Chapter 13.12
SEWER CONNECTIONS AND CHARGES*
Sections:
13.12.010 Connection required.
13.12.020 Approved existing cistern or septic tank—Exempt from connection requirements.
13.12.030 Permit to connect—Application required.
13.12.040 Connection fee designation.
13.12.050 Fees to be paid to city.
13.12.060 Permit regulations—Expiration.
13.12.070 Construction and maintenance of private sewer lines—Responsibility.
13.12.080 Construction specifications for public sewers.
13.12.090 Trenches—Public protection.
13.12.100 Drainage into sanitary sewer prohibited.
13.12.110 Tampering with public sewers prohibited.
13.12.120 City Administrator—Authority and supervision.
13.12.140 Charges determined for Water Environment Services and Oak Lodge Water Services District.
13.12.160 Nonpayment—Collection and penalty fees—Lien and foreclosure.
13.12.170 Sewage disposal fund—Use for maintenance of system.
* Prior history:
13.12.062 History: Ord. 1293 §1, 2000; Repealed by Ord. 1371 §2, 2006.
13.12.150 History: Ord. 543 §12.5, 1953; Ord. 900 §1, 1977; Ord. 1371 §2, 2006.
13.12.180 History: Ord. 934 §2, 1978; Ord. 1065 §1, 1986; Ord. 1151 §4, 1991; Ord. 1303, 2001; Ord. 1365, 2005; Amended by Ord. 1371 §2, 2006.
13.12.190 History: Ord. 934 §3, 1978; Ord. 1151 §4, 1991; Amended by Ord. 1371 §2, 2006.
13.12.200 History: Ord. 934 §4, 1978; Ord. 1151 §4, 1991; Amended by Ord. 1371 §2, 2006.
13.12.210 History: Ord. 934 §5, 1978; Ord. 1151 §4, 1991; Amended by Ord. 1371 §2, 2006.
13.12.220 History: Ord. 934 §6, 1978; Ord. 1028 §4, 1984; Ord. 1328, 2002; Amended by Ord. 1371 §2, 2006.
13.12.010 Connection required.
All owners of property within the city whose property is located where a sewer has been construction or shall hereafter be construction so that connection can be made from the property with the sewer, are required to connect all water closets, privies, sinks, bathtub and drains containing or carrying sewage with the sewer within ninety days from the time the sewer is completed and accepted by the city, and all persons neglecting or refusing to make such sewer connections within the time named shall be guilty of a violation of a Class “C” infraction as specified in GMC Sections 1.08.010 through 1.08.100.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §1, 1953; Ord. 1371 §2, 2006.
13.12.020 Approved existing cistern or septic tank—Exempt from connection requirements.
It shall hereafter be unlawful for any such property owner to dig or construct or make use of any cistern or septic tank however, the provisions of this chapter shall not apply to any property where in there is a cistern or septic tank in good working order which has been constructed prior to the construction of the sewer to serve such property; providing further, that this exception shall not be deemed permission to construct or dig a new cesspool on such property.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §4, 1953; Ord. 777, 1970; Ord. 796, 1972; Ord. 845 §1, 1975; Ord. 906 §1, 1977; Ord. 938 §1, 1978; Ord. 1371 §2, 2006.
13.12.030 Permit to connect—Application required.
Any person, firm or corporation desiring to obtain a permit to connect to the sanitary sewer system shall make written application therefore to the city. Applications for permits shall state the location of the property, in lot and block numbers within platted areas, the name of the owner, number of the building to be connected and how occupied. Such application shall be accompanied by a permit fee as set forth in GMC Section 13.12.040.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §4, 1953; Ord. 777, 1970; Ord. 796, 1972; Ord. 845 §1, 1975; Ord. 906 §1, 1977; Ord. 938 §1, 1978; Ord. 1028 §2, 1984; Ord. 1036 §1, 1984; Ord. 1329, 2002; Ord. 1352, 2004; Ord. 1371 §2, 2006.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.12.040 Connection fee designation.
(1) Any person, firm or corporation shall obtain a permit to the sanitary sewer system or to install a subsurface disposal system by making written application therefor to the city. Such application shall be accompanied by a connection fee required by Clackamas Service District or Tri-City Service District in an amount conforming to the connection fee at the time of application for sewer connection. The Tri-City Service District has established by Clackamas County Commission Order No. 97-310 that the sewer connection charge commencing July 1, 1997, shall be the sum of $2,020 for a single-family dwelling unit or its equivalent as defined in Table I of Clackamas County Commission Order No. 97-310, which is attached to the ordinance codified in this section, and incorporated in this section by reference in its entirety. The Clackamas County Service District and Tri-City Service District are service districts under jurisdiction for the Clackamas County Commission, which has sole authority to establish sewer connect fees. In the event of future revision in the connection fee by the Clackamas Service District and Tri-City Service District, applications for sewer connections submitted after the effective date of such revised sewer connection fees.
