Chapter 13.12
WATER
Sections:
13.12.010 Use of public water system required.
13.12.020 New water service connections.
13.12.040 Service outside of city limits.
13.12.090 Discontinuance of water service.
13.12.100 Service interruptions.
13.12.120 Violation – Penalty.
Prior legislation: Ords. 326, 330 and 359.
13.12.010 Use of public water system required.
The owner of all houses, buildings, or properties within the city intended for human occupancy, or that are used for commercial or industrial uses, other than storage, shall be required to connect such facilities to the public water system of the city of Dundee in the manner as provided herein. [Ord. 485-2009 Exh. A; Ord. 211 § 1, 1979].
13.12.020 New water service connections.
A. Upon the application for new water service, and payment of all charges, the city will install a service connection and meter of such size and location as approved by the superintendent of public works. Meter installation and water service piping shall conform to the city of Dundee public works design standards.
B. A separate service connection will be required for each dwelling, place of business, and institution served which lies on separate parcels of land. Separate dwellings, places of business or institutions on the same parcel and under single control or management may be served one water service connection through a master meter with the approval of the public works supervisor.
C. The water connection charge, exclusive of the water system development charge, shall be based on the actual cost and expense of materials, equipment and labor for making such connection. [Ord. 485-2009 Exh. A].
13.12.030 Private wells.
A. Except for the wells under the control of the public works department, no private or nonpublic water source shall be permitted to supply water for domestic use and human consumption within the city.
B. Private wells may be permitted to supply water for irrigation use only; provided said wells are registered with the superintendent of public works and no physical connection, direct or indirect, shall exist between the city water supply and that of the private well. [Ord. 485-2009 Exh. A].
13.12.040 Service outside of city limits.
A. Water service may be provided, at the discretion of the city council, to property outside of the city limits if the city council determines that the city has excess capacity and the following three criteria are met:
1. The city council finds that a genuine hardship exists due to quality and/or quantity of water for domestic consumption and authorizes the application for water service outside of the city limits.
2. The property to be served is within 400 feet of the city’s water main and the city engineer finds that the service connection may be made without detriment to existing users.
3. Prior to connecting to the city water main the owners of the property shall execute and record an agreement to annex to the city at such time as annexation is legally possible and is requested by the city. This agreement shall be deemed an annexation contract under ORS 222.115.
B. All water used in an area outside of the city limits: (1) shall be for human consumption only, including washing, bathing, drinking, food preparation, and other uses to the extent accommodated by the city prior to September 15, 2009, and (2) shall not be used for irrigation or other exterior uses, except for use in a community garden for growing produce (not for resale), less than one-half acre in size and available for use by the general public. Such water will be provided to users outside of the city limits as long as there are sufficient quantities available for areas within the city limits. If an emergency occurs, the water service to users outside of the city limits will be the first to be terminated. The existence of an emergency due to insufficient quantities of water for use within the city limits will be determined by the city council in its sole discretion.
C. Subsection (A) of this section shall not be deemed to affect existing services to property located outside the limits as of September 15, 2009, except that extensions or enlargement of their services shall not be allowed. [Ord. 538-2015; Ord. 509-2012 § 1; Ord. 485-2009 Exh. A].
13.12.050 Water meters.
A. No water shall be furnished to any person, firm, or corporation from the municipal water system of the city unless such water shall be metered through a meter which, together with the installation thereof, has been approved by the superintendent of public works of the city; provided, however, that water furnished through standby fire protection service connections shall not be metered unless required by the superintendent of public works.
B. The city shall own and maintain all water meters. The city shall not pay rent or any other charge for a meter or other equipment, including housing and connections, whether located on public or private property.
C. The city expressly reserves the right to determine the size and type of meter to be installed, including any appurtenances associated with metered delivery of water service. If for any reason the customer requires a change in size or location of a meter or service, the cost of the change in service shall be assessed to the customer. The customer shall also be responsible for payment of any of the system development charges based on the increased size of the meter. [Ord. 485-2009 Exh. A; Ord. 348 § 1, 1997; Ord. 286 § 6, 1989. Formerly 13.12.110].
