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(1) Each residential, commercial, industrial and RV hookup connected to the Clallam Bay Sekiu wastewater collection, treatment and disposal system shall be charged a monthly customer charge per the table found in CCC 13.04.030(6)(d). ERU factor is determined by CCC 13.04.030(6)(d), Table 1.

(2) Residential Accounts. For residential use properties such as single-family dwellings, residential complex, and RV hookups, the monthly user fee shall be as follows:

(a) Metered water supply:

(i) Base rate: $51 per ERU.

(ii) Consumption rate: $7 per 100 cubic feet of monthly water use over 700 cubic feet per month.

(b) Unmetered Water Supply. For those accounts with an unmetered water supply the monthly user fee shall be $58.80 per ERU.

(3) Commercial Use Accounts. For commercial use properties served by a single water meter, including wholesale accounts, the user fee shall be as follows:

(a) Metered water supply:

(i) Base rate: $56.50 per ERU.

(ii) Consumption rate: $7 per 100 cubic feet of monthly water use over 700 cubic feet per month.

(b) Unmetered Water Supply. For those accounts with an unmetered water supply the monthly user fee shall be $58.80 per equivalent residential unit.

(4) All properties shall be charged the monthly base rate established in subsections (2) and (3) of this section starting from the first full month after the date of approval of the associated sewer permit. Usage charges shall go into effect from the date of the approval to cover the side sewer by the County Inspector.

(5) Installation of Water Meters.

(a) Property owners with nonconsumptive water use (water use such as irrigation that does not result in wastewater being discharged into the sewer system) may at their expense install separate meters for such nonconsumptive use. Metered nonconsumptive use shall not be used to determine the user fees described in this section. Installation of such meters shall be per the standard of the local utility district. Before installation of nonconsumptive flow meters, property owners shall provide the Director the plumbing details and any other information deemed necessary by the Director, sufficient to demonstrate that the nonconsumptive uses is separate from the consumptive use.

(6) Liens Authorized for Nonpayment of User Fees.

(a) To the extent provided by RCW 36.94.150, the delinquent utility charges shall become a lien upon the real property to which the utility services have been provided. The lien shall include those amounts (including the maximum penalty amount and interest rate) provided for under RCW 36.94.150. User fees shall become “delinquent” for the purposes of this section when such fees remain unpaid for 90 days as measured from the date of the bill or invoice which notified the customer of the amount owed by that customer, or when such user fees greater than or equal to $300 remain unpaid for 30 days as measured from the date of the bill or invoice which notified the customer of the amount owed by that user.

(b) The Department shall certify periodically the delinquencies to the auditor of the County at which time the lien shall attach.

(c) The County may, at the County’s sole discretion, file and record a notice of such lien with the office of the County Auditor.

(d) Upon the expiration of 60 days after the attachment of the lien, the County may bring suit in foreclosure by civil action in the Superior Court of the County where the property is located. Costs associated with the foreclosure of the lien, including but not limited to advertising, title report, and personnel costs, shall be added to the lien upon filing of the foreclosure action. In addition to the costs and disbursements provided by statute, the court may allow the County a reasonable attorney’s fee. The lien shall be foreclosed in the same manner as the foreclosure of real property tax liens.

(e) The lien shall have priority over all other liens and interest in the real property to the extent provided by the laws of the State.

(f) Upon payment of all delinquent fees, the County shall notify the property owner of the release of lien. If the lien has been filed with the auditor, the County will file the release of lien with the County Auditor.

(g) Upon written proof of economic hardship provided to the Director and sworn to under penalty of perjury pursuant to the laws of this State, the Director may waive and remove any penalty amount and interest accrued from an amount owed the County having the status of “delinquent.”

(h) After not less than two years of usage by a particular customer and timely payments, that customer may seek from the Director to pay the same amount each month (“level payments”) for the next 12 months after the request is made in writing to the Director. The level payment amount to be paid by the customer requesting such payments shall be computed as follows: 110 percent of the total amount of the last 12 bills generated prior to the request for level bills divided by 12, rounded to the next highest dollar. For successive years, the computation will be made annually based on 110 percent of what the bills would have been for the 12 prior months if a level payment plan had not been in place.