Chapter 4.02
WATER SERVICE REGULATION
Sections:
4.02.010 Short Title.
4.02.020 Property Owner Responsible for All Charges.
4.02.025 Application for Connection or Discontinuance of Water Service.
4.02.030 Water Charges to Premises.
4.02.035 Installation of Services from Main to Property; Connection Permit and Payment of Fees Required.
4.02.036 Systems Development Charge.
4.02.040 Installation of Service Pipes: Domestic Service Size Requirement.
4.02.045 Separate Service to Each House or Premises.
4.02.050 Repair and Protection of Water Pipes.
4.02.055 Temporary Disconnection.
4.02.060 Outside Connection.
4.02.065 Fire Protection Service.
4.02.070 Jurisdiction, Maintenance and Repair of Service Connections.
4.02.075 Stop and Waste Cocks; Private Service Pipe Responsibility.
4.02.080 Use of Private Water and City Water.
4.02.085 Access to Premises for Inspection.
4.02.090 Use of Fire Hydrants.
4.02.095 Permit to Use Water from Fire Hydrant.
4.02.100 Water for Building Purposes.
4.02.105 Ownership, Damage and Recording of Meters.
4.02.110 Service Outside the City.
4.02.115 Testing Meters.
4.02.120 Payment and Collection of Water Charges.
4.02.125 Proration of Monthly Charges.
4.02.130 Meter Reading Schedule.
4.02.135 Other Supplier’s Charges for Water.
4.02.140 Penalty for Turning Water On or Off Without Authority.
4.02.145 Adjustments and Refunds.
4.02.150 Rates for Premises Within the City.
4.02.155 Rates for Premises Outside the City.
4.02.160 Cross Connection Control Requirements.
4.02.165 Air Gap Separation and Backflow Prevention Device Assembly Testing Program.
4.02.170 Premises Without Piped-in Water.
4.02.175 Separating Use of Water and Authorization of Installation and Use of Master Meter System.
4.02.180 Emergency Restrictions on Use of Water.
4.02.185 Water Service Termination.
4.02.010 Short Title.
BC 4.02.010 through 4.02.185 shall be known and may be cited as the “Water Service Regulation Ordinance” and may be referred to herein as “this ordinance”.
4.02.020 Property Owner Responsible for All Charges.
A. The property owner of record shall be responsible for the payment of all water and sewer charges and fees prescribed in this chapter. If the property is rented and the renter fails to pay the charges, the city shall submit the bill to the owner. Water shall not again be furnished to the premises and/or the consumer who used the water services for which payment has not been made, until all outstanding obligations for water supplied to the premises have been paid in full.
B. Whenever a customer has tendered a check which is returned three times in a two-year period, the city may require the customer to pay a $50 deposit and any outstanding water charges. If the customer’s water service has already been shut off, the water service will not be restored until the customer has paid the deposit and any outstanding charges. If the customer is still receiving water service, and refuses to pay the deposit and any outstanding charges, then the city may terminate water service in accordance with BC 4.02.185.
C. The security deposit is refundable if:
1. The customer has kept account payments current for a period of three years and is not currently delinquent in payments; or
2. the water service is finally terminated and further water service will not be provided to the customer and all charges and fees have been paid in full. [BC 4.02.020, amended by Ordinance No. 3371, 5/22/84; Ordinance No. 3428, 1/22/85; Ordinance No. 3472, 10/8/85]
4.02.025 Application for Connection or Discontinuance of Water Service.
Applications for permits to connect premises with the city water system or requests to turn water on or off at any premises already served by the city water system shall in all cases be made in writing at the city, and be signed by the owner or agent of the owner of the premises served or to be served. Applicants must agree to conform to the provisions of this code, city ordinances and regulations concerning the use of water.
4.02.030 Water Charges to Premises.
All charges for furnishing water within the city and to premises outside the city served by the city water system shall be billed to the premises where the water is supplied unless otherwise requested in writing by the owner.
4.02.035 Installation of Services from Main to Property; Connection Permit and Payment of Fees Required.
A. No service connection of less than 3/4 inch in size shall be installed. The installation of all domestic service connections shall include:
1. the construction of a city approved concrete meter box;
2. purchase and installation of the meter; and
3. connection from the water main to:
a. the nearest property line, or
b. the street side of the sidewalk, or
c. another location appropriate under the particular circumstances, to be determined by the city.
