Chapter 13.05 WATER DEPARTMENT

B. The water department and all customers receiving service from the water department, whether inside or outside the city limits, are bound by these rules and regulations for the operation of the water department of the city. (Ord. 7-1988 § 1)

13.05.020 Definitions of general terms.

As used in this chapter, the following mean:

A. “Applicant” means the person or persons, firm or corporation making application for water service from the water department under the terms of these rules and regulations.

B. “City” means the city of Fairview.

C. “Coliform” means a bacteriological organism whose count is used to determine the presence of pollution in water.

D. “Council” means the governing body of the city.

E. “Customer” means an applicant who has been accepted under the terms of these rules and regulations and who receives water service from the water department.

F. “Customer service line” means that part of the piping on the customer’s property that connects the service connection to the customer’s distribution system.

G. “Rules and regulations” means the rules and regulations for the operation of the water department.

H. “Service connection” means that part of the water distribution system that connects the meter to the main and normally consists of corporation stop, service pipe, curb stop and box, meter, meter yoke, and meter box.

I. “Superintendent” means the person appointed by the city manager to manage the affairs of the water department.

J. “Water” means potable drinking water.

K. “Water department” means the water department of the city. (Ord. 8-2021 § 1; Ord. 7-1988 § 2)

13.05.030 Service area.

The area served by the water department shall be that area included within the corporate limits of the city and such other contiguous or neighboring territory as the council shall, from time to time, determine to serve. (Ord. 7-1988 § 3)

13.05.040 Description of service.

A. Supply of Potable Water.

1. The water department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure and to avoid any shortage or interruption in delivery.

2. Temporary suspension of service by the water department for improvements and repairs will be necessary occasionally. Whenever possible, and when time permits, all customers affected shall be notified prior to shut-downs. The city shall not be liable for damage resulting from the interruption in service or from lack of service.

B. Quality. The water department shall exercise reasonable diligence to supply safe and potable water at all times, shall submit samples for bacteriological testing as required by the Oregon State Health Division, and shall otherwise meet requirements of the Division.

C. Ownership of System. All water mains, valves, fittings, hydrants, service connections, and all other appurtenances, except customer service lines, are the property of the city of Fairview.

D. Special Contracts. When the applicant’s requirements for water are unusual or large, or necessitate considerable special or reserve equipment of capacity, the water department reserves the right to make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates, and rules and regulations. These special contracts shall be in writing and signed by the applicant and the superintendent. The superintendent shall not sign a special contract until specific approval of the contract has been obtained from the council.

E. Resale of Water. Resale of water shall only be permitted under special contract.

F. Service Preference. In case of shortage of supply, the water department reserves the right to give preference in the matter of furnishing service to customers from the standpoint of public convenience or necessity. Water service to users outside the city limits shall, at all times, be subject to the prior and superior rights of the customers within the city. (Ord. 7-1988 § 4)

13.05.050 Application for service – Owner liability.

A. Application. Each applicant for water service shall sign an application form provided by the city which shall include the date of application, location or premises, whether the applicant has been served before, the date on which service is to begin, the purpose for which service is to be used, the address for mailing or delivery of bills, the applicant’s address, the class and size of water service, and such other information as the city may reasonably require. In signing the application, an applicant agrees to abide by the rules and regulations of the city for use of its water and sewer systems. The application is merely a written request for service and does not bind the city to provide water or sewer services. When application is made for water service at a nonowner-occupied premises, the owner thereof shall sign an agreement, in a form approved by the city finance director, that they shall, in the event of nonpayment or delinquency of any fee(s) or charge(s), expenses, losses, damages and/or fines incurred by the occupant/applicant for water and/or sewer service, be jointly and severally liable to the city for the full payment thereof, including any late and/or penalty fees. The council may establish by resolution a process for collecting outstanding water/sanitary sewer charges, expenses, losses, damages and/or fines from the responsible parties.

