Chapter 13.16
UTILITY USE REGULATIONS
Sections:
13.16.010 Water control valve required.
13.16.020 Water meter requirements.
13.16.030 Garden water meters.
13.16.050 Water apparatus on customer’s property.
13.16.060 Service discontinuance at customer request.
13.16.070 Abandoned and non-revenue-producing services.
13.16.080 Disconnection from water system – Destroyed or removed structures.
13.16.090 Disconnection from water system – Reuse of old facilities.
13.16.100 Discontinuance – For customer noncompliance.
13.16.110 Discontinuance – Wasting water.
13.16.120 Discontinuance – Fraud and abuse.
13.16.130 Unauthorized water turn-on prohibited.
13.16.140 Resale of water prohibited.
13.16.150 Illegal taps prohibited.
13.16.160 Injuring or destroying structures or equipment.
13.16.170 Liability for damages.
13.16.180 Installation of toilets and sewers required when.
13.16.190 Privies, cesspools and septic tanks prohibited.
13.16.200 Dumping excrement or other waste prohibited.
13.16.210 Discharging wastes to watercourses prohibited.
13.16.220 Use of public sewers required.
13.16.230 Maintenance of septic systems required.
13.16.240 Changing of septic systems facilities limited.
13.16.010 Water control valve required.
A customer must install a suitable valve on the building service line as close to the meter location as practical, the operation of which will control the entire water supply for the service. (Ord. 15-05 § 2, 2015)
13.16.020 Water meter requirements.
A. It is unlawful for any person to obtain water from a city main except through a meter, unless water is sold in bulk by authorized city personnel.
B. All meters shall be furnished and owned by the city; however, the meter shall be paid for by the customer and maintained by the city.
C. The city may seal meters at the time of installation, and no seal may be altered or broken except by one of the city’s authorized agents.
D. The city may require additional submeters on the building supply to facilitate calculation of sewer service charges which are based either wholly or in part on water consumption. The customer shall pay for any such submeters. (Ord. 15-05 § 2, 2015)
13.16.030 Garden water meters.
A. At the request of an existing water customer, the city shall furnish and install a garden water meter.
B. The city will only install a garden meter on building lots with an existing water service connection.
C. An account with a garden meter may only be used to provide water to gardens, lawns, landscaping, and similar outdoor plantings.
D. A customer requesting a garden meter must pay all fees and charges as provided in the utility code for a regular service connection. (Ord. 15-05 § 2, 2015)
13.16.050 Water apparatus on customer’s property.
A. The city may refuse to furnish water and may discontinue service to a premises where an apparatus, appliance or other equipment using water is dangerous, unsafe, or is being used in violation of laws, ordinances or legal regulations.
B. The city does not assume liability for inspecting apparatus on the customer’s property. However, the city reserves the right of inspection if there is reason to believe that unsafe or illegal apparatus is in use. (Ord. 15-05 § 2, 2015)
13.16.060 Service discontinuance at customer request.
A. A customer may have utility service discontinued by notifying the city at least five days in advance of the desired date of discontinuance.
B. If the customer does not give notice, the customer must pay for utility service until the date the city has learned the customer has vacated the premises or a new customer has requested service. (Ord. 15-05 § 2, 2015)
13.16.070 Abandoned and non-revenue-producing services.
A. The city may remove a utility service connection to a premises that has been abandoned or not used for a period of one year or longer.
B. The city will only begin new utility service when the city receives a new customer application and payment for the new connection. (Ord. 15-05 § 2, 2015)
13.16.080 Disconnection from water system – Destroyed or removed structures.
A. When any structure connected to the water system is destroyed by an act of God, is removed, or is torn down, and/or no longer usable, it shall be required to disconnect from the water system. The owner must advise the city of the destruction, stating the date of destruction or removal of the structure, and pay all user service charges to the date of destruction or removal, and thereafter no water or sewer user service charge will be made to the property until new improvements, if any, are placed on the property. However, the customer must continue to pay other fees, including street, stormwater and park fees.
B. When the property is relieved from user service charges and then reconnected to the utility system, the city will determine whether the property had paid into the appropriate utility fund the amount required while the property was using city utilities. If the property had paid user service charges equal to the amount required under the utility rates that were in effect at the time of the disconnection from the utility system, the city will not levy any additional charges.
C. In addition, when a building with water service is destroyed or is relocated to a different property and thereafter replaced by a new building within three years after the date of destruction or removal, the city shall not levy a system development charge for the new building, unless the new building constitutes an increase in use under the system development charge schedule currently in effect. If the replacement building requires a greater system development charge than compared to the destroyed or relocated building previously on the same site, then a credit will be given on the replacement building’s system development charge equal to that of the previous building fee, and when the above provisions of this section and SMC 13.16.070 are met.
D. The current system development charge schedule shall be used for all comparisons and credit determinations under SMC 13.16.070 through 13.16.090. When a destroyed or relocated building is not replaced by a new building within three years of the date of destruction, then the owner of any replacement building must pay the full system development charge in effect at the time of application for water service. (Ord. 15-05 § 2, 2015)
13.16.090 Disconnection from water system – Reuse of old facilities.
A. Before the city will issue a moving or wrecking permit, city personnel must shut off the building water service. If a new building permit is not issued for the site within six months of the old building removal date, city personnel may remove the meter and cap the water service.
