Chapter 13.05
WATER
Sections:
13.05.010 Short title.
13.05.020 Definitions.
13.05.030 Authority.
13.05.040 Council powers and authority.
13.05.050 Council to set rates and other charges.
13.05.060 Broken meter rates.
13.05.070 Adjustments and refunds other than deposit.
13.05.080 Deposit.
13.05.090 Application for connection or discontinuance of water service – Requirements.
13.05.100 Installation of service from main to curb line or property line.
13.05.110 Services outside the city.
13.05.120 Separate service to each house, unit, building or installation.
13.05.130 Access to premises for inspection.
13.05.140 Charges for turning water on or off at consumer’s request.
13.05.150 Charges for inspecting, testing, repairing and altering meters.
13.05.160 Temporary disconnection.
13.05.170 Meter reading and billing.
13.05.180 Water shortage and water conservation measures.
13.05.190 Penalty on delinquent bills.
13.05.200 Party responsible for charges.
13.05.210 Payment delinquency – Disconnection of service – Property lien – Reconnection.
13.05.220 Water use by applicant.
13.05.230 Leaking or unused services.
13.05.240 Abandoned and new revenue producing services.
13.05.250 Water system shut-off – Responsibility.
13.05.260 Damage through pipe and fixtures.
13.05.270 Use of city water and private water.
13.05.280 Operating valves or hydrants without authority.
13.05.290 Turn-ons without authority.
13.05.300 Unauthorized service extensions.
13.05.310 Violation – Penalty.
13.05.010 Short title.
This code shall be known as the “water code,” and may be so cited and pleaded. (Ord. 38 § 1, 1967)
13.05.020 Definitions.
The term “person” shall mean and include any person, firm, copartnership, association, corporation, or other organization, whether he or it is acting for himself or itself or as the clerk, servant, employee, or agent of another; and the singular shall include the plural and the plural the singular. The term “city” shall mean the city of Veneta, Oregon, including its duly authorized officials, agents, and employees. The term “city system” shall mean the total water system of the city of Veneta within and without the limits of the city of Veneta, Oregon. The term “water department” shall mean the total water department of the city of Veneta, including office, service yard, and all employees connected therewith, clerical or field. The term “water superintendent” shall mean the duly appointed water superintendent of the city of Veneta or such employee as he may delegate. (Ord. 38 § 2, 1967)
13.05.030 Authority.
The council shall have charge of the total water works, plant, and system of the city of Veneta. (Ord. 38 § 4, 1967)
13.05.040 Council powers and authority.
(1) The council is authorized and empowered to purchase, construct, keep, conduct, extend, and maintain the water system and all necessary plants and facilities to furnish water to the city and to areas adjacent thereto and to areas adjacent to the pipes, conduits, or aqueducts constructed or used for such purposes, and to that end may acquire, by purchase or otherwise, and own and possess such real and personal property within and without the limits of the city as in the judgment of the council may be deemed necessary and convenient.
(2) The council shall have power and authority to enter into the necessary contracts or agreements to purchase all necessary material, equipment, and supplies as it may deem necessary or convenient to the conduct, extension, operation, maintenance, and management of the city system, and to do any other act in the construction, operation, and maintenance of the city system.
(3) The council shall have power and authority to acquire any waterworks or water plant, or part thereof, either by direct purchase or by condemnation proceedings, in the manner prescribed by law for the appropriation of private property for corporate purposes or public use.
(4) The council shall have power and authority to and shall, from time to time, make such regulations as may be necessary for the installation of water mains, and for the apportionment of the cost thereof between property owners and the city.
(5) Excepting such installations as are deemed by the council to be of benefit to the city system as a whole, the council shall not cause to be laid any water mains unless, in its judgment, the revenue that will be derived from the water sales resulting from such installation shall produce a revenue equal to 10 percent per annum of the cost of such project. When the owner of property to be served by a water main, the income from which will not equal a sufficient amount to justify the cost of the project thereof as provided by this chapter and such council regulations, desires such service, the council may cause such project to be done, in accordance with city specifications, at the sole cost and expense of the property owner; such main becoming the sole property of the city upon completion of installation; and at any time thereafter when the annual income from such main shall be sufficient to have justified its construction, the city may reimburse the property owner at a price not exceeding the original cost, less five percent per annum for depreciation.
