Chapter 52 Water

(1) COMMERCIAL. Water service to apartment and boarding houses, hotels, offices, office buildings, retail and wholesale commercial establishments, laundries, private schools and colleges, private hospitals and other like premises where water is not used primarily for industrial purposes.

(2) INDUSTRIAL. Water service to manufacturing and industrial consumers, including aircraft and metal product manufacturers, public utilities, stockyards, packing houses, grain elevators, bottling works, food processors and similar enterprises. On premises where manufacturing is the principal business, all services shall be classified as industrial.

(3) MISCELLANEOUS. Water service for building and construction purposes to parties other than the city; for water sold at the pumping station; water service to temporary uses, including festivals and events.

(4) MUNICIPAL. Water service for municipal and other public purposes other than public fire protection including usage for sewer and street flushing, street and sidewalk construction when done by the city; parks; schools; churches and municipal buildings; county, state and federal agencies and departments.

(5) RESIDENTIAL. Water service to private residences of one family or more than one family when each is supplied through a separate meter.

CONSUMER. Includes any person, firm or corporation furnished water by the Water Department.

CONSUMER SERVICE LINE. A supply pipe installed, maintained and owned by the consumer extending from the outlet side of the meter to the premises served.

CROSS CONNECTION. A connection direct or indirect, with water mains or street service lines leading to any other source of water or source of possible contamination.

MASTER METER. One meter measuring the water furnished to serve two or more premises.

METER. A mechanical device which measures and records the quantity of water furnished to the consumers.

METER SETTING. A box, vault or tile, with coverings, containing a meter and connecting appurtenances.

PREMISES.

(1) A building or group of buildings occupied by persons or business entity and used for residential, business, industrial or commercial purposes;

(2) A building or group of buildings used and operated as a hospital, educational or religious institution;

(3) A separate dwelling unit within a structure designated for multi-family occupancy;

(4) A building containing areas and spaces separately rented to tenants;

(5) A single tract of land upon which areas are rented for occupancy by mobile homes used for residential purposes;

(6) A tract of land used for park, a playground or recreational purposes; or

(7) Any other structure or structures, public or private, the use or occupancy of which requires water and water service.

SPECIAL SERVICE. Any water service that involves the installation of facilities and equipment other than designated as standard service which involves a use of water other than for normal residential, commercial or industrial purposes.

STANDARD SERVICE. Facilities normally installed for residential, commercial or industrial usage not requiring special or unusual methods of installation, construction and engineering.

STREET SERVICE LINE. A pipe with appurtenances connected to a water main for the purpose of controlling the flow of water and extending from the water main to the inlet side of the meter.

WATER MAIN. A water pipe owned by the city under the control of its Water Department to which street service lines may be connected.

WATER DEPARTMENT. An administrative unit consisting of city personnel headed by a Superintendent of Waterworks designated by the City Manager or designee to conduct all operations in connection with the supplying and furnishing of water and water service by the city to consumers in the city and environs pursuant to the provisions of this chapter.

(Ord. 429, passed 6-14-61; Am. Ord. 2319, passed 2-8-21)

52.02 CONSENT OF USERS; SERVICE TO BE FURNISHED ONLY TO PREMISES IN COMPLIANCE WITH RULES.

(A) Every person, firm or corporation using water from the city’s waterworks system shall thereby be deemed to have consented and agreed to the terms and provisions of this chapter and to have acknowledged the right of the Water Department to discontinue water services in the event of failure of the consumer to make timely payment of all rates and charges herein below fixed and established or to otherwise comply with the terms and provisions of this chapter.

(B) Water service will be furnished only to premises complying with the applicable plumbing and sanitary codes and regulations of the city and state.

(Ord. 429, passed 6-14-61; Am. Ord. 2319, passed 2-8-21)

52.03 APPLICATIONS FOR WATER SERVICE; ACCOUNT SET-UP FEE.

(A) Requests for water service shall be made at the office of the Finance Director by or on behalf of the person, firm or corporation requesting water and/or water service. Persons requesting water service will be bound by the terms of this chapter and all rules and regulations as may be adopted by the City Council in implementation of this chapter. A nonrefundable account set-up fee, as set by City Council resolution, is due at the time of requesting water service. The account set-up fee covers administrative costs including, but not limited to, setting up an account, reading the meter, verifying that water is on and other related matters.

