 § 4.05, 1969)

15.16.060 Shut-off for repairs—Notice.

The city shall, whenever it finds it to be necessary for the purpose of making repairs or improvements to the system, have the right to suspend temporarily the delivery of water. In all such cases, as reasonable notice thereof as circumstances will permit, will be given to the customer. Such repairs and improvements will be made as rapidly as may be practicable and at such times as will cause the least inconvenience to the customer. (Ord. 2062 § 4.06, 1969)

15.16.070 Installations of water service pipe.

Water service pipes running from the water main to the meter shall be installed by a licensed contractor with a right-of-way use permit. Upon installation of the service line, the city will install the appropriate water meter and meter box. The department of public works reserves the right to install both the service line and the meter. A water service pipe from the meter to the premises being served will be maintained by the property owner. In cases where a meter may be located a considerable distance from the main, the customer shall maintain the service pipe for the entire distance from the normally designated location of the water meter to the point of ultimate usage or consumption. (Ord. 3368 § 6 (part), 1993: Ord. 2653 § 1, 1982: Ord. 2062 § 4.07, 1969)

15.16.080 Access to water meter to be maintained.

A.  It is unlawful for any person owning or occupying any premises served by the city water system to permit the accumulation of dirt, debris, landscaping materials or vegetation over or around the water service meter, or to in any other manner obstruct physical or visual access to the meter for either repair, inspection or reading.

B.  If, following ten days’ notice from the city to do so, any such owner or occupant has failed to remove any landscaping, dirt, debris or other material or objects which obstruct the meter reader’s ability to read, inspect or repair the meter, then the city may cause to have such clearing work accomplished, and the cost therefor will appear on the water bill at the next regular billing period. If the cost is not then timely paid, water service may then be disconnected in the same manner as for any other nonpayment of a water consumption charge. (Ord. 2628 § 1, 1981)

15.16.090 Water consumption meters—Size requirements—Penalty for failure to install.

A.  Every customer connecting to the city water system shall provide for installation of a water consumption meter sized in accordance with the provisions of the Uniform Plumbing Code (Section 1009); provided, that no consumption meter shall be smaller than three-fourths-inch by five-eighths-inch.

B.  Every customer shall, upon request of the department of public works, provide for replacement of the water consumption meter with a larger water consumption meter, in accordance with subsection A above, whenever additional plumbing fixtures are added to the premises served, or water is withdrawn from the system through the meter in excess of the rated capacity of the existing water consumption meter. Failure to so install when required by the city pursuant to this section shall result in a discontinuance of water service. (Ord. 3368 § 6 (part), 1993: Ord. 2629 § 1, 1981)

Chapter 15.20
BILLING PROCEDURES

Sections:

15.20.010 Person billed.

15.20.020 Due date—Delinquency—Penalty.

15.20.030 Delinquency constitutes a lien.

15.20.040 Discontinuance of service not relief from payment.

15.20.050 Bimonthly billing.

15.20.010 Person billed.

Charges for refuse, water and sewer services furnished by the city shall be billed to the owner of the property to which the services are rendered; provided, that when the owner and tenant in possession, in writing, file with the city a request that the billing be sent to the tenant, the city manager acting through the director of finance may, at his discretion, grant such a request, subject to such reasonable conditions as he finds are appropriate. Notwithstanding to whom the billing is sent, the obligation for payment shall be the joint and several responsibility of the property owner and the tenant. (Ord. 3573 § 68, 1997: Ord. 3368 § 7 (part), 1993: Ord. 2942 § 1, 1986: Ord. 2062 § 5.01, 1969)

15.20.020 Due date—Delinquency—Penalty.

All charges for utility services furnished by the city shall be due and payable to the city on the date shown on the face of the bill. Charges for services remaining unpaid at the close of business on the thirtieth day following the billing date shall be considered delinquent and automatically subject to an additional charge, as a penalty, of ten percent of the delinquent amount. Payments will first be applied to the oldest delinquent charges. Remaining funds will be credited first against current charges from the garbage utility, then against current charges related to the sewer system, and then applied to current charges from the water utility. If the delinquent charges and penalties are still unpaid at the close of business on the fortieth day following the billing date, the services shall be discontinued and the water supply shall be turned off at the meter. The water service shall not be restored until all charges, penalties and fees shall have been paid. (Ord. 3368 § 7 (part), 1993: Ord. 3091 § 1, 1988: Ord. 2653 § 3, 1982: Ord. 2062 § 5.02, 1969)