(6) The council shall have power and authority, by resolution and publication, to designate specific days, dates or hours during which users of water from the city system may use water for irrigation purposes, and may prohibit the use of water from the city system for purposes of irrigation and it shall be unlawful for any person to irrigate or sprinkle in violation of such proclamation.
(7) The council shall have power and authority to do any other act or make any other regulation necessary and convenient for the conduct of its business and the due execution of the power and authority given it by Charter and not contrary to law. (Ord. 38 § 5, 1967)
13.05.050 Council to set rates and other charges.
(1) The council shall have power and authority to establish all rates, deposits, fees, penalties and other charges for the use and consumption of water from the city water system and to provide for the payment of water billing, deposits, penalties and other charges and to shut off the water from any house, tenant or place where any of such charges are not duly paid within the time provided therefor, or when any of the rules and regulations of the city are disregarded or disobeyed. Said rates, deposits, fees, penalties, and other charges shall be established by written resolution, without the necessity of amending the ordinance codified in this chapter, and such resolution when duly passed shall provide the lawful rates, deposits, fees, penalties and other charges of the city in connection with such water system; provided however, the requirements of law be complied with in connection therewith.
(2) The council shall have power and authority to classify water services by service pipe size, meter sizes, demand, nature of usage, or other means deemed equitable by the council, and to establish rates and minimum charges by said classification and the establishment of such classification and such rates and minimums shall be by written resolution, without the necessity of amending the ordinance codified in this chapter, and such resolution, when duly and regularly passed, shall be the lawful classification of water services and rates and minimum charges of the city.
(3) The council shall have power and authority to enter into special agreements for water usage and at special rates either greater or less than existing rates to water users within or without the boundaries of the city. (Ord. 38 § 6, 1967)
13.05.060 Broken meter rates.
Whenever a water meter is found by the meter reader to be inoperative, an amount equal to the average billing of the three preceding months shall be billed to the water user for that month. (Ord. 38 § 7, 1967)
13.05.070 Adjustments and refunds other than deposit.
Adjustments and refunds, other than deposit, of water bills or other charges may be made only upon motion by the council. (Ord. 38 § 8, 1967)
13.05.080 Deposit.
(1) Whenever an application shall be made for water service to a premises having no prior service, and whenever an application shall be made for water service to a premises having an existing service, said application made for reasons of change in property ownership or tenants, and whenever an application shall be made for water service or a recontinuance of service to a premises having been disconnected or service discontinued by the city for delinquency of payment or other violations of this chapter or other causes, there shall be deposited at the office of the water department of the city an amount as established in the rate resolution of the city to guarantee the payment for water service supplied to such property. The cashier of the water department shall keep the total of such deposits in a separate account known as “water deposit accounts” and shall keep records showing the source of all receipts and purposes of withdrawals from said account. From this account the cashier shall satisfy any delinquent deposit account immediately following the disconnection of service for delinquency of payment giving the depositor credit upon his water account. The cashier shall thereupon require the depositor to immediately restore his deposit to the original amount. When a depositor terminates his account and said account is fully satisfied, the cashier shall return any unused portion of the deposit by check to the depositor. In the event that such deposit is not applied for within 60 days from the date that water service is discontinued, then such deposit shall be forfeited to the city of Veneta, unless otherwise specified by the council.
(2) Notwithstanding the provisions of this section, no deposit shall be required of any user agreeing to accept water service from the city prior to construction of the city’s water system; provided, however, this section shall subsequently apply if property ownership changes, or tenants change, or if said service is disconnected for delinquency, or for other violations of this chapter. (Ord. 38 § 9, 1967)
13.05.090 Application for connection or discontinuance of water service – Requirements.
(1) The property owner or authorized agent shall make written application for permits to connect premises with the city system or to request water turned on or off at any premises, on the forms provided by the city, in which the applicant shall specify the location and the use for which the service is required and shall agree to abide by the provisions of this chapter.