(B) If the application is for water service to premises not previously served, the following requirements shall be met:

(1) Where water mains exist adjacent to the property to be served and upon submission to the Water Department of information as to the location and nature of the premises to be served with water, the applicant will be furnished with information as to the proposed location of the meter setting. If the consumer’s service line has been installed prior to the application for service, it shall be the applicant’s responsibility to clearly mark the location thereof. The Water Department shall have sole jurisdiction, however, to determine the location of the street service line, and the feasibility of a connection to the customer’s service line. It shall be the applicant’s responsibility at the applicant’s own expense to run the service line from the premises being served to the meter setting at or near the curb line. Service pipes and connections from the water main to and including the meter setting shall be placed within the line of the public right-of-way and shall be installed at the consumer’s expense by the Water Department. The City Manager or designee shall determine a reasonable installation charge based on the actual average cost. All installation charges are payable in advance.

(2) Where water mains adjacent to the consumer’s property have been installed under a construction reimbursement agreement as provided herein, the customer shall pay the construction charge established per front foot of property abutting the line in addition to all other charges prescribed.

(3) Where water mains adjacent to the consumer’s property have been installed by the Water Department without assessment of the costs to the benefiting property, the consumer shall pay an SDC, connection fee or construction charge to the city. The charges shall be in addition to all other charges.

(4) The applicant shall be responsible for the maintenance, repair and any leakage in the piping from the meter to place of use. Installation of the consumer’s service lines shall be done by the consumer personally or by a licensed plumber in accordance with city design and specifications and in accordance with the building and plumbing codes of the city. Installation shall avoid cross connections. Upon notification of the Water Department that a cross connection exists, service shall be refused until the same is eliminated to the satisfaction of the Water Department and/or the City Plumbing Inspector.

(5) The Water Department shall determine the size of the meter to be installed, based upon information furnished by the applicant. Any change in meter size requested by a consumer after the initial meter installation shall be granted insofar as is reasonable, but the entire cost shall be borne by the consumer. The decision of the Water Department regarding the size of the meter shall be final.

(6) The size of the street service line shall be determined by the Water Department after consideration of information furnished by the applicant. However, in no case shall the street service line be the same size or any greater size than the water main to which it is connected. Any change in size or location of the street service line after the original installation shall be done at the consumer’s expense. Installation charges cover all cost of excavation, installation, connecting and resurfacing from the water main to the point where the meter is installed, including the meter box and the meter. Where service lines must be run a distance greater than 40 feet, the consumer shall pay all costs incident to the excess footage.

(a) Installation and maintenance. The installation and maintenance of service connections shall be performed only by the duly authorized employees of the Water Department.

(b) Meters. Meters shall be installed at the customer’s end of the service connection and shall be owned by the Water Department and installed at the applicant’s expense.

(c) Care of meter. It shall be the duty of the property owner or consumer to keep the meter box free of debris and to take all reasonable precautions to protect the meter from freezing. The cost of repairing any damage arising from failure to protect the meter shall be charged to the consumer or property owner.

(Ord. 429, passed 6-14-61; Am. Ord. 1653, passed 3 14-88; Am. Ord. 1736, passed 6-24-91; Am. Ord. 1913, passed 11-25-96; Am. Ord. 2160, passed 8-10-09; Am. Ord. 2319, passed 2-8-21)

52.04 WATER TO BE METERED; INSTALLATION OF METERS AND STREET SERVICE LINES.

(A) All water furnished to consumers shall be metered, except in cases where the Superintendent of Waterworks shall determine that the nature of a particular usage necessitates a measurement by other means.

(B) The installation of meters and street service lines shall be in accordance with the following specifications and requirements:

(1) One and only one street service line, meter setting, and meter shall be installed for each premises. Additional meters, meter settings, street service lines and other appurtenances may be installed as approved by the Superintendent of Waterworks, and all additional costs shall be borne by the applicant.

(2) Street service lines shall be at right angles to the water main and street service lines shall not be installed unless sufficient footage of water main exists adjacent to the premises requesting service to allow meter setting installation free of obstructions such as fences, trees, driveways, culverts, and mail boxes.

(3) Except as provided in this subsection and subsection (B)(4) of this section, the Water Department shall permit no master metering of water. Each and every unit, business, or place of business shall be on a separate service and meter excluding service to transient occupancy such as hotel, motel, recreational vehicle park and "hotel" as defined by the transient room tax ordinance.

