Chapter 4.05 WATER SYSTEM

Pursuant to the general laws of the state and the powers granted by the charter of the city, the council declares its intention to acquire, own, construct, equip, operate, and maintain within or without the city of Halsey water lines, equipment and appurtenances necessary, useful, or convenient for a water distribution system. [Ord. 436, 2020; Ord. 406 § 1, 2015.]

Article I. Water Connections and Connection Charges

4.05.020 Application for permit required.

No person shall connect premises to the city water system or make a change in water service, size or location without a permit to do so. [Ord. 436, 2020; Ord. 406 § 2, 2015.]

4.05.030 Conditions for granting permits.

(1) Any person wishing to connect to the city water system or to make a change in water service size or location shall apply to the city for a permit to do so. Except where council action is necessary in subsections (2) and (3) of this section, the city administrator/recorder shall have the authority to grant the permits.

(2) The primary purpose of the city water system is to provide services to property within the city. The council may grant a permit for water service to property outside the city if it finds that the city has an ample supply of water for its own present and future use and that the services proposed would be consistent with city needs.

(3) Whenever an applicant’s requirements for water are unusual, large, or necessitate considerable special or reserve equipment or capacity, the council may impose special limitations or charges on the service or make special exceptions to otherwise applicable limitations or charges, and these provisions shall be in writing on the water service permit. [Ord. 436, 2020; Ord. 406 § 3, 2015.]

4.05.040 Fees, service charges and advanced payment.

(1) All fees, service charges and advanced payments shall be in accordance with the most current fee resolution.

(2) All municipal corporations shall be exempt from the above fees. [Ord. 436, 2020; Ord. 406 § 4, 2015.]

4.05.050 Use of water.

(1) Single-Family Residences. Each single-family residence supplied water shall have one service connection.

(2) Apartment Unit. Each apartment unit in a multiple-family dwelling being supplied water by the city shall have either a separate service connection for each unit, or one connection may serve up to four living units in any one multiple-family dwelling; provided, that each unit pays a connection fee and a monthly service charge. If the council determines that only one meter may be used for a multiple-family dwelling, the service charge for each unit shall be determined as follows:

(a) The total water consumed as indicated by the meter shall be divided by the number of units served by the meter, and the gallons used off each unit shall be charged the service charge set forth in HMC 4.05.040.

(3) Separate Connections. No person shall take or use city water from premises other than his own. No connection through which water may pass from one residence or connection to another shall be constructed, even if the ownership of both is the same. Any such connection in existence at the time of passage of the ordinance codified in this chapter shall be disconnected within 30 days from the date the owner or occupant of the premises is given written notice to disconnect by the city.

(4) Water Turned On. When the water has been turned off by the city for any reason, no person except an authorized employee or agent of the city may turn it on again.

(5) Type of Connection. No steam boiler or hot water heater shall be directly connected to the service pipe. The owner shall make provisions, including safety valves and check valves, as may be required by the city before the water may be supplied to such an installation.

(6) Compliance Requirement. Service pipe and water piping in all premises shall be installed in accordance with the state plumbing code, Oregon Administrative Rules, and all applicable ordinances and rules and regulations of the city.

(7) Fire Protection. When pipes are provided for fire protection inside any premises or where hose connections for fire apparatus are provided inside any premises, each connection or opening of the service pipes shall have not less than 25 feet of fire hose constantly attached and no water shall be taken through the opening or hose for any purpose other than for extinguishing fires, or for the purpose of testing the fire equipment. [Ord. 436, 2020; Ord. 406 § 5, 2015.]

Article II. Accounts and Billing

4.05.060 Responsible parties.

The owner of the premises served by the water system and the customer using the service shall be jointly and severally responsible for all service charges incurred by the premises served. [Ord. 436, 2020; Ord. 406 § 6, 2015.]

4.05.070 Form of payment.

The city may require that a customer’s payment be made by cash, certified check or other method designated by the recorder if the customer has, within the previous three months, issued one or more checks to the city which have been returned by the bank due to insufficient funds in the account. [Ord. 436, 2020; Ord. 406 § 7, 2015.]

4.05.080 Water service fund.

The city clerk, upon the receipt of funds, shall credit all revenues received from the charges and fees to a fund designated “water fund.” The administrative cost for collecting the water charge shall be paid from the fund. [Ord. 436, 2020; Ord. 406 § 8, 2015.]

4.05.090 Delinquent accounts.

(1) Delinquency schedules, notices and fees shall be in accordance with the most current fee resolution.

(2) Customers shall be notified of and have the opportunity to be heard by the city administrator/recorder or an employee empowered to resolve any valid objections to the billing prior to the disconnection.

(3) In cases of extreme hardship, the city clerk may renew service to a delinquent account upon receipt of a signed payment agreement for payment of the overdue amount. If the payment agreement is not paid on time each month, it will be lost, and the water will be shut off until the delinquent amount is paid. [Ord. 436, 2020; Ord. 406 § 9, 2015.]

4.05.100 Remedies for nonpayment.

(1) If the charges provided for by this chapter are not paid when due, the amount, with any delinquency charges, may be recovered from the person whose premises is served or from the customer, or both, in any court of competent jurisdiction, and the city shall be allowed, as costs, a reasonable amount to be fixed by the court as attorney’s fees for the prosecution of the action.

