Chapter 13.10 WATER QUALITY

“Apartment house” means all dwelling buildings not defined herein as a “single residence” whether or not such building is served through one meter or with separate meters to each household or dwelling unit. Any building built or altered to provide for the occupancy of two or more households shall be considered an “apartment house.”

“Commercial establishment” means any consumer not defined herein as a single residence or apartment house.

“Customer’s line” means the pipe, valves and fittings leading from the meter to the premises served.

“Household” means a one-family unit wherein are carried on the usual family functions of preparing meals, living and sleeping.

“Single residence” means a dwelling house built for a single household and not altered to provide for the functions of more than one household and in which not more than one household is maintained. “Single residence” includes a dwelling house in which one or more rooms are rented to a person or persons who may sleep but not prepare meals in such rooms and a dwelling house operated as a private boarding house serving meals to regular boarders or roomers; provided, that the operator of the house lives therein and not more than one household is maintained in such dwelling. “Single residence” also includes a dwelling house occupied by and owned by a single person who lives in one part thereof but rents the other part as a single apartment.

“Standard meter” means a five-eighths to three-fourths-inch meter.

“Standard pipe” means a three-fourths-inch pipe. (Ord. 453, § 1103; amended by Ord. 1310, § 2, April 2, 2013. Code 1983 § 71.110.)

13.10.020 Rates.

(1) All rates shall be based upon service to one customer at one point.

(2) Charges and rates for the water services provided by MCC 13.10.010 through 13.10.170 shall be established by resolution of the City Council and may be amended and revised as the City Council may see fit by like resolution. (Ord. 453, § 1120; amended by Ord. 1310, § 3, April 2, 2013. Code 1983 § 71.120.)

13.10.030 Written application required.

Applications for connection with the water system shall be in writing on a printed form to be furnished by the City and shall be signed by the owner or lessee of the premises to be served or by his authorized agent. The application shall contain:

(1) A full statement of the purposes for which the water will be used;

(2) A plan of connection to the buildings and household units;

(3) Plans for the customer’s line in case of a new connection; and

(4) An agreement to conform to the rules and regulations of the City Water Department concerning use of water as a condition to such use. Plans for the customer’s line shall be submitted to the City for approval before the construction of any new building or plumbing begins. It shall be unlawful and a violation of MCC 13.10.030 through 13.10.170 for any person to use water for any purpose other than as stated in his application for service or to resell any water or to supply other persons in any way. The City shall not be bound to furnish service upon receipt of an application in proper form and the acceptance or rejection of the application shall be at the discretion of the City. The application shall be accompanied by a connection fee and a security deposit as herein provided. (Ord. 453, § 1110; amended by Ord. 1137, § 1, August 4, 1998. Code 1983 § 71.130.)

13.10.040 Security deposit.

A cash deposit in an amount to be determined by the City Council as hereinafter provided shall be required of all persons not owning the premises to be served or living outside the City limits, which deposit shall accompany the application. An applicant for use of water shall deposit a sum to be determined by the City Council. The deposit less any charges owing by the customer to the City shall be refunded when the service is discontinued. The City may require a deposit in all cases, whether or not the applicant is a home owner, if in its judgment such a deposit is necessary to insure payment to the City, and whenever a customer’s credit has been established to the satisfaction of the City, the City may in its discretion order a refund of the deposit made. (Ord. 453, § 1106; amended by Ord. 1137, § 2, August 4, 1998. Code 1983 § 71.140.)

13.10.050 Payment for water service.

All water bills shall be due and payable on the first day of each month for all water used during the preceding water month and water bills shall be delinquent if not paid by the fifteenth day of such month. Payment shall be made to the Recorder at his office in the City Hall. The water month shall be from the fifteenth day of the month to the fifteenth day of the succeeding month subject to a few days’ variation caused by the time of meter reading. (Ord. 630, § 1. Code 1983 § 71.210.)