15.20.030 Delinquency constitutes a lien.

All charges for water service installation and sewer installations and all monthly service rates provided for in this title, together with penalties and interest thereon, when unpaid and delinquent shall be a lien upon the property to which the water or sewer service is rendered superior to all other liens and encumbrances whatsoever except for general taxes and local special assessments. Enforcement of such lien or liens shall be in the manner provided by law. (Ord. 3368 § 7 (part), 1993: Ord. 2062 § 5.03, 1969)

15.20.040 Discontinuance of service not relief from payment.

Discontinuance of service for any cause stated in this chapter shall not release the customer from his obligation to the city for payment of bills or charges. In addition, before water service is restored to such property, the customer will be subject to the water turn-on fee as described in Section 15.14.050. (Ord. 3368 § 7 (part), 1993: Ord. 2062 § 5.04, 1969)

15.20.050 Bimonthly billing.

All charges for water services and for sewer services shall be billed to the customer by the city on a bimonthly billing cycle. Actual water consumption will be charged to the date of the meter reading. All charges for service will be from the beginning of one month to the end of the following month. All bills shall be paid to the department of finance. (Ord. 3573 § 69, 1997: Ord. 3368 § 7 (part), 1993: Ord. 2062 § 5.05, 1969)

Chapter 15.24
MONTHLY SERVICE AND CONSUMPTION RATES*

Sections:

15.24.010 Service rates established.

15.24.020 Monthly water rates.

15.24.030 Service to condominium.

15.24.040 Hydrant meter water usage rates.

15.24.050 Reduction for lost water.

15.24.060 Water service for fire protection only.

15.24.070 Monthly volume-based sewer rates.

15.24.080 Exempt meters—Nonresidential customers only.

15.24.100 Qualified senior citizen rate.

* For the statutory provisions regarding the rates that may be charged by a city and the factors that the city may consider when determining its fees, see RCW 35.67.020.

15.24.010 Service rates established.

The monthly service rates to be paid to the city by customers of the water-sewer system are established as set forth in this chapter. The basic or minimum rates for both water and sewer shall be charged whether the premises are occupied or vacant. (Ord. 3368 § 7 (part), 1993: Ord. 3238 § 2, 1990)

15.24.020 Monthly water rates.

The monthly water charge required to be paid to the city by customers of the water system is established in Table 15.24.020.

Table 15.24.020 (Effective 2007)
Customer Class	Rate
a. Single-family residential
(1) Basic charge (includes 200 cubic feet of water consumed)	$13.18
PLUS
(2) Water consumption charge – 201 cubic feet to 1,200 cubic feet	$3.15 per 100 cubic feet
PLUS
(3) Water consumption charge – over 1,200 cubic feet	$4.14 per 100 cubic feet
b. All other customers, including commercial and multifamily residential
	Meter Size (inches)	Rate
(1) Basic charge per size of meter	5/8 x 3/4	$12.12
	1	$20.84
	1-1/2	$33.12
	2	$53.14
	3	$150.95
	4	$208.50
	5	$269.61
	6	$356.96
	8	$531.68
PLUS
(2) Water consumption charge	$3.66 per 100 cubic feet of water consumed
PLUS
(3) Sprinkler consumption charge	$4.14 per 100 cubic feet of water consumed

Table 15.24.020 (Effective 2008)
Customer Class	Rate
a. Single-family residential
(1) Basic charge (includes 200 cubic feet of water consumed)	$14.43
PLUS
(2) Water consumption charge – 201 cubic feet to 1,200 cubic feet	$3.45 per 100 cubic feet
PLUS
(3) Water consumption charge – over 1,200 cubic feet	$4.53 per 100 cubic feet
b. All other customers, including commercial and multifamily residential
	Meter Size (inches)	Rate
(1) Basic charge per size of meter	5/8 x 3/4	$13.27
	1	$22.82
	1-1/2	$36.27
	2	$58.19
	3	$165.29
	4	$228.32
	5	$295.22
	6	$390.87
	8	$582.19
PLUS
(2) Water consumption charge	$4.01 per 100 cubic feet of water consumed
PLUS
(3) Sprinkler consumption charge	$4.53 per 100 cubic feet of water consumed