(2) If the charges are not paid when due, they may be submitted to a collection agency, and a fee may be charged for this service, as specified in the current fee resolution. If the property is a rental, the city will attempt to collect the unpaid balance from both the tenant and the landlord. Both the property owner and the tenant may be submitted to collections for a delinquent balance over 90 days.

(3) In addition to the above-mentioned procedures for collection, the city shall have the right to certify to the tax assessor of the county the amount of delinquent charges, along with any delinquency charges, for collection as provided by state law. [Ord. 436, 2020; Ord. 406 § 10, 2015.]

Article III. Discontinuance of Services

4.05.110 Unsafe apparatus.

(1) 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 state laws, city ordinances or other legal regulation.

(2) The city does not assume liability for inspecting apparatus on the customer’s property. The city reserves the right of inspection, however, if there is reason to believe that unsafe or illegal apparatus is in use. [Ord. 436, 2020; Ord. 406 § 11, 2015.]

4.05.120 Service detrimental to others.

The city may refuse to furnish water and may discontinue service to premises where excessive demand by one customer will result in inadequate service to others. [Ord. 436, 2020; Ord. 406 § 12, 2015.]

4.05.130 Fraud and abuse.

The city may refuse or discontinue water service to a premises to protect itself against fraud or abuse. [Ord. 436, 2020; Ord. 406 § 13, 2015.]

4.05.140 Water waste.

The city may refuse or discontinue water service where wasteful or negligent water use seriously affects the general service. [Ord. 436, 2020; Ord. 406 § 14, 2015.]

4.05.150 Stop service.

(1) If a customer intends to vacate a property permanently and needs to close their water utility account, they are obligated to contact the city two business days ahead of time to request a stop service, and to provide a forwarding address to be used for final billing.

(2) If notice is not given, the customer shall be required to pay for the water service until the date the city learns that the customer has vacated the premises or otherwise has discontinued service. [Ord. 436, 2020; Ord. 406 § 15, 2015.]

4.05.155 Voluntary shut off.*

(1) If a customer intends to vacate a property temporarily, and if the property will be vacant for at least 60 days, they may request a voluntary shut off. Shut-off and turn-on fees may be charged as specified in the current fee resolution.

(2) If a customer requests a voluntary shut-off, the basic rate shall be prorated based on the number of days in the billing cycle the property is vacant, plus the metered usage. [Ord. 436, 2020.]

* Code reviser’s note: Ord. 436 adds this section as 4.05.160. It has been editorially renumbered to avoid duplication of numbering.

4.05.160 Abandoned and non-revenue-producing services.

Where a service connection to a premises has been abandoned or not used for a period of one year or longer, the city may remove it. New service shall be placed only upon the customer’s application and paying for a new service connection. [Ord. 436, 2020; Ord. 406 § 16, 2015.]

4.05.170 Notice of discontinuance.

Unless an emergency exists affecting health, safety, or welfare, the city shall not discontinue service under any of the provisions of this chapter without giving at least 24 hours’ personal notice, or notice posted on the premises, of its intention to do so. [Ord. 436, 2020; Ord. 406 § 17, 2015.]

Article IV. General

4.05.180 Pools and tanks.

When an abnormally large quantity of water is desired for filling a swimming pool, log pond, or for other purposes, arrangements shall be made with the city prior to taking such water. Permission to take water in unusual quantities shall be given only if it can be safely delivered and if other customers will not be inconvenienced. [Ord. 436, 2020; Ord. 406 § 18, 2015.]

4.05.190 Damage to city property.

The owner of a premises served shall be liable for damage to a meter or other equipment or property owned by the city which is caused by an act of the owner, his tenants or agents. The damage shall include the breaking or destruction of seals on a meter and damage to a meter that may result from hot water or steam from a boiler or heater on the premises. The city shall be reimbursed by the owner for such damage promptly on presentation of a bill. [Ord. 436, 2020; Ord. 406 § 19, 2015.]

4.05.200 Cross-connections.

No physical connection, direct or indirect, shall exist, even temporarily, between the city water supply and that of a private water supply. Where such a connection is found to exist, the city water service will be turned off. The service shall not be reestablished until satisfactory proof is furnished that the cross-connection has been permanently severed with a minimum six-inch air gap. [Ord. 436, 2020; Ord. 406 § 20, 2015.]

4.05.210 Resale of water.

Except by special arrangement with the city, no customer shall resell water received from the city, nor shall water be delivered to premises other than those specified in the application for services. [Ord. 436, 2020; Ord. 406 § 21, 2015.]

4.05.220 Water cutoff by customer.

Except as authorized by the city, any person shutting off water or drain pipes in any premises shall do so inside the property line only. [Ord. 436, 2020; Ord. 406 § 22, 2015.]

4.05.230 Inspection.

Any authorized employee or agent of the city shall have free access at all reasonable hours to inspect any premises supplied with water, for a purpose properly connected with the service of water to the premises, and no person shall refuse to admit an authorized employee or agent for such purpose. If an authorized employee or agent is refused admittance or is hindered in making the necessary inspection or examination, the water may be turned off to the premises. [Ord. 436, 2020; Ord. 406 § 23, 2015.]

4.05.240 Penalty.

A person violating a provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500.00. [Ord. 436, 2020; Ord. 406 § 24, 2015.]