Chapter 4.10
SEWER SYSTEM
Sections:
Article I. Sewer Connections and Connection Charges
4.10.020 Required installation.
4.10.040 Application for permit required.
4.10.060 Fees, service charges and advance payment.
Article II. Accounts and Billing
4.10.110 Effective date of charges.
4.10.130 Remedies for nonpayment.
Article III. Discontinuance of Services
Article IV. General
4.10.160 Certain wastes unlawful.
4.10.170 Violation and penalty.
4.10.010 Establishing system.
Pursuant to the general laws of the state and the powers granted by the charter of the city, the council declares its intention to acquire, own, construct, equip, operate and maintain within or without the city of Halsey a sewage disposal plant or plants, sewers, equipment and appurtenances necessary, useful or convenient for a complete sewer system and disposal plant. [Ord. 437, 2020; Ord. 407 § 1, 2015.]
Article I. Sewer Connections and Connection Charges
4.10.020 Required installation.
The owner of any house, building, or property used for human occupancy, employment, recreation or other related purposes, situated within the city, shall install, at the owner’s expense, suitable sanitary facilities and connect the facilities with the sewer in the manner set forth in this chapter within 60 days after the date of the official notice to do so. [Ord. 437, 2020; Ord. 407 § 2, 2015.]
4.10.030 Notice to owner.
The recorder shall notify in writing the owner or owners of property in HMC 4.10.020 to make application for a permit to connect and to complete a connection of the facilities within 60 days from the date of the notice, unless for good and sufficient reason the council gives a written extension of the time for completion of the connection. [Ord. 437, 2020; Ord. 407 § 3, 2015.]
4.10.040 Application for permit required.
No person shall construct or reconstruct any sewer or connect to any sewer of the city without first obtaining a permit from the city clerk. The application for a permit shall be on a form furnished by the city clerk. The applicant for the permit shall notify the recorder when the building sewer is ready for inspection and connection to the city sewer system. [Ord. 437, 2020; Ord. 407 § 4, 2015.]
4.10.050 Connection.
Connection to the city sewer system shall be made by the city or its designate and shall conform to the requirements of the plumbing code and other applicable regulations of the city. Each property owner shall be responsible for the maintenance and repair of the service lateral(s) from the structure or facility served to the connection with the city public sewer. “Maintenance” shall include, but is not limited to, removal of any blockages, debris, grease, tree roots, and other material as required to ensure a free flow of wastewater through the lateral, disconnection of abandoned services from the public sewer, and prevention of unpolluted water from entering the service lateral. [Ord. 437, 2020; Ord. 419, 2016; Ord. 407 § 5, 2015.]
4.10.060 Fees, service charges and advance payment.
(1) At the time of making an application for a permit, the owner or owners shall pay a connection fee prior to any connection to the city sewer system. The fees shall be in accordance with the most current fee resolution.
(2) All fees, service charges and advanced payments shall be in accordance with the most current fee resolution.
(3) The property owned by the city is exempt from the sewer connection and usage fees. [Ord. 437, 2020; Ord. 407 § 6, 2015.]
4.10.070 Change of use.
If a property changes from residential use to commercial use or from commercial use to residential use the customer will be billed at the rate set for that usage in the current fee resolution. [Ord. 437, 2020; Ord. 407 § 7, 2015.]
Article II. Accounts and Billing
4.10.080 Responsible parties.
The owner of the premises served by the sewer system and the customer using the system service shall be jointly and severally responsible for all service charges incurred by the premises served. [Ord. 437, 2020; Ord. 407 § 8, 2015.]
4.10.090 Form of payment.
The city clerk may require that a customer’s payment be made by cash, certified check, or other method designated by the clerk if the customer has, within the previous three months, issued one or more checks to the city which have been returned by the bank due to insufficient funds in the account. [Ord. 437, 2020; Ord. 407 § 9, 2015.]
4.10.100 Sewer fund.
The city clerk, upon the receipt of funds, shall credit all revenues received from the charges and fees to a fund designated “sewer fund.” The administrative cost for collecting the sewer charge shall be paid from the fund. [Ord. 437, 2020; Ord. 407 § 10, 2015.]
4.10.110 Effective date of charges.
The imposition of service charges shall begin on the day following the connection or on the sixtieth day following the notice in HMC 4.10.030, whichever occurs first. [Ord. 437, 2020; Ord. 407 § 11, 2015.]
4.10.120 Delinquent accounts.
(1) Delinquency schedules, notices and fees shall be in accordance with the most current fee resolution.