B. Deposits.

1. At the time application for service is made, the applicant shall pay a deposit as specified by council resolution. At the time the deposit is given to the water department, the applicant shall be given a receipt for the deposit. The deposit is not to be considered as a payment on account. The deposit will be returned to the customer when the service to the customer is discontinued; provided, that all outstanding bills have been paid, or, in the case of a property owner, after two years (24 months) of consecutive service of no past due amounts owing. Interest shall not be paid on deposits.

2. Forfeiture of Deposit. If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service shall not be restored to that customer at the same or different premises until all outstanding bills due the water department have been paid and the cash deposit replaced.

C. Application of Amendments. Customer desiring a material change in the size, character, or extent of equipment or operation that would result in a material change in the amount of water used shall give the water department written notice of such change prior to the change, and the application for service shall be amended. Customers desiring a change in the size, location, or number of services shall fill out an amended application. (Ord. 10-2006 § 1; Ord. 10-1988 § 1; Ord. 7-1988 § 5)

13.05.060 Services.

A. Ownership – Installation – Maintenance. The water department shall own, install, and maintain all services and installations according to Oregon State Health Division Standards, and maintenance shall only be performed by authorized employees of the water department. The customer shall own, install, maintain the customer service line.

B. Service Connection. A service connection charge shall be charged to any applicant who files for service where no service previously existed, or who files for a change in service size or location. The applicant shall submit with the application the minimum service connection charge. The charge is to cover the actual cost to the water department to install the service from the main to and including the meter and the meter housing. In addition to the cost of the installation, the service connection charge shall include a system improvement fee for all new services. This fee will not be charged for a change in service size or location. The amount of the charges shall be set by council resolution.

C. Size of Service. The water department shall furnish and install a service of a size and at a location that the applicant requests; provided, that the request is reasonable and that the size request is one that is listed by the water department. The minimum size of service pipe shall be three-quarter inch. The water department may refuse to install a service line that is undersized, as determined by a study and report of the superintendent to the council.

D. Changes in Service Size. Permanent changes in the size of the service line requested by the customer shall be paid by the customer on the basis of actual cost to the water department for making the change.

E. Length of Service.

1. Where the main is in a public right-of-way, the meter shall be placed at the right-of-way line nearest the property to be served for the standard connection fee; provided, that the length of service does not exceed the width of the right-of-way.

2. Where the main is on an easement or publicly owned property other than designated public right-of-way, the service shall be installed to the boundary of the easement or public property by the water department; provided, that the length of service does not exceed 30 feet.

3. If, in either case cited in subsections (E)(1) and (E)(2) above, the length of service line to the meter location exceeds the maximum distance stated, the applicant shall pay the extra cost of the line on the basis of actual cost to the water department for labor, materials, and equipment rental, plus 20 percent of the total.

F. Joint Service Connections. The water department may, at its option, serve two or more premises with one service connection, but shall not allow more than one applicant for service to be connected to the same meter. The inside diameter of joint service lines shall be sufficient to provide a carrying capacity not less than the combined capacity of the individual service lines of the same size as the meters installed. Service extensions from an existing service to occupancies or ownership other than those for which the existing service was intended shall not be permitted.

G. Number of Service Connections on Premises. The owner of a single parcel of property may apply for and receive as many services as the owner and tenants require; provided, that the application or applications meet the requirements of the rules and regulations.

H. Standby Fire Protection Service Connections.

1. Purpose. Standby fire protection service connections of two-inch size and larger shall be installed only if adequate provisions are made to prevent the use of water from the services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water-operated alarms shall be considered to have such provisions. The water department shall require that an approved detector-check meter be installed in the standby fire protection service connections to which hose lines or hydrants are connected. All piping on the customer’s premises shall be installed in accordance with the plumbing code of the city.

2. Charges for Service. Charges for standby fire protection service shall be as established by council resolution. No charge will be made for water used in the standby fire protection services to extinguish accidental fires or for routine testing of the fire protection system upon appropriate submittal of proof. The customer shall pay the full cost of the standby fire protection service connection, any required detector-check meters, and any required special water meter or other device installed solely for the service to the standby connection.

