Chapter 13.05
WATER SERVICES
Sections:
13.05.020 Application for city water service.
13.05.030 Discontinuance of service.
13.05.040 Rules and regulations.
13.05.050 Use of fire hydrants.
Prior legislation: Ords. 66 and 108.
13.05.010 Definitions.
As used in this chapter:
A. “Abandoned” means a property or service that has been turned off for more than one year and must pay system development charges to return to the system.
B. “Base rate” means the minimum monthly service charge.
C. “Bulk service” means temporary use of fire hydrants for water service.
D. “Charge” means any sum of money assessed against any person by the city for water or sewer services supplied to such person.
E. “City” means the city of Garibaldi, Oregon.
F. “Disconnection” and “reconnection” means that the water meter has been physically removed and/or the sewer service capped; and vice versa.
G. “Due” means the day the city deposits in the United States Post Office a written notice of a charge.
H. “Installation” means that a service line has been created off the city water and sewer system, including the addition of a water meter and/or connection of the sewer line to the property.
I. “Satisfactory credit” means no water shut-off notices hand delivered, and/or temporary shut-off of service for nonpayment during a three-year period.
J. “Sewer” includes all services rendered by the city for sewer users in connection with the transportation, treatment or disposal of sewage effluent.
K. “Turn-on” and “turn-off” means that the water meter is physically engaged or disengaged by the city for a period of less than one year.
L. “User” means any natural person, corporation, association, firm, partnership or legal entity that applies for city water service. Such user may include the owner, lessee, or occupant of the property to which service will be or is supplied.
M. “Visit” means hand delivery of shut-off notice to the user’s premises.
N. “Water” includes all services rendered by the city for water users in connection with the supplying of water to each user. [Ord. 284 § 1, 2005; Ord. 184 § 1, 1991.]
13.05.020 Application for city water service.
A. Application. A request for city water service, other than a request for the restoration of discontinued service described in GMC 13.05.030, but including a request as described in Rule 4 (GMC 13.05.040(D)) and a request of a renewal of a service line, or a request for a water or sewer connection as described in Rule 13 (GMC 13.05.040(M)), shall be made by written application and submitted to the recorder’s office.
B. Deposit. The application shall be signed by the applicant and state the location for which service is requested, the address to which bills are to be sent, information adequate to determine which utility rates shall apply, and such other information as may be reasonably required by the city administrator.
If the applicant is a person other than the owner of the premises as shown by the records of the Tillamook County clerk, the applicant shall obtain the signature of the owner on a form provided by the city administrator in which the owner agrees to accept liability for delinquent bills.
Upon application for service, a deposit shall be paid by the applicant in the amount of one month’s base rate for the same class or category of customer as the applicant.
C. Refund of Deposit. A refund of the water service deposit will occur when a user shows a satisfactory credit performance for one year. If it becomes necessary to make one or more visits to enforce collection and/or shut-off for nonpayment during the one-year period, the city shall retain the deposit. The deposit will be held for an additional year from the date of the last visit to the user’s premises for collection for nonpayment of a bill.
1. A refund of the deposit will occur upon user’s requesting discontinuance of service; provided, that all outstanding bills are paid in full. The deposit may be applied to the final bill.
2. If an account is shut off for nonpayment, the deposit shall be held as security until the outstanding balance is paid. The deposit will only be applied to the outstanding balance when the account is closed and no further water service is required by the user; the remaining balance of the deposit used to pay outstanding bills will be refunded to the user.
D. Water Service to Multiple Unit Customers. If one building houses two or more apartments, households, or business establishments, the water may be served through one meter or it may be served through a meter for each separate apartment, household, or business establishment, at the discretion of the city. Under normal circumstances, all water meters shall be installed on city property. If a customer wants one or more meters to be installed on private property, the customer is entirely responsible for installing and maintaining the service line and customer’s line from wherever it first crosses onto private property, except that the city shall own, install and maintain all water meters and water gaskets, and shall have reasonable access to said meters and gaskets to do so. The owner of the premises as shown by the records of the Tillamook County clerk shall be responsible for payment of all water charges. [Ord. 245 § 1, 2000; Ord. 244 §§ 1, 2, 2000; Ord. 192 § 1, 1992; Ord. 184 § 2, 1991.]
13.05.030 Discontinuance of service.
A. Whenever any customer shall fail to pay a charge within 30 days after the same is due, the city shall send a written notice pursuant to Rule 16 (GMC 13.05.040(P)). The notice shall be deemed given when deposited by first class mail in the U.S. Post Office, addressed to the billing address on file for said customer and with postage prepaid.
