Chapter 13.04 WATER REGULATION AND RATES

(1) “Customer” means the owner of property which is served by the city water system. A person, corporation, association or agency which rents or leases premises shall be considered an agent of the property owner.

(2) “Fire protection service” means provision of water to premises for automatic fire protection.

(3) “Mains” means distribution pipelines that are part of the city water system.

(4) “Premises” means the integral property or area, including improvements thereon, to which water service is or will be provided.

(5) “Service connection” means the pipe, valves and other equipment by means of which the city conducts water from its mains to and through the meter, but not including piping from the meter to the premises served. (Ord. 2285 § 1, 1978)

Article II. Service Provided

13.04.020 Regular service.

(1) The city shall furnish and install a service connection of such size and location as a customer requests; provided, that the request is reasonable. The service will be installed from the main to a point between the curb line and the property line if the premises of the main is in the street, or to a point in a city right-of-way or easement.

(2) The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition equipment that may be required for receiving, controlling, applying and utilizing water. The city shall not be responsible for loss or damage caused by the improper installation of the equipment, or the negligence, want of proper care or wrongful act of the customer in installing, maintaining, using, operating or interfering with the equipment.

(3) The city shall not be responsible for damage to property caused by a spigot, faucet, valve or other equipment that is open when the water is turned on at the meter.

(4) A customer making any material change in the size, character or extent of the equipment or operation utilizing water service, or whose change in operation results in a large increase in the use of water, shall immediately give the city written notice of the nature of the change and, if requested, amend his application.

(5) The service connection, whether located on public or private property, is the property of the city, and the city reserves the right to repair, maintain and replace it.

(6) No customer shall serve any other water user through his own meter without the consent of the city.

(7) All water users in the city whose closest property line is within 160 feet of a city water main shall be connected to the city water system. (Ord. 3127 § 1, 2010; Ord. 2285 § 2, 1978)

13.04.030 Fire protection service.

Fire protection facilities shall be allowed inside and outside of a building under the following conditions:

(1) The owner of a fire protection system shall furnish and maintain a service meter approved by the city. The connection with the city main and the setting of the meter and the construction of a suitable meter chamber shall be made by the city upon payment of the charges prescribed in SHMC 13.04.150.

(2) When a building has a fire protection service, whether a wet or dry sprinkler system, which is separate from the regular water service to the building, an approved proportional meter or detector check may be used in place of a service meter. The owner of the building shall agree in writing that water supplied through this service will not be used for any purpose except for extinguishing a fire. If registration is recorded on the meter or detector check, the installation of a service meter or the removal of the service may be required.

(3) No charge shall be made for water used in the extinguishing of a fire if the owner reports the use to the city in writing within 10 days of the fire.

(4) Water may be obtained from fire protection facilities for filling a tank connected with the fire service, but only if written permission is secured from the city in advance and an approved means of measurement is available. The rates for general use will apply. (Ord. 2285 § 3, 1978)

13.04.040 Outside city service.

The following terms and conditions shall be applicable to every purchaser and user of surplus water outside the city limits unless expressly provided otherwise in the agreement between the city and the user.

(1) The word “user” herein refers to any person, firm or corporation desiring to purchase surplus water from the city for use by said user or person, firm or corporation supplied by such user outside of the city. The phrase “private line” herein refers to that water line on private property and extending from the meter.

(2) The user at his own expense will construct a private water line from the city’s meter to the property upon which the water is to be used.

(3) The user at his own expense will install a pump sufficient to adequately supply water for the user’s purpose.

(4) The private line and pump installation will be installed in accordance with the specifications of the city engineer, and the costs of the engineering will be at the user’s expense.

(5) If a water main needs to be extended for the provision of water service to accommodate a private line, installation will be in accordance with the specifications of the city engineer, and such main will be the property of the city upon acceptance by the city engineer. The cost of construction will be at the user’s expense.

(6) The user will own the private water line, pump and equipment, and will be responsible for the operation, maintenance and replacement of the same.

(7) The user will construct and maintain housing for the pump at his own expense.

(8) The city will sell surplus water to all users on the user’s line at the prevailing nonresident rates.

(9) Each user shall be required to pay to the city the usual nonresident meter installation charge and water deposit, and the city will install a water meter at the lot line of such user.

(10) The city will read all meters, and the users will provide the city with easements across all reasonable routes in order to permit access by city employees and equipment to read the meters and maintain, repair and replace the equipment.