(Ord. 4068 § 1, 2006; Ord. 4066 § 1, 2006; Ord. 4012 § 1, 2005; Ord. 3851 § 1, 2002; Ord. 3804 § 1, 2001: Ord. 3788 § 2, 2001)

15.24.030 Service to condominium.

For the purposes of Chapters 15.20 and 15.24, “single-family residence” includes any condominium unit which is a dwelling and has a separate water meter. A “condominium unit” is a part of property which is governed by the Horizontal Property Regimes Act (RCW Chapter 64.32) or Condominium Act (RCW Chapter 64.34). If a condominium unit does not have a separate water meter, service charges will be billed to the person responsible for maintenance of the water service pipe from the water meter to the condominium unit or to the owner of another part of the property. (Ord. 3296 § 1, 1991)

15.24.040 Hydrant meter water usage rates.

The use of any fire hydrant for domestic use without a city-issued hydrant water meter is prohibited. A hydrant water meter may be obtained through the water department and is subject to the following fees:

Hydrant Meters
Deposits:
	3/4-inch		$450.00
	2-inch		$900.00
Water consumption rates:
	At the current sprinkler consumption charge and a monthly minimum fee of:
		3/4-inch	$5.00
		2-inch	$20.00
Water fill station permit:
	At the current sprinkler consumption charge with a $10.00 minimum.
The “current sprinkler consumption charge” is the rate set forth in Table 15.24.020.

(Ord. 3766 § 1, 2000: Ord. 3720 § 4, 1999: Ord. 3368 § 7 (part), 1993)

15.24.050 Reduction for lost water.

All water lost from any size meter unknown to the owner and proved to be a failure in the plumbing, may be charged out at current wholesale plus ten percent and the owner’s bill credited for the balance. (Ord. 3368 § 8 (part), 1993: Ord. 2129 § 1 (part), 1970: Ord. 2062 § 6.04, 1969)

15.24.060 Water service for fire protection only.

All water lines installed on private property for fire protection only do not require a meter and are not subject to monthly service charges, provided the installation is not used for any other use or purpose, and the installation was made at no expense to the city. (Ord. 2129 § 1 (part), 1970: Ord. 2062 § 6.05, 1969)

15.24.070 Monthly volume-based sewer rates.

(a) The monthly sewer charge required to be paid to the city by customers of the Kirkland sewer system is established in Table 15.24.070.

(b) Annually, the city will calculate each single-family residential customer’s average winter water consumption (“AWWC”). The resulting AWWC will be the basis for such customer’s monthly sewer rate for the following calendar year.

(c) The director of public works is authorized to adopt administrative procedures for the purpose of administering the provisions of this chapter, including the procedure for annual calculation of average winter water consumption.

Table 15.24.070 (Effective 2007)
Customer Class	Rate
a. Single-family residential
Basic charge	$36.86 for first 300 cubic feet of average winter water consumption (“AWWC”).
PLUS
Consumption charge	$2.97 per 100 cubic feet of AWWC beyond first 300 cubic feet.
b. Multifamily residential and commercial
Basic charge	$35.63 for first 600 cubic feet of water consumed.
PLUS
Consumption charge	$6.25 per 100 cubic feet of water consumed beyond first 600 cubic feet.

c. In special cases, single-family residents will be billed according to the following policies:
Special Case	Sewer Rate Policy
New homes	Billed only basic charge until use is established.
Changes in property ownership	Billed only basic charge until use is established.
Changes in tenancy	Billed only basic charge until use is established.
Non-water customers	Billed at system average.
Leak adjustments	Billed per adjusted winter volume. City will factor water leak adjustment into calculation for sewer rate.

