13.04.130: WATER AND WASTEWATER USER FEES:
   A.   Water User Fees: The owner or owner's agent of all property connected to the municipal water system under the terms of this chapter shall be assessed and shall pay monthly user fees beginning at the time of connection, as follows:
      1.   Base Water Fee: The base water fee is intended to cover the fixed costs of the operation, maintenance and expansion of the municipal water system generally attributable to indoor potable water usage, which shall be twenty five percent (25%) of the water department budget. Except as otherwise provided in subsection E of this section, the monthly base fee shall be assessed to each property served by a service connection. The monthly base fee shall be calculated by dividing twenty five percent (25%) of the water department budget by the "number of water users" and by twelve (12), and as adopted by city council resolution. The "number of water users" is equivalent to the number of service connections in the city, less the number of service connections to multiple-family dwellings, plus the number of dwelling units in multiple-family dwellings on a property.
      2.   Metered Water Fee: The metered water fee is intended to cover the variable costs of the operation, maintenance and expansion of the municipal water system, generally attributable to outdoor irrigation water usage, which shall be seventy five percent (75%) of the water department budget. Except as otherwise provided in subsection E of this section, the monthly metered water fee shall be assessed to each property served by a service connection. Except as otherwise provided in subsection E of this section, the monthly metered water fee shall be calculated based upon the usage of water measured by each service connection, and as adopted by city council resolution. The metered water fees shall be based on a sliding scale which assesses a proportionally greater cost per one thousand (1,000) gallons of water as more water is used by a property.
      3.   Bond Payment Fee: The monthly bond payment is intended to cover the cost of bond and note retirement costs which are the legal indebtedness the city is obligated to retire on a set schedule. The monthly water bond payment is determined by taking the bond and note retirement costs and dividing by the "number of water users" utilizing the system during the twelve (12) month period. The "number of water users" is equivalent to the number of service connections in the city, less the number of service connections to multiple-family dwellings, plus the number of dwelling units in multiple-family dwellings on a property. Except as otherwise provided in subsection E of this section, the monthly bond payment fee shall be assessed to each property. Bond payment fees will continue even if water services are discontinued at any point.
      4.   Irrigation Fee: The monthly metered irrigation fee shall be assessed to each property with a separate irrigation account based upon the amount of water used during one billing period.
      5.   Fill Spout Fee: A fill spout permit shall be obtained for any water used at a fill spout owned or operated by the city. The fee for use shall be adopted by city council resolution.
   B.   Wastewater User Fees: Except as otherwise provided in subsection B4 of this section, the owner or owner's agent of all property connected to the municipal wastewater system under the terms of this chapter shall be assessed and shall pay monthly user fees beginning at the time of connection, as follows:
      1.   Metered Wastewater Fee: The metered wastewater fee is intended to cover all costs of the operation and maintenance costs of the municipal wastewater system. Except as otherwise provided in subsection E of this section, the monthly metered wastewater charge shall be assessed to each property served by a service connection. The monthly metered wastewater fee shall be based upon the average amount of water used by a property or a dwelling unit in a multiple- family dwelling on a property, as the case may be, between November 1 and March 31, using rates adopted by city council resolution. On an annual basis, the monthly metered wastewater fee shall be adjusted based upon such average use of water used by each property or a multiple-family dwelling, as the case may be, between November 1 and March 31 of the following year, except as provided under subsection D of this section.
      2.   New Account Or Seasonal User Fee: Effective January 1, 2015, except as otherwise provided herein:
         a.   A new wastewater user, whose winter water use at the user's property has not been established under subsection B1 of this section, shall be charged the monthly wastewater fee as follows, until the metered wastewater fee can be established pursuant to subsection B1 of this section:
            (1)   For wastewater service connected between April 1 and October 31, the fee shall be based on water usage of four thousand (4,000) gallons per month; and
            (2)   For wastewater service connected between November 1 and March 31 the fee shall be as described in 2.a.(1) until two full and consecutive months of winter usage, at which time the wastewater fee will be recalculated based upon the average usage in those two full and consecutive winter months;
            (3)   For non-residential wastewater users only, the rate established by 2.a.(2), shall be applied retroactively to the account as of the original connection date, and the account shall be adjusted for any difference between the rate established by 2.a.(1) and the rate calculated under 2.a.(2).