13.10.060 Computation of multiple service.

(1) In apartment houses or wherever two or more households are served through one meter the minimum shall be one residential rate as provided in MCC 13.10.020 plus an additional apartment rate as provided in MCC 13.10.020 for each occupied apartment. The total minimum rate so obtained shall be charged to the owner or lessee of the property to whom the service is metered. If the water used shall exceed the minimum as herein established the customer shall be charged on the basis of the total meter reading. No household or apartment shall be billed separately unless it is on a separate meter.

(2) The customer to whom the service is metered must report to the Recorder the number of households served through the customer’s meter by the end of the month in which the water was consumed or the customer will be charged on the basis of maximum occupancy of his premises.

(3) The monthly bill for two or more separate commercial establishments shall be computed and billed in the same manner. (Ord. 453, § 1105. Code 1983 § 71.215.)

13.10.070 Discontinuing service.

(1) The City Manager shall have the right to cut off and discontinue water service to any customer for the following causes:

(a) Failure to pay any water bill or charge after it is delinquent;

(b) Failure to report the number of households obtaining service through the customer’s meter or making a false statement concerning the number of such households;

(d) Reselling water or supplying water to other householders or persons;

(e) Violation of any of the water rules or regulations contained in MCC 13.10.010 through 13.10.170 or of any of the rules or regulations of the City Council;

(f) Wherever the meter or piping for the customer’s service has been tampered with so as to under-register the amount of water used; and

(g) Using water for any purpose other than stated in the customer’s application for water service.

(2) Whenever service is disconnected as herein authorized, it will not be reconnected until the customer, in case of delinquency in payment, has paid in full the delinquent bill or charges and made a security deposit and in all other cases has reimbursed the City in full for all damage or loss of revenue to the City caused by any of the violations hereby provided and has made a security deposit or otherwise satisfied the City Manager that the violations will not be repeated. In all cases in which service has been disconnected as provided herein, no application by any other member of the customer’s household will be accepted until satisfactory settlement by the customer for the delinquency or violation as herein provided.

(3) Service may be disconnected after three days’ written notice that a violation must cease and failure by the customer to eliminate such violation within said three-day period. Customer shall be notified that they have the opportunity to be heard by a City official or employee empowered to resolve any valid objections prior to disconnection. If a dangerous condition is found to exist on a customer’s premises, service may be discontinued without advance notice. In such case, the customer shall be notified that they have a post-discontinuance opportunity to be heard. Discontinuation of water service shall not be considered a penalty. (Ord. 453, § 1107; amended by Ord. 1137, § 3, August 4, 1998; Ord. 1310, § 4, April 2, 2013. Code 1983 § 71.220.)

13.10.080 The manner of making connections.

All connections to the City water mains shall be with standard pipe and meter to be provided by the City. The City shall furnish and install a meter as near the City water main as practicable and the customer shall furnish and connect the customer’s line to the meter; provided, that in no case shall a customer be required to furnish a line to a point more than seven feet into the City’s street from the line between his property and the City’s street. The customer shall furnish a stopcock or shutoff between his property line and the structure served by the water service and shall maintain such stopcock so that it shall be clear and accessible at all times. Such stopcock shall be located within six inches of the customer property line of all new construction or installations. The City shall provide a standard size connection and meter except where application for a larger size connection and meter is made by the customer, or where, in the opinion of the City, a larger size connection or meter is required to provide adequate water service. All meters, pipes and fittings furnished by the City shall remain City property. The City Council shall provide, by resolution, a schedule of connection fees which connection fees shall be equal to the cost to the City of the meter, and of material and cost of labor required in installing the connection and meter. (Ord. 696, § 3. Code 1983 § 71.225.)

13.10.090 Meter requirements.

Each residence or other separate building served by the City water system shall have its separate connection to the City water main with a separate meter and separate cutoff valve at the parking strip. The City Council may at its discretion require separate connections and separate meters for each household unit or apartment of an apartment house. All meters serving a customer’s premises will be read and billed separately and the readings will not be combined except where the City for its own convenience has installed two or more smaller meters in lieu of a larger meter. The City may at any time change meters or may attach a meter to the service pipe at any place and charge for the quantity of water used or measured at the regular established meter rates. When a meter becomes out of order and fails to register accurately, the charge shall be according to the average quantity used daily as shown by the meter when in order. No person unless properly authorized by the City shall connect, disconnect, remove, repair or otherwise disturb or tamper with any water meter after once set. The customer shall keep the meter free from obstructions so that it is conveniently accessible at all times for the purpose of reading, inspecting and repairing. (Ord. 453, § 1109; amended by Ord. 1137, § 5, August 4, 1998. Code 1983 § 71.230.)