B. No person shall connect any building or structure to the municipal water system of the city unless and until the charges and fees authorized in subsection C below have been paid and a connection permit issued.
C. The Council by ordinance shall establish a systems development charge for potable water and the methodology supporting that charge, and by resolution may establish a connection fee, meter installation fee and any other appropriate fees and charges. [BC 4.02.035, amended by Ordinance No. 3787(7), 9/9/91; Ordinance No. 3911, 8/22/94]
4.02.036 Systems Development Charge.
A. There is imposed on the act of development or redevelopment of property in the City a systems development charge for connection to the City’s domestic water supply, due and payable at the time of application for a building permit for that (re)development.
B. 1. The Council adopts that certain methodology for computation of a domestic water systems development charge as is set out in the report by Economic and Engineering Services dated June 1, 2000. The increases in SDC recommended in that report shall be implemented in stages as follows:
a. Effective with the enactment of this ordinance, the SDC shall be increased to reflect the total increase in the Engineering News Record Construction Cost Index for Seattle, Washington, for the period August 1997 through December 2000. The SDC for a single Equivalent Residential Unit thus shall be $1475 for a Reimbursement Fee, and $1127 for an Improvement Fee, for a total of $2602. The SDC for development served by water meters up to 1.5" in diameter shall be calculated by multiplying those amounts by the Equivalent Residential Units of water that may be supplied by those larger meters.
b. Effective February 1, 2003, the SDC shall be increased to reflect the total increase in the same index for the period January 2000 through December 2002.
c. Effective February 1, 2004, and on February 1 of each calendar year thereafter, the SDC shall be increased to reflect the total increase in the same index for the preceding calendar year.
2. The charge for water meters larger than 1.5" diameter shall be estimated based on anticipated water usage, computed as follows: Anticipated peak day water usage divided by the peak day system design flow of 759 gallons per day per ERU equals peak day ERUs. Anticipated average daily usage divided by 304 gallons per day per ERU equals average day (storage) ERUs. Effective with the enactment of this ordinance, the charge shall be $1099 for a Reimbursement Fee, and $1127 for an Improvement Fee, or $2226 per peak day ERU, and an additional $376 for a Reimbursement Fee per storage ERU, for a total of $2602 per ERU.
a. Effective February 1, 2003 the SDC shall be increased to reflect the total increase in the Engineering News Record Construction Cost Index for Seattle, Washington, for the period January 2000 through December 2002.
b. Effective February 1, 2004, and on February 1 of each calendar year thereafter, the SDC shall be increased to reflect the total increase in the same index for the preceding calendar year.
3. As to meters larger than 1.5" diameter, the estimated systems development charge shall be recalculated and the difference shall be due and payable from the building permit holder on the City’s demand, if actual water usage during any 24 successive calendar months exceeds 110% of the anticipated usage on which the systems development charge was estimated. Failure to pay the difference between the estimated and recalculated charge shall constitute cause for termination of the domestic water service to the premises served by the meter.
C. The Council from time to time may adopt a new methodology and impose a new improvement or reimbursement fee or both for a domestic water conveyance systems development charge by amendment to this ordinance.
D. The Council may grant credits against the domestic water conveyance systems development charge imposed by this ordinance for qualified public improvements as defined in ORS 223.304 on certification by the city engineer that the improvement(s) qualify for that credit.
E. This section shall take effect as to all applications for building permits received on and after August 1, 1997. [BC 4.02.036, added by Ordinance No. 3990, 7/15/97; amended by Ordinance No. 4195(1), 2/4/02]
4.02.040 Installation of Service Pipes: Domestic Service Size Requirement.
A. Domestic water service lines connecting the premises to the water meter shall not be less then 3/4 inch in diameter and shall be of a material which complies with the requirements for such lines in the State of Oregon Plumbing Specialty Code.
B. Services from the property line to the wall of the building shall be laid with not less than 24 inches of cover below the surface of the graded ground. Pipes laid for lawn sprinkling systems must be installed so that the systems may be properly drained to avoid freezing. Connections for sprinkling systems or for other use shall be made from the water service pipe on the owner’s private property. No pipes shall be laid in sewer ditches.