13.12.060 Water rates.
There are levied and imposed upon all users of the water system, both inside and outside the city, charges and fees for service, maintenance, operation, debt service, and capital replacement of the water system. Such rates shall be established by resolution of the city council and shall be such amounts as will assure financial self-sufficiency of the water system. [Ord. 485-2009 Exh. A; Ord. 348 § 1, 1997; Ord. 286 § 12, 1989. Formerly 13.12.170].
13.12.070 Access to property.
All duly appointed employees of the city, under direction of the superintendent of public works, may enter upon any private property to which water is delivered, at any time, for the purpose of reading meters, inspecting connections and examining conduits and fixtures of the city water system. The customer must keep dogs or other animals secured or confined to avoid interference with utility operation and maintenance. [Ord. 485-2009 Exh. A].
13.12.080 Unlawful acts.
A. Unlawful Turn-ons. It shall be unlawful for any person, firm or corporation, as owner, tenant or otherwise, to cause the water to be turned on to supply any premises whatsoever if the same shall have been turned off by the city.
B. Unlawful Connections. It shall be unlawful for any person, either as owner, tenant or otherwise, to make any taps of connections to the municipal water system of the city except under the authorization and direction of the superintendent of public works.
C. Unlawful Extensions. It shall be unlawful for any person, firm or corporation, either as owner, tenant or otherwise, to make any extensions to any other premises from a water system by means of pipe, hose or otherwise, so as to extend and supply the use of water to any premises other than where applied for and authorized by the city.
D. Injury to Water Line. It shall be unlawful for any person in any way to intentionally or maliciously damage, injure, or obstruct any water line of any part of the municipal water system of the city. [Ord. 485-2009 Exh. A].
13.12.090 Discontinuance of water service.
A. The city shall have the right to refuse or to discontinue water service to premises to protect itself against fraud and abuse.
B. Where wasteful or negligent water use seriously affects the general service, the city may discontinue the service if such conditions are not corrected within five days after the customer is given notice to that effect.
C. The city may refuse to furnish water and may discontinue service to premises where the customer fails to comply with the provisions of this chapter.
D. Water service discontinued to premises pursuant to this section shall not be restored to service until the reason for the shut-off has been fully abated by the customer and the customer has paid the reconnection fee. [Ord. 485-2009 Exh. A; Ord. 286 § 13, 1989. Formerly 13.12.180].
13.12.100 Service interruptions.
The water may be shut off from the mains without notice for repairs and other necessary purposes. Whenever it is practical in such cases, and as time may permit, affected customers shall be notified prior to a shutdown. The city shall not be liable for any damage resulting from interruption in service. [Ord. 485-2009 Exh. A].
13.12.110 Water emergencies.
The city administrator shall, upon receiving reliable information that the system function, capacity or water purity is about to be impaired or has been impaired, declare an emergency. Upon declaration of such an emergency, the city administrator shall impose such restriction upon the use of water, as he/she deems necessary to protect the health, safety and welfare of the water users of the affected area. The city administrator shall use reasonable means to notify the public of the restrictions imposed. The city council may, at any meeting subsequent to the emergency, by resolution, confirm, alter, amend or terminate the restriction imposed by the city administrator. No person shall violate the terms of any restriction or condition placed upon the use of a meter by the city administrator or the city council pursuant to this provision. [Ord. 485-2009 Exh. A].
13.12.120 Violation – Penalty.
Any person, firm or corporation violating any provisions of this chapter shall be subject to a civil penalty of not less than $100.00 nor more than $500.00 for each violation, and a separate violation shall be deemed committed on each day during or on which a violation occurs or continues. In addition to the above penalty, any person violating any provisions of this chapter shall become liable to the city of Dundee for any expense, loss or damage occasioned by the city by reason of such violation. [Ord. 485-2009 Exh. A].
13.12.130 Appeals.
Any person who is aggrieved by discontinuance of water service or by receiving notice of impending discontinuance of water service may file an appeal to the city council in writing. The decision of the city council shall be final. [Ord. 485-2009 Exh. A].