13.10.100 Disconnection at request of customer.

(1) The customer shall continue liable for water service at the regular monthly rates whether or not the customer’s premises are occupied or water is used until the customer shall give written notice to the City to turn off the water.

(2) Should it be desired to discontinue the use of all water supplied to the premises for a period of not less than one month, notice in writing must be given, and payment in full of all arrears (if any) made to the Recorder. The water will then be turned off, and turned on again on application and the payment of the usual turn-on fee. No remission of rates will be made for a period of less than one month or without the notice prescribed in this section. (Ord. 453, § 1111. Code 1983 § 71.235.)

13.10.110 Service outside the City.

Water service may be furnished to customers at points outside the City limits, subject to the following requirements:

(1) The parcel to be served must be wholly within the urban growth boundary.

(2) The City Manager must determine, as a condition of service, that the water main to which the connection is to be made has adequate capacity to serve the premises.

(3) Mains, service lines and water meters laid or installed outside the City limits must be installed to the City’s specifications, at the customer’s expense for all labor and materials. The customer shall further properly install and thereafter maintain, at the customer’s expense, an approved backflow prevention device immediately downstream of the meter.

(4) The water meters shall be installed as near the City water main as the City Manager deems practicable.

(5) Rates for water service outside the City shall be set by resolution of the City Council.

(6) Connection, turn-off and similar fees may be in excess to the fees charged City customers at the discretion of the City Council to compensate the City for the extra time and mileage involved in service.

(7) No connection outside the City will be allowed, until the customer has filed his written application as provided in MCC 13.10.030 and has paid all connection and other service fees required and has made the security deposit provided in MCC 13.10.040.

(8) All outside City service 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 limits, shall be at the risk of the customer without guarantee of any kind by the City Council or the City.

(9) The City Manager may require, as an additional condition of extension of water service, easements for water utility facilities across the premises served, and further may require as a condition of such service a covenant to consent to annexation to the City of Monmouth of the owners of said premises.

(10) Except as otherwise specifically provided, all customers connecting outside the City shall be subject to all rules and regulations provided in this section. (Ord. 696, § 4; amended by Ord. 1365, § 1, June 21, 2016. Code 1983 § 71.240.)

13.10.120 Shut-off for repairs.

The water may at any time be shut off from the mains, without notice, for repairs or other necessary purposes, and the City Council and the City of Monmouth will not be responsible for any consequent damages. The City shall give as much notice of a shut-off as shall be possible under the circumstances. Water for steam boilers for power purposes will not be furnished by direct pressure from the City mains. Should damage result to City meters by reason of steam or hot water while the water is temporarily shut off, the customer shall be liable to the City for the cost of all repairs to the meter. (Ord. 453, § 1113; amended by Ord. 1137, § 5, August 4, 1998. Code 1983 § 71.245.)

13.10.130 Repair and protection of service pipes.

All service pipes, within and without the premises, except that portion between the tap in the City main and the curb cock or meter must be kept in repair, and protected from freezing at the expense of the owner, lessee, or agent, who must be responsible for all damages resulting from leaks or breaks. (Ord. 453, § 1116. Code 1983 § 71.250.)

13.10.140 Disconnection for waste.

(1) Water will not be furnished where there are defective or leaking faucets, closets or other fixtures, or where there are water closets or urinals without self-closing valves, or tanks without self-acting float valves; and when such may be discovered, the supply will be shut off from the premises.

(2) Water must not be allowed to turn to waste through any faucets or fixture in order to prevent freezing, or kept running at any time longer than necessary in its proper use. When such waste is found to exist, the water will be shut off from the premises.