(11) The user agrees to and does hereby hold the city, its officers and employees harmless for any claim of damage that might result to the user’s line, pump and equipment, and to the users of such equipment, as a result of the failure of the city to supply surplus water, or as a result of any activity or failure to act on the part of the city, its officers and employees.

(12) The city will bill all water users directly; the owner of a private line may bill users of that line, if any, as he may see fit for their pro rata cost of purchasing, installing, maintaining, operating and replacing the user’s line, pump and equipment.

(13) The user’s agreement, and the renewal thereof, shall be in effect for such period as may be agreed upon by the council.

(14) Nothing contained in said agreement shall prevent the city from raising, lowering or changing the rate schedule at any time to nonresident users; and users shall at all times pay to the city the prevailing nonresident water rate.

(15) The user, his successors, heirs and assigns, and all users of his private line, shall comply with all rules, laws and regulations of the water department of the city of St. Helens and sign all necessary documents required by the city, such as the nonresident water user’s agreement.

(16) If at any time it is determined by the superintendent of public works of the city of St. Helens, or the council, that the pipeline or pump of the user or his successors, heirs or assigns, or those being permitted to use the same, is not being properly maintained or is in violation of the contract and agreement between the user and the city, the city may terminate surplus water to such pipeline and to the users of the line.

(17) Nothing in said agreement shall bind or require the city to furnish any water other than surplus water above and beyond the needs of the city. (Ord. 2285 § 4, 1978)

13.04.050 Temporary service.

(1) Charges for water furnished through a temporary service connection shall be at the established rates for other customers, except as noted in subsection (5) of this section.

(2) The applicant for temporary service will be required:

(a) To pay the city, in advance, the estimated cost of installing and removing the facilities to furnish the service.

(b) To deposit an amount sufficient to cover the bill for water during the entire period temporary service may be used, or to establish credit approved by the city.

(c) To deposit with the city an amount equal to the value of equipment loaned by the city. This deposit shall be refundable under the terms of subsection (3) of this section.

(3) The customer shall use all possible care to prevent damage to the meter or other equipment loaned by the city which is involved in furnishing the temporary service from the time they are installed until they are removed, or until 48 hours’ notice in writing has been given to the city that the contractor or other person is through with the meter and other equipment. If the meter or other equipment is damaged, the cost of making repairs shall be paid by the customer.

(4) Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the city.

(5) In cases of new construction where there will be a permanent installation the city may allow temporary service during the construction period, not to exceed six months. The contractor desiring this temporary water service shall be charged $2.00 a month; he shall pay a fee of $12.00 in advance and be reimbursed for the months the water is not needed. (Ord. 2285 § 5, 1978)

13.04.060 Limitations on use.

The mayor may limit the use of water in times of shortage. (Ord. 2285 § 6, 1978)

13.04.070 Interruptions in service.

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. The city shall not be liable for damage resulting from an interruption in service. (Ord. 2285 § 7, 1978)

13.04.080 Application for new service.

(1) No water service will be provided without a signed application containing the following information:

(a) The date of application.

(b) The location of premises to be served.

(d) Whether the premises has ever before been supplied by the city.

(e) The purpose for which the service is to be used.

(f) The size of the service.

(g) The address to which bills are to be mailed or delivered.

(h) Whether the applicant is an owner or tenant of the premises.

(i) An agreement to abide by all rules, regulations and ordinances of the city governing water service.

(j) Such other information as the city may reasonably request.

(2) Two or more parties who join to make application for service shall be jointly and individually liable and shall be sent a single billing.

(3) Contracts, other than applications, may be required prior to service when, in the opinion of the city, special circumstances exist.

(4) If premises are connected to the city water system without application, the premises will be disconnected. Before a new connection is made, the applicant shall pay double the rate for the estimated quantity of water consumed.

(5) No service connection or main extension for service connections shall be tapped into water transmission lines without city council approval.

(6) Application for new service connection outside the city limits for surplus city water shall be reviewed by the city engineer and the city council for facilities planning. Such applications shall not be approved by the city council unless the necessary size of main is extended to serve anticipated growth in the relevant area of the city’s urban growth boundary.

(7) No connection for new service outside the city limits for city water shall be installed unless consent to annex and an outside city water user agreement are signed and received by the water department. (Ord. 2613, 1991; Ord. 2510, 1986; Ord. 2285 § 8, 1978)

13.04.090 Meters.

(1) Meters shall be furnished and owned by the city.