(4) Where water is now supplied through one service to one or more separately owned premises through pipes previously installed, the Superintendent of Waterworks may require conversion to separate service and meter if:

(a) The existing service is causing a risk of harm to the public water system or the public or persons using water on the property or problems with accurately billing for water;

(b) The water service is or is in need of being replaced or repaired;

(d) Any additional residential units or space for additional businesses is being created.

(5) The rate and billing method for structures in which one or more units receive water through a single meter shall be as provided by resolution of the City Council.

(Ord. 429, passed 6-14-61; Am. Ord. 1972, passed 10-12-98; Am. Ord. 2319, passed 2-8-21)

Cross-reference:

Transient room tax, see Chapter 112

52.05 WATER METERS.

(A) It shall be unlawful for any person to open, interfere or tamper with, deface or in any way impair the working of any water meter. It shall also be unlawful for any person, other than a duly authorized representative of the Water Department, to remove any meter from its setting.

(B) No meter shall be installed or water used through a new consumer’s service line until approval therefor has been obtained from the office of the City Plumbing Inspector.

(C) All meters now in service and hereinafter installed shall remain the sole property of the Water Department. Meters shall be installed only in public ways and it shall be unlawful for any person to obstruct access thereto by the Water Department.

(D) The Water Department shall have the right at any time to test meters but if the testing is not in pursuance of request of consumer, it shall be without charge.

(E) Whenever the Water Department finds a meter to be inoperative, an adjustment of charges for the preceding billing period shall be made by averaging the water used for the corresponding billing period of the three prior years, or, if the records are not extant, from the best other method practicable.

(F) Whenever the Water Department shall find a meter not measuring accurately according to the standards of the American Water Works Association, an adjustment of charges for the preceding billing period shall be made.

(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85; Am. Ord. 2319, passed 2-8-21) Penalty, see § 52.99

52.06 APPLICATIONS FOR SPECIAL SERVICE; REQUIREMENTS.

Applications for special service shall be made in writing in the same manner as required for standard service and shall, in addition, conform to the following requirements:

(A) Applications for private fire service connections shall have attached a sketch showing pipes, valves, hydrants, tanks, openings and appurtenances contemplated. The sketch shall be submitted on a scale of one inch equals 50 feet. The applicant shall be required to pay the entire cost of the installation, including the connection to the main and necessary appurtenances. All new private fire service connections with the exception of the so-called "dry type" may be metered. All materials shall be approved by the Water Department, and all fire service lines must be provided with a suitable gate valve outside the building at or near the property line. The valve installed at the water main shall be under the exclusive control of the Water Department. All fire service lines shall be used exclusively for extinguishment of fires and no connection from any other use may be attached thereto. The size of fire service connections shall in no case be smaller than four inches and in no case attached or tapped to a water main of less than six inches. In the event a main extension is required for private fire service connection, the costs of same shall be borne by the applicant.

(B) All miscellaneous special service shall be installed and maintained at the sole cost of the applicant and an advance of the estimated costs of installation shall be required as a condition precedent to the granting of the application. The billing for the service shall be determined by the Water Superintendent.

(C) Any person seeking approval for water pressures higher than normally maintained in the system, or abnormal quantities of water for fire protection or other special purposes, shall provide additional pumping and storage facilities within the property to be serviced and shall pay the additional expense to the city in providing additional transmission mains or other facilities required to provide the special service. The terms and conditions of payment shall be set forth in an agreement between the city and the applicant.

(D) Service of a special nature will be rendered only at the option of the city and under conditions which will not interfere with normal service to other customers.

(Ord. 429, passed 6-14-61; Am. Ord. 2319, passed 2-8-21) Penalty, see § 52.99

52.07 [RESERVED].

52.08 WATER SERVICE CHARGES.

The City Council may establish by resolution all fees, charges and rates provided for in this chapter and such other water service related fees as it deems necessary.

(A) Miscellaneous charges.

(1) When water service shall have been terminated for any cause other than temporary discontinuance in the manner provided below, the consumer shall pay shut off charge which includes a reinstatement charge, both of which are nonrefundable.