(2) No application for a permit to connect any new structure to city water or sewer mains shall be accepted or installed without proof by the applicant of an approved building permit. The application shall only be valid as long as the building permit is valid. The city permit shall be automatically extended if the building permit is extended. When a building permit is terminated or voided for any reason, all fees paid for the building permit, water permit and/or sewer permit shall be forfeited by the applicant as liquidatable damages. All systems development charges shall be refunded. (Ord. 202 § 1, 1980; Ord. 38 § 10, 1967)
13.05.100 Installation of service from main to curb line or property line.
Upon payment of the connection fee, the city shall install a service pipe from the main to the curb or to the property line of the street in which the main is located, including curb stop, meter, and meter box and it shall be the duty of the city to maintain said service line from the main to the curb or property line of the street in which the main is located. The consumer shall, at his own expense, install pipes from the curb or the property line of the street in which the main is located to the facilities as desired on his premises, subject always to building, plumbing, and sanitation codes and required inspections of the city. (Ord. 38 § 11, 1967)
13.05.110 Services outside the city.
The city may furnish water to places, individuals, companies, towns, and water districts outside the boundaries of the city and may charge therefor rates fixed by the council. In case such service is to companies, towns, or water districts, the aforesaid shall furnish to the city a map of its system, the number of consumers, and other information when called upon to do so, and the city may refuse to sell water to consumers who do not comply with the requirements of this section. (Ord. 38 § 12, 1967)
13.05.120 Separate service to each house, unit, building or installation.
(1) A separate service shall be furnished to each house or residence being individual and separate unto itself, whether abutting a street, easement, or public thoroughfare, or otherwise; and being not a part of a motel, trailer court, apartment house, or other multiple occupancy installation, nor being a related occupancy.
(2) A separate service shall be required to each unit of separate ownership, and in no event shall one service serve properties under separate ownership. (Ord. 38 § 13, 1967)
13.05.130 Access to premises for inspection.
Officials, agents, and employees of the city shall at all reasonable times have access to any premises served by the city system for the purpose of inspection, repair, or enforcement of any of the provisions of this chapter, and in the event that any inspection discloses excessive leaks or any undue waste of water, then the city shall have the right to discontinue water service to such premises until satisfactory repairs have been made. (Ord. 38 § 14, 1967)
13.05.140 Charges for turning water on or off at consumer’s request.
When requested by consumer, the water department shall, if available, turn off the water at the meter to allow the consumer to repair or replace plumbing on the property of the consumer. The cost of such water turn on or turn off shall be charged to the account of the consumer as established in the water rate resolution. (Ord. 38 § 15, 1967)
13.05.150 Charges for inspecting, testing, repairing and altering meters.
(1) When any water consumer shall make a complaint that the water bill for any particular period is excessive, the water department shall, upon request by the consumer, have such meter reread and the service inspected for leaks. Cost of such rereading and inspection shall be charged to the account of the consumer as established in the rate resolution.
(2) Should such consumer desire that the meter be tested or changed, such test or change shall be made by the water department and the cost of said test or change shall be charged to the account of the consumer as established in the rate resolution. However, should the test of the meter show a registration in excess of three percent in favor of the city, the amount charged to said account for such test will be cancelled or credited as the case may be and the bill adjusted accordingly. The excess registration, not to exceed the three previous readings, shall be credited to the account. Where no such error is found, the amount charged for such test will be retained to cover expense of such test or change.