Table 15.24.070 (Effective 2008)
Customer Class	Rate
a. Single-family residential
Basic charge	$38.27 for first 300 cubic feet of average winter water consumption (“AWWC”).
PLUS
Consumption charge	$3.44 per 100 cubic feet of AWWC beyond first 300 cubic feet.
b. Multifamily residential and commercial
Basic charge	$37.77 for first 600 cubic feet of water consumed.
PLUS
Consumption charge	$6.63 per 100 cubic feet of water consumed beyond first 600 cubic feet.

c. In special cases, single-family residents will be billed according to the following policies:
Special Case	Sewer Rate Policy
New homes	Billed only basic charge until use is established.
Changes in property ownership	Billed only basic charge until use is established.
Changes in tenancy	Billed only basic charge until use is established.
Non-water customers	Billed at system average.
Leak adjustments	Billed per adjusted winter volume. City will factor water leak adjustment into calculation for sewer rate.

(Ord. 4069 § 1, 2006; Ord. 4067 § 1, 2006; Ord. 4013 § 1, 2005; Ord. 3962 § 1, 2004; Ord. 3912 § 2, 2003)

15.24.080 Exempt meters—Nonresidential customers only.

(a) Where the use of water by a nonresidential customer is such that a portion of all of the water used does not flow into the sewer system, but is lost by evaporation, irrigation, sprinkling or other causes, or is used in manufacturing or in a manufacturer’s product, and the person in control provides proof of this fact to the satisfaction of the director of public works and installs other measuring devices approved by the city manager acting through the public works

director to measure the amount of water so used and so lost, no charge shall be made for sewer service because of water so used or lost.

(b) In addition to the above, the measuring devices (exempt or deduct meters) are subject to the following:

(1) Deduct meter readings are to be turned in bimonthly, in writing, to the city utility billing department on the fifteenth of each month. Written deduct meter readings shall be sent to:

The City of Kirkland

123 5th Ave.

Kirkland, WA 98033

Att: Utility Billing

(2) Deduct meters will be inspected twice annually on or about the first day of January and on or about the first day of July by the department of public works. The fee for each inspection shall be twenty-five dollars paid by the customer.

(3) The customer is responsible for reporting when a deduct meter has been damaged (the date) and when the meter is to be replaced or repaired. All repairs or replacement of the deduct meters shall be performed by a licensed contractor and the customer shall be responsible for all associated costs.

(4) Deduct meters shall be tested at least every five years or more frequently as determined by the director of public works. The customer is responsible for the testing cost. If the meter is not tested within one month of notice by the department of public works, the deduct meter will no longer be recognized by the utility billing department.

(5) Only meters certified by the department of public works shall be used as deduct meters. The water department shall keep a current list of acceptable meters.

(6) When it is necessary for city staff to read or inspect a deduct meter, the customer or a building representative shall be available to accompany city staff when entering the building. (Ord. 3368 § 8 (part), 1993: Ord. 3238 § 5, 1990: Ord. 2129 § 1, (part), 1970: Ord. 2062 § 6.07, 1969)

15.24.100 Qualified senior citizen rate.

(a) The water and wastewater user rates to be charged to a qualified low-income senior citizen single-family residential customer shall be:

(1) Water.

(A) Fifty percent of the basic charge (includes two hundred cubic feet of water consumed) as set forth in Table 15.24.020.

(B) Water consumption charge as set forth in Table 15.24.024.

(2) Sewer. Seventy-five percent of the single-family residential rate set forth in Table 15.24.070.

(b) For the purposes of this section, “qualified low-income senior citizen” means a person who meets the following qualifications:

(1) Resides in a single-family residential unit;

(2) Customer or spouse, if married, must be sixty-two years of age or older; and

(3) Gross income received by customer and spouse, if married, shall not exceed (from all sources of income), as to either single persons or married persons as the case may be, the annual low-income index generated by the county for use in federal housing and community development block grant programs in the county.

(c) Proof of qualification, including verification of gross income level, shall be made by affidavit of qualification signed under oath by the senior citizen customer and then filed with the city. The affidavit of qualification form shall be furnished by the city. The city, in its discretion, may also require the senior citizen customer to provide copies of his or her Social Security benefits statement and federal income tax return for the previous year. In addition, the city, in its discretion, may require any customer paying the qualified senior citizen rate to produce updated proof of qualification at any time in accordance with the provisions of this subsection. A customer paying the qualified senior citizen rate must promptly notify the city if the customer no longer meets the criteria for receiving the qualified senior citizen rate.

