Chapter 13.04
WATER REGULATIONS AND FEES
Sections:
13.04.010 Request for water service required.
13.04.020 Installation charges.
13.04.050 Service—Discontinuance.
13.04.055 Tampering with water meters.
13.04.060 Metering and billing regulations.
13.04.065 Temporary suspension of water charges.
13.04.070 Rates—Schedules—Reduced rates.
13.04.075 Charge determined by North Clackamas County Water Commission.
13.04.080 Water payment—Duties of the city.
13.04.090 Water main extensions.
13.04.100 City responsibility to furnish water—Nonliability.
13.04.110 City’s right to suspend service during repairs—Notice to consumer.
13.04.120 City’s right to give certain preferences of service.
13.04.130 Outside services may be disconnected in case of water shortage.
13.04.140 Penalty imposed for damaging waterlines.
13.04.160 Consumer responsibilities.
13.04.170 City Council power to amend or make special rules or contracts.
13.04.010 Request for water service required.
All requests for water service shall be in writing and signed by the occupant of the premises. The request shall include the name and address of the property owner. If the premises to be served is a rental, the request for service shall so state. Submission of the request for water service is the applicant’s agreement to promptly pay the bill when presented and to abide by all the rules and regulations of the city water department and the laws governing municipal water supplies.
Statutory Reference: ORS Ch. 225 and 448.
History: Ord. 829 §1, 1974; Amended during 1980 codification; Ord. 1038 §1, 1985; Ord. 1151 §3, 1991.
13.04.020 Installation charges.
(1) Installation charges shall be as follows:
(a) Water meter (1) when service is not provided by the city:
3/4" meter: $175.00
1" meter: $325.00
1 1/2" meter: $890.00
2" meter: $1,125.00
(b) Water meter (1) when service is installed by the city:
3/4" service: $1,260.00
1" service: $1,460.00
1 1/2" service: $2,370.00
2" service: $2,750.00
(2) All services over two inches (2"), two thousand four hundred fifty dollars ($2,450.00) plus materials, labor and equipment necessary to provide the service from the city main to, at or near the curb line of the property of the applicant. All installation charges are based on the average actual cost of the installation. Actual cost shall have the meaning as defined in HB2550.
(3) Installation charges in sub-sections (1) and (2) shall be adjusted by the City Administrator or designee on July 1 of each year to account for increases or decreases in costs during the previous twelve months according to the Engineering News Record (ENR) Construction Cost Index for the Seattle Area, unless otherwise adjusted based on an evaluation of actual installation costs.
Statutory Reference: ORS Ch. 225 and 448.
History: Ord. 829 §2, 1974; Ord. 953 §1, 1979; Ord. 1038 §§ 2, 3, 1985; Ord. 1151 §3, 1991; Ord. 1276 §1, 1998; Ord. 1320 §1,2001, 1410, 2008.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.04.030 Service—Connection.
(1) The city’s meter box shall be so located at or near the curb line so as to make the meter easily accessible from the city’s distribution lines and convenient for the installation, operation, protection and maintenance of the city’s meter and equipment.
(2) It is unlawful for anyone to tamper, remove, damage, cover or obstruct access to any of the city’s meters.
(3) It shall be the expense of the consumer to install and maintain connections to the meter. Installation shall be so constructed that all water used by the consumer shall pass through the meter.
(4) It shall be required that consumer install a shut off valve on his line somewhere outside the meter box.
(5) Under no circumstances will a consumer be permitted to sell, trade, bargain or extend water service to anyone.
(6) No plumber or other person shall be permitted to make any connections with the mains or pipes of the city, make alterations in any conduit, pipe or fixture connected therewith, connect pipes when they have been disconnected therewith or turn on water from the city mains or pipes without permission from the city engineer. Plumbers doing any work by which water may be drawn from the city mains and pipes, shall do so only after getting permission from the city engineer.
(7) Approved back flow preventing valves are required to be installed at the expense of the property owner on services to establishments or businesses and on irrigation systems as set forth in Chapter 13.05 (water supply cross-connections).
