Chapter 13.04 WATER SYSTEM REGULATIONS AND CHARGES

C. "Commercial rates" apply to properties occupied with or engaged in commerce or work, viewed in regard to profit, including residential units larger than duplexes.

D. "Customer/user" shall mean any person who uses property which maintains connection to, discharge to, or otherwise receives services from the city’s water, wastewater, and/or storm systems. The occupant of occupied property is deemed the customer/user. If the property is not occupied, the person who has the right to occupy it shall be deemed the customer/user.

E. "Customer’s line" means the pipes, valves and fittings leading from the premises to the property line or meter box, whichever is closest to the main line.

F. "Duplex" is a building that contains two dwelling units on one lot. The units must share a common wall or common floor/ceiling.

G. "Fire protection service" means a separate water service, usually four inches in diameter or larger, which serves fire protection facilities only.

H. "Industrial rates" apply to services to be used in manufacturing activities.

I. "Multiple-unit" is a building that contains three or more dwelling units.

J. "Residential customer/user rates" apply to all single-family dwellings and duplex units.

K. "Service line" means the pipe, valves and fittings laid from the main to the private property line or meter, whichever comes first.

L. "Water main" or "main" means distribution pipe lines located in streets, highways, public ways or private rights-of-way which are used for the distribution of water through service lines to customers. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.020 Rates.

A. The water rates for water furnished through the city’s water system shall be as established in the comprehensive fee schedule, subject to amendment by resolution of the city council.

B. The storm drainage system fee shall be collected with the monthly water or water and wastewater bill. The customer of the developed premises may avoid incurring the storm drainage system fee by removing all impervious surfaces, or the storm drainage system fee may be reduced for improved premises where approved runoff reduction measures have been taken; analysis of runoff control measures shall be made by the city engineer and shall be evaluated on a case-by-case basis.

C. The city council shall have the authority to establish special rates as needed.

D. Assisted Rates. A low-income person, age sixty-five or older, or a totally disabled person as recognized by the Social Security Administration, may apply to receive assisted rates as established in the comprehensive fee schedule. Applicants must also meet the poverty level guidelines as published in the Federal Register for the current calendar year. Proof of income must be provided for each household member, and eligibility is based on total household income. The application shall be submitted to the city manager or his designee for qualification determination. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.030 Connection to the city’s water distribution system.

A. In order to provide for the equitable distribution of water by the city, water meters are to be installed on all private connections.

B. An application for water service where no service previously existed, or an application for a change in service, size or location, shall be made at City Hall.

C. Connection fees shall be established in the comprehensive fee schedule, subject to amendment by resolution of the city council, and shall be paid prior to connection to the city water distribution system and water meter installation.

D. The system development charge as established in the comprehensive fee schedule shall be in addition to all other fees, charges, and costs of connection to the water distribution system.

E. Service line size shall be determined by the city. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.040 Service application, service fee, and deposit.

A. Each applicant for water service shall sign an application form provided by the city giving the date of application, location of premises to be served, whether the applicant has had service previously with the city, the date on which the customer desires the service to commence, the address for sending bills, and such other information as the city manager or his/her designee may reasonably require. If renting, a copy of the rental agreement, listing the occupants of the residence, is required to be provided. Rules, regulations and dates established by the city shall be a part of the contract between the city and customer. The filing of an application for the use of the city water shall be considered as consent by the customer to be bound thereby.

B. All applicants shall pay a nonrefundable service fee as set forth in the comprehensive fee schedule.

C. At the time request for water service is made, any customer who is not the owner of the property being serviced shall make a deposit as set forth in the comprehensive fee schedule. The deposit may be waived upon the submittal of a letter of credit from a utility company (water, sewer, power, telephone, or natural gas) which has provided service to the applicant within the previous three months, and demonstrates an acceptable credit history of no past dues for a period of twelve months. The deposit may also be waived for an applicant who has previously established a record of good credit with the city. If, after twelve continuous months of water service, the applicant has established a satisfactory record of paying his/her water bill, the city will apply the deposit to the customer’s account. If at the time service is discontinued and the city has a deposit on account, the deposit will be applied to the final bill, and any amount in excess of the final bill will be refunded to the customer. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.050 Payment of bills.

