Chapter 13.05 WATER CODE

“Person” shall mean and include any person, firm, copartnership, association, corporation or other organization, whether he or it is acting for himself or itself or as the clerk, servant, employee or agent of another; and the singular shall include the plural and the plural the singular.

“Water department” shall mean the total water department of the city of Creswell, including office, service yard and all employees connected therewith, clerical or field.

“Water superintendent” shall mean the duly appointed water superintendent of the city of Creswell or such employee as he may delegate. [Ord. 316 § 3, 1989].

13.05.030 Council to have charge of water system.

The council shall have charge of the total waterworks, plant and system of the city of Creswell. [Ord. 316 § 5, 1989].

13.05.040 Council powers and authority.

A. The council is authorized and empowered to purchase, construct, keep, conduct, extend and maintain the water system and all necessary plants and facilities to furnish water to the city and to areas adjacent thereto, and to areas adjacent to the pipes, conduits, or aqueducts constructed or used for such purposes, and to that end may acquire, by purchase or otherwise, and own and possess such real and personal property within and without the limits of the city as in the judgment of the council may be deemed necessary and convenient.

B. The council shall have power and authority to enter into the necessary contracts or agreements to purchase all necessary material, equipment and supplies as it may deem necessary or convenient to the conduct, extension, operation, maintenance and management of the city system, and to do any other act in the construction, operation and maintenance of the city system.

C. The council shall have power and authority to acquire any waterworks or water plant, or part thereof, either by direct purchase or by condemnation proceedings in the manner prescribed by law for the appropriation of private property for corporate purposes or public use.

D. The council shall have power and authority to, and shall, from time to time, make such regulations as may be necessary for the installation of water mains, and for the apportionment of the cost thereof between property owners and the city.

E. The council shall have power and authority, by resolution and publications, to designate specific days, dates or hours during which users of water from the city system may use water for irrigation purposes, and may prohibit the use of water from the city system for purposes of irrigation; and it shall be unlawful for any person to irrigate or sprinkle in violation of such proclamation.

F. The council shall have power and authority to do any other act or make any other regulation necessary and convenient for the conduct of its business and the due execution of the power and authority given it by Charter and not contrary to law. [Ord. 316 § 6, 1989].

13.05.050 Council to set rates and other charges.

A. The council shall have power and authority to establish all rates, deposits, fees, penalties and other charges for the use and consumption of water from the city water system; and to provide for the payment of water billing, deposits, penalties and other charges; and to shut off the water from any house, tenant or place where any of such charges are not duly paid within the time provided therefor, or when any of the rules and regulations of the city are disregarded or disobeyed. Said rates, deposits, fees, penalties and other charges shall be established by written resolution without the necessity of amending this chapter, and such resolution when duly passed shall provide the lawful rates, deposits, fees, penalties and other charges of the city in connection with such water system; provided, however, the requirements of law be complied with in connection therewith.

B. The council shall have power and authority to classify water services by service pipe size, meter sizes, demand, nature of usage, or other means deemed equitable by the council, and to establish rates and flat rate charges by said classification; and the establishment of such classification and such rates and flat rate charges shall be by written resolution, without the necessity of amending this chapter; and such resolution, when duly and regularly passed, shall be the lawful classification of water service fees, water rates and flat rate charges of the city.

C. The council shall have power and authority to enter into special agreements for water usage and at special rates, either greater or less than existing rates, to water users within or without the boundaries of the city. [Ord. 331 § I, 1991; Ord. 316 § 7, 1989].

13.05.060 Broken meter rates.

Whenever a water meter is found by the meter reader to be inoperative, an amount equal to the average billing of three like preceding months shall be billed to the water user for that month. [Ord. 316 § 8, 1989].

13.05.070 Adjustments and refunds other than deposit.

Adjustments and refunds, other than deposits, of water bills or other charges may be made only upon approval by the city manager. [Ord. 519 § 3, 2018; Ord. 316 § 9, 1989].

