Chapter 13.04
WATER RATES AND REGULATIONS
Sections:
13.04.020 Water service deposits.
13.04.030 Water month designated.
13.04.040 Discontinuance of water use--Refunds.
13.04.050 Payment due date--Delinquent charges and reconnection fees for an existing water service.
13.04.070 Dates redefined by finance director.
13.04.080 New water service connections--Fees.
13.04.090 Water connection outside city.
13.04.110 Water use from fire hydrants.
13.04.120 Unpaid accounts--Termination of service.
13.04.130 Property liens--Collections.
13.04.150 Water cut-off by city.
13.04.160 Authorization to adopt water curtailment plan.
13.04.010 Water rates.
A. Water rates, which are adopted by resolution, are based on a cost of service structure and are defined by the following categories: residential, commercial and standby, and irrigation. Special rate considerations are also established for Jackson County Expo, hardship discounts, and an outside city factor.
Water rates will generally include the following: a monthly fixed base charge, a fixed monthly repair and replacement fee, and usage rates based on consumption. Rates are also defined by meter size or number of residential units and water usage rates are based on an inclining scale.
B. Any amount of water used shall be paid for at the rate specified in the schedule above per one hundred cubic feet or fraction thereof.
C. The rate for use of water outside the city limits shall be two times the rate charged to users within the city.
D. Water rates and associated fees may be modified annually as deemed necessary by the city council.
E. All water connections will be billed a nonrefundable account maintenance fee set by resolution.
F. Water connections or reconnections made on regular work days between the hours of four-thirty p.m. and eight a.m., weekends, or holidays are considered after hours and will be assessed an additional fee set by resolution.
G. Water connection charges for bulk water drawn from fire hydrants will be charged according to the current rate schedule, adopted by resolution.
H. Standby water service or fire protection water service charges will be according to the water rate schedule adopted by resolution.
I. Accounts turned off for nonpayment will be assessed a fee, set by resolution, upon reconnection.
J. A fee set by resolution will be charged for all dishonored payments.
K. A water meter fee set by resolution will be charged for each meter.
L. A water tap fee set by resolution will be charged for each new connection from the meter to the city water line.
M. Fire line meters will be assessed a monthly fee based upon the current water rate resolution, with the smaller low flow meters charged for water consumption only. (Ord. 2029 §4(part), 2016; Ord. 1970 §1, 2013; Ord. 1932 §1(part), 2010).
13.04.020 Water service deposits.
Water service deposits are no longer required or collected. Previous to the writing of the ordinance codified in this title, all deposits collected were refunded as a credit back to the customer’s account. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.030 Water month designated.
For purposes of computing water charges, a month shall be a period from the twentieth day of each month to the twentieth day of the succeeding month. Meter reading shall be done on or about the twentieth day of each month and done in such a manner to provide, as nearly as practical, twelve equal periods between readings. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.040 Discontinuance of water use--Refunds.
Any person desiring to discontinue the use of water shall give notice to the finance director, or his/her designee, of such intention. Any prepayment on account of such water service over and above the amount owing by such user shall be refunded to said user. If such refund is not claimed within one year, it shall be turned over to the State of Oregon Unclaimed Property Program with the Department of State Lands. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.050 Payment due date--Delinquent charges and reconnection fees for an existing water service.
A. All water use charges shall become due on the tenth day of the month following the meter reading date and, if unpaid, shall become past due on the eleventh day of the same month. A delinquent charge of five dollars shall be added to any water account balance of twenty dollars or more on the tenth day that the account is past due. Any account past due more than thirty days shall be notified of the city’s intention to terminate service in accordance with Section 13.04.120. If water service has been discontinued due to nonpayment of water use charges, a fee will be charged in accordance with Section 13.04.010.
Reconnection requests will be accepted only at City Hall during regular business hours.
B. The finance director, or his/her designee, shall have the authority to allow, under special circumstances, a customer’s water service to be temporarily activated without following the normal procedures described in this chapter. The aforementioned temporarily activated water service shall remain activated for no longer than ninety-six hours.