(d) A single-family residential customer who is either disabled or blind, according to Social Security criteria, and who also meets the qualification of subparagraphs (1) and (3) of subsection (b) of this section shall for the purposes of this section be a qualified senior citizen customer.

(e) A single-family residential customer who requires home kidney dialysis treatment, as certified by a recognized kidney center, and who also meets the qualifications of subparagraphs (1) and (3) of subsection (b) of this section shall for the purposes of this section be a qualified senior citizen customer. (Ord. 3766 § 5, 2000: Ord. 3515 § 2, 1995: Ord. 3295 § 3, 1991: Ord. 3248 § 1, 1991: Ord. 3198 § 1, 1989)

Chapter 15.28
SIDE SEWERS—CONSTRUCTION,
REPAIR AND CONNECTION

Sections:

15.28.010 Connection required.

15.28.020 Connection notice—Noncompliance—Costs charged to owner.

15.28.040 Connection—Compliance and permit required.

15.28.050 Connection permit—Application—Contents—Approval.

15.28.060 Connection—Ascertainment of permit possession.

15.28.070 Construction inside property line—Permit required—Leaving excavation unguarded.

15.28.080 Permit—Only specified work to be done.

15.28.100 Permits—Term—Renewal.

15.28.110 Permit fees—Use.

15.28.120 Permit card—Posting required.

15.28.130 Inspections.

15.28.135 Side sewer ownership.

15.28.140 Filling trenches and covering sewer—Inspection prerequisite.

15.28.150 Backfilling excavations.

15.28.160 Contractor noncompliance—Notice—Costs charged to contractor.

15.28.170 Side sewer—Nonconforming or dangerous—Failure to construct or repair—Notice.

15.28.180 Installation, construction and maintenance costs borne by owner.

15.28.190 Existing side sewer—Use—Approval.

15.28.200 Lifting house drain—Backups—Backwater sewage valve.

15.28.210 Grades—Cover—Diameter—Vaults and privies.

15.28.220 Downspouts.

15.28.230 Easements.

15.28.240 Materials and workmanship—Excavations.

15.28.242 Materials.

15.28.250 Disturbing sewer systems unlawful.

15.28.260 Excavations—Protection.

15.28.270 Restoration of streets and sidewalks.

15.28.280 Inspections—Authority.

15.28.290 Rules and regulations.

15.28.010 Connection required.

(a) The owner or occupant of any lands or premises shall connect all buildings located thereon to the nearest accessible public sewer whenever there is a public sewer within three hundred thirty feet as measured along the public right-of-way or easements thereof, as follows:

1.  Existing buildings must connect if:

A.  Single-family dwellings:

(1) Replacement of existing septic tank or drainfield is necessary;

(2) Additional construction is proposed that adds sewage load or in any way affects on-site sewage disposal; and in either case

(3) Any portion of the property is within three hundred thirty feet of a public sewer.

Concomitant agreements providing for future connection to the sanitary sewer system will be required for any permits issued for property meeting either (1) or (2) above, but lying outside the distance limits specified in paragraph (3) above.

B.  Multifamily dwellings and nonresidential buildings must connect if:

(1) Replacement of septic tank or drainfield is necessary; or

(2) Additional construction is proposed that adds sewage load or in any way affects on-site sewage disposal; and

(3) Any portion of the property is within six hundred sixty feet of a public sewer line.

Concomitant agreements providing for future connection to the sanitary sewer system will be required for any permits issued for property meeting either (1) or (2) above, but lying outside the distance limits specified in paragraph (3) above.

C.  Notwithstanding any of the above, existing developments shall connect when a health hazard is found to exist within the neighborhood, as determined by the county health department, city of Kirkland, or other agency with jurisdiction.

2.  New developments, buildings or structures:

A.  Single-family dwellings on an existing lot or a new lot created by a short subdivision must connect if the lot size is less than thirty-five thousand square feet and the lot is located within three hundred thirty feet of a sanitary sewer.

