Chapter 13.05 WATER

Every public utility producing, transmitting, delivering or furnishing water to the city of Brookings and the inhabitants thereof shall render service that is safe and adequate. [Ord. 53-O-049 § 1.]

13.05.002 City council authority.

Whenever the city council of the city of Brookings determines that service is not safe and adequate, the city council shall make an order directing the utility to provide service that is safe and adequate, describing in what respects the service provided is not safe and adequate and providing a reasonable time within which said utility shall provide safe and adequate service. [Ord. 53-O-049 § 2.]

13.05.003 Order of the city council.

A copy of such order of said city council, duly certified to be a true and correct copy thereof, and the whole thereof, by the city attorney, shall be served upon said utility. [Ord. 53-O-049 § 3.]

13.05.004 Compliance with order.

Every public utility shall comply with orders of the city council made pursuant to BMC 13.05.002. [Ord. 53-O-049 § 4.]

13.05.005 Violations.

Each day of failure by said public utility to obey and comply with the provisions of such order, or orders, is a separate violation of BMC 13.05.001 through 13.05.007. [Ord. 53-O-049 § 5.]

13.05.006 Penalty.

Pursuant to Chapter 1.05 BMC. [Ord. 07-O-590 § 2; Ord. 53-O-049 § 6.]

13.05.007 Preservation of public health and welfare.

BMC 13.05.001 through 13.05.007 are adopted in order to preserve the public health and welfare pursuant to the power granted to cities and towns by ORS 221.420, and the police power of the city of Brookings. [Ord. 53-O-049 § 7.]

13.05.010 Definitions.

A. “Applicant” shall mean the person or persons, firm, or corporation making application for water service from the city under the terms of these regulations.

B. “City” shall mean the legally constituted municipal government of the city of Brookings, Curry County, Oregon, acting through the city manager or his authorized designee.

C. “City council” shall mean the legally elected group of members composing the city council, including the mayor, of the city of Brookings.

D. “Consumer,” “customer” or “user” shall mean and include any person, firm, corporation, or association using or receiving or applying for the right to use water and/or water service from the municipal water system of the city of Brookings whether a tenant or property owner of property to which service is granted by the city.

E. “Customer service line” shall be that part of the piping on the customer’s property that connects the service to the customer’s distribution system.

F. “Service connection” or “service line” shall be that part of the water distribution system which connects the meter to the main and shall normally consist of corporation stop, service pipe, curb stop and box, meter, meter yoke, and meter box.

G. “Water main” shall normally mean a six- inch pipe or larger in diameter, laid in the street or alley right-of-way, for the purpose of water distribution to consumers through service lines. Size exceptions are determined by the site plan committee (BMC 17.80.020).

H. “Service extension” or “extension of water service” shall mean the act of making application for service, tendering of the service deposit, approval of service by the city together with receipt for and establishment of a billing account and water turn-on by the city which provides water to the subject premises. [Ord. 91-O-190.B § 1; Ord. 89-O-450 § 1; Ord. 66-O-190 § 2.]

13.05.020 Water system established.

A. Authorization. Pursuant to the City Charter, the city of Brookings is hereby authorized and empowered by and through its city council, and in the name of the city, to purchase or build, construct, maintain, extend and repair one or more municipal water systems, either within or without, or partially within and partially without, the corporate limits of the city, and to do all necessary things in connection therewith.

B. Scope. The city and all customers receiving services from the water system, whether inside or outside the city limits, are bound by these ordinances, resolutions, and applicable rules and regulations. [Ord. 88-O-432; Ord. 66-O-190 § 3.]

13.05.030 Council to make rules.

The ordinances, resolutions, and applicable rules and regulations governing consumers of water from said municipal water system, the rates to be charged such consumer, and the policy and manner of operating, managing and maintaining such municipal water system, shall be fixed, formulated and adopted by the city council. [Ord. 88-O-432; Ord. 66-O-190 § 4.]

13.05.040 Water service.

A. Water service may be extended to properties only when those properties have frontage on a public water main which has been built to current city standards to serve the requesting property and which is so constructed and extended as to provide service to adjacent property and which has been dedicated to and accepted by the city, together with the necessary easements and rights-of-way thereof, all in conformance with the requirements of this and other relevant ordinances of the city, except as provided in subsection (D) of this section. The site plan committee (as established in Chapter 17.80 BMC) shall determine the appropriateness of water main extensions and water main size requirements for areas within the city limits so as to properly serve the applicant’s lot and allow for future water main extensions and/or usage. For areas outside the city limits but within the urban growth boundary, water main extensions and water main sizing shall be determined by the city council, with recommendations from the site plan committee.

B. In order to ensure compatibility of utility systems and improvements within both the city and the urban growth area of the city, water service extensions may be permitted to properties which are in all respects developed in accordance with adopted city development standards and regulations and with the Charter and ordinances of the city.