(2) If a consumer requests inspection and testing of a meter, to the extent practicable, the inspection and testing shall be conducted in the presence of the consumer or representative. If the meter is found to be inaccurate or has the wrong size register according to the standards of the American Water Works Association, a meter will be substituted and the water bill for the preceding billing period shall be adjusted. If the meter is found to be accurate and the register is the correct size according to the standards of the American Water Works Association, the consumer shall pay for a testing fee.

(3) Any consumer desiring to temporarily discontinue the use of water must notify the office of the Finance Director not less than two days prior to the date on which the service is desired to be discontinued, and after the effective date of the discontinuance all charges for water and water service shall cease for the period during which the service shall be shut off; provided, that the period of discontinuance shall not be less than 30 days.

(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85; Am. Ord. 2319, passed 2-8-21)

52.09 BILLING; DELINQUENCY; SHUTOFF.

(A) All bills for water service shall be rendered monthly at the same time as bills for sewage services and solid waste services and may be collected as a combined bill for water, sewage and solid waste services furnished to the consumer.

(B) All bills for water, sewage and solid waste services are due and payable within 20 days of issuance. All water, sewage and solid waste bills unpaid 20 days after the date of issuance shall be considered delinquent and an additional charge shall be imposed on the gross amount of the billing.

(C) All other charges arising under this chapter, and not required to be paid in advance, shall be due 20 days from the date of issuance of a statement of the amount owed. All such amounts unpaid 20 days after date of issuance shall be considered delinquent and an additional charge imposed.

(D) The city shall send the initial notice of delinquency to the consumer. If the account remains delinquent prior to terminating service, the city shall provide notice of delinquency by first class mail or personal service to the consumer and to the property owner if the property owner has provided to the city a mailing address for notification. It shall be the responsibility of the owner to ensure that the city has a current address. The notice shall state that failure to pay the amount due may result in one or all such services being discontinued on the date specified in the notice which shall not be less than ten days from issuance and that the city may impose a shutoff/reinstatement fee. It shall summarize the right to appeal provided in subsection (H) of this section.

(E) Unless other arrangements have been made satisfactory to the city, discontinued services shall not be restored until all charges, including but not limited to the delinquency and any shutoff/reinstatement fee have been paid.

(F) Water service may also be shut off if the consumer tampers or in any way interferes with any meter, connections, service pipes, valves or other appurtenances belonging to the city or for any violation by a consumer of the terms of this or any other applicable ordinance of the city or the statutes of the state relating to the waterworks system. Notice and opportunity to appeal shall be provided in the same manner as a delinquency.

(G) Notwithstanding any other provision of this chapter, the city may immediately shut off services if there is an immediate threat of substantial harm to public health or safety. Notice shall be provided as reasonably practicable. The consumer or property owner may appeal the shutoff within ten days of notice or shutoff as provided in subsection (H) of this section, which appeal shall be expedited to the extent reasonably practicable.

(H) A person notified of a delinquency may appeal the determination in writing, stating the reasons therefor as provided in Chapter 136. Except in case of an immediate threat of substantial harm to public health or safety, service will not be shut off pending the outcome of the appeal provided the appeal is received by the city prior to the discontinuance. If the water has been shut off, the appeal shall be expedited to the extent reasonably practicable. The appeal authority may grant the appeal, deny the appeal or adjust the delinquency as appropriate, including providing for a payment plan. If the appeal is denied or adjusted and the amount established to be due is not paid within ten days of notice of the decision or as otherwise provided in the decision, service may be discontinued.

(I) No user may receive water service at any location if the user has outstanding unpaid water bills at any other location until all outstanding amounts owed by the user are paid in full.

(J) The city does not guarantee to maintain any specific water pressure for its service and no complaint concerning the pressure shall give any right of claim against the city, its officers, employees or agents.

(Ord. 429, passed 6-14-61; Am. Ord. 1560, passed 2-25-85; Am. Ord. 1926, passed 4-14-97; Am. Ord. 2319, passed 2-8-21; Am. Ord. 2355, passed 2-12-24)

52.10 USE OF FIRE HYDRANTS; UNAUTHORIZED USE OF WATERWORKS SYSTEM.

(A) Water necessary for municipal uses, such as the flushing of streets and sewers, street sweepers and dust control may be obtained from fire hydrants by authorized employees of the city. The use of water shall not be construed to include or authorize its use in connection with paving, sewer or other construction of public improvements performed by private contractors.