(2) Property owners in the city required to connect to the sanitary sewer system of the Oak Lodge Water Service District, or its successors-in-interest (OLWD), including all property owners that have sanitary waste treated by OLWD, shall pay the connection charged by said district at the time of connection.
(3) In addition to the provisions of subsection (1) and (2) of this section, each property owner shall pay a sewer inspection fee for each connection as specified by a Master Fee Resolution.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §4, 1953; Ord. 777, 1970; Ord. 796, 1972; Ord. 845 §1, 1975; Ord. 906 §1, 1977; Ord. 938 §1, 1978; Ord. 987 §1, 1981; Ord. 1028 §1, 1984; Ord. 1070 §1, 1986; Ord. 1360 §1, 2005; Ord. 1371 §2, 2006; Ord. 1494 §1, 2019.
13.12.050 Fees to be paid to city.
All sums to be paid by any person or persons, association, firm or corporation for licenses, as provided in GMC Sections 13.12.010 through 13.12.160, shall be paid to the city office where permits shall be obtained as provided in GMC Sections 13.12.010 through 13.12.160.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §5, 1953; Ord. 1371 §2, 2006.
13.12.060 Permit regulations—Expiration.
(1) If a building permit is required, application for a building sewer permit to connect to a sanitary sewer line of the city shall be made prior to city inspection and approval for any connection to a sanitary sewer line of the city. When, for any reason, the connection fee has not been paid prior to city inspection and approval, the City Administrator shall report to the council the amount of uncollected fee, the description of the real property to which the fee is attributable, the date upon which the fee was due, and the name of the person responsible for payment of the fee.
(2) The City Council shall schedule a public hearing on the matter and direct that notice of the hearing with a copy of the City Administrator’s report be given to each property owner or persons responsible for payment of the fee. Notice of the hearing shall be given either personally or by certified mail, return receipt requested, or by both personal and mailed notice and by posting notice on the parcel at least ten (10) days before the date set for the hearing. At the hearing, the City Council may accept, reject or modify the determination of the City Administrator as set forth in the report. The City Administrator shall docket the lien in the lien docket of any current unpaid amount of the fee that is accepted or modified by City Council and not paid within thirty (30) days after the public hearing, together with interest on the unpaid balance at a rate established by resolution of the council. The lien shall be enforceable in the manner provided in Oregon Revised Statutes Chapter 223.
(3) Every building sewer permit to connect to a sanitary sewer line of the city shall expire by limitation and become null and void if connection is not made to a sanitary sewer line within one hundred eighty (180) days from the date of issuance of such permit. Any permittee holding an unexpired building sewer permit may apply for an extension of the time within which permittee may connect to the city sewer system when permittee is unable to effect such connection with the time required by this ordinance for good and satisfactory reasons. The City Administrator may extend the time for action by the permittee for a period not exceeding one hundred eighty (180) days upon written request by the permittee showing that circumstances beyond the control of the permittee have prevented connection from being accomplished. No permit shall be extended more than once. In the event a building sewer permit so expires before connection to a sanitary sewer line is made, the building sewer permit fee for connection to a sanitary sewer line which has previously been paid is not refundable.
Statutory Reference: ORS Ch. 223 and 224.
History: Ord. 543 §3, 1953; Ord. 822, 1973; Ord. 845 §1, 1975; Repealed by Ord. 1240§1, 1997; Ord. 1293, 2000; Ord. 1371 §2, 2006.
13.12.070 Construction and maintenance of private sewer lines—Responsibility.
(1) Every house or building shall be separately and independently connected with the public sewer to existing Y’s unless permission is granted by the City Administrator to do otherwise.
(2) Construction of all connections to the public sewer and lateral sewer lines extending to the premises served shall comply with the Oregon State Plumbing Code.
(3) The customer shall be responsible for the maintenance of the private sewer line from the public sewer connection to the premises served. The city shall not be liable for any damage accruing from the failure of a private sewer or of fixtures or appurtenances attached thereto.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §2, 1953; Ord. 1371 §2, 2006.
13.12.080 Construction specifications for public sewers.
(1) No lateral or trunk sewer of the city of less than eight inches in diameter may be tapped, but such sewers must be dug up and Y’s inserted at the place where the sewer pipe section meets.
(2) Construction of public sewers shall conform to Clackamas County Standard Sewer Specifications, revised 1994.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §6, 1953; Ord. 967 §1, 1980; Ord. 1371 §(2) part, 2006.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
13.12.090 Trenches—Public protection.
In opening trenches in any street, alley or public place, the paving ballast must be removed with care, the sides of the trenches sheeted or braced when found necessary, gas, electric conduits and water pipes properly protected from injury and the trenches closed with suitable barriers to prevent accidents to passengers on the streets, alleys or public places in which the trench is opened.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §7, 1953; Ord. 1371 §2, 2006.