13.05.080 Deposit.

A. Whenever an application shall be made for water service to a premises having no prior service, and whenever an application shall be made for water service to a premises having an existing service, said application made for reasons of change in property ownership or tenants, and whenever an application shall be made for water service or recontinuance of service to a premises having been disconnected for service violations of this chapter or other causes, the applicant shall do one of the following:

1. Make a security deposit at the office of the water department of the city in an amount as established in the rate resolution of the city to guarantee the payment for water service supplied to such property;

2. Submit, in lieu of a security deposit, a letter of recommendation from a utility (water, sewer, power, telephone, or natural gas) which has provided service to the applicant within the previous three months. The letter of recommendation must state that the applicant has a satisfactory record of utility payment for no less than 12 consecutive months; or

3. Have a previously established record of good credit with the city.

B. The cashier of the water department shall keep the total of such deposits in a separate account known as “water deposit accounts” and shall keep records showing the source of all receipts and purposes of withdrawals from said account. When a depositor terminates his account and said account is fully satisfied, the cashier shall return any unused portion of the deposit to the depositor. In the event that such deposit is not applied for within 60 days from the date that water service is discontinued, then such deposit shall be forfeited to the city of Creswell, unless otherwise specified by the council.

C. Notwithstanding the provisions of this section, no deposit shall be required of any user agreeing to accept water service from the city prior to construction of the city’s water system; provided, however, this section shall subsequently apply if property ownership changes, or tenants change, or if said service is disconnected for delinquency, or for other violations of this chapter. [Ord. 441 § 1, 2006; Ord. 316 § 10, 1989].

13.05.090 Application for connection or discontinuance of water service.

No application for a permit to connect any new structure to city water or sewer mains shall be accepted or installed without proof by the applicant of an approved building permit. The application shall only be valid as long as the building permit is valid. The city permit shall be automatically extended if the building permit is extended. When a building permit is terminated or voided for any reason, all fees paid for the building permit, water permit and/or sewer permit shall be forfeited by the applicant as liquidable damages. All systems development charges shall be refunded. [Ord. 316 § 11, 1989].

13.05.100 Installation of service from main to curb line or property line.

Upon payment of the connection fee, the city shall install a service pipe from the main to the curb or to the property line of the street in which the main is located, including curb stop, meter and meter box; and it shall be the duty of the city to maintain said service line from the main to the curb or property line of the street in which the main is located. The consumer shall, at his own expense, install pipes from the curb or the property line of the street in which the main is located to the facilities as desired on his premises, subject always to building, plumbing and sanitation codes and required inspections of the city. [Ord. 316 § 12, 1989].

13.05.110 Services outside the city.

The city may furnish water to places, individuals, companies, towns and water districts outside the boundaries of the city and may charge therefor rates fixed by the council. In case such service is to companies, towns or water districts, the aforesaid shall furnish to the city a map of its system, the number of consumers and other information, when called upon to do so; and the city may refuse to sell water to consumers who do not comply with the requirements of this section. [Ord. 316 § 13, 1989].

13.05.120 Separate service to each house, unit, building or installation.

A. A separate service shall be furnished to each house or residence being individual and separate unto itself, whether abutting a street, easement, or public thoroughfare, or otherwise; and being not a part of a motel, trailer court, apartment house or other multiple-occupancy installation, nor being a related occupancy.

B. A separate service shall be required to each unit of separate ownership, and in no event shall one service serve properties under separate ownership. [Ord. 316 § 14, 1989].

13.05.130 Access to premises for inspection.

Officials, agents and employees of the city shall at all reasonable times have access to any premises served by the city system for the purpose of inspection, repair or enforcement of any of the provisions of this chapter; and in the event that any inspection discloses excessive leaks or any undue waste of water, then the city shall have the right to discontinue water service to such premises until satisfactory repairs have been made. [Ord. 316 § 15, 1989].

13.05.140 Charges for turning water on or off at consumer’s request.

When requested by the consumer, the water department shall, if available, turn off the water at the meter to allow the consumer to repair or replace plumbing on the property of the consumer. The cost of such water turn-on or turn-off shall be charged to the account of the consumer as established in the water rate resolution. [Ord. 316 § 16, 1989].

13.05.150 Charges for inspecting, testing, repairing and altering meters.

A. When any water consumer shall make a complaint that the water bill for any particular period is excessive, the water department shall, upon request by the consumer, have such meter reread and the service inspected for leaks. Cost of such rereading and inspection shall be charged to the account of the consumer as established in the rate resolution.

B. Should such consumer desire that the meter be tested or changed, such test or change shall be made by the water department and the cost of said test or change shall be charged to the account of the consumer as established in the rate resolution. However, should the test of the meter show a registration in excess of three percent in favor of the city, the amount charged to said account for such test will be canceled or credited as the case may be, and the bill adjusted accordingly. The excess registration, not to exceed the three previous readings, shall be credited to the account. Where no such error is found, the amount charged for such test will be retained to cover expense of such test or change.