(B) It shall be unlawful for any person, firm or corporation to use water from any part of the waterworks system of the city without proper permit or other authority therefor from the Water Department. It shall further be unlawful for any person, firm or corporation, other than an authorized representative of the city, to shut off or turn on water from any part of the city’s waterworks system, including fire hydrants; provided, however, that nothing in this section contained shall be construed as prohibiting plumbers duly licensed from turning on or shutting off water service if such is necessary in the course of the work in which they are engaged.

(C) A person authorized by the city to use water from any part of the waterworks system, including fire hydrants, shall pay a deposit established by resolution. Billing for such service shall be provided monthly during the period of use and is subject to a delinquency charge and collection in the same manner as for regular water service. The person shall be responsible for the cost of repair or replacement by the city of any damage or unreturned equipment.

(Ord. 429, passed 6-14-61; Am. Ord. 2319, passed 2-8-21) Penalty, see § 52.99

52.11 SERVICE REFUSED TO PREMISES WITH CONDITIONS LEADING TO CONTAMINATION.

The Water Department may refuse to deliver water to any premises whereon any condition exists which may lead to the contamination of the public water supply and may continue to refuse the delivery of water to any premises until the condition is remedied.

(Ord. 429, passed 6-14-61; Am. Ord. 2319, passed 2-8-21)

52.12 SHUT-OFF WATER NOT TO BE TURNED ON BY UNAUTHORIZED PERSONS.

No person shall turn on water services that have been shut off by the city without authorization from the Water Superintendent. In addition to any other remedy provided herein, unauthorized use of water may result in tampering fees or removal of the meter or both, and it will not be replaced until the cost of removing and replacing the meter, in addition to all charges and arrearage due, have been paid in full or other arrangements satisfactory to the city have been made.

(Ord. 429, passed 6-14-61; Am. Ord. 2319, passed 2-8-21) Penalty, see § 52.99

52.13 UNLAWFUL ACTS.

It shall be unlawful for any person, firm, or corporation not authorized by the city to do, commit or assist in committing any act prohibited by this chapter, including but not limited to the following:

(A) To open or close any fire hydrant or stopcock connected with the waterworks system of the city, or lift or remove the cover of any gate, valve or shutoff thereof;

(B) To interfere with, destroy, deface, impair, tamper or wantonly force open any gate, door, or any part of any reservoir, standpipe, tank, building, fences, trees, shrubs, fixtures or accessories to property appertaining to the waterworks system;

(C) To go upon or ascend the stairway or steps on any elevated water storage tank, reservoir, or standpipe of the waterworks system;

(D) To place any telegraph, telephone, electric light pole, or any obstruction whatsoever within three feet of any fire hydrant;

(E) To resort to any fraudulent device or arrangement for the purpose of procuring water contrary to the city regulations or ordinances;

(F) To interfere with or tamper with any reservoir, tank, fountain, hydrant, pipe, cock, valve, or other apparatus pertaining to the waterworks system, or to turn on or off the water in any street hydrant or other public water fixture or to hitch or tie any animal thereto;

(G) To make or permit to be made any connection with the main or service pipes of the waterworks system, or to turn on or use the water of the system without first obtaining a permit therefor;

(H) To cover over or conceal from view any water valve box, service or meter box;

(I) To remove any water meter that has been placed by the city, or to in any manner change, interfere with or tamper with any water meter;

(J) To turn on the water supply to any building or to any supply pipe where the supply has been turned off for the nonpayment of the monthly water charge or for the violation of any rule, regulation, or ordinance of the city.

(Ord. 429, passed 6-14-61; Am. Ord. 2319, passed 2-8-21) Penalty, see § 52.99

52.14 NO RESALE OR DISTRIBUTION OF WATER.

No water shall be resold or distributed by the recipient thereof from the city supply to any person except upon application to and approval by the city. City water may be resold or distributed only at the rates, charges and fees established by the city and subject to the other conditions as deemed reasonable by the city.