(8) If pressure reducing valve is desired, it may be installed at the expense of the property owner and provided a pressure relief valve is properly installed.
(9) All automatic hot water heaters shall be equipped with a pressure and temperature relief valve and a check valve to prevent hot water damage to the city’s water meter.
Statutory Reference: ORS Ch. 225 and 448.
History: Ord. 829 §3, 1974; Ord. 1038 §4, 1985.
13.04.040 Service—Refusal.
(1) The city may decline to serve any consumer until he has complied with the state municipal regulations governing water service and with the rules and regulations of the city.
(2) The city may decline to serve or increase the service to any consumer if in the opinion of the city it does not have adequate facilities to render the services applied for or if the desired service is of a character likely to unfavorably affect service to other consumers.
(3) The city may refuse to turn on a service under the name of any other member of a family when the head of the household is unchanged and when service had previously been turned off for nonpayment of bills.
(4) The city shall refuse to give service to any consumer whose piping system is connected directly with a well or any other source of supply other than the transmission mains of the city and if such cross-connection is detected on the premises after service has been installed by the city, the city shall discontinue service immediately and without further notice to the consumer.
(5) The city may refuse service to a previous customer who left an unpaid water account and subsequently returns to the city and requests water service.
(6) If a consumer moves from the address to another within the city, his bill at the old address will be transferred to his new address.
Statutory Reference: ORS Ch. 225 and 448.
History: Ord. 829 §4, 1974.
13.04.050 Service—Discontinuance.
(1) Every consumer who is about to vacate any premises supplied with service by the city or who, for any reason, wishes to have such service discontinued shall give notice in advance of specified date of discontinuance of service. Until the city has such notice, the consumer shall be held responsible for all service rendered at this location.
(2) Service may be discontinued for nonpayment of bills or for violation of the rules or regulations after five days written notice or five days after the property is posted with a notice of shut-off. Written notices shall be sent to the property owner or occupant by regular mail. In the case of rental property, the notice shall be sent to both the tenant and the owner of the property at the addresses listed in the request for service. For purposes of this chapter, the terms “owner” and “tenant” shall have the meaning as defined in Oregon Revised Statutes Chapter 91.705. Where fraudulent use of water is detected or where a dangerous condition is found to exist on the consumer’s premises, service may be discontinued without advance notice.
(3) Except as provided in subsection (5) of this section, whenever service is discontinued or turned off for nonpayment of bills or for violation of the rules and regulations, the city shall require payment of a twenty dollar ($20) shut off charge before service is restored.
(4) Whenever service is discontinued because of fraudulent use, the city may require a satisfactory payment for service rendered, in addition to the shut off charge of $20.00, before service is restored.
(5) If the meter is locked or rendered inoperable by the city as the result of nonpayment or fraudulent use and the lock or device is removed, damaged or tampered with, the city shall require payment of a $50.00 penalty in addition to any other charges or penalties to be paid before service is restored.
Statutory Reference: ORS Chs. 225 and 448.
History: Ord. 829 §5, 1974; Ord. 1038 §5, 1985; Ord. 1202 §1, 1994.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.04.055 Tampering with water meters.
(1) No person shall in any way tamper with a water meter or any equipment placed on the meter for the purpose of restricting or preventing water use.
(2) Tampering shall include the definition as set forth in Webster’s Dictionary, or as commonly understood, and includes, but is not limited to, removing any lock or restrictive device, removing or replacing any lock, control device, lever or handle which was removed or placed previously by any city employee.
(3) Person is defined to also include the owner (if owner occupied) or person in control (if rental property) of the property on which the meter or equipment is located, regardless of whether that person is the person who did the tampering.
(4) Violation of this section is a Class “B” misdemeanor.
Statutory Reference: ORS Chs. 225 and 448.
History: Ord. 1170 §1, 1993.
13.04.060 Metering and billing regulations.
(1) The city will install and maintain all meters and necessary equipment to enable the city to render bills for each class of service furnished. All meters and other equipment furnished by the city will be maintained by the city and will remain its property.