3. Violation of Regulations. If water is used from a standby connection service in violation of these regulations, an estimate of the amount used shall be computed by the water department. The customer shall pay for the water used at the regular rates, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the regular water rates.

I. Fire Service Connections Other Than Standby. A service having fire protection facilities on the premises and water for other purposes flowing through the same service connection shall be considered an ordinary service and shall be metered. All water used through that service, regardless of its use, shall be charged at the regular rates.

J. Temporary Service Connections. For water service of a temporary nature applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material owned and furnished by the water department. The applicant shall pay the water bill in advance, based on an estimate of the quantity to be used.

1. Time Limit. Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the water department.

2. Charge for Water Served. Charges for water furnished through a temporary service connection shall be at the established monthly rates for regular users set forth in the current water rate resolution.

3. Installation Charge and Deposits. The applicant for temporary service shall:

a. Pay the water department, in advance, the estimated cost of installing and removing all facilities necessary to furnish each service.

b. Deposit an amount sufficient to cover bills for water during the entire period such temporary service may be used.

c. Deposit with the water department an amount equal to the value of any equipment loaned by the water department to the applicant for use on temporary service. This deposit is refundable under the terms of subsection (J)(4) of this section.

4. Responsibility for Meters and Installations. The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the water department. If the meter of other facilities are damaged, the cost of making repairs shall be deducted from the deposit refund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit shall be returned to the temporary customer at the termination of service.

K. Customer’s Plumbing.

1. Plumbing Code. The customer’s plumbing, which shall include the customer’s service line and all plumbing, piping, fixtures, and other appurtenances carrying or intended to carry potable water, sewage, or drainage, shall comply with the state plumbing code.

2. Control Valves. Customer shall install an approved gate and check valve in the customer service line as close to the meter as possible, the operation of which shall control the entire water supply to the premises served and to prevent the backflow of water into the city mains. The customer shall install such additional pressure-reducing valves, pressure relief valves, check valves, pop-off valves, or other control valves, as the customer may desire or the water department may consider it necessary to protect the customer’s piping from abnormal high or low pressures or from interruptions of service. Repair and replacement of the control valves shall be the responsibility of the customer. A customer shall not operate or cause unauthorized operation of the meter stop or any other appurtenances on the service connection.

3. Pumps. Where pumping is required to serve a customer at too high an elevation to be served by gravity, the water department may, at its option, require the customer to provide a suitable pump as a condition of service. The installation shall be subject to approval by the superintendent. (Ord. 7-1988 § 6)

13.05.070 Meters.

A. Ownership. The water department shall own and maintain all water meters. The water department shall not pay rent or any other charges for a meter or other water facilities, including housing and connections, located on a customer’s premises.

B. Installation. Installation of water meters shall be performed only by authorized employees of the water department. All meters shall be sealed by the water department at the time of installation, and no seal shall be altered or broken except by one of its authorized employees.

C. Size and Type of Meter. An applicant may request and receive any size meter regularly stocked or furnished by the water department; provided, that the request is reasonable; and further provided, that the meter is not greatly oversized or undersized, as determined by the superintendent. The water department reserves the right to determine the type of meter to be installed.

D. Location of Meters. Meter shall normally be placed at the property line closest to the water main; the meter may be installed wherever the applicant desires, within reason, but the location must be approved by the water department. A meter shall not be located in a driveway or other locations where damage to the meter or its related parts may occur.

E. Joint Use of Meters. The joining of several customers to take advantage of the single minimum charges or large quantity rates is prohibited, except under special contract. Where multiple users are receiving water from a single meter, the applicant for service shall be considered the customer and shall be responsible for all charges.