C. A fee in accordance with Section 13.04.120 will be charged for all dishonored payments. The finance director, or his/her designee, shall have the authority to immediately discontinue water service to any customer whose payment for reinstatement of water services has been dishonored. The finance director, or his/her designee, shall also have the authority to require future payments by said customer to be made by cash, money order, or certified check.
D. The finance director, or his/her designee, shall have the authority to allow customers to pay a delinquent account in regular, mutually agreed to, equal amounts. The finance director, or his/her designee, shall also have the authority to waive fees when deemed appropriate. Water customers requesting a payment plan or a waiver of fees may receive such benefits only one time in any one twelve-month period.
E. All outstanding fees and charges must be paid to the city finance department prior to reconnection of the water service.
F. The council may set by resolution fees for extra services required in collecting delinquent customer accounts for water user charges. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.060 Leak adjustments.
A. Residences with a probable water leak may apply for an adjustment to their water bill. The request for adjustment must meet the following criteria:
1. Application must be on a city-approved leak adjustment request application form;
2. The leak must be substantiated by the public works department;
3. The leak must be repaired within fifteen days of discovery by the water user or within fifteen days of notification to the city, whichever is sooner.
B. Leak adjustments are intended for water line leaks that cause an abnormally high monthly water bill. Adjustments will not be granted for improperly set irrigation systems, or excessive watering, or water lines broken as a result of negligence.
C. Satisfactory proof of repairs must be submitted with required application. Satisfactory proof of repairs must include:
1. A description of the repairs that were done;
2. A copy of the repair bill or receipts for necessary parts to complete the required repairs.
D. The city will assume no responsibility for costs associated with the repair.
E. Water bill adjustments caused by leaks will be for one-half of the total water consumption over and above the average consumption for that residence. The average consumption will be calculated by using the consumption for the same month’s billing cycle as in the previous three years. In the event that three years of water consumption records are not available, the finance director, or his/her designee, will determine the average consumption based on the best information available.
F. Leak adjustments will be allowed once per year, per residence. Exceptions, due to extraordinary circumstances, to this rule may be authorized by the finance director or his/her designee. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.070 Dates redefined by finance director.
In order to promote efficiency within and among city departments, the finance director may, at his/her discretion, redefine the respective dates for meter reading, water use billing, payments due, delinquencies, and service discontinuance. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.080 New water service connections--Fees.
A. No connection shall be made with any water line of the city until a permit and payment of fees as required in this section has been completed.
B. Permits may be issued upon application to the building department administrator, or his/her designee, under the terms and conditions set forth in this section, provided water is available.
C. Applications for new connections shall include:
1. A legal description (tax map and tax lot) of the parcel of land proposed to be connected.
2. A plot plan of the property, drawn at an acceptable scale on an eight-and-one-half-inch by eleven-inch sheet of paper including all existing and proposed roads, driveways, sidewalks, buildings, other utilities (electric, phone, cable T.V., natural gas, etc.), and water meters.
3. Name, address, and phone number of the applicant.
4. Name, address, and phone number of the person to be billed for the water service.
D. No water connection permits will be issued to any person who has a thirty-day past due water bill, unpaid SDC, or any other unpaid bill due the city.
E. At the time of installation, ownership of the water meter shall revert to the city. As a condition of such connection, the city shall provide routine maintenance of the water meter thereafter.
F. It shall be the duty of the owner of the property being served by a water service to protect his/her water service connection, including water meter, meter box, angle meter valve, and all other associated water meter appurtenances, from damage. In the event of damage, the city public works department will make all necessary repairs. A bill for the cost of repairs will then be added to the property owner’s next available water bill. Acts of God, natural disasters, and defective equipment shall be exempted from the property owner’s responsibilities to protect his/her water service connection as described herein. The finance director, or his/her designee, shall have the authority, under special circumstances, to waive or adjust repair costs associated with damage to water service connections as described herein. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.090 Water connection outside city.
A. Requests for connection to the city’s water system on properties lying outside the city limits shall be made by application on such form as provided by the city. Such application shall be forwarded to the public works director, who may approve or deny, with just cause, such requests.
B. If the public works director/designee approves the request, he/she shall cause the connection to be made. Upon approval of the permit, the person requesting the connection shall pay all applicable fees and charges as described in this title. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.100 Separate buildings.