(2) The consumer shall give the city or its authorized agents permission to enter the consumer’s premises at all reasonable times for the purpose of installing, inspecting, repairing, testing or removing any or all of its apparatus used in connection with the supply and metering of water.
(3) Meters will be read at the time service is first established and at periodic intervals for billing purposes and at such times as service is discontinued.
(4) The city reserves the right to install such meters or other devices as may be necessary for the detection and prevention of fraud or waste of water, without notice to the consumer.
(5) Should damage result to metering equipment from molesting or willful neglect by the consumer, the city shall repair or replace such equipment and bill the consumer for the costs incurred plus 15%.
(6) The city will, upon written request, test any consumer’s meter without cost to such consumer unless such tests are requested more often than once each 12 months. In cases where a meter is requested to be tested more often than once a year, the consumer shall pay $20.00, the cost of performing the test, if it is found that the meter is not more than two percent fast.
(7) Bills showing separately the consumption in hundreds of cubic feet, and charge for each class of service furnished, charge for excess, and the amount of arrears, which will appear over the heading of OTHER on the bill, if any, will be rendered periodically and will become delinquent if not paid before the last day of the billing period for which the bill was rendered.
(8) Sewer service charges are billed on the water bill and appear over the heading SEWER.
(9) Sewer service charges will be billed according to the charges set forth in an ordinance for the various types of services.
(10) Billing credit for loss of water due to leakage can be made with the approval of the City Administrator or designee when it has been determined that the owner or renter has not been negligent in making leak repairs. The amount of credit may be that which is in excess of the historical average of water used during a similar billing period, but not less than the city’s cost for purchasing water.
(11) In the event an error is made in reading, billing or posting the consumer’s account, such errors shall be corrected immediately and the proper credit made to the consumer or the consumer’s account, or the corrected amount be charged to the consumer, as the case may be.
(12) If a meter is found to be defective, the billing for the period shall be the average of a like six-months’ period of the previous year.
Statutory Reference: ORS Chs. 225 and 448.
History: Ord. 829 §6, 1974; Ord. 1038 §6, 1985; Ord. 1085 §1, 1987; Ord. 1338, 2003.
13.04.065 Temporary suspension of water charges.
(1) Should a consumer desire to discontinue the use of all water supplied to a premise for a period of not less than 30 days, the consumer shall give notice to the city as described in Section 13.04.050(1). Unless and until the city receives such notice, the consumer shall be responsible for all services rendered to the premise. All outstanding water charges shall be paid in full before a consumer receives a suspension under this section.
(2) Once the city has been properly notified and the customer’s outstanding water charges have been paid in full, the water service will be shut off and the city will suspend the consumer’s water charges; however no suspension of charges will be granted for a period of less than 30 days. Upon application to the city, the water service will be turned back on.
Statutory Reference: ORS Ch. 225 and 448.
History: Ord. 1313 §1, 2001.
13.04.070 Rates—Schedules—Reduced rates.
Minimum charges per month for different meter sizes and services are set forth in the city’s Master Fee Schedule.
Statutory Reference: ORS Chs. 225 and 448.
History: Ord. 829 §7, 1974; Ord. 941 §1, 1979; Ord. 994 §1, 1981; Ord. 1037 §1, 1984; Ord. 1062 §1, 1986; Ord. 1068 §1, 1986; Ord. 1085 §2, 1987; Ord. 1104 §§1, 2, 1988; Ord. 1138 §1, 1990; Ord. 1151 §3, 1991; Ord. 1153 §1, 1991; Ord. 1178, 1993; Ord. 1237 §2, 1997; Ord. 1305 §1, 2001; Ord. 1310 §2, 2001; Ord. 1311 §2, 2001, Ord. 1313 §2, 2001; Ord. 1326, 2002; Ord. 1327, 2002; Ord. 1331, 2002, Ord. 1379 §1, 2006, Ord. 1394, 2007; Ord. 1412, 2008; Ord. 1421, 2009; Ord. 1428, 2010; Ord. 1438 §1, 2012; Ord. 1441 §1, 2013; Ord. 1451 §1, 2014; Ord. 1457 §1, 2015; Ord. 1475 Exh. A, 2017.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.04.075 Charge determined by North Clackamas County Water Commission.