(2) Customers shall be notified of and have the opportunity to be heard by the city administrator/recorder or an employee empowered to resolve any valid objections to the billing prior to the disconnection.
(3) In cases of extreme hardship, the city clerk may renew service to a delinquent account upon receipt of a signed payment agreement for payment of the overdue amount. If the payment agreement is not honored, it will be void, and the water will be shut off until the delinquent amount is paid. [Ord. 437, 2020; Ord. 407 § 12, 2015.]
4.10.130 Remedies for nonpayment.
(1) If the charges provided for by this chapter are not paid when due, the amount, with any delinquency charges, may be recovered from the person whose premises is served or from the customer, or both, in any court of competent jurisdiction; and the city shall be allowed, as costs, a reasonable amount to be fixed by the court as attorney’s fees for the prosecution of the action.
(2) If the charges are not paid when due, they may be submitted to a collection agency, and a fee may be charged for this service, as specified in the current fee resolution. If the property is a rental, the city will attempt to collect the unpaid balance from both the property owner and the tenant. The account may be sent to collections for a delinquent balance over 90 days.
(3) If the charges are not paid when due, they may be made a lien upon the premises served, along with any delinquency charges, and may be entered upon the lien docket of the city. The lien may be foreclosed, and charges collected in the manner required by law for the collection of liens upon real property.
(4) In addition to the above-mentioned lien procedures for collection, the city shall have the right to certify to the tax assessor of the county the amount of delinquent charges, along with any delinquency charges, for collection as provided by state law. If it becomes necessary to certify charges, an additional penalty equal to 15 percent of the charges should be added to the amount certified. [Ord. 437, 2020; Ord. 407 § 13, 2015.]
Article III. Discontinuance of Services
4.10.140 Stop service.
(1) If a customer intends to vacate a property permanently and needs to close their sewer utility account, they must contact the city two business days ahead of time to request a stop service order, and to provide a forwarding address to be used for final billing.
(2) If notice is not given, the customer shall be required to pay for the water service until the date the city learns that the customer has vacated the premises or otherwise has discontinued service. [Ord. 437, 2020.]
4.10.150 Voluntary shut off.
(1) If a customer intends to vacate a property temporarily, and if the property will be vacant for at least 60 days, the customer may request a voluntary shut off. Shut-off and turn-on fees may be charged as specified in the current fee resolution.
(2) If a customer requests a voluntary shut-off, the basic rate shall be prorated based on the number of days in the billing cycle the property is vacant, plus the metered usage for that month. [Ord. 437, 2020.]
Article IV. General
4.10.160 Certain wastes unlawful.
No person shall cause or permit any of the following materials to flow into, or be disposed in, the sanitary sewer system of the city:
(1) Temporary or permanent drainage of excavations.
(2) Drainage from roofs, storm sewers, or storm drains.
(3) Greases, oils, or sludge from automobile service stations, garages, restaurants, repair shops, machine shops, cleaning establishments, or other industries or establishments.
(4) Explosives, volatile or flammable liquids, and gases.
(5) Acids, alkalis, or other corrosive liquids or substances of sufficient strength to damage sewers, manholes, pumping stations, or sewage treatment plant equipment.
(6) Paints or waste products from paint manufacturers.
(7) Cannery or industrial wastewater and wastes, unless approved by written agreement authorized by the city.
(8) Any substance that will form deposits or obstructions in the city sewer system, to include disposable diapers and any other nonbiodegradable products, or that, when combined with sewage, will precipitate materials, causing deposits in sewer lines.
(9) Ashes, salts, cinders, sand, earth, coal, rubbish, or metals of any kind.
(10) Live steam, exhaust steam, or water having a temperature above 140 degrees Fahrenheit.
(11) Cull fruits or vegetables or pits or seeds from peaches, apricots, cherries, prunes, pumpkins, squash, or nuts of any kind, unless first properly processed through a properly constructed and installed garbage disposal unit.
(12) Stable or barn manure.
(13) Effluent from septic tanks or dry wells.
(14) Offal from slaughterhouses.
(15) Dead animals, fowl, or fish.
(16) Sulphate or sulphite liquor.
(17) Any substance prohibited by the Department of Environmental Quality of the State of Oregon. [Ord. 437, 2020; Ord. 407 § 14, 2015. Formerly 4.10.140.]
4.10.170 Violation and penalty.
Any person, firm or corporation violating any provision of this chapter shall, upon conviction, be punished by a fine not to exceed $500.00. Each day that a violation continues is a separate violation. [Ord. 437, 2020; Ord. 407 § 15, 2015. Formerly 4.10.150.]