Multiple water meters to a single building are discouraged, but under special circumstances multiple water meters to a single building may be allowed with written permission from the public works director or his/her designee. One water meter shall be allowed to serve one parcel for the purpose of providing water to the main dwelling and an accessory structure. (Ord. 2029 §4(part), 2016; Ord. 1939 §1, 2010; Ord. 1932 §1(part), 2010).
13.04.110 Water use from fire hydrants.
A. Any person, firm or organization desiring to use water from a city fire hydrant, other than personnel from any fire department, shall apply to the public works director at least five working days in advance of the date of the requested use.
B. The public works director, or his/her designee, may allow such a request in the absence of a conflict with the city’s purposes; provided, that the applicant complies with the following conditions:
1. Agrees to the metering of said water use by the city.
2. Pays all fees and charges for a three-inch water meter as described in Section 13.04.010.
3. Pays the water bill in accordance with the payment schedule described in Section 13.04.050.
4. Is subject to termination of service for unpaid charges for water service as described in Section 13.04.120.
5. Does not have an outstanding unpaid bill for fees or charges associated with water use in the city of Central Point.
6. Agrees to reimburse the city for all incurred costs associated with any damage to city-owned equipment caused as a result of taking water.
C. Upon issuance of the permit to take water from a city fire hydrant, the public works director, or his/her designee, will assign a fire hydrant to be used by the permittee and attach thereto, with chain and lock, an approved hydrant meter and backflow prevention assembly.
D. Personnel from any fire department, using water from a city fire hydrant, shall report such usage to the public works director, or his/her designee, within five days following the date of such usage, together with an estimate of the amount of water used. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.115 Payment.
A. Payments shall be applied as provided by Section 3.40.090.
B. The initial customer shall pay water services charges from the date the meter is installed, turned on, and available for use.
C. When the customer changes, user charges for the new customer begins when new customer information is received by the city. If notification of the change was not received by the city prior to the change in customer, the user charge shall begin with the next billing and the new customer may be billed retroactively, not to exceed one year.
D. If two or more persons are billed for service, they shall be jointly and individually liable and sent a single bill. (Ord. 2029 §4(part), 2016).
13.04.120 Unpaid accounts--Termination of service.
A. The city may discontinue any city provided water service billed to the customer in the following circumstances:
1. In the event of unpaid charges for water service, repair bills, connecting service or reconnecting service, where the customer fails to pay the amounts and penalties due and owing within seven days from the date a turn-off notice is mailed;
2. If any other charges or assessments that the Central Point Municipal Code authorizes collection by discontinuation of water service are delinquent and not paid within seven days from the date a turn-off notice is mailed; or
3. If any other charges or assessments due the city of Central Point by contract for which such contract authorizes collection by discontinuation of water service are delinquent and not paid within seven days from the date a turn-off notice is mailed.
B. The city may terminate service to the account premises in accordance with this section. In the event the city intends to terminate service as provided in subsection A of this section, the following procedure shall be followed:
1. A notice shall be sent to the owner of the property at the address of record and to the customer at the address to which billings have been mailed. However, if any addresses are the same, only one notice need be sent to that address.
2. The notice shall state the city’s intention to terminate service seven calendar days after the date of the mailing of the notice, and shall also contain the following language: “If you feel that there is a mistake on the bill or if you wish to dispute the amount of the bill, or you wish to dispute the termination of service, you may do so at Central Point City Hall during designated office hours prior to the expiration of seven calendar days from the date of the mailing of this notice.”
3. In the event a customer disagrees with the intended termination of service, the finance director or his/her designee shall provide an opportunity for the customer to be heard in a conference prior to the termination of service.
4. The finance director or his/her designee shall, after the passage of seven calendar days from the date of the mailing of said notice, or following the conference referred to above if one is requested and attended, or following the date scheduled for the conference if one is requested and the customer fails to attend, have the authority to terminate service upon a finding that the charges have been accurately stated and have remained unpaid for a period of more than thirty days after the earliest of the charges was billed.
5. If water service for a multi-tenant building is in the owner’s name and the water user charges are delinquent the city shall also mail or deliver a turn-off notice to each tenant prior to discontinuance of service. The city will charge the owner for each notice.