(Ord. 429, passed 6-14-61; Am. Ord. 1967, passed 9-14-98; Am. Ord. 2319, passed 2-8-21) Penalty, see § 52.99

52.15 CONSTRUCTION OF WATER MAINS.

(A) The minimum size of water mains required to serve any part of the city shall be eight inches in diameter. All necessary water system and all appurtenant work shall be at the installer’s sole expense. Should a development require water main sizing in excess of eight inches, the City Manager, or designee, will make the final decision on the size of mains required to be installed by the developer or subdivider. If the City Manager, or designee, requires the person to install water lines in excess of eight inches in order to provide for future water line capacity, the City Manager, or designee, may negotiate a reimbursement agreement or provide SDC credits with the person for the balance between the actual cost for materials of eight inch water mains and the size required by the city. Unless otherwise provided, only the cost for increases in materials is reimbursable.

(B) When any person constructs a water main through undeveloped areas, or adjacent to property not currently served by the city, the person initiating construction shall be required to pay for all construction in the manner provided in this chapter. If no assessment for improvement is levied against adjacent property, the person may request a reimbursement agreement or SDC credits with the city. The agreements shall provide for the city to collect a charge from any individual who connects a service connection to the main; charges to be established based on a front foot or area basis shall not exceed the actual installation cost of the system. All agreements shall preclude any payment for persons connecting a water main as described herein to the furthest extent of the water mains included in the agreement.

(C) A person’s right to reimbursement through agreements shall not exceed ten years from the date of the completion of construction of the covered main. All payments to the original installer shall cease at the expiration of the agreement. A charge as provided herein may be collected by the city after the expiration of the agreement. Amounts so received by the city shall be credited to the utility fund exclusively for the improvement of production or distribution facilities of the city. This section shall not affect those agreements in place at the time of adoption of this chapter.

(D) The city may establish a charge by front foot or area for all mains within the municipal system installed by municipal contract or by municipal employees. Charges shall be established by resolution of the City Council and shall be payable when benefitted properties connect to the water system.

(1) The charge shall apply to property which is not served by the water system at the time of construction and is not assessed for the costs of improvements. The charge established may vary by project and area dependent upon the costs of construction of the improvements.

(2) All charges shall be paid in addition to all other fees prescribed in this chapter. Failure to pay the charges, or provide for a payment agreement, shall be cause for denial of water service.

(Ord. 429, passed 6-14-61; Am. Ord. 1653, passed 3-14-88; Am. Ord. 2028, passed 12-18-00; Am. Ord. 2319, passed 2-8-21)

WATER SHORTAGE EMERGENCY

52.25 DECLARATION OF EMERGENCY.

The City Council may, by resolution, declare a water shortage emergency upon a finding that due to drought or other conditions, water reduction and such other steps, as the Council determines appropriate, are necessary to conserve the city’s water supply for the greatest public benefit with particular regard for domestic use, sanitation and fire protection. The resolution shall specify the level(s) of water reduction and direct that such actions, as the Council finds necessary, be taken, including, but not limited to, restrictions on the type and quantity of water use. The following provisions shall govern unless superseded by the city’s water management and conservation plan adopted pursuant to OAR 690-086.

(Ord. 1822, passed 6-28-93; Am. Ord. 2319, passed 2-8-21)

52.26 VARIANCES.

(A) The City Manager or designee may, in writing, adjust any consumer’s usage allotment if it is determined that due to unusual circumstances to fail to do so would cause an emergency condition affecting health, sanitation or fire protection of the applicant or the public.

(B) No variance or adjustment shall be retroactive or otherwise justify any violation of this chapter occurring prior to issuance of temporary variance or adjustment.

(Ord. 1822, passed 6-28-93; Am. Ord. 2319, passed 2-8-21; Am. Ord. 2325, passed 7-26-21. Formerly 52.31)

52.27 APPLICATION OF PROVISIONS.

The provisions of this chapter shall apply to all customers using water provided by the city.

(Ord. 1822, passed 6-28-93; Am. Ord. 2319, passed 2-8-21)

52.28 FIRST LEVEL OF WATER RESTRICTION (MODERATE ALERT LEVEL).

(A) Nonessential residential uses defined; prohibiting nonessential water use. Uses of water for residential purposes in excess of the following daily usage allotment are determined to be nonessential and are prohibited:

(1) The use of water to wash any motorbike, motor vehicle, boat, trailer, airplane or other vehicle, except at a commercial fixed washing facility existing prior to the enactment of this chapter or one that recycles and/or reuses the water.

(2) The use of water to wash down any sidewalks, walkways, driveways, parking lots, tennis courts or other hard-surfaced area, or building or structure.