4.02.045 Separate Service to Each House or Premises.
Upon the payment in advance of the regular charges required by BC 4.02.035, the City shall install the service from the water main and including the water meter, as described in BC 4.02.035 A for each house or other premises to be supplied with water. The City may require the owner of subdivided property to install water service to City-approved standards from the water main line to and including the meter box for each structure to be supplied with potable water in the subdivision. The water service so installed shall be publicly owned. The charges required of the developer under BC 4.02.035 of this code shall be adjusted in such case to reflect the reasonable value of such installation to the City. [BC 4.02.045, amended by Ordinance No. 3654, 3/6/89]
4.02.050 Repair and Protection of Water Pipes.
The City reserves the right at any time, without notice, to temporarily shut off the water supply for repairs, extensions, or in emergency situations. The City shall not be responsible for any damage to property or persons, such as the bursting of boilers, the breaking of pipes or fixtures, or loss of income or any other consequential damage resulting from the discontinuance of service.
4.02.055 Temporary Disconnection.
Any property owner who wishes to discontinue the use of all water supplied to the premises must file a written request for shutoff with the City. The water shall then be turned off and a bill rendered for water consumed to the date of service discontinuance. Service may be resumed on written request providing payment of water bills has been made. No charge shall be made for shutoff or resumption of service.
4.02.060 Outside Connection.
No faucets shall be allowed on the outside of any building except hose connections, which must be controlled with a separate stop and waste cock. No hose connections for domestic use will be allowed. All water pipes must be extended into the building.
4.02.065 Fire Protection Service.
Fire protection pipes to be used in case of fire will be allowed within and without buildings on the following conditions:
A. When the owner of a building desires, or when the Building Code, Fire Code, or other City ordinance or Code provision requires a certain capacity pipe to supply water to an automatic fire sprinkler system the pipe shall be metered with an approved proportional meter or detector check meter at the property line.
B. The owner or agent of the building shall agree in writing that water supplied through this service will not be used for any purpose except extinguishing a fire. If it is found that connections other than for fire protection have been added to the system or that registration is recorded on the meter or detector check, the immediate installation of a compound meter will be required and installed by the City, and the cost of materials and labor will be borne by the property owner. [BC 4.02.065, amended by Ordinance No. 3788(1), 9/23/91]
4.02.070 Jurisdiction, Maintenance and Repair of Service Connections.
A. City Jurisdiction and Responsibilities. All mains, laterals, service connections and other parts of the system are under the exclusive control of the City. A private valve shall be installed between the meter and the premises served for the owner’s use. The City will maintain all service connections in good operating condition and will make all necessary inspections, repairs and replacements of meter and other parts of the service connection at the expense of the City.
B. Consumer’s Responsibilities. Each consumer is required to take all precautions to protect the connection through which consumer’s premises is served from damage by freezing, hot water, traffic or malicious tampering. Damage resulting through lack of such precaution shall be charged against the owner of the property served.
C. Interference Prohibited. No person other than City personnel will be permitted to:
1. install, remove, alter or tamper with a meter or service connection, or;
2. interfere in any manner with a main, service pipe, meter or any other part of the system; or
3. turn the water on or off at the meter.
4.02.075 Stop and Waste Cocks; Private Service Pipe Responsibility.
A. A stop and waste cock approved by the City, by means of which the pipes in the building may be drained, shall be installed in all buildings or structures just inside the foundation wall in a convenient location. If the building is not provided with a basement, the stop and waste cock must be installed near the outside wall and protected by a suitable box.
B. All pipes from the meter to the premises must be installed in accordance with good engineering practices and maintained in good order by the consumer or owner. The consumer or owner will be held responsible for loss or damage occurring from the meter to and including the premises, resulting from leaks, freezing, hot water or otherwise.
4.02.080 Use of Private Water and City Water.
Premises using both a City water supply and a supply of water other than that furnished by the City water system may obtain water at metered rates only if there exists a backflow prevention device installed on the public supply as required under BC 4.02.160 of this Code, and if so, then only under the following conditions:
A. No physical connection, direct or indirect, shall exist or be made in any manner, even temporarily, between the city water supply and a private water supply.
B. If a connection is found to exist, or if a provision is made to connect the two systems by means of spacer or otherwise, the City water supply shall be discontinued.