6. The turn-off notice is considered delivered at the close of business on the date actually delivered or, in the case of mailing, the close of business on the third business day from the date of mailing, including the date of mailing.
7. The council may set by resolution a fee for providing the turn-off notices and for discontinuation of service.
8. The city shall not be liable for any damage resulting from discontinuation of service.
C. Subject to subsection D of this section, the customer owing the water bill shall pay all charges or correct all violations before the city will restore water service.
D. The finance director may restore water service to a delinquent account upon the acceptance of a plan approved by the finance director for the payment of delinquent amounts. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010).
13.04.130 Property liens--Collections.
A. If the water customer is the owner of the property, water user charges, plus billing service charges, late payment charge, charge for collecting delinquent bills, damages and any other water charges incurred relating to the property shall be a lien against the property served from the date of delinquency. In the case of a closing bill where the property is being sold or transferred the lien for the closing bill shall attach as of the day preceding the sale or transfer.
B. When a bill for water service remains unpaid for sixty days after it has been entered in the customer’s billing record or other city water record, and recorded in the city’s lien docket, the city may refer the debt to collections. In the alternative, or if collection efforts fail, the lien may be foreclosed in any manner provided by ORS 223.505 to 223.650, or as otherwise provided by law. (Ord. 2029 §4(part), 2016).
13.04.140 Tenant accounts.
A. The city’s claim against a tenant is transferred to the owner of the property when the city provides notice of the delinquent status to the tenant and mails a copy of the notice of delinquency by first class mail to the last address of the owner or owner’s agent that is on file with the city, within thirty days from the time the payment is due on the account. The transferred claim shall be a lien against the property served from the date the notice of delinquent status is mailed to the owner of the property. The transfer does not relieve the tenant of the obligation to pay the claim.
B. The city may refuse to provide water service to a tenant if the tenant has a previous unpaid utility bill with the city unless the city and the customer agree to a plan for repayment of unpaid utility bills.
C. The city will provide information to the owner or owner’s agent regarding the status of a tenant’s account upon request, within a reasonable amount of time. If a request is made verbally, the city shall provide the information verbally. If the city discloses information under this subsection, the city shall not be held responsible for the disclosure of information to a person who is not an owner or owner’s agent. (Ord. 2029 §4(part), 2016).
13.04.150 Water cut-off by city.
The city shall attempt to notify customers in the event that water service needs to be temporarily curtailed. However, water may at any time be shut off from the mains without notice for repair, extensions or other necessary purposes, and the city shall in no instance be held liable or responsible for any damages caused thereby. Where the city intends to voluntarily cut off water service at a planned future time and where such cut-off is under such circumstances as to permit notice to be given, the public works director, or his/her designee, shall cause notice of said cut-off to be delivered to the water customers affected thereby, either by direct contact, by telephone, by mail, by email, or by publication of notice in a newspaper of local circulation. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010. Formerly 13.04.130).
13.04.160 Authorization to adopt water curtailment plan.
In the event of an emergency, the city council may, by resolution, adopt a water curtailment plan to be effective in the city whenever enacted pursuant to the terms of such plan. Such water curtailment plan may be amended by resolution from time to time, as necessary. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010. Formerly 13.04.140).
13.04.170 Unlawful acts.
A. It is unlawful for any person, other than an official representative of the city, to do any of the following:
1. Reconnect any water service after the same has been disconnected by the city for nonpayment of service charges or any other reason;
2. Disconnect or remove any lock or locking device placed on the meter by the city intended to prevent the use of water;
3. Connect any water service without first filing an application for connection to the city water system and paying all associated fees and charges required for said connection;
4. Connect any water service after application thereof has been denied for good and sufficient reason;
5. Allow a water meter to become inaccessible so that it cannot be serviced by the city.
B. It is also unlawful for any person to do any of the following:
1. Verbally or physically harm or threaten any city employee in the act of completing his/her job.
2. Attempt, in any way, to prevent the city from reading or servicing a water meter.
3. Impede any city employee from performing his/her job. (Ord. 2029 §4(part), 2016; Ord. 1932 §1(part), 2010. Formerly 13.04.150).