B.  Notwithstanding any of the above, on-site disposal in lieu of connection shall be granted only

upon written approval of the King County health department, the city of Kirkland, or other agency having jurisdiction, and a concomitant agreement providing for future connection to the sanitary sewer has been signed and delivered to the city.

C.  The following land development actions shall require connection to the public sewer system regardless of the distance of the land from the public sewer: short subdivision, subdivision, multifamily construction, or nonresidential construction, unless sewer connection is exempted by subsection 2.A above.

3.  The city engineer shall prescribe the manner in which such connection shall be made.

(b) No drain or sewer shall be constructed so as to discharge upon the surface of any public area. (Ord. 3368 § 10 (part), 1993: Ord. 3252 § 1, 1991; Ord. 3203 § 1, 1990; Ord. 3020 § 2, 1987: Ord. 874 § 3.0, 1962)

15.28.020 Connection notice—Noncompliance—Costs charged to owner.

(a) Whenever any land, buildings or premises is required to be connected with a public sewer or otherwise drained, as provided in Section 15.28.010, the King County health officer shall serve upon the owner, agent, or occupant of the lands, buildings or premises, a notice in writing specifying the time within which such connection must be made, which time shall not be more than sixty days from the date of delivery of such notice.

(b) If such owner, agent or occupant fails and neglects or refuses to connect the lands, buildings or premises with the public sewer within the specified time, the health officer shall notify the city engineer, whereupon the city engineer may make such connection and the cost thereof shall be charged to the owner, agent or occupant and a bill showing the amount thereof mailed or delivered to him or posted upon the premises, whereupon the amount shall immediately be paid to the city treasurer. (Ord. 3368, § 10 (part), 1993: Ord. 874 § 4.0, 1962)

15.28.040 Connection—Compliance and permit required.

(a) It is unlawful to make any connection with any public or private sewer, drain or natural outlet without complying with all the provisions of this chapter and Chapter 15.36 in relation thereto and having a permit to do so from the city.

(b) If side sewer work is required in a public right-of-way or easement but outside of the property it serves, the city shall not issue a side sewer permit to any person unless such person holds a valid Washington State plumber’s certificate or permit, issued pursuant to Chapter 18.106, Revised Code of Washington, or a general contractor licensed under the state of Washington.

(c) No licensed contractor shall break, alter or tamper with any public sewer, provided, however, he may connect to a “Y” or “T” under the supervision and approval of the city engineer. (Ord. 3368 § 10 (part), 1993: Ord. 2718 § 1, 1982: Ord. 874 § 6.0, 1962)

15.28.050 Connection permit—Application—Contents—Approval.

(a) Application for the permit required by Section 15.28.040 shall be filed with the city engineer stating the name of the owner, the correct address and legal description of the property to be served, dimensions and locations of any buildings on the property and the whole course of the drain from the public sewer or other outlet to its connection with the building or property to be served. The application shall be submitted to the city engineer for approval, who may change or modify the same and designate the manner and place in which such sewers shall be connected with the public sewer, may also specify the material, size and grade of such sewer, and shall endorse his approval upon the application if the same is acceptable to him. The city engineer will require the permittee to furnish him plans pertaining to the application and issuance of the permit.

(b) Upon approval of the application, the city engineer shall issue for his records a sewer plat showing the size and location of the public sewer, the point of connection, the location of any buildings on the lot, and such other information as may be available and required.

(c) Upon approval of the application and issuance or the permit it shall be unlawful to alter or to do any other work than as provided for in the permit.

(d) The city engineer shall prepare and keep on file in his office all cards and records of sewer connections showing the information obtained in the course of inspection of completed work done under the permit. (Ord. 874 § 7.0, 1962)

15.28.060 Connection—Ascertainment of permit possession.

Any employee of the city shall have the authority when finding any person breaking ground for the purpose of making connection with a public or private sewer or drain, to ascertain if such person has a permit therefor, and, if not, to immediately report the fact to the city engineer. (Ord. 3086 § 9, 1988: Ord. 874 § 8.0, 1962)

15.28.070 Construction inside property line—Permit required—Leaving excavation unguarded.

(a) It is unlawful to construct, extend, relay, repair or to make connection to any sanitary sewer or drain inside any real property without obtaining a permit from the city engineer as provided in Section 15.28.040. The city engineer may issue such permit to the owner or occupant of any property to construct, extend, relay, repair or make connection to any private sanitary sewer inside the property lines; provided, such owner or occupant shall comply with the applicable provisions of this chapter and Chapter 15.36, except that he need not employ a licensed side sewer contractor to do the work, such contractor shall take the permit in his own name and the owner, occupant or other person shall lay no pipe on the contractor’s permit.