(3) The representatives of the City shall have free access at proper hours of the day to all parts of the buildings and premises in which water may be delivered from the City mains, for the purpose of inspecting the condition of the pipes and fixtures and the manner in which the water is used. (Ord. 453, § 1117. Code 1983 § 71.255.)

13.10.150 Tampering with fire hydrants and lines.

No person or persons, except firemen in the discharge of their duties, shall open or in any way tamper with any fire hydrant or fixture connected with the mains of the said water system. No plumber or other person shall make any connection or alter any pipe line or meddle with any of the pipe lines belonging to the City or turn on water for a customer without the consent of and under the supervision of a representative of the City. (Ord. 453, § 1118. Code 1983 § 71.260.)

13.10.160 Unguarded excavations.

No person shall leave any excavation made in a street or highway open at any time without barricades, and during the night warning lights must be maintained at such excavation. (Ord. 453, § 1119. Code 1983 § 71.265.)

13.10.170 Use of private water and City water.

Buildings supplied with water other than furnished by the City of Monmouth may obtain City water at meter rates, providing that no physical connection shall in any way, directly or indirectly, exist between the private system and the City’s water system. When such connection is found to exist, the water will be shut off. (Ord. 453, § 1114. Code 1983 § 71.270.)

13.10.180 Water shortages.

In case of a shortage in the supply of water the City reserves the right to give preference in furnishing service to its customers as in the judgment of the City Manager shall be to the best interests of its customers. The City may prohibit the use of water for any purpose whether because of a shortage of water or otherwise, such regulation being within the police power of the City and a precautionary measure to promote the health and safety of the inhabitants of the City. (Ord. 453, § 1115; amended by Ord. 1137, § 7, August 4, 1998. Code 1983 § 71.310.)

13.10.190 Fluoride supplementation of the public water supply.

(1) The City Council of the City of Monmouth is hereby authorized and directed to provide for the addition of fluoride compounds to supplement the water supply of the City of Monmouth.

(2) Such fluoride compounds shall be added to the public water supply only in accordance with the statutes of the State of Oregon and rules of the State Board of Health adopted pursuant to such statute. (Ord. 1970-1, §§ 1, 2, May 26, 1970. Code 1983 § 71.320.)

13.10.200 Wastage.

Wastage includes:

(1) Permitting escape of water down a gutter, ditch or other surface drain;

(2) Failure to repair a controllable leak of water; and

(3) Failure to put to reasonable beneficial use any water withdrawn from the City’s water system. (Ord. 786, § 1. Code 1983 § 71.460.)

13.10.210 Power to declare an emergency.

The City Manager shall have the power to declare that an emergency exists as the result of drought or other conditions such that there is or will be a shortage of water. When an emergency has been declared, the City Manager shall have the power and authority to impose reasonable and necessary restrictions on the use of water after such notice, if any, as may be reasonable under the circumstances. Failure to comply with any such restrictions shall be grounds for discontinuing water service without notice. (Ord. 786, § 2; amended by Ord. 1137, § 9, August 4, 1998. Code 1983 § 71.510.)

13.10.220 Penalty.

Any person who violates the provisions of MCC 13.10.080 through 13.10.200 is guilty of a violation. Each day a violation continues shall be considered a separate offense. (Ord. 786, § 4; amended by Ord. 1137, § 11, August 4, 1998. Code 1983 § 71.695.)

13.10.230 Rules on contamination.

That the Oregon Administrative Rules, Chapter 690, Division 86, pertaining to domestic water supply production and delivery and all standards, listings and publications referred to in Chapter 690, Division 86 of the Oregon Administrative Rules are hereby adopted as the rules for domestic water supply for the City of Monmouth. (Ord. 782, § 1; amended by Ord. 1310, § 5, April 2, 2013. Code 1983 § 71.710.)

13.10.240 Reference for rules.

That a copy of Chapter 333, Sections 42-200 through 42-245 of the Oregon Administrative Rules shall be filed with the City Recorder and shall be available to the public for inspection. (Ord. 782, § 1. Code 1983 § 71.720.)