C. When any property owner or his agent being served water by the city shall request a relocation or alteration of the service or meter location, either vertically or horizontally, a determination of advisability of such relocation or alteration shall be made by the water superintendent. The decision of the water superintendent shall prevail, subject to the order of the council. In no event shall the meter or service be relocated onto private property beyond the property line, except by order of the council. The cost of such relocation or alteration shall be charged to the account of said owner or agent as established in the rate resolution. However, should a service or meter relocation or alteration be deemed beneficial to the city by the water superintendent, such relocation or alteration may be done by the water department, whether desired by the property owner or not, and such relocation or alteration shall be at the expense of the city.

D. Whenever a city-owned meter is burned out by hot water or damaged by carelessness or negligence of the owner or occupant of the premises, the water department shall repair the damage and charge the account of said owner or occupant as established in the rate resolution.

E. When a service pipe, curb stop, meter or meter box is damaged or destroyed by contractors or others in the performance of construction, excavation, hauling or other work, or where service pipes are destroyed by electrolysis, the person, contractor or company responsible for such damage or destruction shall be billed by the city for the cost of repair or replacement of such pipes, curb stops, meter or meter box as established in the rate resolution. [Ord. 316 § 17, 1989].

13.05.160 Temporary disconnect.

Repealed by Ord. 532. [Ord. 316 § 18, 1989].

13.05.170 Meter reading and billing.

Meters on all service connections will be read on or about the twenty-first day of each month, and users of city system water shall be billed on or about the first day of each month for water used during the preceding month. Said bills shall be due and payable on or before the tenth day of each month and shall become delinquent on the last working day of said month. All water service charges shall be mailed to the premises where water service is furnished unless the property owner requests that the bill be sent to another address. [Ord. 316 § 19, 1989].

13.05.180 Water shortage provisions.

In the event a water shortage should occur, and it becomes necessary for water to be conserved, or water use restricted, the city council by ordinance or resolution may place such restrictions and promulgate such regulations in connection therewith as may be necessary until said water shortage is over. [Ord. 316 § 20, 1989].

13.05.190 Penalty on delinquent bills.

The council may, in the rates resolution, provide such penalty or penalties for delinquency in water payments as it deems appropriate and necessary to ensure prompt payment of water billings. [Ord. 316 § 21, 1989].

13.05.200 Water charged to user.

It shall be the duty of the person requesting water service of each premises served to pay all rates and charges for water service imposed by this chapter which are not otherwise paid by the occupant of said premises. No duty shall be imposed upon the city in serving any premises to the occupant thereof to ascertain or determine the true owner of such premises, and anyone having possession of premises shall be presumed to be in lawful possession with the right to contract with the city for water service, and such person in possession is deemed to be the agent of the owner for such purpose. Service may be denied to any person who has left an unpaid water bill at another address, until such bill is paid. Service may be denied to any person until restitution has been made for any damage or loss of revenue resulting from tampering with or bypassing water meters or locking devices.

Water service charges shall be a lien against the premises served from and after the date of billing and entry on the ledger or other records of the city pertaining to its water system, and such ledger when a bill for water service remains unpaid 60 days after it has been rendered, the lien thereby created may be foreclosed in the manner provided for by ORS 223.610, or in any other manner provided by law, this code or city ordinance. [Ord. 331 § I, 1991; Ord. 316 § 22, 1989].

13.05.210 Procedure for disconnect for nonpayment or other violations.

In every case where a billing is not paid by noon on the last working day of each month in which the bill is presented, or where any other violation of a provision of this chapter so warrants, the city shall give the occupant and property owner at least 10 days’ written notice by letter to their last known address notifying them that service will be terminated at the end of said period. The notice provision shall contain a statement informing the user that if any item for which they have been billed is disputed, that the user has a right to bring the disputed item to the attention of the water and sewer billing clerk, within 10 days of the date of notice. The city shall provide a written form for the disposition of the disputed item. Should said account not be resolved by that time, the city may immediately thereafter shut off and disconnect said services without further notice.

Such service shall remain disconnected until all billings and charges have been paid, a security deposit has been made as required, and the cost of such reconnection is paid as provided by the rates resolution. [Ord. 441 § 1, 2006; Ord. 316 § 23, 1989].

13.05.220 Water use by applicant.

No person shall use water from the city water system for any other purpose than that stated in the application or to supply in any other way persons without application and permit to do so, and where a violation of these provisions is found to exist, the city may discontinue service after five days’ notice. [Ord. 316 § 24, 1989].