(2) No rent or other charges shall be paid by the city for a meter or other equipment located on the customer’s premises.

(3) Meters shall be sailed by the city at the time of installation, and no seal shall be altered or broken except by one of its authorized agents.

(4) If a change in size of a meter and service is required, the installation shall be accomplished on the basis of a new connection. (Ord. 2285 § 9, 1978)

13.04.100 Meter deposits.

Where meters are furnished by the city, the consumer will be held responsible for the proper use of the meter and to protect the city against misuse. A deposit of $30.00 will be required of consumers within the city limits, and a deposit of $40.00 will be required of consumers outside the city limits of the city of St. Helens before water will be furnished. Any money due the water department for repairs to the meter on account of mechanical injury or for back water rent will be deducted from this sum. Any balance will be returned upon discontinuance of service to the original applicant for water service, or to his legal heirs or assigns. (Ord. 2285 § 10, 1978)

13.04.110 Meter error.

A customer may request the city to test the meter serving his premises.

(1) The customer shall deposit an amount to cover the reasonable cost of the test. This deposit will be returned if the meter is found to register more than two percent fast. The deposit required of a customer requesting a meter test shall be as follows:


Size of Meter	Amount of Deposit
3/4 inch to one inch	$100.00
Larger than one inch through 1-1/2 inch	$150.00
Larger than 1-1/2 inch	Cost to be determined by superintendent of public works

(2) A written report giving the results of the test shall be available to the customer within 10 days after completion of the test.

(3) Adjustment of bills for meter error will be made according to the provisions of SHMC 13.04.210. (Ord. 2744, 1997; Ord. 2285 § 11, 1978)

Article III. Main Extensions

13.04.120 Payment for main extensions.

Water mains extended in the city to supply new connections shall be constructed and paid for as follows:

(1) Where an existing location desires to be served immediately by extension of and connection to a main, the council shall cause such extension to be constructed:

(a) Prior to construction, the customer connecting to such extension shall pay to the city, in addition to the regular water rate, a sum to be determined by the superintendent of public works. The payment shall reflect the actual cost of installing the extension.

(b) Future customers connecting to such a main shall also pay a similarly determined amount to the city at the time the request for water service is made.

(c) The city of St. Helens may, at its option, permit the customer to pay the amount so calculated in 12 equal monthly payments, but such installment payments shall bear interest, the rate of which is to be determined by the city recorder to reflect local current interest rates, but in no case shall it exceed 10 percent per annum.

(2) Where a person, firm or corporation is developing, or desires to develop, a subdivision, and has applied to the city for the construction of water mains therein, the city may proceed to construct the necessary mains upon payment by the subdivider of the amount specified under the provisions of this section, or may require the subdivider to construct said main himself. (Ord. 2285 § 12, 1978)

13.04.130 Payment records.

The city recorder shall cause to be kept records in the water department showing completely and accurately the location, cost and extent of all mains constructed according to the provisions of this chapter. These records shall show the amount which each individual customer has agreed to pay for the construction of the main and his schedule of payments, together with a record of payments made. (Ord. 2285 § 13, 1978)

Article IV. Permits, Fees, Charges and Rates

13.04.140 Turn on fee.

No fee shall be charged if the turn on can be performed during regular working hours. There shall be a $5.00 turn on fee for each new account requiring a turn on other than during regular working hours. (Ord. 2285 § 14, 1978)

13.04.150 Water service connection permit.

All new water connections require a water service permit. The cost for such permit shall be paid in advance. Permit costs may include a systems development charge as well as connection costs incurred by the city. Such costs will be set by resolution. (Ord. 2622, 1991; Ord. 2420 § 1, 1983; Ord. 2285 § 15, 1978)

13.04.160 Restoration charge.

A customer shall pay for restoration of water service when service has been discontinued under the provisions of this chapter. The customer shall pay the sum of $20.00 or actual cost of labor and materials, whichever is higher. This charge shall not apply to new water service applicants. (Ord. 2613, 1991; Ord. 2285 § 16, 1978)

13.04.170 Rate schedule.

(1) The rates to be paid by all users of city water, including those desiring fire service, shall be the total of the rates set out in the following schedules:

(a) For all water users within the city of St. Helens, the rate shall be $0.0086 per cubic foot, effective October 15, 1984.