C. Where service has been discontinued under this section, it shall not be resumed until satisfactory proof is furnished that the cross connection has been completely and permanently severed. [BC 4.02.080, amended by Ordinance No. 3788(2), 9/23/91]
4.02.085 Access to Premises for Inspection.
A. Employees of the City shall have free access, at proper hours of the day, to all parts of building or premises for the purpose of inspecting the condition of the pipes, fixtures and other appurtenances and the manner in which the water is being used.
B. If access to the premises is refused, the City employee shall not inspect the premises until the employee has obtained an administrative search warrant for inspection of the premises pursuant to BC 2.04.102.
4.02.090 Use of Fire Hydrants.
No person shall operate, alter, remove, draw water from, disconnect, connect with or tamper in any manner with any fire hydrant owned or used by the City without first obtaining written permission from the City. The provisions of this section shall not apply to the employees of the City’s fire or operations departments when acting in their official capacity or as agents of or on behalf of the City, or in the performance of their duties.
4.02.095 Permit to Use Water from Fire Hydrant.
A. A person desiring to draw water from a fire hydrant shall apply to the operations department for a permit to use water from a fire hydrant.
B. The permit shall specify:
1. the use to which the water will be put;
2. the location where the water will be used;
3. the location and number of the fire hydrant to be used;
4. the dates and times when the water will be used;
5. the estimated quantities of water to be used;
6. the name of the person using the water and the person’s address, telephone number, and the person who will be responsible for the drawing of water.
C. Any violation of the terms of the permit authorized in subsections A and B is a Class 1 Civil Infraction and shall be processed in accordance with the procedure set forth in BC 2.10.010 through 2.10.050.
D. The permit holder shall be required to pay a permit fee to defray administrative costs, a fee for the use of the water, and a security deposit fee for the use of equipment. The fees shall be set by Council resolution.
E. The security deposit fee will be refunded if the equipment is returned to the City within the time stated on the permit in as good condition as when it was released by the City to the user.
4.02.100 Water for Building Purposes.
Water used for building construction shall be billed at meter rates and charged against the premises.
4.02.105 Ownership, Damage and Recording of Meters.
A. All meters are the property of the City, and any repairs to meters shall be made by the City. If a meter is damaged by hot water return through the meter or by the carelessness or negligence of the consumer, occupant or owner of the premises, the City will repair the meter, and the cost of the repairs shall be charged to the owner and against the property.
B. When a meter fails to register accurately, the charge shall either be based on the average quantity of water use, as recorded by the meter when in order, or if there is no average consumption, then the minimum rates of the City shall apply. If freezing or other inclement weather makes reading of the meter impracticable, the minimum charge shall be made for those months during which the conditions exist. Estimated readings for other just conditions affecting the reading of a meter shall be made only on approval of the City.
4.02.110 Service Outside the City.
Water service shall not be provided to property outside the limits of the City except in the following circumstances:
A. All prior connections and contracts or agreements for services lawfully authorized and existing on the effective date of this Code section.
B. The Council finds that extenuating circumstances or other justifiable reasons exist to grant service outside the city and the Council authorizes the service by resolution upon written application of the property owner.
C. Consumers outside the City are subject to the same regulations now or hereafter in effect for consumers inside the City unless the Council specifies otherwise in the resolution.
D. Except as otherwise provided by contract, agreement or resolution, service to consumers outside the City shall at all times be subject to the prior and superior rights of consumers inside the City to City water.
E. Except as otherwise provided by contract, agreement or resolution, the City reserves the right to refuse service to any consumer not complying with the requirements of this section.
4.02.115 Testing Meters.
When a water customer makes a complaint that the bill for any particular period is excessive, the City will, on request, have the meter reread and service inspected for leaks. If the customer wishes to have the meter tested, the customer shall deposit security in the amount set by resolution of the Council to cover the cost of the meter test. The meter will then be tested. If the test reveals a registration in excess of three percent in favor of the City, the amount deposited shall be refunded and the bill adjusted accordingly. The excess registration on the meter, if billed and paid, for the three previous readings for billing shall be credited to the account. When no error is found, the amount deposited will be retained to defray the expense of the meter test.
4.02.120 Payment and Collection of Water Charges.
A. Charges for water service are due to the City on the date of mailing or presentation of a statement of the amount due, and become delinquent ten days thereafter.