            (4)   For any new wastewater service connection with a corresponding water service connection other than ¾", the four thousand (4,000) gallon per month fee calculation established herein shall be increased pursuant to the multiples shown in 13.04.140:D.
         b.   A seasonal wastewater user, who does not have any winter water use but has a history of prior water use, shall pay a monthly charge based on an average monthly water usage on the property during the prior season of use, including irrigation use, if any, and nonirrigation use; and
         c.   A seasonal wastewater user, who does not have any winter water use and does not have a history of prior water use, shall pay a monthly charge based on total water usage during the initial two (2) months of use.
         d.   Upon request by the wastewater user, the metered wastewater fee for those properties identified as having a separate metered irrigation system shall be based on the average water use measured by a meter for nonirrigation water during two (2) full months of water use until the metered wastewater fee can be established pursuant to subsection B1 of this section. In the event average water usage measured by a meter for nonirrigation water is more than four thousand (4,000) gallons per month, the wastewater user shall pay the difference for the two (2) month period. In the event average water usage measured by a meter for nonirrigation water is less than four thousand (4,000) gallons per month, the wastewater user shall be entitled to a credit for the difference for the two (2) month period.
         e.   Upon request by the wastewater user, the metered wastewater fee for seasonal wastewater users with separate meters for irrigation and nonirrigation water shall be based on the average water use measured by a meter for nonirrigation water during the first two (2) full months of water use in the first year of separate metering. For every year thereafter, the metered wastewater fee for seasonal wastewater users shall be based on the average water use for nonirrigation water during the previous season.
      3.   Bond Payment Fee: The monthly bond payment is intended to cover the cost of bond and note retirement costs which are the legal indebtedness the city is obligated to retire on a set schedule. Except as otherwise provided in subsection E of this section, the monthly wastewater bond payment fee shall be assessed to each property served by a service connection. The monthly bond payment fee shall be based upon the average amount of water used by a property or a dwelling unit in a multiple-family dwelling on a property, as the case may be, between November 1 and March 31 of the following year and as adopted by city council resolution. On an annual basis, the monthly wastewater bond payment fee shall be adjusted based upon such average use of water used by each property or a multiple-family dwelling, as the case may be, between November 1 and March 31 of the following year, except as provided under subsection D of this section. Bond payment fees as adopted by city council resolution will continue even if sewer services are discontinued at any point.
      4.   Exception For New Construction: Wastewater user fees shall not be assessed until the issuance of a certificate of occupancy for new construction.
   C.   Reduction In Water User Base Fees And Wastewater Metered And Bond Fees: A reduced monthly water user base fee described in subsection A1 of this section and wastewater metered and bond fees described in subsections B1 and B3 of this section may be assessed upon proper application to the city clerk for residences occupied by persons qualifying under the Blaine County assessor's office for reduction in property tax rates shall have a reduced fee as adopted by city council resolution.
   D.   Reduction In Metered Water And Wastewater Fees:
      1.   Leak In Private Water Service Line Or Within Building:
         a.   Notice Of Leak: In the event a leak is discovered in a private water service line or in a private water service line in a building and the city is notified of the leak or the city notifies the water user of the leak, the metered water fee and the metered wastewater fee shall be eligible for a credit for a period beginning thirty (30) days before the city is notified or the city sends notification, until sixty (60) days following notification (the "credit period"), provided the leak is repaired during the ninety (90) day period following notification, except as otherwise provided herein. If the leak is not repaired during the sixty (60) day period following notification, the water user shall not be entitled to any reduction in the metered water fee and the metered wastewater fee, and the water and wastewater metered fee shall be calculated as set forth in subsections A2 and B2 of this section, except as otherwise provided herein. If the leak is repaired during the first thirty (30) days following notification, the metered water fee and the metered wastewater fee during the credit period shall be calculated based on the water user's water usage during the same period of the previous year, or the actual metered quantity, whichever is less. If the leak is repaired between thirty (30) days and sixty (60) days following notification, the metered water fee and metered wastewater fee during the credit period shall be based on the following:
         [(the actual metered usage) - (the water user's water usage during the same period of the previous year)] x 50%, or the actual metered quantity, whichever is more.
         b.   Notice Of Repair: No credit will be issued for notification of leak repairs or requests for fee adjustments that are submitted to the city after one hundred eighty (180) days from the date that the leak was repaired. The water user has the burden to notify the city when the leak is repaired.
         c.   Exceptions:
            (1)   If a leak is discovered in a private water service line between December 1 and April 15 of the following year, or within an irrigation system which is winterized within 30 days after discovery and before the leak can be repaired, the thirty (30) and sixty (60) day periods described to repair a leak in Section D.1.a. shall begin on April 15 and the credit period, as defined above, shall be modified so that the credit period begins thirty (30) days before the city is notified or the city sends notification, until June 14.
            (2)   If a leak is discovered in a private water service line between November 1 and March 31, the wastewater fee will be adjusted to reflect the metered water fee adjustment. The adjusted water fee shall be calculated as set forth in subsections B1 and B3 of this section. The water user shall receive a wastewater fee credit for the months following March 31 that the unadjusted wastewater rate was charged.
         d.   Limitations: A maximum of two (2) water or wastewater fee credits shall be issued within a twelve (12) month period.