C. For purposes of this chapter, and for indivisible single lots or parcels existing on the effective date of the ordinance codified in this chapter, as amended by Ordinance No. 88-O-432, frontage on a public water main may be satisfied by means of either an easement or land in fee simple abutting a public right-of-way containing the water main. Water service to a single lot or parcel which has been created prior to adoption of the ordinance amendment may be provided by a water service lateral but service to more than a single lot or to such parcels which are divisible into more than a single lot shall be provided by means of the extension of a public water main meeting current adopted city standards, with provision for dedication of appropriate and necessary public utility easements for installation and maintenance purposes.

D. Where the installation of a public water main would pose substantial risk to the main line or to surrounding properties as a result of identified geological hazards, the city council, upon recommendation by the city’s site plan committee, may approve the installation of water service to properties which do not have frontage on a public water main. Such approval by the city council shall be in accordance with terms and conditions as recommended by the city’s site plan committee and by the city’s engineer to minimize risk to the city’s facilities and to surrounding properties and such approval may specify conditions of approval which must be satisfied prior to connection to the city’s water system. [Ord. 91-O-190.C §§ 1, 2; Ord. 89-O-450 § 2; Ord. 66-O-190 § 5.]

13.05.050 Use of public water system.

A. The owner and the occupant of all houses, buildings, or properties used for human occupancy, employment, commerce, industry, recreation, or other purposes, or requiring fire protection services, which is situated within or served by the city water system and abutting any street, alley, or right-of-way in which there is now located or may in the future be located a public water line, is hereby required at his expense to install suitable water facilities therein, and to connect such facilities directly with the proper public water main in accordance with the provisions of this chapter, within 90 days after date of official notice to do so; provided, that said public water line is within 300 feet (91.5 meters) of the property line; except that, after the initial construction of the public water main is completed, connection to such facilities shall be completed within 12 months after official notice to do so. The city council may set a shorter time for correction or connection to public water main for users having problems which are determined to be a threat to public health, safety or general welfare.

B. When, in the judgment of the city, the water lines and appurtenances of the city are of insufficient capacity or size or the reservoirs of the city are of insufficient capacity or size or cannot reasonably be expected to provide a safe and dependable supply of water for domestic use and for fire protection, or other reasonable justification exists relating to the health, safety and welfare of the customers and citizens of the city of Brookings, then applications for additional water service may be refused. The city council may, from time to time, designate sections of the city or areas served by the water system in which additional water services will be prohibited until such time as the conditions described in this section have been corrected.

C. No unauthorized person shall maliciously, willfully, negligently or otherwise, break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the municipal water system. Any person violating this provision shall be subject to immediate arrest by law enforcement personnel. [Ord. 89-O-450 § 3; Ord. 66-O-190 § 6.]

13.05.060 Description of service.

Services shall be residential, commercial, standby fire, utility work and contract, as follows:

A. Inside City Limits.

1. Residential Service. Residential service shall consist of all services for domestic purposes, single-family dwellings, multifamily dwellings, mobile homes, and municipal purposes.

2. Commercial Service. Commercial services shall consist of those services where water is used for commercial services, such as businesses, restaurants and recreational vehicle parks.

3. Standby Fire. Standby fire services shall consist of those services where water is available or used for fire protection only.

4. Utility Work. Utility work shall consist of water needed to facilitate agency utility work, such as flushing culverts, street cleaning and other maintenance activities.

a. As used herein, “agency” is defined as: cities, school districts, fire districts, water and sewer districts, health districts, parks and recreation districts, transit districts, irrigation districts, library districts, port districts, public facility districts, public utility districts, housing districts, and other authorized special districts.

5. Contract Service. Contract services shall consist of those services for industrial or independent water district purposes under contracts authorized by the city council.

B. Outside City Limits.

1. Residential Service. Residential service shall consist of all services for domestic purposes, single-family dwellings, multifamily dwellings, mobile homes, and municipal purposes.

2. Commercial Service. Commercial services shall consist of those services where water is used for commercial services, such as businesses, restaurants and recreational vehicle parks.

3. Standby Fire. Standby fire services shall consist of those services where water is available or used for fire protection only.

4. Utility Work. Utility work shall consist of water needed to facilitate agency utility work, such as flushing culverts, street cleaning and other maintenance activities.

5. Contract Service. Contract services shall consist of those services for subdivisions, developments, industrial or independent water district purposes under contracts authorized by the city council.

C. Special Contracts. When the applicant’s requirements for water are unusual or large, such as an independent water district, or necessitates considerable special or reserve equipment or capacity, such as a subdivision or other development, the city council reserves the right to make a special contract, the provisions of which are different from and have exceptions to the regularly published water rates, rules, and regulations. This special contract shall be in writing, signed by the applicant and approved by the city council.

