Chapter 13.05 WATER

As used in this chapter, the singular shall include the plural, and the masculine shall include the feminine. Except where the context indicates otherwise, the following shall mean:

“Actual cost to the city” shall include the cost of materials, labor, payroll taxes, insurance, and similar items, plus 15 percent of labor and expenses for operation overhead.

“Applicant” means an individual, firm or corporation applying for water service.

“City” means the city of Pilot Rock.

“Customer” or “consumer” is an individual, firm or corporation, partnership, institution or association receiving water and sewer services from the water department.

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

“Household” means a unit where the usual household functions of living, sleeping and preparation of meals are carried on.

“Service line” means the pipe, valves and fittings laid from the main to and including the meter and meter box.

“Water main” or “main” means the pipe, usually eight inches or larger in diameter, ordinarily laid in the street parallel to the street lines and used for the distribution of water through service lines to water customers. [Ord. 480 § 1, 2000].

13.05.020 Purpose and policy.

In order to provide for the equable distribution of water by the city, water meters are to be installed on all private connections with the city water system in such order as the city council shall determine, or as the city council shall designate to be carried out by the city water superintendent. [Ord. 480 § 2, 2000].

13.05.030 Application for service.

Each prospective customer shall make a written application for water service at the office of the city recorder. The application shall be signed by the applicant and state the location of the premises for which the service is requested, the address to which bills are to be sent, information adequate to determine which rate shall apply and such other information as may be reasonably required. [Ord. 480 § 3, 2000].

13.05.040 Monthly rates.

All rates, fees or other charges shall be subject to the approval of the city council and established by resolution of the city council. [Ord. 480 § 4, 2000].

13.05.050 Utility reserve charge.

In addition to the monthly rates set out in this chapter, there shall be charged to each available utility user an amount set by resolution of the council as a utility reserve charge. Said sum shall be deposited by the clerk-recorder in a reserve account for the purpose of repairs, maintenance, replacement, purchase of equipment involved with the water and sewer departments, repairs, maintenance, replacement and additions to water and sewer lines, testing, monitoring, repairs and maintenance of the sewer lagoon. City council may establish a special service surcharge to pay for necessary or required system improvements. [Amended during 2011 codification; Ord. 480 § 5, 2000].

13.05.055 Utility reserve fund.

(1) There shall be charged to each available utility user a water utility reserve fee in the sum of $0.50.

(2) Said sum shall be deposited by the city recorder in a reserve account for the purposes of repair, maintenance, replacement, purchase of equipment involved with the water department’s repairs, maintenance, replacement, monitoring, testing and additions to water lines. [Ord. 553, 2012].

13.05.060 Special monthly rates.

The council shall have the authority by resolution to establish special rates for water service to the public schools, for summer residential service, for summer irrigation service and for low income and/or elderly residential service.

(1) Low income citizens shall pay a minimum monthly rate as set by resolution of the council for up to 1,500 cubic feet of water. For any amount over 1,500 cubic feet the regular residential rates apply.

(a) A “low income citizen” is a person whose income, earned or unearned, is not more than the federal poverty guidelines for farm individuals or families (income from bonds, stocks, savings interest or other interest income of any kind shall be counted within the income limitation); who owns no real property other than his/her/their home; and who is dependent upon his own resources for support, living alone or with members of his family who are dependent on him for support.

(b) Application for the low income citizen’s rate shall be made with a sworn statement of his income and financial resources. Such statement and application shall be referred to the city council for final determination of the qualifications of the applicant and upon such determination by the council the special rate shall apply as long as the water customer remains a low income citizen as herein defined and resides in the residence for which the low income rate is requested.

(c) It shall be the duty of the water customer who has been granted the low income rate to inform the city recorder of any change of status affecting his qualifications for such special rates.

(d) Customers must reapply annually for low income rates. [Amended during 2011 codification; Ord. 480 § 6, 2000].

13.05.070 Failure to read meters.

In the event it shall be impossible or impractical to read a meter during the billing cycle, the bill will be computed upon the consumption by the customer for the same month of the preceding year. [Ord. 480 § 7, 2000].