A. Fees for water, wastewater, and storm drainage service shall be shown on the same bill, and all charges are due and payable monthly at the finance department on the tenth day of the month.

B. All financial and account transactions must be made with the finance department.

C. The city may refuse payment by personal check for payment of any service, charges, or fees billed if during any six-month period two or more payments by a personal check have been returned for lack of sufficient funds or any other reason. The customer will be notified in writing of the decision to not accept personal checks. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.060 Meter reading.

A. Each meter is read monthly by the city. In the event it is impossible or impractical to read a meter during the billing cycle, the bill shall be computed upon the average usage for the prior twelve months.

B. If there is no usage history, the bill shall be computed on the consumption by the customer during the most recent billing period.

C. Failure by the city to read a water meter does not relieve the customer’s obligation to pay for actual or estimated water use. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.070 Discontinuance of service.

A. Water service to customers shall be discontinued if requested by property owner or tenant; delinquency of thirty calendar days or more; unauthorized use or alteration; tampering; and where no backflow prevention exists, as follows:

1. Any customer desiring to terminate water service shall notify the finance department in writing. The notice shall specify the date service is to be discontinued. At the time specified by the customer for discontinuance of service, the meter shall be read. A final bill will be prepared and provided to the customer at the earliest possible date, typically generated on a weekly basis.

2. When bills are delinquent for thirty calendar days or more, the finance department may give notice to the customer, in writing, that the water service will be discontinued if the account is not paid in full within seven calendar days from the date of mailing of the notice. If the account is not satisfied within seven calendar days of the notice, service will be discontinued. Service will not be restored for the customer or in the name of any resident of the household until all charges due have been paid, in cash. Water service is to be restored during regular office hours only.

3. When water service has been used or the service has been altered without proper written application under this chapter, or when a customer fails to make proper written application for water or wastewater service, or when a fraudulent payment has been received by the city, the service will be discontinued without any notice requirement until such time proper written application is received. A fee may be established in the comprehensive fee schedule for service restoration and shall be paid before the water service is restored. This fee is in addition to any sanction which may be imposed under Section 13.04.250 as amended or subsequently modified. Water service is to be restored during regular office hours only.

4. When locks and seals have been tampered with or removed from the meter assembly, or water service has been turned on by someone other than an authorized city employee, the water meter shall be removed by the city. A fee may be established in the comprehensive fee schedule for reinstalling the meter. The meter shall be replaced and water valves turned on only after all charges as established in the comprehensive fee schedule are paid in full, by cash, at the finance department. This fee is in addition to any sanction which may be imposed under Section 13.04.250 as amended or subsequently modified. Water service is to be restored during regular office hours only.

5. Where no backflow prevention device or other adequate protection exists, and a substance could be introduced into the water service that could create a public health hazard, the water will be discontinued without any notice requirement until such time a proper backflow prevention device or other adequate protection is in place. (Ord. 3046 §1, 2014: Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.080 After-hours emergency service.

In the event of an emergency turn off for frozen or broken water pipes, the City may elect to waive the service fee as established in the comprehensive fee schedule to turn the water off and back on; however, as a condition of waiving the fee, the customer will be required to install a customer shut-off valve adjacent to the city’s water meter and may be required to make other modifications. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.090 Basis of rates and resale.

A. Rate schedules for each class of service are based on service to one water customer at one point.

B. No water from the city water system shall be distributed by the customer to anyone except as approved by the city manager or his designee. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.100 Multiple-unit customers.

Service to apartments and multiple-user structures shall be billed to the property owner(s) unless individual users are separately metered at the property owner(s)’ expense and at the discretion of the city. Multiple-user structures that share a meter shall be charged on the meter size and consumption rates for the commercial class, including common use facilities. Multiple-unit structures that are individually metered shall be charged based on the meter size and consumption rates for the residential class. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.110 Water meter testing.

A. The city shall own, install and maintain all water meters.

B. Upon written request, the city will test the meter of any customer.

C. If the meter reads within ninety-four to one hundred two percent of true flow the customer will be charged for the time taken to remove, test and reinstall the meter at standard rates, but in no case less than the fee established in the comprehensive fee schedule.

D. If the tested meter under-registers water flow by more than six percent, or over-registers by more than two percent, a new meter will be installed for the customer.