B. Disconnection from the System for Nonpayment. A property owner who has been turned off for nonpayment may be turned on or reconnected to the system based upon fees set by resolution and according to the following:
1. Within One Year After Turn-Off. A property owner may be turned back on within one year of being turned off, if the property owner pays all delinquent charges, costs and fees including those incurred by the city in carrying out the provisions of this section or otherwise set by resolution.
2. Between One and Two Years After Turn-Off. One year after service has been turned off, the service is considered abandoned. At this time, a final bill will be assessed including all delinquent charges, costs and fees including those incurred by the city in carrying out the provisions of this section (no turn-on fee will be assessed.) The water and sewer service will be disconnected (water meter will be removed and sewer service capped) from the system and a water and sewer disconnection fee will be added to the final bill. No further charges will be assessed to a property owner’s account that is abandoned. To reconnect to the system, the property owner will need to pay the final bill, a water and sewer reconnection fee and system development charges except for the sewer SDC.
3. After Two Years. To reconnect to the system, the property owner will need to pay all bills, fees and charges as in subsection (B)(2) of this section, plus a sewer system development charge.
C. Disconnection from the System by Property Owner’s Choice. A property owner may choose to disconnect from the system in one of two ways: (1) if the property owner has decided to raze the improvement; or (2) if the property owner does not plan to use the improvement. If a property owner chooses to disconnect from the system then the following process will be followed:
1. Immediate Disconnection. A property owner may at any time request immediate disconnection from the system. The water and sewer service will be disconnected (water meter will be removed and sewer service capped) from the system and a water and sewer disconnection fee will be added to the final bill. (No turn-off fee will be charged.) No further charges will be assessed to the account. Any property that has been immediately disconnected will be assessed system development charges to reconnect to the system.
2. Within One Year After Turn-Off. A property owner may request that their service be turned off, however a minimum sewer charge will continue to be assessed pursuant to USDA loan requirements. A property owner must turn on their service within one year of the turn-off to avoid service being abandoned.
3. Between One and Two Years After Turn-Off. Service that is not turned on within one year after the initial turn-off will be assessed a final bill including the outstanding balance (if any). At the end of one year of the service having been turned off, the service is considered abandoned. The water and sewer service will be disconnected (water meter will be removed and sewer service capped) from the system and a water and sewer disconnection fee will be added to the final bill. No further charges will be assessed to a property owner’s account that is abandoned. To reconnect to the system, the property owner will need to pay the final bill, a water and sewer reconnection fee and system development charges except for the sewer SDC.
4. After Two Years. To reconnect to the system, the property owner will need to pay all bills, fees and charges as in subsection (C)(3) of this section, plus a sewer system development charge.
D. It shall be unlawful for any person to interfere with or prevent any agent or employee of city from shutting off the water or sewer service to any building, place or premises to which city has ordered the cessation of water or sewer service.
E. The city may use such means of collection or enforcement of delinquent utility charges as provided by the laws of the state of Oregon, or are authorized by the Charter and ordinances of the city. In addition to any other remedy provided by law, any delinquent utility charge may be collected by an action at law against the utility user and owner of the property served.
F. Residential service shall not be terminated for nonpayment on, or the day prior to, a weekend or holiday. [Ord. 284 § 2, 2005; Ord. 266 §§ 1, 2, 3, 2002; Ord. 244 §§ 3, 4, 5, 2000; Ord. 184 § 3, 1991.]
13.05.040 Rules and regulations.
From and after the passage and adoption of the ordinance codified in this chapter, and its approval by the mayor, the following rules and regulations for the distribution and use of water and sewer service by the city of Garibaldi, Oregon, shall apply and be in full force and effect:
A. Rule 1 – Responsibility for Payment. All water and sewer charges for services provided by city to a property shall be the responsibility of the property owner, unless other arrangements have been made in writing with the city pursuant to GMC 13.05.020.
B. Rule 2 – Additional Charge for Multiple Use. Any user who allows another person not connected with the main to draw water through his or her faucet, or who allows another such person to tap his or her water or sewer pipeline, shall be charged additionally at schedule rates. One detection of such prohibited use is sufficient for such additional charge.
C. Rule 3 – Separate Control of Water Service. A separate service direct to the tap in the main shall be required for each residence, building or business that is supplied with water, and service pipes must be placed so that the supply to each residence, building or business may be controlled by a separate stop-cock placed within and near the line of the street curb. If a separate stop-cock has not been installed, and the city is called for emergency shut-off, the user shall be assessed a fee for the emergency call, and subject to a fine for noncompliance.
D. Rule 4 – Reconnection Fee After Discontinued Use. When water or sewer service is requested for a premises that has been abandoned, such service shall be provided for as determined in GMC 13.05.030.