13.12.100 Drainage into sanitary sewer prohibited.
(1) Neither temporary nor permanent drainage of ground and storm water from excavations into the sanitary sewer system shall be permitted.
(2) Drainage from roofs, storm sewers or storm drains shall not be permitted into the sanitary sewer system and no such connection will be permitted.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §8, 1953; Ord. 1371 §2, 2006.
13.12.110 Tampering with public sewers prohibited.
It is unlawful for any person, firm, association or corporation, without authority from the City Administrator or designee, to open any manhole or interfere with or tamper with, in any manner, any manhole, or public sewer of the city. Violation of this subsection 13.12.160 shall be a Class “C” infraction as specified in GMC 1.08.010 through 1.08.100.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §9, 1953; Ord. 1371§2, 2006.
13.12.120 City Administrator—Authority and supervision.
The city through its City Administrator and authorized employees, shall have general supervision over the installation and construction of all building connections to the sanitary sewer system, which are now constructed or hereafter may be built in the city or which may be constructed and/or installed by its authority, and shall have charge of all alterations and repairs of same and all matters in connection with the general sewerage system of the city. Such authorized employee(s) of the city shall be known as the City
Administrator as referred to in GMC Sections 13.12.020 through 13.12.160.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §10, 1953; Ord. 1371 §2, 2006.
13.12.130 Monthly charge.
There shall be a monthly charge to the occupant of property for each parcel thereof which is connected to the sewer lines within the city. The monthly charge shall be added to the monthly utility bill of the occupant of the real property. All charges for furnishing service shall be chargeable to the premises where the service is provided except for charges for service to rental or leased property which shall be the obligation of the property owner or the owner’s designee.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §11, 1953; Ord. 1371 §2, 2006; Ord. 1475 Exh. A, 2017.
13.12.140 Charges determined for Water Environment Services and Oak Lodge Water Services District.
(1) Charges for sanitary sewer treatment and, if applicable, sewer collection purchased from treatment providers Water Environment Services and Oak Lodge Water Services District, or serviced thereby, shall be set and charged pursuant to a rate structure determined by the city and said district. These costs are passed along as a charge to the city’s sanitary sewer customers via the city’s utility bill. Any adjustments in the rates charged to the city by these providers shall be contemporaneously passed along to the city’s sanitary sewer customers and reflected in the next subsequent city utility bill.
(2) An additional fee for each equivalent dwelling unit, as specified in a Master Fee Schedule, shall be added to each bill or billings to defray administrative billing, and the sewer collection maintenance and repair expenses incurred by the city.
(3) In determining the number of equivalent dwelling units per billing for the additional charge assessed by the city, the unit rate structure of the district serving the property shall control. Equivalent dwelling unit is calculated at one unit for a single-family dwelling and varies for other classes of service as defined in Table 1 of the Tri-City Rules and Regulations adopted by the Clackamas County Commissioners on May 19, 1994.
(4) Low income qualification will be set forth in the city’s Master Fees Schedule, updated annually on July 1st of each year.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §12, 1953; Ord. 1371 §2, 2006; Ord. 1422, 2009; Ord. 1475 (Exh. A), 2017; Ord. 1476 (Exh. A), 2017; Ord. 1501 §1 (Exh. A), 2020.
13.12.160 Nonpayment—Collection and penalty fees—Lien and foreclosure.
The charge for sewer service shall be collected by the official city water collector bimonthly, and if payment is not made, there shall be imposed upon the person, firm or corporation failing to pay thirty days after payment is due, a penalty of fifty percent of the unpaid amount, plus interest at six percent per year, plus court costs and reasonable attorney’s fees, if it is necessary to bring civil action to recover unpaid charges for sewer service.
Statutory Reference: ORS Ch. 224
History: Ord. 543 §13, 1953; Ord. 1344, 2004; Ord. 1371 §2, 2006.
13.12.170 Sewage disposal fund—Use for maintenance of system.
All charges for sewer service collected by the city shall be placed in a fund known as the Storm and Sanitary Sewer Fund and shall be used only for the construction, operation and maintenance of sewage disposal systems, including all applicable sewer charges owing to the Tri-City Service District, Oak Lodge Sanitary Sewer District, and Clackamas County Service District No. 1 or their successors in interest.
Statutory Reference: ORS Ch. 224
History: Ord. 1028 §3, 1984; Ord. 1050 §1, 1985; Ord. 1151 §4 (pan), 1991; Ord. 1328, 2002; Ord. 1332, 2002; Ord. 1365, 2005; Ord. 1371 §2, 2006.