(3) When any property owner or his agent being served water by the city shall request a relocation or alteration of the service or meter location, either vertically or horizontally, a determination of advisability of such relocation or alteration shall be made by the water superintendent. The decision of the water superintendent shall prevail, subject to the order of the council. In no event shall the meter or service be relocated onto private property beyond the property line, except by order of the council. The cost of such relocation or alteration shall be charged to the account of said owner or agent as established in rate resolution. However, should a service or meter relocation or alteration be deemed beneficial to the city by the water superintendent, such relocation or alteration may be done by the water department, whether desired by the property owner or not, and such relocation or alteration shall be at the expense of the city.
(4) Whenever a city owned meter is burned out by hot water or damaged by carelessness or negligence of the owner or occupant of the premises, the water department shall repair the damage and charge the account of said owner or occupant as established in the rate resolution.
(5) When a service pipe, curb stop, meter, or meter box is damaged or destroyed by contractors or others in the performance of construction, excavation, hauling, or other work, or where service pipes are destroyed by electrolysis, the person, contractor, or company responsible for such damage or destruction shall be billed by the city for the cost of repair or replacement of such pipes, curb stops, meter, or meter box as established in the rate resolution. (Ord. 38 § 16, 1967)
13.05.160 Temporary disconnection.
Upon written request, and for reasons of temporary vacancy, the water department shall turn off water to premises requested and water charges to that premises shall cease. Upon written request, water service shall be resumed, and the account of that premises charged the cost of such turn off and turn on as established in the rate resolution. (Ord. 38 § 17, 1967)
13.05.170 Meter reading and billing.
Meters on all service connections will be read on or about the twenty-fifth day of each month, and users of city system water shall be billed on or about the first day of each month for water used during the preceding month. Said bills shall be due and payable on or before the tenth day of each month, and shall become delinquent on the twenty-fifth day of said month. (Ord. 38 § 18, 1967)
13.05.180 Water shortage and water conservation measures.
(1) In an effort to prevent a water shortage the city council may adopt water conservation measures by resolution.
(2) In the event a water shortage should occur, and it becomes necessary for water to be conserved, or water use restricted, the city council by resolution may place such restrictions and promulgate such regulations in connection therewith as may be necessary until said water shortage is over. (Ord. 465 § 1, 2006)
13.05.190 Penalty on delinquent bills.
The council may, in the rates resolution, provide such penalty or penalties for delinquency in water payments as it deems appropriate and necessary to ensure prompt payment of water billings. (Ord. 38 § 20, 1967)
13.05.200 Party responsible for charges.
The user of the water system shall be responsible for the water charges authorized by this chapter as they may be changed from time to time by resolution of the city council, however, the property owner of record in accordance with the provisions of VMC 13.05.210 shall be responsible for the payment of water charges for services rendered by the city when the user, if different than the owner of record, is delinquent in the payment of water charges. Where the user has a delinquent bill for one premises, the delinquency shall be charged against the user for the water services obtained at any other premises within the city. (Ord. 332 § 1, 1992; Ord. 167 § 1, 1978; Ord. 38 § 21, 1967)
13.05.210 Payment delinquency – Disconnection of service – Property lien – Reconnection.
Where the user of the premises is 30 days delinquent in the payment of water charges, a notice shall be mailed to the user and to the property owner of record, if different than the user, notifying the user and the property owner that water service will be suspended, that a turn-on fee will be charged to the property owner of record to restore service, and the unpaid charges will be a lien against the property if the delinquent bill has not been paid in full within 10 days. Before service is restored, the delinquent amount as well as the turn-on fee must be received by the city.
If payment is not received within those 10 days, a 24-hour disconnect notice will be placed in a conspicuous place at the residence, and a charge for the disconnect notice will be added to the user’s account.
Water service charges shall be a lien against the premises served from and after 10 days after the 10-day notice and entry on the ledger or other records of the city pertaining to its water system, and such ledger.