E. Rule 5 – Commercial User Curtailment. When a commercial user, whether new or old, requests water service, which will involve consumption at a rate in excess of 70,000 gallons per day or 50 gallons per minute, such user shall be subject to curtailment of water services if a shortage of water supply develops within the city system. A priority as to water use shall be based upon the date of connection for each commercial user and water use curtailment shall commence with the last commercial user to receive service and shall then be extended backward in time to other commercial users until an adequate water supply is available for all residential and other priority users.
F. Rule 6 – Temporary Discontinuance of Service. Should a user desire to discontinue water or sewer service supplied to any residence, building or business, notice shall be given to the city, together with payment of a disconnection fee and of all outstanding charges.
G. Rule 7 – Shut-off for Repairs. Should the city at any time shut off water or sewer service from the mains for repairs or other necessary purposes without notice, city shall not be responsible for any consequent damages to boilers, pipes, fixtures or other equipment. The city, however, will give notice whenever possible.
H. Rule 8 – Liability for Leakage and Damage. A user shall keep all pipes, fixtures and other equipment associated with water or sewer service on the premises in good repair at his or her own expense, and shall be liable for any leakage, overflow or breakage thereto and for all damages which may result from the failure to do so. When city becomes aware of any such leakage, overflow or breakage, the user will be notified and, if appropriate repairs are not made within a reasonable time after such notice, the water or sewer service may be shut off and not restored until such repairs are made.
I. Rule 9 – Waste of Water. No user shall allow water to run to waste through any faucet or fixture in order to prevent freezing, or allow water to run at any time longer than necessary for its proper use. No reduction shall be made by the city in the charge for water service as the result of an interruption, shortage or wastage caused by freezing or leakage.
J. Rule 10 – Permit Required for Connection Work. No plumber or other unauthorized person shall be allowed to make connections with the water or sewer mains of the city, to make any alterations in any conduit, pipe or other fixture connecting therewith, to connect pipes when they have been disconnected by the city, or to turn water or sewer service off or on for any premises, without permission from the city.
K. Rule 11 – Access to Premises. Agents for the city may have free access, at proper hours of the day, to all parts of the building and premises in which water or sewer service may be provided from the mains of the city, for the purpose of inspecting the condition of the pipes and fixtures and to determine the purpose of manner in which the water or sewer service is being provided.
L. Rule 12 – Service Pipes and Main Connections. On streets where water or sewer mains are laid, the city shall own, furnish, operate and maintain the replacement of the service connection between the main and the property lines or curb lines. A fee shall be charged for renewal of a service line. Fees shall be charged for water and sewer service connections, which are payable in advance. Additional charges may be added as incurred by the connection project. Such fees constitute reimbursement to the city for its costs for providing such service.
M. Rule 13 – Extensions. Extensions of a water or sewer main will be made by the city along streets, roads, highways or satisfactory rights-of-way, and only in those cases where pressure conditions permit. The city will specify the size, character and location of pipes and appurtenances, and all construction work will conform to recognized standards. If the total length of a required main exceeds 100 feet per user, the users directly benefitted thereby will be required by the city to pay that portion of the construction cost for such main which exceeds the 100 feet per user cost, plus interest, or per frontage foot, plus the hook up fee with payment being due when service connection has been completed. Such fees constitute reimbursement to the city for the costs of providing such services. Design and construction is to be in accordance with the city’s public engineering standards. The city administrator and the public works superintendent are authorized to provide direction on and clarify the use of the city’s standards using sound engineering practice.
N. Rule 14 – Sprinkling and Irrigation. A user shall not use water for sprinkling or irrigation, except between the hours established by the city and only through an approved nozzle or spray stand. Upon vote of the city council, city may refuse water for sprinkling or irrigation.
O. Rule 15 – Bill Payment Schedule.
1. Water charges as herein provided are due and payable at the office of the city administrator on the first of the month.
2. Upon rate increases, customers who have paid utility bills in advance shall nonetheless be required to pay the increased rate.
3. Effective November 1, 2000, if such charges are not paid within 20 days following mailing of the utility bill a one percent per month penalty will be assessed and added thereto. Failure to pay charges within 60 days following mailing of the utility bill shall entitle the city to turn off the water from the premises where the same has been used and where the delinquency exists, pursuant to Rule 17 (subsection Q of this section) and GMC 13.05.030(A).
4. Effective November 1, 2000, a late fee of $5.00 shall be assessed against any city utility account when a shut-off notice is sent, to cover the production and mailing of said notice. The late fee shall be added to and become part of the outstanding balance against the account, and shall bear interest at the same rate as the outstanding balance.
5. A “door-hanger” tag shall be written that may be placed on the door of the dwelling or business of any unpaid account which is subject to shut-off for nonpayment pursuant to subsection (O)(3) of this section. A “door-hanger” tag fee, in an amount to be specified by resolution of the city council, shall be assessed at the time the tag is written. Said fee shall be added to and become part of the outstanding balance against the account, and shall bear interest at the same rate as the outstanding balance.