D. Resale of Water. Resale of water shall be permitted only under special contract in writing between the city council and the persons, parties, or corporation selling the water.

E. Water Conservation. In case of shortage of supply, the city reserves the right to give preference in the matter of furnishing service to consumers, as in the judgment of its representatives shall be for the best interests of the city, from the standpoint of public convenience and necessity. The city council is hereby authorized and empowered, in any case of emergency, to establish such hours as it may find necessary for the use of water for irrigation of lawns and other irrigation purposes, and is authorized and empowered to otherwise limit the amount of water used by consumers, in order to conserve the city water supply. [Ord. 16-O-751 § 2; Ord. 88-O-432; Ord. 66-O-190 § 7.]

13.05.070 Water main extensions.

Extension of water mains will comply with the same procedure as BMC 13.10.280, Sewer main extensions. [Ord. 14-O-724 § 1; Ord. 88-O-432; Ord. 66-O-190 § 8.]

13.05.080 Service pipe extension.

The installation of service pipes extending from the main to the nearest property line abutting the main in the direction of the applicant’s premises, including a meter, and the necessary labor and materials for such construction shall be made or approved by the city. If said service pipes are constructed by the city, the property owner and applicant shall pay the costs of said construction to include time expended, labor, equipment and materials, together with administrative overhead. Costs shall be assessed against the property or owner. All water connections to the main line shall be assessed a charge or charges as prescribed from time to time by resolution of the city council. In the case of multiple-family dwellings, such as apartment buildings, duplexes, and other multiple-family dwellings, and motels and hotels, each unit using said connection shall be assessed a charge or charges as prescribed from time to time by resolution of the city council for said connection. Any applicant or property owner failing to pay said costs of construction or connection fee shall be subject to the provisions as set forth by resolution of the city council. [Ord. 88-O-432; Ord. 66-O-190 § 9.]

13.05.090 Application for service.

A. Application Form. Each applicant for water service shall sign an application form provided by the city giving the date of application, location of premises to be served, the date applicant desires service to begin, purpose for which service is to be used, the address for mailing of the billings, the class and the size of the meter service, and such other information as the city may reasonably require. In signing the application, the customer agrees to abide by the ordinances, resolutions, and applicable rules and regulations of the city. The application is merely a written request for service and does not bind the city to serve. In the event the request for water service is approved by the city, the application shall be and become a binding contract between the consumer or property owner or both and the city, as provided in BMC 13.05.110(A).

B. Service Account Fee. Any new application for a sewer service account shall be charged, at the time of application, a nonrefundable fee, as adopted or as amended from time to time by resolution of the city council. Any customer having services reinstated after forfeiture of deposit shall be charged the same nonrefundable fee prior to reinstatement of those services.

C. Deposits and Establishment of Credit. At the time application for service is made, the applicant shall establish his credit with the city.

1. Establishment of Credit. The credit of the applicant will be deemed established when the applicant makes a cash deposit with the city to secure the payment of bills for service. The deposit amount shall be set from time to time by resolution of the city council.

2. Deposits. At the time the deposit is given to the city, the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. In the event the service is discontinued, the deposit will be applied to the closing bill and any amount in excess of the closing bill will be refunded. The city will not pay interest on any deposit.

3. Forfeiture of Deposit. If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that premises or that customer at different premises until all outstanding bills due the city have been paid and the cash deposit replaced, together with a service charge as provided in the rate resolution adopted by the city council.

D. Application Amendments. Customers desiring a material change in the size, character, or extent of equipment or operation which would result in a material change in the amount of water used shall give the city written notice of such change prior to the change and the application for service shall be amended and the amendment subject to approval of the city. [Ord. 12-O-697 § 2; Ord. 88-O-432; Ord. 66-O-190 § 11.]

13.05.100 Location and ownership of lines.

A. Locations of Extensions. The city will make water main extensions only on rights-of-way, easements, or publicly owned property. Easements or permits secured for main extensions shall either be obtained in the name of the city of Brookings or transferred to the city of Brookings, along with all rights and title to the main at the time the service is provided to the customers paying for this extension.

B. Every property owner shall install his own pipe line from his property line onto his premises and shall install his own valve in his own pipe line for the control of water service to his premises. The city shall be the owner of all service lines and mains located inside or outside the city limits, whether original installations or extensions or enlargements and whether paid for by the city or paid for by the consumer, and the city shall maintain, repair and replace the service lines, mains and meters within the city at the city’s expense. The city shall be the owner of all meters.

C. Outside the City Limits. Water mains outside the city limits shall be extended only at the expense of the customers served. The main extensions shall become the property of the city at the time installed. The city council shall determine the size of the main extensions and all extensions shall be of a suitable material approved by the city council. Extensions outside the city limits shall be installed by the city or by contractors approved by the city. The installation procedures and materials used shall be in accordance with the city and the state of Oregon standards.