The user may sign a payment agreement in lieu of paying the entire delinquent bill. At least one-fourth of the bill plus the turn-on fee and a signed payment agreement must be received by the city before water service will be restored. Users who do not honor a signed payment agreement will be shut off without notice. (Ord. 458 § 1, 2005; Ord. 153 § 1, 1978; Ord. 38 § 22, 1967)
13.05.220 Water use by applicant.
No person shall use water from the city water system for any other purpose than that stated in the application or to supply in any other way persons without application and permit to do so, and where a violation of these provisions is found to exist, the city may discontinue service after five days’ notice. (Ord. 38 § 23, 1967)
13.05.230 Leaking or unused services.
No faucets shall be allowed on the outside of any building except hose connections which must be controlled by a separate stop. No faucets shall be allowed on sidewalks or at the curb line where they are accessible to the public. (Ord. 38 § 24, 1967)
13.05.240 Abandoned and new revenue producing services.
Whenever a service connection to any premises is abandoned or no longer used, or when new buildings are to be erected on the site of old ones and it is desired to increase the size or change the location of the old service, the city may cut out or remove such service connection, and any new service required to said premises shall be installed only on application and payment for a new service connection in the regular manner. (Ord. 38 § 25, 1967)
13.05.250 Water system shut-off – Responsibility.
The city reserves the right at any time without notice to shut off the water supply for repairs, extensions, or nonpayment of rates, or for any other reason. The city shall not be responsible for any damage, such as bursting boilers, pipes or fixtures; stoppage or interruption of water supply, or any other damage resulting therefrom. The city shall not be responsible for broken pipes, leaks, or other defects in water lines or fixtures beyond the property line on private property. It shall be the duty of each property owner to install a shut-off valve on the property served to permit shut-offs for repairing leaks in property owners’ own system, and the city shall not be obligated to close any valve upon any street or alley in order to effect such repairs. (Ord. 38 § 26, 1967)
13.05.260 Damage through pipe and fixtures.
No water user or any person shall cause or suffer water from the system to run, drain or flow from property having the water connection onto any other property or onto any street or way, and the city shall in no case be liable for damage occasioned from water running from open or faulty fixtures or from broken or damaged pipes beyond the property line. (Ord. 38 § 27, 1967)
13.05.270 Use of city water and private water.
Owners of premises desiring to use both the city water system and a supply of water other than that furnished by the city may obtain water from the city upon the following conditions, and not otherwise.
Under no circumstances shall a physical connection, direct or indirect, exist or be made in any manner, even temporarily, between the city water supply and the other water supply. Where such connection is found to exist, or where provision is made to connect the two systems by any means, the city water supply shall be shut off from the premises without notice. Service to said premises shall not be restored until satisfactory proof is furnished that the cross connection has been completely and permanently severed. (Ord. 38 § 28, 1967)
13.05.280 Operating valves or hydrants without authority.
It shall be unlawful for any person without authority from the city to remove, injure, open, close, or in any way tamper with, any water pipe, water main, shut-off valve or hydrant which is a part of the city system. (Ord. 38 § 29, 1967)
13.05.290 Turn-ons without authority.
Should the water to any premises served by the city system be turned on by any user or other person without authority from the city, the water may then be shut off at the main, or the meter removed. The cost thereof shall be established in the rates resolution, and service shall not be restored to said premises until all of said charges are paid. (Ord. 38 § 30, 1967)
13.05.300 Unauthorized service extensions.
It shall be unlawful for anyone to cause or permit the extension of water service from one dwelling unit, building or parcel of land to another without authority of the city. When additional dwelling units, buildings or parcels of land are connected without proper application and permit, such premises may be charged at double the rate for the time they are in use, and service may be disconnected by the city. The cost of such disconnection shall be established in the rates resolution, and service shall not be restored to said premises until such charge has been paid in full. (Ord. 38 § 31, 1967)
13.05.310 Violation – Penalty.
Any person, firm or corporation who shall violate, fail, neglect or refuse to comply with any of the provisions of this chapter shall, upon conviction thereof, be deemed guilty of a violation and fined an amount not to exceed $360.00; and each day during which any violation hereof shall continue and persist after due notice thereof shall constitute a separate and distinct violation of this chapter. (Ord. 486 § 1, 2009; Ord. 38 § 32, 1967)