F. Changes in Size or Location. If, for any reason, a change in size of a meter and service is required, the installation shall be accomplished on the basis of a new connection, and the customer’s application shall be amended. Meters or services moved for the convenience of the customer shall be relocated only at the customer’s expense. (Ord. 7-1988 § 7)

13.05.080 Water rates.

The water rates to be charged, including base rate charges, charges for water used over the specified minimum, fire hydrant rates, and service connection charges, shall be published in a separate water rate schedule adopted by council resolution following public hearing. All water used, with the exception of that used for fighting fires, shall be metered and a charge made according to the schedule of water rates. (Ord. 7-1988 § 8)

13.05.081 Fee imposed – Use of proceeds.

There is hereby imposed a fire suppression fee on all water service accounts served by the city’s water department within the corporate limits of the city. All monies generated by the fee shall be used solely for the payment of costs associated with fire suppression including those associated with the implementation of any intergovernmental agreement(s) for the delivery of fire suppression services and the administration of said contract by the city. (Ord. 18-2000 § 1)

13.05.082 Classes of users.

The fee imposed under the terms of FMC 13.05.081 may differentiate only as between the following three user classes and not otherwise: residential water users, commercial water users and industrial water users. (Ord. 18-2000 § 1)

13.05.083 Fee adjustments.

In the event the city believes the fee amount imposed by the terms of FMC 13.05.081 should be adjusted, the council may do so by resolution. Any change in the fee shall become effective not sooner than the thirtieth day following the passage of the resolution by the council. (Ord. 18-2000 § 1)

13.05.090 Notices.

A. Notices to Customers. Except as otherwise provided in this chapter, notices from the water department to the customer shall be given in writing and either mailed or delivered to the customer’s last known address. In emergencies, the water department may notify by telephone or messenger.

B. Notices from Customers. Notices from customers to the water department may be given by the customer or authorized representative orally or in writing at the office of the water department, or to an agent of the water department duly authorized to receive notices or complaints. (Ord. 8-2011 § 1 (Exh. A); Ord. 7-1988 § 9)

13.05.100 Billing and payment.

A. Meter Readings. Meters shall be read and customers billed on the basis of the meter reading, according to the rate structure established by council resolution. The water department shall keep an accurate account on its books of all readings of meters, and the account so kept shall be offered at all times, places, and courts as prima facie evidence of the use or water service by the customer.

B. Rendering of Bills.

1. Billing Period. Meters shall be read and bills rendered monthly.

2. Bills for Other Than Normal Billing Period. Opening or closing bills or bills that for any other reason cover a period containing 10 percent more days or 10 percent less days than in the normal billing period shall be prorated.

3. Bills for More Than One Meter. All meters supplying a customer’s premises shall be billed separately; except:

a. Where the water department has, for operating purposes, installed two or more meters in place of one, the readings may be combined for billing.

b. The customer has elected to receive statement billings summarizing activity in lieu of individual bills. Statement billing may be requested by contacting the utility billing clerk.

C. Disputed Bills. A customer who disputes the correctness of a bill shall deposit with the city of Fairview the amount of the disputed bill at the time the complaint is lodged to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in similar manner. Failure of the customer to make the deposit shall warrant discontinuance of service as provided under this section.

1. Adjustment of Disputed Bills Due to Leakage. Water furnished by the city of Fairview shall not be permitted to run to waste. Leaks in private pipes shall be repaired as soon as detected. Repairs need to be made within 10 days after the leak is discovered along with proof of repairs having been made. The customer is responsible for all water costs through leakage, frozen pipes, and/or other causes beyond the 10-day period. Adjustment of the water bill will be handled administratively.

D. Failure to Read Meters. In the event that it is impossible or impractical to read a meter on the regular reading date, the water consumption shall be prorated on the basis of 30 days per month, and the total water consumption for billing purposes for the period shall be estimated.

E. Payment of Bills. Each bill rendered shall contain the due date of the 15th of the month. If the bill is not paid by that date, the account shall be considered past due unless other arrangements have been made with the city recorder or designee, in writing, that specify another due date.

F. Past Due and Delinquent Accounts.

1. If a bill is not paid by 5:00 p.m. 10 days after the due date designated on the bill, penalties shall be assessed on all past due charges. Assessed penalties combine with the delinquent balance and are immediately considered past due.

2. If a bill is not paid within 30 days after the due date designated on the bill, the account shall be considered two months delinquent. If a bill is not paid within 10 days of becoming two months delinquent, another penalty shall be assessed on all past due charges, including previously assessed penalties, and a turnoff notice will be mailed specifying that payment must be made by 10:00 a.m. seven days after the turnoff notice was mailed.