Charges for wholesale water purchased from North Clackamas County Water Commission (NCCWC) are set by the Commission. This wholesale water cost is passed along as a charge to the city’s water customers via the city’s utility bill. Any adjustments in wholesale water charges shall be contemporaneously passed along to the city’s water customers and reflected in the next subsequent city water bill.
History: Ord. 1477 Exh. A, 2017.
13.04.080 Water payment—Duties of the city.
It shall be the duty of the city to:
(1) Present an accurate bill to each consumer periodically and to keep an accurate record of all water accounts;
(2) To receive all water payments and record such payments to the respective accounts;
(3) To keep an accurate record of all money received daily and to make daily deposits of the money to the city treasurer;
(4) To make adjustments in records or accounts only in those cases wherein obvious errors occur on the part of the meter readers or in billing or posting the accounts.
Statutory Reference: ORS Ch. 225 and 448.
History: Ord. 829 §8, 1974.
13.04.085 Delinquent charges.
(1) All charges for furnishing water or for services relating to the furnishing of water shall be chargeable to the premises where the water is supplied except for charges for water services to rental or leased property which shall be the obligation of the property owner or the owner’s designee.
(2) The City Administrator shall have the authority to shut off water service to any customer when any water related charge to that customer has not been paid within 30 days after that charge is due and payable.
(3) Before water service is shut off the City Administrator shall give notice to the water user, as well as any other party who has responsibility for payment. Such notice shall state the anticipated date when the water will be shut off, as well as informing the customer of his or her right to request a hearing, and the procedure for requesting the hearing, to challenge the shut off.
(4) Once service is shut off, water shall not again be provided until all outstanding obligations for water provided to that address have been paid, or arrangements for payments have been made with the city.
(5) The City Administrator may allow for continuation of water service prior to payment of outstanding charges if he finds a lack of water would endanger health or cause great hardship. However, if the charges are not paid, then the water may again be shut off and not turned on until the outstanding charges are paid in full or arrangements for payments are made with the city.
(6) The City Administrator may provide for the institution of legal proceedings and contract with third parties for the collection of delinquent water bills and charges. The City Administrator may require a deposit be made to ensure payment of future water bills and charges.
(7) A late charge fee of one dollar will be assessed for any delinquent balance over five dollars for which a reminder notice is mailed. An assessment of five dollars shall be made for any shut off notice required to be mailed.
Statutory Reference: ORS Ch. 225 and 448.
History: Ord. 1038 §7, 1985; Ord. 1237 §1, 1997; Ord. 1312, 2001.
13.04.090 Water main extensions.
(1) The city will make all water main extensions within the city limits at no cost to the property owner, wherein the water service connection fees will amount to the cost of the main extensions.
(2) All lines outside of the city shall be extended only at a cost to the property owner to be benefited. An additional charge for service connections will be made.
(3) A developer or subdivider shall install a minimum size water main of six inches at no cost to the city and it shall become the property of the city one year after being accepted by the city, unless a special agreement has been executed.
Statutory Reference: ORS Ch. 225 and 448.
History: Ord. 829 §9, 1974.
13.04.100 City responsibility to furnish water—Nonliability.
(1) The city will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of pure water to the consumer, and to avoid any shortage or interruption of delivery of same.
(2) The city will not be liable for high or low pressure conditions, interruptions or shortage or insufficiency of supply or any loss or damage occasioned thereby.
(3) The use of water upon the premises of the consumer is at the risk of the consumer and the responsibility of the city shall cease at the point of delivery of water.