B. If charges for water service to any premises become delinquent, written notice shall be given in accordance with BC 4.02.185. After compliance with BC 4.02.185, if all charges imposed by this ordinance have not been paid, or arrangements acceptable to the City made to pay by the specified date, no further water shall be furnished to the premises.
C. If water service has been turned off because of a delinquent account, a service fee, the amount of which shall be established by Council resolution, may be collected before service shall be restored. If the service is turned back on without authorization of the City the meter may be removed or padlocked, and an additional fee, the amount of which shall be determined by Council resolution, shall be collected before service shall be restored.
D. The City, in cases of extreme hardship, may renew service to a delinquent account on receipt of a plan for the payment of the back-due amount in installments.
E. All water service charges shall be a lien against the premises served from and after the date of billing and entry in the City lien docket. The lien docket shall be made accessible for inspection by anyone interested in ascertaining the amount of the charges against the property. When a bill for water service remains unpaid 60 days after it has been rendered, the lien thereby created may be foreclosed in the manner provided for by ORS 223.610, or in any other manner provided by law, this Code or City Ordinance.
4.02.125 Proration of Monthly Charges.
Upon request of either an owner, occupant, purchaser, lessor, lessee, or any person contemplating the purchase, occupancy or leasing of any real property in the City, the finance director shall have the water meter read at any time during regular working hours that the person requests and prorate all water charges for the number of days elapsed since the previous month’s billing based on actual date that change should become effective. [BC 4.02.125, amended by Ordinance No. 3428, 1/22/85]
4.02.130 Meter Reading Schedule.
All water meters in the City shall be read on a regularly scheduled basis as jointly established by the finance director and the operations director. The charge for each meter shall be made from one reading date to the next upon the monthly basis established.
4.02.135 Other Supplier’s Charges for Water.
All charges now or hereafter imposed on the City by any supplier for supplying water to the City that are based upon the number of consumers of water from the municipal water supply system of the City shall be added to all other charges imposed for the use of water under City ordinances.
4.02.140 Penalty for Turning Water On or Off Without Authority.
If the water is turned on or off by any person without authority from the City, upon proper notice to the consumer, the service may be shut off at the main, or the meter removed. The charge for shutting the service off at the main or removal of the meter shall be the actual cost of the work plus ten percent. All the charges shall be made against the premises where the water is supplied, and the water shall not again be furnished to the premises until the charges are paid.
4.02.145 Adjustments and Refunds.
The City may to refund overpayments of the water bill or deposits if the deposit is refundable. Refunds due to excess billing of water consumption shall be made to the customer either by City check or applied as credit to the following month’s statement.
4.02.150 Rates for Premises Within the City.
The rates and charges for water services supplied to premises within the City shall be established by Council resolution.
4.02.155 Rates for Premises Outside the City.
Premises located outside the limits of the City that are served by the municipal water system shall pay the rates which are set by Council resolution for premises outside the City.
4.02.160 Cross Connection Control Requirements.
A. The owner of premises to which the City supplies water shall install an approved backflow prevention device assembly on the owner’s service to the premises if on the premises:
1. There is an auxiliary water supply; or,
2. There is piping used to convey a liquid other than potable water, and the piping is under pressure and installed and operated in a manner that may cause a cross connection; or,
3. There is intricate plumbing that makes it impractical to ascertain whether a cross connection exists; or,
4. There is a pipeline larger than two inches internal diameter supplying public water to the premises; or,
5. There is a structure more than 30 feet high as measured between the highest peak of the roof of that structure and the elevation of the service connection at the public water main to those premises, and the pipeline supplying water to that structure is two inches or less in internal diameter; or,
6. There is a risk of back siphoning or back pressure; or,
7. There is a cross connection or a potential cross connection.
B. The owner of mobile apparatus to which the City supplies water shall provide for backflow prevention by installing a backflow prevention device assembly or providing an air gap separation on the mobile apparatus.
C. A backflow prevention device assembly required under this section shall be:
1. of a type and model approved by the State Health Division of the Department of Human Resources; and
2. installed in accordance with standards approved by the State Health Division of the Department of Human Resources.
D. An air gap separation required under this section shall be installed in accordance with standards approved by the State Health Division of the Department of Human Resources.