E. If the tested meter over-registers water flow by more than two percent, the customer will be given credit for the percentage the meter over-registered in the previous month. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.120 Service line.

No connection to or disconnection from the city mains or alteration of the service line shall be made by anyone but the city. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.130 Water meter location.

A. Every meter location shall be designated by the city.

B. The meter and related fittings will be installed on public right-of-way outside of buildings as near the main as practicable.

C. The meter may be located on private property, but only when a location within the public right-of-way or easement is impractical.

D. The customer shall provide sufficient space and exercise proper care to protect the city’s property on the customer’s premises and, in the event of loss or damage to the city’s property on the customer’s premises arising from the neglect, carelessness, or misuse by the customer, the cost of necessary repairs or replacement shall be billed to the customer. The city will not be responsible for damage arising from meters located on private property. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.140 Customer line.

A. Customer’s line pipe shall be not less than three-quarter inch in size and the line pipe shall conform to the plumbing regulations of the city and state.

B. The customer line will be laid and maintained by and at the expense of the property owner.

C. The property owner shall protect the customer line from injury, freezing, or siphonage and be responsible for all damages resulting from leaks, breaks, or other causes. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.150 Customer valve.

A. It is the customer’s responsibility to install a control device (customer valve), such as a brass body hand valve. The customer valve shall be installed on the customer’s side of the meter outside of the meter box but within five feet.

B. The customer valve shall be installed in a valve box of its own, readily accessible from the ground surface without digging.

C. At the customer’s request the city will turn off/turn on the water supply so that the installation of such a customer valve can be accomplished during regular office hours without cost. If the turn off/turn on service is performed after regular office hours, the customer will be charged an after-hours fee as established in the comprehensive fee schedule.

D. A customer shall be billed for costs incurred by the city for turning their water service on or off when such service is solely for the customer’s benefit to make repairs to plumbing other than installing a customer’s valve during regular office hours, as established in the comprehensive fee schedule. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.160 Leak adjustments and penalties.

A. It shall be the responsibility of the customer to locate and repair any leaks in the customer’s line.

B. If a leak occurs in the customer’s line under the surface of the ground, the city manager or his/her designee may approve adjustment in the bill after repairs are made.

C. Customers may also receive a leak adjustment on their bill for leaks occurring under or outside the primary served structure, in common space areas that are not readily accessible or occupied, not including leaks inside walls or ceilings or due to faulty plumbing fixtures or other accessory uses.

D. Leak adjustment will be calculated by computing the bill of the last full cycle of the leak, subtracting the bill for the same cycle of the previous year, and crediting one-half the difference, at the current rate, on the next bill of the customer. When there is no consumption history on the account, one year prior, the adjustment will be based on six thousand gallons of usage.

E. A leak adjustment credit shall not be given for water lost after a leak has been discovered by the customer or by the city.

F. Only one leak adjustment will be granted in a twelve-month period. (Ord. 3078 §1, 2017; Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.170 Use of water.

A. Water will not be furnished and may be disconnected where leaky or defective plumbing or fixtures exist.

B. Notice and an opportunity to correct will be given to the property owner subject to disconnection. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.180 Damage.

A. No person shall willfully or maliciously injure or in any manner interfere with or remove any of the pipes, valves, backflow preventers, meters, locks, seals or other property belonging to the city or used in connection with the city water system.

B. Any person violating provisions of this section shall be charged for all standard costs associated with repairing the results of such injury or interference, plus whatever penalties may be adjudged under the provisions of Section 13.04.250 as amended or subsequently modified.

C. Failure to pay such repair charges shall be deemed a basis for discontinuance of service under the provisions of this code.

D. Any person who inadvertently damages property belonging to the city or used in connection with the city water supply and disposal system shall be charged for all standard costs associated with the repairing of such damage, including, but limited to, labor, materials and overhead. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.190 Tampering.

A. No person shall tamper with, alter, or injure any part of the city water collection system, reservoir system, pumping plant, distribution and disposal system, or metering facilities.

B. No unauthorized person shall open or close any fire hydrant or service line stopcock.

C. No unauthorized person shall alter the water service in a manner which would allow service to more than one household without the filing of an application for service and related compliance with this chapter.

D. No unauthorized person shall connect or disconnect from the city main or alter the service line. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.200 Right of entry.