3. Customers shall be notified of and have the opportunity to be heard by a city official or employee empowered to resolve any valid objections to the billing prior to the disconnection.

4. Service Turnoff. If payment is not made in full, including assessed penalties, on the date provided in the turnoff notice, then on the turnoff date the city shall deliver a written notice to the customer’s property stating that service is being turned off until all past due and delinquent amounts have been paid. The city may immediately thereafter turn off the service. Service shall be restored after the city receives payment in full of amounts owed, including assessed penalties and any disconnection and connection fees established by the city.

5. Penalty Fees – Late Payments. The penalty on past due accounts and delinquent accounts shall be five percent of all unpaid charges, including previously assessed penalties. Penalty fees will only be assessed on accounts with total balances of $10.01 or more on the date of penalty assessment. Once a penalty has been assessed, any payment to the city shall be applied by the billing system on a weighted average across the utility funds for all unpaid charges.

6. Installment Payments of Delinquent Accounts. In cases of extreme hardship, the city recorder or designee shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory written installment plan for the payment of the overdue amount.

7. Assessment Lien Against Real Property. If payment is not received or a payment agreement has not been arranged within two business days of the turnoff as described in subsection (F)(4) of this section, the city recorder or designee shall provide notice to the real property where the water was used or charges incurred and, if different, to the last known address of the property owner stating the amount owed, the description of the real property involved, and a statement that if the amount owed is not paid within 15 days from the date the notice is mailed, the real property involved will be subject to an assessment lien in the amount of the delinquent water bill, charge or penalty. If payment is not made within the 15-day period, the city recorder or designee shall enter in the lien docket of the city a lien against the real property. The city may proceed to foreclose the lien in the manner provided by law for the collection of liens on real property.

8. Change in Property Ownership. Customers shall provide notice to the city of a change in ownership of property receiving water service. Upon notice from a customer that the property will be changing ownership, the city may place a lien upon the property for the final bill and payment for services. The lien shall be released once the final bill has been paid and satisfied in full. (Ord. 2-2016 § 1 (Exh. A); Ord. 6-2014 § 1 (Exh. A); Ord. 8-2014 § 1 (Exh. A); Ord. 8-2011 § 1 (Exh. A); Ord. 4-1996 § 1; Ord. 7-1988 § 10)

13.05.110 Meter error.

A. Meter Accuracy. All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service that is known to have an error in registration in excess of three percent under conditions of normal operation.

B. Meter Test.

1. Standard Test. Meter tests will be conducted in accordance with standards of practice established by the American Water Works Association.

2. On Customer Request. A customer may, giving not less than seven days’ notice, request the water department to test the meter serving his premises. The water department will require the customer to deposit the testing fee as established by the council resolution. The deposit will be returned to the customer if the test reveals the meter to over-register more than three percent under conditions of normal operation. If the meter is operating satisfactorily, or if the meter under-registers more than three percent under the standard test conditions, the deposit shall be forfeited to the water department. Customers may, at their option, witness any meter tests that they request.

3. On Water Department Request. If, upon comparison with past water usage, it appears that a meter is not registering properly, the water department may, at its option, test the meter and adjust the charges accordingly if the meter either over-registers or under-registers. No charge for the meter testing will be made to the customer for the meter test under these conditions.

C. Adjustment of Bills for Meter Error.

1. Fast Meters. When, upon test, a meter is found to be over-registering more than three percent under normal operating conditions, the water department will credit to the customer’s account the full amount of the overcharge, based on the corrected meter readings, not exceeding two regular billing periods that the meter was in use.

2. Slow Meters. When, upon test, a meter is found to be under-registering more than three percent, the water department may bill the customer for the amount of the undercharge, based upon the corrected readings, not exceeding two regular billing periods that the meter was in use.