      2.   Provision Of Water To Neighboring Water User: In the event water service is disrupted to a water user based on a frozen private water service line between December 1 and April 15 of the following year, and a water user provides water from the municipal water system to the water user whose water service was disrupted following notification to the city, the metered water fee and metered wastewater fee to be charged to the water user who provides water for the period of time between the date of notification and the date water is no longer provided to the water user whose water service was disrupted (which shall not extend beyond April 15) shall be based on the water usage by the water user whose water service was disrupted during same period of the previous year, or a water usage of four thousand (4,000) gallons per month, whichever is less. In such a case, the metered water fee and the metered wastewater fee to be charged to the water user whose water service was disrupted shall be based on the water user's water usage during the same period of the previous year or on a water usage of four thousand (4,000) gallons per month, whichever is less.
      3.   Freeze Protection: Subject to the requirements set forth herein, in the event water is required to continually or intermittently run to prevent frozen pipes in a private water service line between November 1 and March 31 of the following year and if the city is notified in advance of the continual or intermittent use of water, the metered wastewater fee for the period of time between the date of notification and date water was not continually or intermittently run shall be based on the water user's water usage as metered or four thousand (4,000) gallons per month, whichever is less. A request for water service freeze protection form must be submitted to the city as notification each year. A prior year's approval does not constitute as an approval or adequate notification for any subsequent year. The owner shall not run the freeze protection water into the wastewater system and shall provide proof satisfactory to the city that water is not run into the wastewater system. If the owner does not provide notification of the need to run water for freeze protection and proof that the water, which is continually or intermittently run, is not discharged into the wastewater system, then there shall be no adjustment of the metered wastewater fee. The provisions allowing for a reduction of wastewater fees for freeze protection do not relieve an owner from paying for the water used for freeze protection.
   E.   Calculating Multiple-Family Dwelling Water And Wastewater User Fees: Each multiple-family dwelling unit shall be assessed water and wastewater fees in the following manner:
      1.   Water User Fees: To calculate the metered water fee for multiple-family dwellings, the total number of gallons used each month by a multiple-family dwelling that does not meter each dwelling unit individually shall be divided by the number of dwelling units within a multiple-family dwelling to determine an average usage per dwelling unit. The metered user fee shall then be calculated based on the average usage per dwelling unit. The sum of the metered user fee for all the dwelling units within all of the multiple-family dwellings on a property shall be assessed to the property owner or owner's agent. The monthly user base and bond fee shall be charged for each dwelling unit within all of the multiple-family dwellings on a property and assessed to the property owner or owner's agent.
      2.   Wastewater User Fees: To calculate the wastewater fee for multiple-family dwellings, the total number of gallons used each month, as determined by subsection B of this section, for a multiple-family dwelling that does not meter each dwelling unit individually shall be divided by the number of dwelling units within a multiple-family dwelling to determine an average usage per dwelling unit. The metered user and bond fees shall then be calculated based on the average usage per dwelling unit. The sum of the metered user and bond fees for all the dwelling units within all of the multiple-family dwellings on a property shall be assessed to the property owner or owner's agent.
   F.   Calculating Community Irrigation System Water User Fees: If a property is supplied irrigation water through a community irrigation system in lieu of supplying the same water through an individually metered connection that is billed consistent with the provisions of this chapter, then the community irrigation system water user fee should be assessed in the following manner:
      1.   To calculate the metered water fee for community irrigation systems, the total number of gallons used each month shall be divided by the number of properties served to determine an average usage per property. The metered user fee shall then be calculated based on the average usage per property. The sum of the metered user fees for all of the properties within the community irrigation system shall be assessed to the community system in a single lump sum amount. The monthly user base and bond fee shall not be charged because those fees are already accounted for in the individually metered connections.
   G.   Calculating City Park Water Fees: City park water fees shall be assessed in the following manner:
      1.   Water Fees: To calculate the metered water fee for a City park, the total number of gallons used each month by a City park shall be divided by the maximum number of potential dwelling units (if hypothetically developed for residential use), based on adjacent zoning district minimum lot size, less a forty percent (40%) infrastructure area deduction, to determine an average usage per potential dwelling unit, to be referred to as a "park unit". The metered user fee shall then be calculated based on the average usage per park unit. A park unit calculation shall be determined, at the sole discretion of the Hailey Public Works Director. The sum of the metered user fee for all park units within each park shall be assessed to the property owner. The monthly user base and bond fee shall be charged for each park unit within a park property and assessed to the property owner. (Ord. 1273 § 1, 2020; Ord. 1246, 2019; Ord. 1237, 2018; Ord. 1189, 2015; Ord. 1188, 2015; Ord. 1162, 2014; Ord. 1153, 2014; Ord. 1145, 2014; Ord. 1139, 2013; Ord. 1094 §§ 1, 2, 2011; Ord. 1091 §§ 1 - 3, 2011; Ord. 1085 §§ 1 - 3, 2011; Ord. 1078 § 1, 2010; Ord. 1073 §§ 1, 2, 2010)