A. City employees shall have free, lawful access at reasonable hours of the day to all parts of buildings and premises for the purpose of inspecting the conditions of the pipes and fixtures and the manner in which the water is used and disposed of.

B. Access to water meters, whether on private or public property, must remain unobstructed. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.210 Curtailment of delivery.

The water may be shut off from the mains without notice to any customer for repairs or other necessary purposes and the city shall not be responsible for any damage, but, whenever practical, the city shall give reasonable notice before the water is shut off from the main lines. No liability shall exist on the part of the city resulting from the breakage of mains, service pipe fittings or other appurtenances. No modifications in water charges shall be made for any time that mains or service pipes are out of use or when service is discontinued. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.220 Temporary water service from fire hydrants.

A. Temporary water service from fire hydrants may be made available to construction contractors at the discretion of the city and when sufficient water supply is available. The city at its sole discretion reserves the right to make available and to discontinue temporary water service from fire hydrants at any time. Fees for temporary water service from fire hydrants shall include a nonrefundable service installation fee, a refundable deposit, a base rate for a three-inch water meter and a consumption fee for the quantity of water used and shall be as established in the comprehensive fee schedule.

B. Temporary water service from fire hydrants will not be made available without a written permit issued by the public works department. A permit shall be effective for a period not to exceed thirty calendar days. If a contractor requires fire hydrant service in excess of thirty days, a new permit will be required.

C. Water may not be withdrawn from hydrants without the use of an approved hydrant valve; hydrant valves will be supplied, installed, and removed by city personnel.

D. Water may not be withdrawn from hydrants without the use of an approved backflow prevention device that will prohibit the back siphonage of water from the loading vehicle. An air gap separation approved by the city will be acceptable to prevent backflow. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.230 Fire protection service.

A. The customer shall pay all costs associated with the installation of fire protection service from the nearest main of adequate capacity. Such costs shall include all meters, valves, meter boxes, pipes, backflow preventers, bypasses, backfill, paving patches and all other material necessary to complete the work, labor and overhead at standard rates, plus a ten percent handling and restocking fee for materials used.

B. Costs stated in subsection A of this section shall be as established in the comprehensive fee schedule when applicable.

C. The customer shall pay in advance all estimated costs associated with connection in an amount adequate to complete the work as determined by the city. Accounting and adjustments will be made upon completion of installation.

D. No interconnections shall be allowed between a fire protection service and any other water system or use.

E. If there is evidence of water use from a fire protection service for other than firefighting purposes, the customer shall be billed for all water estimated by the city to have been used. The city may require installation of a meter in the line at the customer’s expense for continued water service.

F. All billings for past and future service shall be based on established rates.

G. The sanctions provided for in this section are in addition to any sanction which may be imposed under Section 13.04.250 as amended or subsequently modified. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.240 Cross connection.

A. No person shall install or maintain any physical cross connection between the city water system and any other source of water supply.

B. In the case of any premises where there is an alternate water source that is, or could be, connected to the public water system or a substance that would be objectionable even if not hazardous to health, if introduced into the city’s water system, the utility system shall be protected by an approved backflow protection device. All new development shall be required to install an approved backflow prevention assembly to prevent cross connection (back siphonage) potential to the public water system. Cross connection installations for all connections to the public water system shall comply with the requirements specified in the Oregon Administrative Rules, Chapter 333, Division 61, or as subsequently amended or modified.

C. In the case of water service to any premises where there is any material hazardous to health which could be introduced into the city’s water system, the city’s water system shall be protected by applicable governmental agency regulations.

D. Annual testing for devices will be performed at the customer’s expense.

E. In addition to any other sanctions allowed for under this chapter or state law, any violator will be responsible for all costs to the city for any cross contamination. (Ord. 3004 §1 (Exh. A)(part), 2011)

13.04.250 Violation--Penalty.

Any person violating any of the provisions of this chapter, other than those relating to payment or nonpayment of rates or charges, shall, upon conviction thereof, be punished by a fine or by imprisonment of not more than one hundred days, or both. (Ord. 3004 §1 (Exh. A)(part), 2011)

Prior legislation: Res. 955 and Ords. 2301, 2421, 2453, 2519, 2644, 2653, 2661, 2685, 2701, 2746, 2752, 2780, 2790, 2859, 2874, 2950, 2969 and 2987.