13.05.230 Leaking or unused services.

No faucets shall be allowed on the outside of any building except hose connections which must be controlled by a separate stop. No faucets shall be allowed on sidewalks or at the curb line where they are accessible to the public. [Ord. 316 § 25, 1989].

13.05.240 Abandoned and new revenue-producing services.

Whenever a service connection to any premises is abandoned or no longer used, or when new buildings are to be erected on the site of old ones and it is desired to increase the size or change the location of the old service, the city may cut out or remove such service connection, and any new service required to said premises shall be installed only on application and payment for a new service connection in the regular manner. [Ord. 316 § 26, 1989].

13.05.250 Water system shut-off – Responsibility.

The city reserves the right at any time without notice to shut off the water supply for repairs, extensions or nonpayment of rates, or for any other reason. The city shall not be responsible for any damage, such as bursting boilers, pipes or fixtures, stoppage or interruption of water supply, or any other damage resulting therefrom. The city shall not be responsible for broken pipes, leaks or other defects in water lines or fixtures beyond the property line on private property. It shall be the duty of each property owner to install a shut-off valve on the property served to permit shut-offs for repairing leaks in property owner’s own system, and the city shall not be obligated to close any valve upon any street or alley in order to effect such repairs. [Ord. 316 § 27, 1989].

13.05.260 Damage through pipe and fixtures.

No water user or any person shall cause or suffer water from the system to run, drain or flow from property having the water connection onto any other property or onto any street or way, and the city shall in no case be liable for damage occasioned from water running from open or faulty fixtures or from broken or damaged pipes beyond the property line. [Ord. 316 § 28, 1989].

13.05.270 Use of city water and private water.

Owners of premises desiring to use both the city water system and a supply of water other than that furnished by the city may obtain water from the city upon the following conditions, and not otherwise:

Under no circumstances shall a physical connection, direct or indirect, exist or be made in any manner, even temporarily, between the city water supply and the other water supply. Where such connection is found to exist, or where provision is made to connect the two systems by any means, the city water supply shall be shut off from the premises without notice. Service to said premises shall not be restored until satisfactory proof is furnished that the cross-connection has been completely and permanently severed. [Ord. 316 § 29, 1989].

13.05.280 Operating valves or hydrants without authority.

It shall be unlawful for any person without authority from the city to remove, injure, open, close or in any way tamper with any water pipe, water main, shut-off valve or hydrant which is a part of the city system. [Ord. 316 § 30, 1989].

13.05.290 Turn-ons without authority.

Should the water to any premises served by the city system be turned on by any user or other person without authority from the city, the water may then be shut off at the main, or the meter removed. The cost thereof shall be established in the rates resolution, and service shall not be restored to said premises until all of said charges are paid. [Ord. 316 § 31, 1989].

13.05.300 Unauthorized service extensions.

It shall be unlawful for anyone to cause or permit the extension of water service from one dwelling unit, building or parcel of land to another without authority of the city. When additional dwelling units, buildings or parcels of land are connected without proper application and permit, such premises may be charged at double the rate for the time they are in use, and service may be disconnected by the city. The cost of such disconnection shall be established in the rates resolution, and service shall not be restored to said premises until such charge has been paid in full. [Ord. 316 § 32, 1989].

13.05.310 Water rationing during summer months.

A. Water Users. All users of city water shall use water for lawns and gardens on the following days:

1. Users with even-numbered addresses on even-numbered days;

2. Users with odd-numbered addresses on odd-numbered days;

3. No one shall irrigate on the thirty-first day of any month.

B. Schedule. This schedule shall apply to water users for the months of May, June, July, August and September of each year beginning with the month of June 1985.

C. Water Use.

1. Water use covered by this section shall include lawns, gardens and flowers.

2. The mayor of the city of Creswell shall be authorized to issue a proclamation terminating the outside use of water by city water users whenever the water supply is insufficient to provide adequate water to care for the health, welfare and fire protection of the city.

D. Penalty. For any user who violates this section the municipal court shall impose a maximum fine of $50.00. [Ord. 290 § I, 1985; Ord. 288 §§ 1 – 4, 1985].

13.05.320 Penalties.

Any person, firm or corporation who shall violate, fail, neglect or refuse to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed $200.00, or by imprisonment not to exceed 60 days, or by both such fine and imprisonment; and each day during which any violation hereof shall continue and persist after due notice thereof shall constitute a separate and distinct violation of this chapter. [Ord. 316 § 33, 1989].