3. Nonregistering Meters. The water department will bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based on the customer’s prior use during the same season of the previous year, or on a reasonable comparison with the use of other customers receiving the same class of service during the same season and under similar circumstances and conditions, or both. (Ord. 7-1988 § 11)

13.05.120 Discontinuance of service.

A. On Customer Request. Each customer about to vacate any premises supplied with water service by the water department shall give the water department a request to discontinue service prior to the specific date service is to be discontinued. The customer is responsible for all water supplied to the premises until water service is actually discontinued by the city or two days after the city receives notice, whichever occurs first.

B. Nonpayment of Bills. A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures listed in these rules and regulations.

C. Improper Customer Facilities.

1. Unsafe Facilities. The water department may refuse to furnish water and may discontinue service to any premises without prior notice where plumbing facilities, appliances or equipment using water are dangerous, unsafe, or not in conformity with the state plumbing code.

2. Cross-Connections or Physical Connections with Other Water Supplies or Systems.

a. Neither cross-connections nor physical connections of any kind shall be made to any other water supply, whether private or public, without the written approval of the water department. Included in this category are all pipelines, appurtenances, and facilities of the water department’s system; and all pipes, appurtenances, pumps, tanks, storage reservoirs, facilities, equipment, and appliances of other systems, whether located within or on public or private property, or the premises of a water user.

b. The superintendent or other authorized representative shall have the right, without being considered guilty of trespass or unlawful act, to check the premises of users for physical connections with other water supplies. Any such connection shall be removed immediately by the customer; otherwise the water department shall discontinue any connection that it may have for the serving of water to the premises.

c. All plumbing within the building served by the water department shall be so installed and all plumbing fixtures so constructed as to prevent pollution of water supply by back siphonage or cross-connections. Water service to any premises known or found to have such defects and hazards shall be disconnected and not restored until the defects and hazards have been eliminated.

4. Water Waste. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the water department may discontinue service if the conditions are not corrected after due notice by the water department.

5. Service Detrimental to Others. The water department may refuse to furnish water and may discontinue service to any premises where excessive demand by one customer will result in inadequate service to others.

6. Fraud or Abuse. The water department will refuse or discontinue service to any premises where it is considered necessary to protect the water department from fraud or abuse. Discontinuance of service for one or both of these causes will be made immediately upon receipt of knowledge by the water department that the condition or conditions exist.

7. Unauthorized Turn-on. Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed. The charges for shutting the water at the main or removing the meter shall be computed at actual cost to the water department, plus 15 percent overhead, but not less than $10.00. These charges shall be billed to the offending customer, and the water shall not be furnished to the premises until the charges are paid and the water department has reasonable assurance that the violation will not recur.

8. Noncompliance with Rules and Regulations. The water department may, upon five days’ notice, discontinue service to a customer’s premises for failure to comply with any of the provisions of these rules and regulations. This subsection does not prevent immediate continuance when authorized by this chapter. (Ord. 7-1988 § 12)

13.05.130 Restoration of service.

A. Restoration of service after discontinuance for nonpayment of bills shall be made after payment of past-due charges, plus any restoration charge that may be provided by council resolution, and posting a deposit as provided by this chapter.

B. Restoration of service after discontinuance of service for the customer’s convenience, or for unsafe facilities, water waste, fraud, abuse, or for noncompliance with any of the rules and regulations, shall be made. If discontinuance of service has occurred because of irregularities, restoration of service will only occur after adjustments have been made to ensure that the irregularity will not recur. The restoration charge shall be as provided by council resolution, plus any other charges, due or past due, that the water department may have incurred to correct the irregularity. (Ord. 7-1988 § 13)

13.05.140 Unusual demands.

A. When an abnormally large quantity of water is desired for filling a swimming pool, log pond, or for other purposes, arrangements must be made with the water department prior to taking the water.