(b) It is unlawful to leave unguarded any excavation made in connection with the construction or repair of any side sewer within four feet of any public place or to fail to maintain the lateral support of any public place in connection with the construction, alteration or repair of any side sewer or drain. In any case, no excavation on private property or within public right-of-way or easements shall be left open (not backfilled) over night. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 9.0, 1962)

15.28.080 Permit—Only specified work to be done.

When a permit has been issued for a side sewer as herein provided, no work other than that covered by the permit, shall be done without the approval of the city engineer; and he may, if he determines the addition works of sufficient consequence require a new permit to cover the same. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 10.0, 1962)

15.28.100 Permits—Term—Renewal.

No permit issued under this chapter shall be valid for a longer period than one year unless extended or renewed by the city engineer upon application therefor prior to expiration. Failure to renew the permit prior to expiration thereof shall require the payment of a new permit fee. (Ord. 3086 § 11, 1988: Ord. 874 § 12.0, 1962)

15.28.110 Permits fee—Use.

The fee for side sewer permits as required under Section 15.28.040 to install and connect a newly constructed side sewer is established at three hundred twenty five dollars effective May 1, 2005, and four hundred dollars effective March 1, 2006. Such fee shall cover all cost and expenses of inspection by the city as may be required by this chapter and Chapter 15.36. The fee for a permit to repair an existing side sewer, or to witness the capping of an existing side sewer, or witness the abandonment of an existing septic tank is established at fifty-five dollars. (Ord. 3987 § 4, 2005: Ord. 3675 § 1 (part), 1998: Ord. 3368 § 10 (part), 1993: Ord. 2639 § 1, 1981: Ord. 2586 § 2, 1981: Ord. 933 § 1, 1964: Ord. 874 § 13.0, 1962)

15.28.120 Permit card—Posting required.

The permit card required by this chapter and obtained with the side sewer permit must at all times during the performance of the work, and until the completion thereof and approval by the city engineer, be posted in some conspicuous place at or near the work and must be readily and safely accessible to the city engineer. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 14.0, 1962)

15.28.130 Inspections.

(a) Any person performing work under permit pursuant to the provisions of this chapter shall notify the city engineer when the work will be ready for inspection, and shall specify in such notification the location of the premises by address and the file number of the permit.

(b) Forty-eight hours notice plus Saturday, Sunday and holidays may be required by the city engineer on any request for inspection.

(c) If the city engineer finds the work or material used is not in accordance with this chapter, the public works standards and Chapter 15.36, he shall notify the person doing the work, and also the owner of the premises, by posting a written notice on the permit card, and such posted notice shall be all the notice that is required to be given of the defects in the work or material found in such inspection.

(d) In the case of a licensed side sewer contractor, either the contractor or a competent representative shall be on the premises, whenever so directed to meet the inspector. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 15.0, 1962)

15.28.135 Side sewer ownership.

It shall be the responsibility of the property owner to own and maintain the side sewer from the connection at the main to the building. In the event that more than one property is served by a single side sewer, it shall be the responsibility of all property owners using the side sewer to jointly maintain that portion of the side sewer serving more than one property.

In any case where a jointly maintained side sewer line is approved by the city engineer, a joint maintenance agreement supplied by the department of public works shall be recorded with the King County assessors office prior to issuance of any side sewer permits for the subject properties. (Ord. 3368 § 11, 1993)

15.28.140 Filling trenches and covering sewer—Inspection prerequisite.

No trench shall be filled nor any sewer covered until the work shall have been inspected and approved by the city engineer. (Ord. 874 § 16.0, 1962)