(b) For all water provided to the city of Columbia City under its contract with the city of St. Helens in exchange for a pipeline permit and water agreement, the rate shall be $0.0055 per cubic foot effective July 15, 1984.

(c) For all other water service outside the city limits of St. Helens, the rate shall be $0.0172 per cubic foot, except as indicated in the Enterprise Zone Ordinance No. 2500.

(d) All users of city water, inside or outside the city of St. Helens, shall pay $1.00 per month service charge for each water service meter in addition to the rate paid for water used.

(e) For all water use over 100,000 cubic feet per account per month, the rate for additional water shall be $0.0060 per cubic foot. (Ord. 2541, 1988; Ord. 2459 § 1, 1984; Ord. 2453 § 1, 1983; Ord. 2420 § 2, 1983; Ord. 2408 § 1, 1982; Ord. 2393 § 1, 1982; Ord. 2377 § 1, 1981; Ord. 2359 § 1, 1981; Ord. 2285 § 17, 1978)

Article V. Accounts and Billing

13.04.180 Billing.

(1) Water service shall be billed at a bimonthly rate, and payment shall be made within the first 10 days of the period following the last month for which charge is made.

(2) Meters shall be read at regular bimonthly intervals for the preparation of bimonthly bills and as required for the preparation of opening, closing and special bills.

(3) Closing bills shall be collected at the time of discontinuance of service.

(4) Each meter on a customer’s premises shall be billed separately, and the readings of two or more meters shall not be combined unless the city’s operating convenience requires. (Ord. 2285 § 18, 1978)

13.04.190 Adjustment of accounts.

Customer accounts shall be adjusted for any of the following circumstances:

(1) Accounts receiving 15 days or less of service in a month shall be billed one-half of the minimum monthly charge unless calculation of metered service results in a higher charge.

(2) When, upon test, a meter is found to be registering more than two percent fast, under conditions of normal operation, the city shall refund to the customer the full amount of the overcharge, based on corrected meter readings for a period not exceeding three months.

(3) When, upon test, a meter is found to be registering more than five percent slow, the city may bill the customer for the amount of the undercharge, based upon corrected meter readings for a period not exceeding three months.

(4) The city may bill the customer for water consumed while the meter was not registering. The bill shall be at the minimum monthly meter rate or shall be computed upon an estimate of consumption based upon the customer’s prior use during the same season of the prior year. (Ord. 2285 § 19, 1978)

13.04.200 Delinquent accounts.

(1) Upon failure to pay water charges due within the first 10 days of a month, by the fifteenth day of the month the account shall be delinquent and a late charge of $2.00 shall be added, and by the twenty-fifth day of the month the water service to the customer turned off.

(2) Prior to discontinuance of water service, the city shall advise the customer by a written notice that water is to be disconnected unless the delinquent amounts are paid immediately. If full payment is not made, the city shall immediately thereafter turn off the service. The notice shall be sufficient if mailed to the address listed on the application for water service.

(3) The customer owing the water bill shall pay the restoration fee as contained in SHMC 13.04.160, plus the accrued water bill, before the city will restore water service.

(4) If a user is delinquent in his payments and service has been discontinued for two consecutive billing periods, the restoration charge will be doubled for the second restoration of service, and in cases where the user’s deposit is less than the amount currently being required by the city for a water deposit, the user shall pay the difference before service is restored.

(5) The city recorder or his agent, in cases of extreme hardship, shall have the discretion of renewing service to a delinquent account upon the acceptance of a valid plan for the payment of past-due amounts in installments. (Ord. 2613, 1991; Ord. 2445, 1983; Ord. 2285 § 20, 1978)

13.04.210 Responsibility for payment of bills.

The property owner of record shall be responsible for the payment of all charges prescribed in this chapter. If the property is rented and the renter fails to pay the charges, the city recorder shall, upon approval of the council, submit the bill to the property owner. (Ord. 2285 § 21, 1978)

13.04.220 Water charge liens.

Water service charges shall be a lien against the premises served from and after the date of billing and entry on the ledger or other records of the city pertaining to its water system, and such ledger record or other record shall be made accessible for inspection by anyone interested in ascertaining the amount of such charges against the property. Whenever 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 or city ordinance. (Ord. 2285 § 22, 1978)

Article VI. Discontinuance of Service

13.04.230 Nonpayment of bills.

A customer’s water service may be discontinued if the water bill is not paid in accordance with SHMC 13.04.180. (Ord. 2285 § 23, 1978)

13.04.240 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 laws, ordinances or legal regulations.