B. In addition, when a building with water service is destroyed or relocated to a different property and is not replaced by a new building within three years from the date of destruction or removal, the public works director or director’s designee may inspect the water service to determine whether it is in usable condition and is to be reused. If the water service is found unusable, the property owner is required to pay all costs for replacement of the water service connection. In addition, the city will charge a new water meter to any service abandoned or disconnected more than three years. (Ord. 15-05 § 2, 2015)
13.16.100 Discontinuance – For customer noncompliance.
A. Except where the utility code stipulates a lesser period, the city may discontinue utility service to a customer for noncompliance with a city utility regulation if the customer fails to comply with the regulation within five days after receiving written notice of the city’s intention to discontinue service.
B. If such noncompliance affects matters of health or safety, or other conditions warrant such action, the city may discontinue utility service immediately.
C. It is unlawful for any person or persons to occupy, reside in, or permit the occupancy of a living unit, structure or other premises when such premises, living unit or structure is not connected to a private or public sewer system and does not have water service.
D. The penalty for a violation of this section shall be as set forth in Chapter 1.08 SMC. (Ord. 15-05 § 2, 2015)
13.16.110 Discontinuance – Wasting water.
Where wasteful or negligent water use seriously affects the general service, the city may discontinue the service if such conditions are not corrected within five days after the customer is given written notice. (Ord. 15-05 § 2, 2015)
13.16.120 Discontinuance – Fraud and abuse.
The city has the right to refuse or to discontinue utility service to a premises to protect itself against fraud, abuse or unauthorized use. (Ord. 15-05 § 2, 2015)
13.16.130 Unauthorized water turn-on prohibited.
Except for an authorized city employee, no person may lawfully turn on a water service connection that the city has turned off. (Ord. 15-05 § 2, 2015)
13.16.140 Resale of water prohibited.
Except by knowledge and consent of the city, customers may not resell water received by the customer from the city, nor may water be delivered to premises other than those specified in the application for service. (Ord. 15-05 § 2, 2015)
13.16.150 Illegal taps prohibited.
All unauthorized taps on the city water or sewer system are designated as illegal taps and subject to removal and fine. (Ord. 15-05 § 2, 2015)
13.16.160 Injuring or destroying structures or equipment.
No unauthorized person shall maliciously, willfully or negligently break, damage, destroy, uncover, deface or tamper with any structure, appurtenance or equipment that is a part of the city’s utility system. (Ord. 15-05 § 2, 2015)
13.16.170 Liability for damages.
A customer is liable for any damage to a meter or other equipment or property owned by the city which is caused by an act of the customer, or agent thereof. The customer must reimburse the city for such damage on presentation of a bill. (Ord. 15-05 § 2, 2015)
13.16.180 Installation of toilets and sewers required when.
The owner of any house, building, or property used for human occupancy, employment, recreation, or other purpose, situated within the city, and abutting on any street, alley, easement or right-of-way in which there is now located or may in the future be located a sanitary sewer of the city is hereby required at owner’s expense to install suitable toilet facilities therein, and to connect such facilities directly with the proper sewer in accordance with the provisions of this chapter, within 90 days after date of official notice to do so; provided, that the public sewer system is within 300 feet of the property, that the public sewer can be extended to serve the property, and that the public sewer system is physically available. The requirements of this section can be deferred upon demonstration to the city that the property’s alternate sewage disposal system is properly working, does not require replacement or upgrade, and does not pose any threat to the public’s health, safety or welfare. The alternate sewage disposal system may not be upgraded, repaired or replaced once the city has given notice that connection to the public sewer system is required. (Ord. 15-05 § 2, 2015)
13.16.190 Privies, cesspools and septic tanks prohibited.
It is unlawful to construct or expand any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage. (Ord. 15-05 § 2, 2015)
13.16.200 Dumping excrement or other waste prohibited.
It is unlawful for any person to place, deposit or permit to be deposited in any unsanitary manner on public or private property within the city, or in any area under the jurisdiction of the city, any human or animal excrement, garbage, or other objectionable waste. (Ord. 15-05 § 2, 2015)
13.16.210 Discharging wastes to watercourses prohibited.
It is unlawful to discharge to any natural outlet within the city, or in any area under the jurisdiction of the city, any sewage or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of Division II of this title. (Ord. 15-05 § 2, 2015)
13.16.220 Use of public sewers required.
No person shall cause or permit any sewage, septage, or industrial waste generated, resulting, or occurring from any activity or industry located inside or outside the city, to flow or be discharged inside the city except flow or discharge into a public sewer, unless the discharge is authorized under this chapter or state law. (Ord. 15-05 § 2, 2015)
13.16.230 Maintenance of septic systems required.
Septic systems that have been established pursuant to a county permit prior to the effective date of the ordinance codified in this section shall be maintained in good working order at all times. In the event that a septic system is determined by the public works director to not be in good working condition, it must be repaired within 30 days by the owner. Failure to repair the system within the time specified herein shall constitute a waiver and abandonment of the septic system. If a septic system has been abandoned, and a use of the structure continues, then the structure shall be in violation of SMC 13.16.050. The maintenance of a use in violation of SMC 13.16.050 shall constitute a nuisance and the public works director shall order the abatement thereof. An appeal of any order from the director abating the nuisance shall be filed with the municipal judge with a fee of $200.00. (Ord. 15-05 § 2, 2015)
13.16.240 Changing of septic systems facilities limited.
Septic systems that have been established pursuant to a county permit prior to the effective date of the ordinance codified in this section may be changed only if the applicant complies with the provisions of Oregon Administrative Rules governing sanitary septic system expansion. (Ord. 15-05 § 2, 2015)