B. Permission to take water in unusual quantities will be given only if the water department facilities and other consumers are not inconvenienced. (Ord. 7-1988 § 14)

13.05.150 Access to property.

The duly appointed employees of the water department, under the direction of the superintendent, shall have free access at all reasonable hours of the day to any and all parts of structures and premises in which water is or may be delivered for the purpose of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used. The water department does not, however, assume the duty of inspecting the customer’s line, plumbing, and equipment, and shall not be responsible therefor. (Ord. 7-1988 § 15)

13.05.160 Responsibility for equipment.

A. Responsibility for Customer Equipment. The water department shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing, or equipment, nor shall the water department be liable for loss or damage due to interruption of service or temporary changes in pressure. The customer shall be responsible for valves on the premises being turned off when the water service is turned on.

B. Responsibility for Water Department Equipment. Water department equipment on the customer’s premises remains the property of the water department and may be repaired, replaced, or removed by the water department employees at any time without consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace, or remove water department equipment on the premises. The property owner and tenant shall exercise reasonable care to prevent damage to equipment and shall not interfere with its operation.

The property owner and tenant must keep vicious dogs or other animals secure or confined to avoid interference with the utility operation and maintenance.

C. The water department may, at its option, install pressure reducing valves at the expense of the water department, and for the purpose of reducing pressures from the distribution mains only in order to protect the water department’s meter. The installation of a pressure-reducing valve is not designed nor intended to protect any property beyond the meter to the customer’s lines. If any property of the customer, after water passes through the meter, is subject to damage by reason of water pressure changes therein, the loss or damage that may result to the customer’s property will be at the sole and exclusive expense of the customer and shall not be a responsibility of the water department. Failure of water department control valves or devices will not in any way indicate negligence by the water department or responsibility for damage caused thereby.

D. Damage to Water Department Equipment. The customer shall be liable for any damage to equipment owned by the water department that is caused by an act of the customer, the customer’s tenants, agents, employees, contractors, licensees or permittees. Damage to equipment shall include but not be limited to breaking of seals and locks; tampering with meters; injury to meters, including but not limited to damage by hot water or steam; and damaged meter boxes, curb stops, meter stops, and other service appurtenances.

E. Damage to Mains, Valves, and Appurtenances by Others. When underground mains, valves, and other city water department equipment is damaged by a contractor or private individual, the entire cost of repairs shall be borne by that contractor or individual.

F. The water department shall be notified before excavation by others on city rights-of-way and easements, so location of water pipes and other buried utilities can be established by the city at no cost to the requesting party. (Ord. 7-1988 § 16)

13.05.170 Fire hydrants.

A. Operation. No person or persons other than those designated and authorized by the water department shall open any fire hydrant or standpipe belonging to the water department, attempt to draw water from it, or in any manner damage or tamper with it. No tool other than special hydrant wrenches shall be used to operate a hydrant valve. In cases where a temporary service has been granted and water is received through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.

B. Moving a Fire Hydrant. When a fire hydrant has been installed in the location specified by the proper authority, the water department has fulfilled its obligation. A property owner or other party who desires to change the size, type, or location of the hydrant shall bear all costs of the changes. Any change in the location of the fire hydrant must be approved by the water department. (Ord. 7-1988 § 17)

13.05.180 Underground utilities.

No person or persons other than those designated and authorized by the water department shall operate, adjust, or in any manner tamper with any part of the water system of the city. (Ord. 7-1988 § 18)

13.05.190 Penalties.

A violation of any provision of this chapter is punishable by a fine not to exceed $500.00. (Ord. 7-1988 § 19)

13.05.200 Amendments.

A. City Council. The city council shall have the power to establish water rates and charges and amend these rules and regulations as may be necessary for the efficient operation of the water department following public hearing thereupon.

B. Suspension of Rules. No employee of the water department is authorized to suspend or alter any of the rules and regulations cited herein without specific approval or direction of the council, except in cases of emergency involving loss of life or property or which would place the water system operation in jeopardy. (Ord. 7-1988 § 20)

13.05.210 Prohibiting any free service.

Except for service to the city, the water department shall not furnish any water or perform any service to any individual, firm, corporation, association, or institution free of charge or at a reduced rate or for any other consideration than the regular established rate or charges levied through a contractual agreement approved by the council or otherwise provided by this chapter. (Ord. 7-1988 § 21)