(3) The use of water to fill, refill or add to any indoor or outdoor swimming pools or jacuzzi pools except for neighborhood fire control (when deemed needed by the City Manager or designee), where the pools have recycling water systems and evaporative covers, or where the use of the pool is required by a medical doctor’s prescription.

(4) The use of water in a fountain or pond for aesthetic or scenic purposes except where necessary to support preexisting fish life, e.g., goldfish, etc.

(B) Nonessential commercial or industrial use. The following commercial or industrial water uses are hereby determined to be nonessential and are prohibited:

(1) The use of water to serve a customer in a restaurant unless requested by the customer;

(2) The use of water for scenic and recreational ponds and lakes, except for the minimum amount required to support fish life;

(3) The unmetered use of water from hydrants for construction purposes, fire drills or any purpose other than firefighting;

(4) A minimum of 15% reduction in the use of water by a cemetery (owned by a separate taxing district), golf course or similar outdoor sport activities to irrigate any portion of its grounds except those areas designated as tees and greens or similar limited areas;

(5) The use of water for dust control.

(D) Regulation of applications for new water service. No applications for new, additional, further expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains or other water service facilities of any kind shall be allowed, approved or installed during the period of this emergency, except for replacement of leaking water lines and interties (looping) of system.

(E) Irrigation. Use of water to irrigate turf, lawn, or any grassy area shall be restricted to dates corresponding to the customer’s address. Customers with addresses ending in an odd number shall not irrigate on even-numbered days. Customers with addresses ending in an even number shall not irrigate on odd-numbered days. All customers may irrigate on the thirty-first day of a month.

(F) Discontinuance of service.

(1) The City Manager or designee may, after one warning by certified mail or delivered in person by staff, disconnect the water service of any person or customer whenever it is determined that the person or customer has failed to comply with any provisions of this chapter. Service so disconnected shall be restored only upon payment of the turn-on charge, in an amount of money as established by resolution of the City Council, or as otherwise specified by law, and any other costs incurred by the city in the discontinuance of service and the giving of suitable assurances to the city that the action causing the discontinuance will not be repeated.

(2) In addition to the foregoing, the city may, prior to restoration of service, install a flow- restrictive device on the customer’s service.

(Ord. 1822, passed 6-28-93; Am. Ord. 2319, passed 2-8-21; Am. Ord. 2325, passed 7-26-21) Penalty, see § 52.99

52.29 SECOND LEVEL OF WATER RESTRICTION (HIGH ALERT LEVEL).

In addition to the restrictions in § 52.28, the following restrictions are to be enforced:

(A) One or two residential units – daily usage allotment:

(1) Non-irrigation days: 200 gallons.

(2) Irrigation days: 1,300 gallons.

(B) Multi-residential units.

(1) Daily usage allotment shall be the sum of 200 gallons per unit on non-irrigation days and 1,100 gallons per unit on irrigation days.

(C) Nonessential commercial uses defined. Uses of water for commercial purposes in excess of the following amounts are determined to be nonessential and are prohibited:

(1) The use of water in excess of 75% of the amount consumed in the same time period as the previous year.

(D) Nonessential industrial uses defined. Uses of water for industrial purposes in excess of the following amounts are determined to be nonessential:

(1) The use of water for manufacturing, food processing, cooling or cleaning of equipment in excess of 85% of the amount consumed in the same time period as the previous year. Customers may, with proper documentation of need, obtain a variance from the City Manager or designee, granting the level of relief needed.

(2) The use of water for agricultural irrigation in excess of 75% of the amount consumed in the same time period as the previous year.

(E) Other nonessential uses. All other uses of water not expressly set forth in this chapter in excess of 75% of the amount consumed in the same time period as the previous year are determined to be nonessential.

(F) Determination of amount of prior water consumption. The amount of water consumed in the same time period as the previous year shall be determined by the city from its records. Where no records exist, the amount shall be the average use of similar existing services as determined by the city from its records.

(G) Evaluation of applications for new water service. No applications for new, additional, further expanded or increased-in-size water service connections, meters, service lines, pipeline extensions, mains or other water service facilities of any kind shall be allowed, approved or installed during the time this emergency is declared by City Council resolution to be in effect, except for replacement of leaking water lines, making interties (looping), areas where the pressure provided by the city is very low and relief can only be obtained by providing a larger service line(s).