6. The city shall keep a record of the time and placement of all notices on “door-hanger” tags and the placement of such tag shall constitute a presumption of notice allowing the city to shut off service, whether or not actual notice was provided the home or business owner by placement of such tag.
7. The “door-hanger” tag shall state that the third day following placement of the tag is the final due date, with shut-off to occur before noon on that day unless the date falls on a Friday or holiday, in which case shut-off will occur before noon on the next city business day.
8. If the amount stated on the “door-hanger” tag (including the tag fee) is paid in full before the tag is hung, city staff will make a reasonable effort to recall the tag so that it is not hung at the service location.
9. Whenever it is necessary to turn delinquent utility bills over to collection agencies for collection, a fee of up to 50 percent of the outstanding balance, including interest and late charges, shall be assessed and added to the balance owing. The amount of the assessment shall be equal to the amount retained by the collection agency as its fee for collection.
10. Prior to the shut-off of water service for nonpayment, a customer may contact the city to make payment arrangements. Payment arrangements must be approved by the city administrator or his or her designee, and if made, shall take into account (a) the city’s needs, (b) the customer’s past payment record and probable ability to meet the payment schedule in light of the circumstances (i.e., unemployment, illness, etc.) causing delayed payments, and (c) the size of the bill and length of time outstanding. If payment arrangements are made and the customer fails to comply therewith, the city may, at the city’s option, terminate service for nonpayment without further notice to the customer.
P. Rule 16 – Penalty for Delinquency. Upon failure of a user to comply with the rules and regulations established as a condition for the use of water or sewer service, or to pay the water or sewer rates in the time and manner provided herein, city, after 15 days’ written notice, may shut off use of water or sewer service to such user and may refuse further service until all rules are complied with, and until all charges, including a turn-off and turn-on fee, have been paid in full.
Q. Rule 17 – Penalty for Turning Service on Without Authority. If water or sewer service, which has been shut off at the stop-cock at the curb, is turned on by a person who was not authorized to do so by the city, city may excavate the street and shut off the water or sewer service at the tap of the main, and city may refuse further service until all charges, including the cost of cutting and replacing the street, a turn-off and turn-on fee, have been paid in full. [Ord. 312 § 2(B), 2009; Ord. 284 §§ 3, 4, 2005; Ord. 262, 2002; Ord. 244 §§ 6, 7, 2000; Ord. 203 § 1, 1993; Ord. 184 § 4, 1991.]
13.05.050 Use of fire hydrants.
A. Authorization. No person, except authorized city employees and members of the fire department, shall operate, alter, remove, draw water from, disconnect, connect with or tamper in any manner with any fire hydrant owned or operated by the city without first obtaining a permit from the public works department.
B. For Sale of Bulk Service. Organizations, municipalities and/or individuals may purchase water via a fire hydrant (three-inch meter) by acquiring a permit from the public works department and paying the fees set forth by resolution. There are four criteria for determining the rate for bulk service: finite, temporary, supervised and unsupervised. The two rates for bulk water service are:
1. “Bulk service rate (finite)” shall be used for filling known or “finite” quantities such as tanks, swimming pools, log ponds and other such purposes for a one-time usage. The bulk service rate is the three-inch base rate divided by the total number of gallons pumped up to the maximum total number of gallons listed for the three-inch base rate. Additional usage is charged at the overage amount per 1,000 gallons.
a. Supervised. Finite bulk service is considered supervised if a public works employee observes the pumping for the duration. For this use there is no deposit.
b. Unsupervised. Finite bulk service is considered unsupervised if a public works employee will not be observing the pumping other than to hook up and disconnect the hydrant.
2. “Bulk service rate (temporary)” shall be used by contractors or others needing sustained, but temporary, service. This bulk service is charged the three-inch base rate including overage amounts and is billed monthly. Temporary bulk service is not prorated. This is considered an unsupervised use and requires a deposit and monthly meter checks. [Ord. 284 § 5, 2005; Ord. 184 § 5, 1991.]
13.05.060 Rates and fees.
A. Rates and fees relating to water and sewer shall be established by resolution of the city council.
B. The use of all water provided by the city of Garibaldi to customers shall be metered. The installation of a water meter, either at the direction of the city or at a customer’s request, shall be entirely at the customer’s expense.
C. There are no part-time or vacation rates in the city. There shall be a charge for each request to shut off water service, and there shall be a charge for each request to turn on water service after it has been shut off. Prior to reconnection of water service, all past due charges must be paid in full.
D. The fees and rates referred to in this section constitute reimbursement to the city for the cost of providing such services. [Ord. 244 § 8, 2000; Ord. 184 § 6, 1991.]