15.28.150 Backfilling excavations.

All work within the limits of any public area shall be carried on to completion with due diligence, and if any excavation is left open beyond a time reasonably necessary to fill the same, the city engineer may cause the same to be backfilled and the public area restored forthwith, and any cost incurred in such work shall be charged to the side sewer contractor in charge of such work and shall be immediately payable to the city treasurer by the contractor upon written notification of the amount thereof given to the contractor or posted at the location. (Ord. 874 § 17.0, 1962)

15.28.160 Contractor noncompliance—Notice—Costs charged to contractor.

If any work done under a permit is not done in accordance with the provisions of this chapter and Chapter 15.36 and the plans and specifications as approved by the city engineer, and if the contractor or person doing the work refuses to properly construct and complete such work, notice of such failure or refusal shall be given to the owner or occupant of the property for whom said work is being done, and the city engineer may cause the work to be completed and the sewer connected in the proper manner, and the cost of such work and any materials necessary therefor shall be charged to the owner or contractor and be payable by the owner or contractor immediately upon the city engineer’s giving written notice of the amount thereof or posting a notice thereof on the premises. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 18.0, 1962)

15.28.170 Side sewer—Nonconforming or dangerous—Failure to construct or repair—Notice.

When any side sewer is constructed, laid, connected or repaired, and does not comply with the provisions of this chapter and Chapter 15.36, or where it is determined by the health officer or the city engineer that a side sewer, storm drain, septic drain field, ditch, or natural watercourse is obstructed, broken, or inadequate or is a menace to health or threatens to cause damage to public or private property, the King County health officer and/or the city engineer shall give notice to the owner, agent or occupant of the property in which such condition exists and if he refuses to reconstruct, relay, reconnect, repair or remove the obstruction of the side sewer, storm drain, septic drain field, ditch or natural watercourse within the time specified in such notice, the King County health officer shall so notify the city engineer and the city engineer may perform such work as may be necessary to comply with this chapter and Chapter 15.36, and the cost of such work so done shall be charged to the property owner or occupant and shall be come immediately payable to the city treasurer upon written notice of such amount being given to the property owner or occupant or posted upon the premises. (Ord. 3368 § 10 (part), 1993: Ord. 874 § 19.0, 1962)

15.28.180 Installation, construction and maintenance costs borne by owner.

All costs and expenses incidental to the installation and connection and maintenance of a side sewer shall be borne by the owner or occupant of the premises served by the side sewer. (Ord. 874 § 20.0, 1962)

15.28.190 Existing side sewer—Use—Approval.

The use of an existing side sewer may be permitted when approved by the city engineer as conforming to all requirements of this chapter and Chapter 15.36 for a new or converted building or new installation replacing an old one. (Ord. 874 § 21.0, 1962)

15.28.200 Lifting house drain—Backups—Backwater sewage valve.

(a) In any building, structure or premises in which a house drain or other drainage is too low to permit gravity flow to the public sewer the same shall be lifted by artificial means and discharged in the public sewer.

(b) Whenever a situation exists involving an unusual danger of backups the city engineer may prescribe a minimum elevation at which the house drain may be discharged into the public sewer. drains or sewers below such minimum elevation shall be lifted by artificial means and if directed by the city engineer a backwater sewage valve be installed. The effective operation of the backwater sewage valve shall be the responsibility of the owner of the sewer or drain. Approval of a backwater sewage valve shall be made only upon the applicant’s agreeing to save the city harmless from all damage resulting therefrom in a form acceptable to the city attorney and a copy of the recorded document shall be provided to the city. (Ord. 3086 § 12, 1988: Ord. 874 § 22.0, 1962)

15.28.210 Grades—Cover—Diameter—Vault and privies.

(a) All side sewers shall be laid on a not less than two percent grade; shall be at least thirty inches from any foundation wall of any building, and, if there be no foundation wall, at least thirty inches from the outer line of any footings, pilings, or building supports; shall have at least sixty inches of cover at the curb line or any public alley, thirty inches of cover at the property line and eighteen inches of cover on the private property. A side sewer which is laid generally parallel to the curb or curb line shall have at least forty-eight inches of cover unless approved by the city engineer. All side sewer shall be at least six inches in diameter in public areas except as otherwise specified in the “Standard Plans and Specifications of the City of Kirkland.” Not more than one building shall be connected to a side sewer except by permission of the city engineer and the written agreement of all owners using the same s