13.05.080 Meter error.

A customer may request the city test the meter serving his/her premises if the meter is one inch or larger.

(1) The customer shall deposit an amount to cover the reasonable cost of the test. This deposit will be returned if the meter is found to register more than three percent fast. The deposit required of a customer requesting a meter test shall be set by resolution of the council.

(2) The customer or his representative shall have the right to be present when the test is made, and a customer who requests a meter test will be notified not less than two days in advance of the time and place of the test.

(3) A written report giving the result of the test shall be available to the customer within 10 days after completion of the test.

(4) Adjustment of bills for meter error will be made according to the provisions of PRMC 13.05.040. [Amended during 2011 codification; Ord. 480 § 8, 2000].

13.05.090 Cash deposits.

To secure payments of bills for water service, the applicant, before the water is turned on, shall make a cash deposit as determined by fee resolution. [Amended during 2011 codification; Ord. 480 § 9, 2000].

13.05.100 Payment of the bills.

Charges of water and sewer service charges shall be shown on the same bill, and all charges are due and payable monthly at the office of the city recorder on the date of mailing and become delinquent 10 days thereafter.

Water service to customers shall be discontinued when bills are 60 days delinquent, and, when service is so discontinued, it will not be turned on for the customer or in the name of any member of the family until the charges have all been paid. When service is turned off for nonpayment of bills, a turn-on charge, payable in advance, shall be made before service will be restored. This turn-on charge will be set by resolution of the city council. [Ord. 480 § 10, 2000].

13.05.110 Conditions of service.

Service to water users shall be subject to the rules, regulations and rates applicable thereto and in effect at the time of service accepted, or as they may be adopted or modified from time to time by the council. Service to individuals or groups may be discontinued for failure of an individual to comply with the provisions of this chapter and the rules and regulations for the use of water. [Ord. 480 § 11, 2000].

13.05.120 Unauthorized turn-on.

After the water has been shut off by the city, if it should be turned on by any person other than the city water superintendent or a person authorized by him, the meter will be locked and it will not be unlocked until a charge for unlocking the meter in addition to all other charges and arrears due have been paid. The unauthorized turn-on fee shall be set by resolution of the city council. [Ord. 480 § 12, 2000].

13.05.130 Discontinuance of service.

(1) On customer request, each customer about to vacate any premises supplied with water service by the water department shall give the water department (City Hall) notice of his intentions at least three business days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all water supplied to such premises where service is supplied or that he desires to be discontinued, the meter will be read and a bill rendered.

(2) Nonpayment of Bills.

(a) A customer’s water service may be discontinued if the water bill is not paid in accordance with the rate schedules as set by resolution and PRMC 13.05.100. Late fees and penalties shall be assessed as set by city council fee resolution.

(b) The property owner shall be responsible for the payment of any outstanding debts for all utility service charges on rental property.

(3) Nonpayment of Sewer Service Charges. If said sewer charges are not paid when due by any person, firm, corporation whose premises are served or who are subject to the charges provided in Chapter 13.10 PRMC, Sewers, water service provided to that customer by the city of Pilot Rock water department may be discontinued because of the default in the payment of the sewer service charges. [Amended during 2011 codification; Ord. 480 § 13, 2000].

13.05.135 Delinquent accounts.

(1) Policy. To keep costs of operations as low as possible, the city’s policy is to pursue collection of all accounts. Prompt payment is expected.

(2) Procedure.

(a) A city services account shall be deemed a delinquent account if it is not paid in full on or before the twentieth day following the account’s billing date. For purposes of this section, “paid” means received in the City Hall. Payments placed in the drop boxes provided by the city shall be deemed as received as of the next business day.

(b) The next bill generated without full payment will be stamped “Past Due” and serve as first notice of delinquency.

(c) The city shall serve written notice of delinquency to the property owner and ratepayer if different from the property owner or ratepayer postmarked 10 days prior to shutoff. Notice will also be provided to an occupant if the city has been informed the residence is occupied by someone other than the owner or ratepayer. This shall serve as second notice of delinquency. This notice shall inform the ratepayer of his or her right to request an administrative review, and the procedure for requesting the review, to challenge the shutoff. A $15.00 late fee shall be assessed at this time.

