Chapter 13.08
ADMINISTRATION AND ENFORCEMENT

Sections:

13.08.010    City water system – Authority.

13.08.020    Service – Interruption conditions.

13.08.030    Use restrictions during shortages.

13.08.040    Service – Denial conditions.

13.08.050    Right of entry to premises.

13.08.060    Violation – Penalty.

13.08.070    Violation – Continuing offenses.

13.08.080    Violation – Liability for loss or damage.

13.08.010 City water system – Authority.

The city declares its intention to own and operate the public water system for the city in accordance with the laws of the state of Oregon, and the City Charter. (Ord. 807 Art. 2 § 1, 1984)

13.08.020 Service – Interruption conditions.

Temporary shutdowns may be resorted to by the city for improvements and repairs. Whenever possible, and as time permits, customers affected shall be notified prior to a shutdown. However, the city shall not be liable for damage incurred on private property as a result of an interruption in service. (Ord. 807 Art. 2 § 9, 1984)

13.08.030 Use restrictions during shortages.

A. When the city council determines that a water supply shortage threatens the ability of the city to deliver essential water to its customers, the council may direct the city manager to activate emergency measures in compliance with any of the three stages of the water curtailment measures currently adopted by resolution by the common council.

B. Upon council declaration of the most critical “Stage Three” water supply shortage, the city manager, or the city manager’s representative, shall provide for public notice and enforcement of the following mandatory water curtailment measures:

1. No watering or irrigating of lawns, grass, or turf shall occur unless it is:

a. New lawn, grass, or turf that has been seeded or sodded after March 1st of the calendar year in which the restrictions are imposed, and in such cases it may be watered as necessary until established;

b. Athletic fields frequently used for organized play;

c. Park and recreation areas of a particular significance and value to the community as approved by the city manager; and

d. Golf course tees and greens.

2. No use of city-supplied water shall be allowed to clean, fill, or maintain levels in decorative fountains.

3. No use of city-supplied water shall be allowed to fill swimming pools or other pools with a capacity in excess of 100 gallons; provided, however, that water may be added to swimming pools to replace volume lost due to evaporation and normal loss due to usage.

4. No use of city-supplied water shall be allowed to wash sidewalks, walkways, streets, driveways, parking lots, or other hard-surfaced areas except where necessary for public health or safety.

5. No use of city-supplied water shall be allowed to wash vehicles.

6. Any reduced summer lawn watering rates, in effect, shall be discontinued. (Ord. 01-103 § 1, 2001; Ord. 807 Art. 2 § 8, 1984)

13.08.040 Service – Denial conditions.

Service may be denied to any person who has left an unpaid water bill at another service location until such previous bill is paid. Service may be denied to any person until restitution has been made for damage or any loss of revenue to the city resulting from tampering with or bypassing water meters or locking devices. (Ord. 807 Art. 2 § 21, 1984)

13.08.050 Right of entry to premises.

The city or its duly authorized agents shall, upon proper identification and during reasonable hours, have the right to enter or leave the customer’s premises for a purpose properly connected with the service of water to the premises. (Ord. 807 Art. 5 § 1, 1984)

13.08.060 Violation – Penalty.

A. Any person found to be violating any provision of Chapters 13.04 through 13.24 SMC, except for SMC 13.16.160, shall be served by the city with written notice stating the nature of the violation, and providing a reasonable time limit, but in no event longer than 30 days, for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations.

B. Violation of SMC 13.08.030 is punishable by fines as set forth in the current three stage water curtailment measures as adopted by resolution by the common council. (Ord. 01-103 § 1, 2001; Ord. 807 Art. 6 § 1, 1984)

13.08.070 Violation – Continuing offenses.

Any person who shall continue any violation beyond the time limit provided for above shall be guilty of a misdemeanor and shall be fined in an amount not exceeding $500.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense. In addition, the city reserves the right to alleviate or correct the alleged violation with the cost to be borne by the violator. (Ord. 807 Art. 6 § 1, 1984)

13.08.080 Violation – Liability for loss or damage.

Any person violating any of the provisions of Chapters 13.04 through 13.24 SMC shall become liable to the city for any expense, loss or damage to the city, its facilities or personnel, by reason of such violation. (Ord. 807 Art. 6 § 1, 1984)