Statutory Reference: ORS Ch. 225 and 448
History: Ord. 829 §11(1), 1974
13.04.110 City’s right to suspend service during repairs—Notice to consumer.
The city, whenever it finds necessary, for the purpose of making repairs or improvements to its system, shall have the right to suspend temporarily, the delivery of water, but in all such cases as reasonable notice thereof as circumstances will permit, will be given to the consumer and the making of such repairs or improvements will be prosecuted as rapidly as may be practicable and if practicable at such times as will cause the least inconvenience to the consumer.
Statutory Reference: ORS Ch. 225 and 448
History: Ord. 829 §11(2), 1974.
13.04.120 City’s right to give certain preferences of service.
In case of shortage of supply the city reserves the right to give preference in the matter of furnishing service to consumers as in the judgment of its representatives shall be for the best interest of the city from the standpoint of public convenience or necessity.
Statutory Reference: ORS Ch. 225 and 448
History: Ord. 829 §11(3), 1974.
13.04.130 Outside services may be disconnected in case of water shortage.
All outside city services shall be held at all times liable to disconnection in the event of a shortage of water supply within the city. Pressure and other conditions, in or out of the city services, are to be at the risk of the consumer without guarantee by the city.
Statutory Reference: ORS Ch. 225 and 448
History: Ord. 829 §11(4), 1974.
13.04.140 Penalty imposed for damaging waterlines.
A penalty of one hundred dollars ($100) plus time and materials plus fifteen percent (15%) overhead will be imposed for tampering with or damaging city waterlines or equipment if the person or persons responsible did not request a line location from the city water department, or was negligent, prior to damaging the line. If the line is located incorrectly by the city, the city will repair it at no cost to the person or persons involved.
Statutory Reference: ORS Ch. 225 and 448
History: Ord. 829 §11(5), 1974.
13.04.150 Regulations pertaining to restrictions and prohibitions of water use during times of water shortages.
(1) Voluntary Conservation Measures. Upon a determination that water consumption exceeds availability and/or water shortage within the system is approaching the minimum required to meet fire protection and other essential requirements, as determined by the City Administrator, the City Administrator shall have authority to request voluntary reduction of water use by customers, which may include but is not limited to the following specific actions:
(a) Raising customer awareness through notification of water conditions and provide general information on water conservation.
(b) Refraining from irrigating lawns between 7:00 a.m. and 11:00 p.m.
(c) Refraining from hosing and/or washing off sidewalks, walkways, driveways, streets, parking lots, open ground, or other hard surfaced areas except where necessary for public health or safety.
(d) Refraining from washing cars, boats, trailers, or other vehicles by hose without using a shut off nozzle. Washing such vehicles at commercial or fleet washing facilities which use water recycling equipment is an exception.
(e) Refraining from serving water for drinking at a restaurant, motel, care, cafeteria, or other public place where food is sold or served to any person unless expressly requested.
(f) Refraining from cleaning buildings (walls or roofs) except in preparation for painting.
(g) Requesting voluntary compliance with alternate day system for landscape watering (i.e. even numbered addresses water on even numbered days, and odd numbered addresses on odd numbered days).
(h) Requesting other voluntary measures on the part of city water customers.
(2) Serious Water Shortages. Upon determination of serious water shortages by the City Council, the City Council may declare an emergency restricting certain uses. Upon such action the City Council may impose the following restrictions:
(a) Prohibiting lawn watering between the hours of 7:00 a.m. and 11:00 p.m.
(b) Requiring compliance with alternate day system for landscape watering (i.e. even numbered addresses water on even numbered days, and odd numbered addresses on odd numbered days.)
(c) Reducing pressure system-wide below standard operating pressure in accordance with the existing conditions, but not to the point so as to jeopardize public health or safety.
(d) Restricting or prohibiting other outdoor uses as determined by the City Council.
(3) Critical Water Shortages. Upon determination of critical water shortages by City Council, the City Council may declare an emergency prohibiting certain uses. Upon such action by the City Council it shall be expressly prohibited to:
(a) Water, sprinkle or irrigate lawns, grass or turf unless:
(A) it is new lawn, grass, or turf that has been seeded or sodded after March 1 of the calendar year in which any restrictions are imposed, and in such cases it may be watered as necessary until established;
(B) lawn, grass or turf that is part of a commercial sod farm;
(C) high use athletic fields that are used for organized play;
(D) golf tees and greens; and
(E) park and recreation areas deemed by the City Council to be of a particular significance and value to the community that would allow exception to the prohibition.