(d) Four days prior to shutoff, a door-hanger affixed to the primary entry door of each dwelling unit associated with the service address shall serve as last notice. A fee of $5.00 per door-hanger will be charged to the ratepayer/customer at the service address where notification occurs.

(3) Disconnection and Restoration of Service.

(a) Service upon an occupant who is not responsible for payment will not be terminated for a period of four days after notice to discontinue service was served upon the occupant and the person responsible for payment. An occupant that is not responsible for payment may make a payment to the account.

(b) The city will not enter into another water and sewer agreement with an applicant until all delinquent amounts are paid.

(d) Subject to the appeal procedure provided in subsection (4) of this section, the city recorder, public works director and/or designee is authorized to turn off water service at any location for which there exists a delinquent city services account no earlier than the forty-eighth day after the date of billing on that account. Discontinuance of water service shall be in addition to any other remedies or penalties provided herein or any other ordinance of the city or by any other applicable law.

(e) For services subject to disconnection, the city may charge a “turn-on” fee as established by resolution and approved by council to owners of the account. The customer is required to pay the “turn-on” service fee and bring the account to a $0.00 balance before service is restored.

(f) The city will not terminate water service solely at the request of someone other than the ratepayer or the ratepayer if the city has been informed the residence is occupied by someone other than the ratepayer. Nothing in this section prevents the city from terminating water service for delinquency of payment as provided herein.

(4) Administrative Review to Challenge the Shutoff.

(a) Having been served notice of disconnection, the ratepayer may request an administrative review by contacting City Hall no later than two business days prior to shutoff.

(b) At the review the city recorder and/or public works director will consider all evidence, options and requests.

(5) Application for Service Renewal Due to Delinquency Turnoff.

(a) A service that has been disconnected for nonpayment will be required to bring the account to a $0.00 balance including service fees prior to reconnection.

(b) Service Renewal. To renew service that has been disconnected due to nonpayment, where the request is made during regular office hours 8:00 a.m. to 5:00 p.m., a “turn-on” service fee as set by the city council fee resolution shall be charged.

(c) To renew service that has been disconnected due to nonpayment, where the request is made after regular working hours, an “after-hours turn-on” service fee as set by the city council fee resolution shall be charged. This charge is in addition to subsection (5)(a) of this section.

(d) Water service shall not be restored until all charges, including late fees and turn-on fees, have been paid.

(6) Recovery of Unpaid Charges. Any charge due hereunder which shall not be paid when due may be recovered in an action at law by the city.

(a) The property owner shall be responsible for the payment of any outstanding debts for all utility service charges on rental property.

(b) On property, the city shall turn outstanding debts over to a collection agency.

(7) Nonpayment of Sewer Charges. If said sewer charges are not paid when due by any person, firm, corporation whose premises are served or who are subject to the charges provided in Chapter 13.10 PRMC, Sewers, water service provided to that customer by the city of Pilot Rock water department may be discontinued because of the default in the payment of the sewer service charges.

(8) The city recorder and/or public works director is hereby empowered and directed to enforce this provision as to all delinquent accounts, using the procedure provided in this section. The employees of the city shall at all reasonable times have access to any premises served by the city for inspection, repair or the enforcement of the provisions herein. [Ord. 564, 2015].

13.05.140 Emergency turn-ons.

Request to have water turned on during times other than business hours shall be subject to an additional charge as set by resolution of the council and will be added to the first subsequent billing. [Ord. 480 § 14, 2000].

13.05.150 Basis of rates and resale.

The rate schedule for each class of service is based on service to one water customer at one point.

No water from the city water system shall be resold or distributed by the recipient thereof to any premises or water customers other than those for which the application has been made and approved.

Where water is distributed through a master meter to members within a group, the rate to each member shall be no higher than that which the city would charge that member if he were served directly by the city except that lawfully organized cooperative groups or districts may set rates different from those of the city if such rates are submitted to and approved by the council before going into effect. [Ord. 480 § 15, 2000].