E. Installation, repair, disconnection or other modification of a backflow prevention device assembly or air gap separation shall be at the sole expense of the property owner or the owner of mobile apparatus on which the assembly or separation is located. If modification of the City’s water system is required to allow compliance with the requirements of this section, the cost of such modifications may be added to the property owner’s water bill or may be billed directly to the property owner.
F. A backflow prevention device assembly installed before the effective date of this section shall be permitted to remain in service regardless of whether the devise is currently approved under subsection C of this section, so long as the device:
1. was an approved device by the State Health Division at the time of installation; and
2. was properly installed at the time of installation; and
3. is:
a. properly maintained;
b. commensurate with the degree of hazard;
c. tested annually as required by BC 4.02.165; and
d. performs satisfactorily.
However, a backflow prevention device assembly used pursuant to this subsection shall be replaced by a device and in a manner approved by the Oregon State Health Division if the existing device is relocated or requires more than routine maintenance.
G. If the City has reasonable grounds to believe that a violation of this section has occurred, is occurring, or is likely to occur, then upon reasonable notice to tenant or property owner, the City may deny or discontinue water service to the premises where the violation is believed to exist. The denial or discontinuance of water service may continue until an appropriate backflow prevention device assembly or air gap separation is installed on the premises. [BC 4.02.160, amended by Ordinance No. 3667, 5/15/89]
4.02.165 Air Gap Separation and Backflow Prevention Device Assembly Testing Program.
A. Unless otherwise provided, the owner of property where a backflow prevention device assembly is required to be installed shall cause a test of the device to be performed:
1. at the time of installation;
2. within 30 days of the anniversary date of installation; and,
3. if the device is moved, immediately thereafter.
B. Unless otherwise provided, the owner of a mobile apparatus on which a backflow prevention device assembly or air gap separation is required shall cause a test of the assembly or an inspection of the air gap separation to be performed:
1. within the year before use in the City; and
2. annually thereafter.
C. The City may require more frequent testing of backflow prevention assembly devices than is required under subsection (A) or (B) of this section if the assembly is installed at a facility that poses an extreme health risk or if the device fails repeatedly.
D. The result of the test of a backflow prevention device assembly required under subsection A or B of this section shall be forwarded to the city within ten days of the date of the test.
E. If the test result indicates the backflow prevention device assembly is operating properly, the City may acknowledge receipt of the test result and may indicate when the next regularly scheduled test of the assembly is required.
F. If the test result indicates the backflow prevention device assembly is not operating properly, the assembly shall be repaired immediately and retested. The result of the retest shall be forwarded to the City within 10 days of the original test. If the retest result indicates the assembly is operating properly, the City may acknowledge receipt of the retest result and may indicate when the next regularly scheduled test of the assembly is required. If the retest result indicates the assembly is not operating properly, the City shall be notified immediately and the assembly shall again be repaired immediately and retested. The result of the retest shall be forwarded to the City within 10 days of the test. Retesting and repairing of an assembly shall continue until a test indicates the assembly operates properly.
G. If the City has not received the result of a test required under subsection A or B of this section within 30 days of the required date of the test, the City may order a test and add the cost of the test to the property owner’s water bill.
H. If a property owner fails to repair a backflow prevention device assembly within ten days of the test showing the assembly is not operating properly, the City may order the repair of the assembly and add the cost of the repair to the property owner’s water bill.
I. The City, in accordance with BC 4.02.185, may discontinue the water service of any person who refuses or fails to pay for charges added to the person’s water bill pursuant to subsection F and G of this section.
J. All tests required under this section shall be performed by a person currently certified by the State Health Division of the Department of Human Resources to perform such tests.
K. If the City has reasonable grounds to believe that a violation of this section has occurred, then upon reasonable notice the City may deny or discontinue water service to the premises where the violation is believed to exist. The denial or discontinuance of water service may continue until a backflow prevention device assembly is appropriately tested and shown to be operating properly.