(2) The city does not assume liability for inspection apparatus on the customer’s property. The city does reserve the right of inspection, however, if there is reason to believe that unsafe or illegal apparatus is in use. (Ord. 2285 § 24, 1978)

13.04.250 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. 2285 § 25, 1978)

13.04.260 Fraud and abuse.

The city shall have the right to refuse or to discontinue water service to a premises to protect itself against fraud or abuse. (Ord. 2285 § 26, 1978)

13.04.270 Noncompliance.

The city may discontinue water service to a customer for noncompliance with a city water or sewage 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. If such noncompliance affects matters of health or safety or other conditions that warrant such action, the city may discontinue water service immediately. (Ord. 2285 § 27, 1978)

13.04.280 Water waste.

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. 2285 § 28, 1978)

13.04.290 Customer request for discontinuance.

(1) A customer may have his water service discontinued by notifying the city at least three days in advance of the desired date of discontinuance. He shall be required to pay water charges until the date of such discontinuance.

(2) If notice is not given, the customer shall be required to pay for the water service until the date the city has learned that the customer has vacated the premises or otherwise has discontinued service. (Ord. 2285 § 29, 1978)

13.04.300 Temporary discontinuance of service.

Should it be desired to discontinue water service to the premises for a period of not less than one month, notice in writing shall be given to the city recorder and payment shall be made for unpaid charges, if any there be, at the office of the city recorder. Within 24 hours after such notice and payment, the water shall be turned off and shall be turned on again upon application. There will be a charge of $2.00 made for this service. No discontinuance of water charges will be made for a period of less than one month or without the notice prescribed in this section. (Ord. 2285 § 30, 1978)

13.04.310 Abandoned and nonrevenue-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. The cost of such new connection shall be based on time and materials. (Ord. 2628, 1991; Ord. 2285 § 31, 1978)

Article VII. General

13.04.320 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. 2285 § 32, 1978)

13.04.330 Fire hydrants.

If a property owner or other party desires a change in the size, type or location of a fire hydrant, he shall bear the cost of such change. A change in the location of a fire hydrant must be approved by the city. It is unlawful for any person to cut, alter, change, remove, disconnect or connect with, or in any manner interfere, meddle or tamper with any hydrant owned or used by the city without a permit. The provisions of this section shall not apply to the fire district, street department, or water department of the city in the proper performance of their duties, or where the requirement for a permit has been waived by the public works superintendent. (Ord. 2694, 1995; Ord. 2285 § 33, 1978)

13.04.340 Damage to city property.

The customer 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 customer, his tenants or agents. The damage shall include the breaking or destruction of seals by the customer on or near a meter and damage to a meter that may result from hot water or steam from a boiler or heater on the customer’s premises. The city shall be reimbursed by the customer for such damage promptly on presentation of a bill. No person shall tamper or interfere with city water mains, meters or other water service devices. (Ord. 2285 § 34, 1978)

13.04.350 Control valves.

The customer shall install a suitable valve, as close to the meter location as practical, the operation of which will control the entire water supply from the service. The operation by the customer of the curb stop in the meter box is not permitted. (Ord. 2285 § 35, 1978)

13.04.360 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, or where provision is made to connect the two systems by means of a spacer or otherwise, the city water service shall be turned off. The service shall not be reestablished until satisfactory proof is furnished that the cross-connection has been permanently severed. (Ord. 2285 § 36, 1978)

13.04.370 Resale of water.

Except by special arrangement with the city, no customer shall resell water received by him from the city, nor shall water be delivered to premises other than those specified in the application for service. (Ord. 2285 § 37, 1978)

13.04.380 Access to premises.

The city or its duly authorized agents shall, 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. 2285 § 38, 1978)

13.04.390 Contract purchaser deemed owner.

A person or persons purchasing property under contract, for the purposes of this chapter, shall be deemed to be the owner or owners of the property covered by the contract. (Ord. 2285 § 39, 1978)

13.04.400 Penalty.

Violation of any provision of this chapter is punishable by a fine not to exceed $500.00. (Ord. 2420 § 3, 1983; Ord. 2285 § 41, 1978)