13.05.160 Group customers.

The city may, at its discretion, serve water through one meter to two or more separate houses or establishments. Such connection shall be considered as one service and shall be billed on consumption, plus the minimum monthly water rate for each house or establishment in excess of one, to a maximum of 20 establishments. No reduction shall be made for any vacant premises that is turned off for less than one billing cycle. This shall exclude mobile homes and mobile home courts. [Ord. 480 § 16, 2000].

13.05.170 Multiple-unit dwelling customers.

If one meter serves two or more apartments or dwellings, each account shall remain in the name of the property owner, unless additional meters serving each individual dwelling are installed at the property owner’s expense. [Amended during 2011 codification; Ord. 480 § 17, 2000].

13.05.180 Meters.

The city shall have access to meters at all times. [Amended during 2011 codification; Ord. 480 § 18, 2000].

13.05.190 Records.

The city will keep an accurate record of all water customers and the charges and payment for use of water. For the purpose of making charges, each meter servicing customers’ premises will be considered separately, and the readings will not be combined except where the city, for convenience or operating necessity, elects to install more than one meter to serve the customers’ premises, in which case the readings will be combined for the purpose of making charges. [Ord. 480 § 19, 2000].

13.05.200 Leak adjustments.

It shall be the responsibility of the customer to locate any leaks in the customer’s lines. If a leak occurs in the customer’s line under the surface of the ground, and is deemed to have been fixed, an adjustment may be made on a case-by-case basis. The adjustment will be derived from the utility billing software and based on leak consumption. [Amended during 2011 codification; Ord. 480 § 20, 2000].

13.05.210 Use of water.

Water will not be furnished where there are leaky or defective faucets, closets, or other fixtures, or where there are closets or urinals without self-closing valves, or tanks without self-closing float valves. [Ord. 480 § 21, 2000].

13.05.220 Waste.

No customer shall cause or permit water to run or be discharged through fixtures, pipes, faucets on his premises in excess of the quantity actually used for domestic, irrigation, or other lawful purposes. [Ord. 480 § 22, 2000].

13.05.230 Tampering.

No person unless authorized by the city council or city water superintendent shall tamper, alter, or injure any part of the city pumping plant, machinery, distribution system or meter, or open or close any fire hydrant or stopcock on the service line. [Ord. 480 § 23, 2000].

13.05.240 Cross-connections.

No person shall install or maintain any physical cross-connection between the city water system and any source of water supply. [Ord. 480 § 24, 2000].

13.05.245 Regulations for cross-connections to city water supply.

(1) Health Regulations. It shall be unlawful to cross-connect the city water supply and any other source of water unless such connection and source are approved by the public works director.

(2) Plumbing Code. Customers shall install, maintain and operate their plumbing systems using the city’s water supply in accordance with the current Oregon State Plumbing Code, and Oregon State Board of Health regulations.

(3) Swimming pools, wading pools or other such devices shall be constructed so that (a) the conduit or pipes supplying the water from the city’s distribution system at the point of outlet of the supply conduit or pipe shall be at least one foot above the top of the pool curb or deck; or (b) with a backflow prevention device approved by the Oregon State Board of Health and city.

(4) Siphon or Injector Pumps. It shall be unlawful for any person to install, maintain or use any water siphon or injector type pump operation for drainage purposes which uses the water supply from the city’s distribution system.

(5) Lawn, Garden or Fire Sprinkling Systems.

(a) Customer lines leading to lawn, garden or fire sprinkling systems using the water supply from the city’s distribution system shall contain an approved backflow prevention device to prevent back-siphonage of water that may be standing on the lawn in the event of interruption of service. Such devices shall be regularly inspected and tested annually by a certified backflow prevention service tester. Test reports shall be sent to the city and State Health Department. Backflow prevention devices shall be serviced, overhauled, or replaced whenever they are found to be defective and all costs of inspection, repair and maintenance shall be borne by the customer.

(b) No customer shall install or cause to be installed a lawn, garden or fire sprinkling system without first obtaining a permit to do so from the city. Said permit shall be issued upon payment of a permit fee at the rate established by resolution, and upon approval of the plans for the lawn, garden or fire sprinkling system. All installations shall comply with the provisions of this chapter, and with the current Oregon state plumbing laws and rules and regulations concerning lawn and fire sprinkling systems.