L. In addition to any other remedy provided by law, violation of BC 4.02.160 or 4.02.165, or failure to comply with an order thereunder, is punishable as a Class 1 Civil Infraction, to be processed in accordance with the procedure contained in BC 2.10.010 through 2.10.050. The imposition of a penalty for an infraction shall not excuse the infraction or permit it to continue. In addition to any liability under BC 2.10.010 through 2.10.050, a person found in violation of 4.02.160 or 4.02.165 shall be ordered to correct or remedy the cause of the violation. [BC 4.02.165, amended by Ordinance No. 3667, 5/15/89]
4.02.170 Premises Without Piped-in Water.
No water service charge will be made to any premises, building, store, office, warehouse or other places of residence or business where a water supply is not piped to the premises.
4.02.175 Separating Use of Water and Authorization of Installation and Use of Master Meter System.
A. Any commercial or industrial water user may install, at the owner’s expense, a water meter of approved pattern for the purpose of separating, for sewer service billing, domestic use from commercial or industrial use. (For purposes of this section, domestic use is that water used in sanitation, i.e., toilet, washbasin, sink, laundry or any other use requiring disposal through the City sanitary sewer system.)
B. An owner or operator of a multi-family complex, or group of owners of a condominium complex, at their own expense may request installation by the City of a master meter system, approved by the City, for accurately measuring and recording the cubic feet of water used by said complex.
4.02.180 Emergency Restrictions on Use of Water.
A. If the Council finds that an emergency exists or that the water supply is or will be reduced and that it would be in the best interests of the public health, safety and welfare, the Council may, by resolution, prohibit or restrict the use of water by any or all users.
B. Where the circumstances do not require immediate action, the City Recorder shall give notice of the prohibitions or restrictions on water use by mailing notice to the premises served. However, if immediate action is required then notice may be given through information releases to radio, television or through other means.
C. It is a class 1 civil infraction for any person to use water in violation of the resolution at any time 48 hours after notice was given until the Council rescinds or repeals the resolution.
4.02.185 Water Service Termination.
A. Whenever service is to be discontinued or water to premises is to be turned off, and the request for turn off does not come from the consumer, the City shall follow these procedures:
1. the finance department or the operations department shall give notice by mail, to the customer stating:
a. that the City intends to terminate the customer’s water service by shutting off water to the customer, property, premises or building;
b. the reason for termination of the service;
c. that before water service is terminated, the customer has a right to a hearing before the mayor on the validity of the reason for termination of water service; and
d. that the customer must request a hearing on the validity of the termination of service, which request must be received by the City within ten calendar days of the date of the notice. The delinquent notice shall state the actual date by which the hearing must be requested and the date that the water service shall be shutoff. The request for the hearing must be in writing and shall state the grounds upon which the customer believes the termination to be invalid.
2. If the customer timely requests a hearing, a hearing shall be held within ten days of receipt of the request and the customer given an opportunity to be heard.
a. if the ground for termination was customer’s failure to pay bills or charges, the mayor shall determine what amount is due and owing and inform the customer that the customer has ten calendar days to pay the amount. If the customer has not paid the amount owed within the ten calendar days, water service may be terminated in accordance with subsection A 3.
b. if the ground for termination was a violation of this Code, then the mayor shall determine whether the violation occurred.
c. if the mayor finds that the violation occurred, the mayor may:
1) order the water service discontinued until satisfactory proof is furnished that the violation no longer exists; or
2) give the customer up to three days to furnish proof that the violation no longer exists. If the customer does not furnish the proof within the required period of time, the water service may be terminated.
3. If the customer does not appear for the hearing requested or the customer does not timely request a hearing, or after a hearing, does not pay the amount due or remedy the violation, then a final shutoff notice shall be hung on the door of the premises stating the date that payment must be received or the violation corrected and proof of correction presented. If payment is not made or the violation corrected and proof presented, the water service may be terminated. No further right to a hearing exists.
4. The City or any of its officers or employees shall not be liable for any damages that occur because water service is terminated pursuant to this section.
B. The notice provisions in subsection A do not apply to:
1. temporary or permanent disconnections requested by the customer;
2. emergency situations when immediate or prompt turn off of water is required to prevent damage to persons or property, or to make repairs to the water system; or
3. temporary disconnection to allow installation of extensions or additions to the water system.
C. The operations department, water division shall attempt, when possible to give notice to affected customers of temporary water shutoffs for emergency, repair, maintenance or installation purposes. The notice may be given in any feasible manner including, but not limited to, information releases by radio, television and newspapers or by telephone.