(Ord. 1822, passed 6-28-93; Am. Ord. 2319, passed 2-8-21; Am. Ord. 2325, passed 7-26-21)

52.30 THIRD LEVEL OF WATER RESTRICTION (EMERGENCY ALERT LEVEL).

In addition to the restrictions in §§52.28 and 52.29, the following restrictions are to be enforced:

(A) All water uses shall be limited to protect the health, sanitation, and safety of the public.

(B) Residential daily usage shall be limited to a weekly average of no more than 115 gallons per day per residential unit. Residential customers with more than three permanent residents shall be allowed an additional average of 30 gallons per day per resident.

(Ord. 2325, passed 7-26-21)

52.31 ENFORCEMENT.

Each city law officer shall enforce the provisions of this chapter. All employees of the city have the duty and are authorized and directed to notify the City Manager or designee of violations of the provisions of this chapter.

(Ord. 1822, passed 6-28-93; Am. Ord. 2319, passed 2-8-21; Am. Ord. 2325, passed 7-26-21. Formerly 52.30)

52.32 PROVISIONS CONTROLLING.

The provisions of this chapter shall prevail and control in the event of any inconsistency between this chapter and any other rules or regulations of the city.

(Ord. 1822, passed 6-28-93; Am. Ord. 2319, passed 2-8-21)

52.99 PENALTY.

(A) Any person violating any of the provisions of §§ 52.01 through 52.15 commits a Class B violation.

(B) Any person violating any provision of §§ 52.25 through 52.32 commits a Class A violation.

(1) In addition, the City Manager or designee may, after written notice, disconnect the water service of any customer that repeatedly violates §§ 52.25 through 52.32. Water service disconnected shall be restored only upon payment of any turn-on charge and any other costs incurred by the assurances that the action causing the discontinuance will not be repeated.

(2) In addition to the foregoing, the city may, prior to restoration of service, install a flow-restrictive device on the customer’s service.

(C) After issuance of a warning or notice of violation, each day of continuing violation shall constitute a separate violation.

(D) Nothing in this chapter limits the authority of the city to seek judicial remedies available by law, including but not limited to injunctive relief. Violation of this chapter may be deemed a public nuisance subject to abatement as provided in Chapter 92.

(Ord. 1822, passed 6-28-93; Am. Ord. 1976, passed 10-26-98; Am. Ord. 2319, passed 2-8-21)

CHAPTER 52Water

52.01 DEFINITIONS.

52.02 CONSENT OF USERS; SERVICE TO BE FURNISHED ONLY TO PREMISES IN COMPLIANCE WITH RULES.

52.03 APPLICATIONS FOR WATER SERVICE; ACCOUNT SET-UP FEE.

52.04 WATER TO BE METERED; INSTALLATION OF METERS AND STREET SERVICE LINES.

52.05 WATER METERS.

52.06 APPLICATIONS FOR SPECIAL SERVICE; REQUIREMENTS.

52.07 [RESERVED].

52.08 WATER SERVICE CHARGES.

52.09 BILLING; DELINQUENCY; SHUTOFF.

52.10 USE OF FIRE HYDRANTS; UNAUTHORIZED USE OF WATERWORKS SYSTEM.

52.11 SERVICE REFUSED TO PREMISES WITH CONDITIONS LEADING TO CONTAMINATION.

52.12 SHUT-OFF WATER NOT TO BE TURNED ON BY UNAUTHORIZED PERSONS.

52.13 UNLAWFUL ACTS.

52.14 NO RESALE OR DISTRIBUTION OF WATER.

52.15 CONSTRUCTION OF WATER MAINS.

52.25 DECLARATION OF EMERGENCY.

52.26 VARIANCES.

52.27 APPLICATION OF PROVISIONS.

52.28 FIRST LEVEL OF WATER RESTRICTION (MODERATE ALERT LEVEL).

52.29 SECOND LEVEL OF WATER RESTRICTION (HIGH ALERT LEVEL).

52.30 THIRD LEVEL OF WATER RESTRICTION (EMERGENCY ALERT LEVEL).

52.31 ENFORCEMENT.

52.32 PROVISIONS CONTROLLING.

52.99 PENALTY.

CHAPTER 52
Water