(b) Washing, wetting down, or sweeping with water, sidewalks, walkways, driveways, parking lots, open ground or other hard surfaced areas unless:
(A) in the opinion of the City Council there is a demonstrable need in order to meet public health or safety requirements including but not limited to alleviation of immediate fire or sanitation hazards, or dust control to meet air quality requirements mandated by the Oregon Department of Environmental Quality;
(B) power washing of buildings, roofs and homes prior to painting, repair, remodeling or reconstruction and not solely for aesthetic purposes.
(C) Washing cars, trucks, trailers, tractors, or other land vehicles or boats or other water borne vehicles except by commercial establishments or fleet washing facilities which recycle or reuse the water in their washing processes or by bucket and hose with a shut off mechanism unless the City Council finds that the public health, safety and welfare is contingent upon frequent vehicle cleaning such as cleaning of solid waste transfer vehicles, vehicles that transport food and other perishables or otherwise required by law.
(4) Enforcement. If a serious or critical water shortage prohibition is declared, violations of water use restrictions or prohibitions will be enforced as follows:
(a) Warning. The first violation shall receive a warning. The letter of warning shall be in writing, shall specify the violation, may require compliance measures, and shall be served upon the resident either personally, by officer or substitute service, or by certified or registered mail, return receipt requested.
(b) Citation. After the resident or occupant has received a warning letter, any subsequent violation shall be treated as a civil infraction.
(5) Penalties.
(a) First violation – Warning letter.
(b) Second violation of same type – Class “C” infraction.
(c) Third violation of same type – Class “B” infraction.
(d) Fourth and subsequent violation – Class “A” infraction.
(e) Third and subsequent violations may include water shut-off.
Statutory Reference: ORS Ch. 225 and 448
History: Ord. 829 §11(6), 1974; Ord. 1038 §8, 1985; Ord. 1159 §1, 1992; Ord. 1164§1, 1992; Ord. 1344, 2004.
13.04.160 Consumer responsibilities.
(1) The consumer must obtain and furnish to the city all necessary easements or permits to enable the city to supply service except easements for public space which will be obtained by the city.
(2) The consumer shall be responsible for all damage to, or loss of city’s property located upon his premises, including damage by hot water unless occasioned by circumstances beyond his control or by neglect of the city. The use of water upon the premises of the consumer is at the risk of the consumer and the responsibility of the city shall cease at the meter.
(3) The city shall not be liable for loss or damage of any nature whatsoever caused by any defect in the consumer’s equipment upon the premises of the consumer. The city does not assume the duty of inspecting the consumer’s line, plumbing and equipment and shall not be responsible therefore.
(4) The water may at any time be shut off from the mains for repairs or other necessary purposes with notice to be given as provided in GMC Section 13.04.110 and the water department will not be responsible for any consequent damages. Water for steam boilers for power purposes will not be furnished by direct pressure from the city mains; tanks for holding an ample reserve of water shall always be provided by the owners of the boilers. While water is temporarily shut off from the mains, the hot water faucets should be kept open by the occupants of the premises to allow the steam to escape from the water heater, and should damage result to the meter by reason of steam or hot water, the owner shall be charged for repairs. Except in the event of emergency repairs, such as necessitated by a broken waterline, the city will give at least four hours notice of shut off to the affected customers.
Statutory Reference: ORS Ch. 225 and 448
History: Ord. 829 §10, 1974.
13.04.170 City Council power to amend or make special rules or contracts.
The City Council shall have the power, at any time, to amend, change or modify any rule, rate or charge and to make special rules and contracts and all water service is subject to such power.
Statutory Reference: ORS Ch. 225 and 448
History: Ord. 829 §12, 1974.