13.10.250 Extension of water main by developer.

As an alternative to the City constructing an extension to the municipal water system, the City Manager or his designee may, under conditions specified in MCC 13.10.250 to 13.10.320, permit a developer to make such an extension. (Ord. 994, § 1, Dec. 1, 1987. Code 1983 § 71.725.)

13.10.260 Filing for preliminary consent.

Preliminarily, the developer shall file with the City Manager a request to construct a water main extension, setting forth generally the proposed size and location of the water main and the purpose for which it is to be constructed. After receiving consent from the City Manager that the proposed extension may be constructed by developer under the terms of this chapter, developer may proceed within six months of the consent to file an application with the City Manager as provided in MCC 13.10.270. A determination by the City Manager that the proposed project is not in the best interest of the City may be appealed to the City Council by filing written notice of appeal within 30 days from the date of the City Manager’s decision. (Ord. 994, § 1, Dec. 1, 1987. Code 1983 § 71.726.)

13.10.270 Application by developer.

A developer who has received the City Manager’s consent to construct an extension to the municipal water system and desires to proceed therewith shall make application to the City Manager, which application shall provide the following information:

(1) Detailed plans and specifications conforming to adopted standards of the City;

(2) Cost estimates for the project, prepared and signed by professional engineer;

(3) Legal description and property owners’ names and addresses of all property adjacent to the project;

(4) Such other information the City Manager deems necessary to the approval of the project. (Ord. 994, § 1, Dec. 1, 1987. Code 1983 § 71.727.)

13.10.280 Approval by City Manager.

Upon approval of the application by City Manager, developer may proceed with the water main extension in accordance with the approved plans and specifications. Developer shall notify City Manager when construction commences and the construction shall be completed within one year of the day of the commencement of construction. All permits required under City and State law shall be obtained by developer or his contractor. (Ord. 994, § 1, Dec. 1, 1987. Code 1983 § 71.728.)

13.10.290 Filing statement of cost by developer.

Upon completion of the water main extension project, developer shall file with City Manager an itemized cost statement thereof. If the total cost shown on said statement exceeds the approved engineer’s estimate, the City Manager may approve the overage for the purposes of calculating connection fees in lieu of assessments if he is satisfied the overage was due to conditions not readily foreseen at the time of the construction. Any costs of developer attributed to water mains in excess of eight inches shall not be considered in arriving at connection fees in lieu of assessment figures. Total costs for purposes of this chapter are limited to:

(1) Design, survey and inspection costs;

(2) Easement and acquisition costs;

(3) Construction costs; and

(4) City labor, material and equipment. (Ord. 994, § 1, Dec. 1, 1987. Code 1983 § 71.729.)

13.10.300 Apportioning the cost of the extension project.

When the total cost of the project has been filed with the City Manager, he shall calculate the pro rata share of said cost for each property benefited, subject to approval by the City Council, and he shall file same in his office and in the office of the City Recorder. No such property owner shall be permitted to connect to said water main extension without first paying his or her proportionate share of said cost. (Ord. 994, § 1, Dec. 1, 1987. Code 1983 § 71.730.)

13.10.310 Ordinance declaring costs – Notice to property owners.

When the cost of making the water main extension has been ascertained and determined and the proportionate share thereof is apportioned to each lot, part of lot, or parcel of land as provided in this chapter, the City Council shall declare the same by ordinance and direct the City Recorder to enter a statement thereof in an appropriate ledger of his or her office. Upon passage of said ordinance, the City Recorder shall notify by mail each affected property owner of his apportioned share of the cost and that said sum shall be required to be paid prior to the property being connected to the municipal water system, in addition to the City’s standard and usual connection fee for connecting to the water system. Said ordinance shall be filed in the Book of Records at the Office of the Polk County Clerk. (Ord. 994, § 1, Dec. 1, 1987. Code 1983 § 71.731.)

13.10.320 Reimbursement of developer.

All money required to be paid by property owners connecting to a water main extension constructed by a developer pursuant to MCC 13.10.250 to 13.10.320 shall be refunded to the developer for 15 years following passage of the ordinance declaring the costs of the project. (Ord. 994, § 1, Dec. 1, 1987. Code 1983 § 71.732.)