(6) Protection Against Circulating Flow. When a customer is served by more than one meter connection or water source other than the city and the connections are interconnected on the customer’s premises, an approved backflow prevention device shall be installed and maintained by the customer in each of the customer’s lines leading from the city’s meter connections.

(7) To protect and maintain the quality of Pilot Rock’s drinking water, an approved properly installed backflow prevention device shall be installed whenever the public works director finds such installation to be necessary due to an existing or potential pollution or contamination hazard. The type of service required will depend on the degree of the hazard severity.

(8) Installation of Backflow Prevention Services. All backflow prevention devices shall be installed in accordance with the Manual of Cross-Connection Control and the Pacific Northwest Section, American Water Works Association manual. All installations shall be approved by the public works director.

(9) Inspection of Premises. The city’s water department employees shall have the right to enter upon and inspect any water-plumbing system receiving water from the city. The purpose of such inspections shall be to identify any cross-connection or other existing or potential contamination hazards.

(10) If a violation of this section exists and if after notification the violation is not rectified within 30 days, the city reserves the right to discontinue all water service to the premises without further notice. Service shall not be resumed until the premises complies with this section or satisfactory arrangements are made and acknowledged by city in writing to comply. [Ord. 546, 2011].

13.05.250 Right of entry.

The city water superintendent, or his designated representative, shall have free access at reasonable hours of the day to all parts of buildings for the purposes of inspecting the conditions of the pipes and fixtures and the manner in which the water is used, only in the event of a public safety emergency. [Amended during 2011 codification; Ord. 480 § 25, 2000].

13.05.260 Emergency shutoff.

The water may be shut off from the mains without notice for repairs and other necessary purposes, and the city will not be responsible for any consequent damages, but whenever practical, the city shall give reasonable notice before the water is shut off from the mains. [Ord. 480 § 26, 2000].

13.05.270 Service connection application.

Application for the installation or alteration of a service connection from the city water system will be made at the office of the city. The applicant must fully and truly state all purposes for which the water may be required; also, application must be made prior to service being provide to the customer. [Ord. 480 § 27, 2000].

13.05.280 Service line.

The city owns and will furnish, install, maintain, and connect the service line. No connection to or disconnection from the city mains or alteration in the service line up to the property line will be made by anyone but the city water superintendent or a city employee under his/her direction. [Amended during 2011 codification; Ord. 480 § 28, 2000].

13.05.290 Customer line.

The customer line will be laid and maintained by and at the expense of the property owner, who shall protect such line from injury and be responsible for all damages resulting from leaks and breaks or other causes. Customer’s line pipe shall not be less than three-fourths inch in size and the line shall conform to the plumbing regulations of this city and the state of Oregon and shall meet with the inspection standards of both, respectively. [Ord. 480 § 29, 2000].

13.05.300 Connection charge.

New mains and service lines extended to customers inside the city will be owned, installed, and maintained by the city and his/her designee. Service line sizes will be determined by the city, and connections charges will be based on the city’s cost of labor, materials, engineering and 15 percent overhead for extending mains and service lines from the nearest city main. [Ord. 480 § 30, 2000].

13.05.310 Service to customers outside the city.

To provide city water services, the customers must be within the urban growth boundary and be annexed into the city (see PRMC Title 18). [Ord. 480 § 31, 2000].

13.05.320 Easement.

Each applicant for water service, who has either applied for or is making use of water provided by the city, grants the city irrevocable license to cross the applicant’s property for the purpose of installing, maintaining, and servicing the water lines, meters, etc. The city agrees to use reasonable judgment when excavating on the applicant’s property and to restore the property to as near original condition as is reasonably possible, or provide reasonable restitution for any damages thereto. [Ord. 480 § 32, 2000].

13.05.330 Penalty.

Any person violating any of the provisions of this chapter, other than those relating to payment or nonpayment of rates or charges, shall upon conviction thereof be punished by a fine of not more than $100.00. [Ord. 480 § 33, 2000].