D. Service lines, mains, meters, pumps, tanks and all appurtenances located outside the city shall be maintained by the city at the sole cost and expense of the customers served thereby and at no cost or expense to the city. [Ord. 88-O-432; Ord. 66-O-190 § 12.]

13.05.110 Contracts.

A. In case the premises of the applicant for water service are connected for water service as a result of his application being accepted, the application given in writing shall be considered as a binding contract in which the applicant agrees to abide by such rates, ordinances, resolutions, and applicable rules and regulations as are in effect at the time of signing the application, or as may be adopted or modified thereafter by the city, and to pay all bills promptly.

B. The city reserves the right to make special contracts, the provisions and conditions of which are different from or have exceptions to the regular published schedules. When the consumer’s requirements for water are unusual or large, or necessitate considerable special or reserve equipment, or capacity or special rates, the city may also require the consumer to furnish security satisfactory to the city to protect the city against loss and to guarantee the performance of the provisions of the contract. Special contracts shall be in writing and signed by the proper consumer and the mayor, after a resolution authorizing such contract shall have been passed by a majority vote of the city council; provided however, that temporary contracts may be entered into by the city subject to the approval of the city council at its next council meeting.

C. Except for special contracts which specify the length of time to which the contract rate shall be extended, all rates, ordinances, resolutions, and applicable rules and regulations are subject to change or modification by the city without notice. [Ord. 88-O-432; Ord. 66-O-190 § 13.]

13.05.120 Responsibility and service preferences.

A. The city shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the consumer’s lines, plumbing or equipment, and the city may, without further notice, discontinue service to any consumer when a defective condition of plumbing or equipment upon the premises of the consumer results, or is likely to cause contamination of the water. The city does not assume the duty of inspecting the consumer’s line, plumbing and equipment, and shall not be responsible therefor, and will not be liable for failure of consumer to receive service on account of defective plumbing or apparatus on the consumer’s premises, or for excessive consumption.

B. The city, whenever it shall find it necessary for the purpose of making repairs or improvements to its system shall have the right to suspend temporarily the delivery of water.

C. The city will exercise reasonable diligence and care to furnish and deliver a continuous and sufficient supply of pure water to the consumer, and to avoid any shortage or interruption of delivery of same. The city will not be liable for high or low pressure conditions, chemical or bacteriological conditions, interruption or shortage or insufficiency of supply, or any loss or damage occasioned thereby. The use of water upon the premises of the consumer is at the risk of the consumer, and the responsibility of the city shall cease at the point of delivery of water. Unless otherwise specified in agreement, the point of delivery shall be the point where the city’s service line attaches to the consumer’s line. [Ord. 88-O-432; Ord. 66-O-190 § 14.]

13.05.130 Services.

A. Ownership, Installation, and Maintenance. The city shall own, install, and maintain all services and installation and maintenance shall only be performed by authorized employees or contractors approved by the city. The customer shall own, install, and maintain the customer service line.

B. Service Connection Charge. At the time the applicant files for service where no service previously existed, or if he is filing for a change in service size or location, he shall submit with his application the service connection charge. This charge is to cover the actual cost to the city to install the service from the main to and including the meter and the meter housing. The service connection charge shall be as determined by the city in the current published water rate schedule.

C. Size of Service. The city will furnish and install a service of such size and at such locations as the applicant requests, provided such requests are reasonable and that the size requested is one that is listed by the city. The minimum size of service shall be three-fourths inch. The city may refuse to install a service line which is undersized or oversized as determined by the city.

D. Changes in Service Size. Permanent changes in the size of the service line requested by the customer shall be paid by the customer on the basis of actual cost to the city for making the change.

E. Length of Service Lines. Where the main is in a public right-of-way, the meter will be placed at the right-of-way line nearest the property to be served for the standard connection fee, provided the length of service line does not exceed the width of the right-of-way.

Where the main is on an easement or publicly owned property other than designated rights-of-way, the services shall be installed to the boundary of the easement or public property by the city, provided the length of service does not exceed 30 feet.

If, in either case cited above, the length of service line to the meter location exceeds the maximum stated, the applicant shall pay the extra cost of the line on the basis of actual cost to the city for labor, materials, and equipment plus 15 percent for administration and overhead.

F. Joint Service Connections. The city may, at its option, serve two or more premises with one connection. On new service connections, the inside diameter of such joint lines shall be sufficient to provide a carrying capacity not less than the combined capacity of individual service lines of the same size as the meters installed.

Service extensions from an existing service to occupancies or ownerships other than that for which the existing service was intended shall not be permitted nor shall separate residences be permitted to receive service through one meter except under special considerations approved by the city council.

G. Number of Service Connections on Premises. The owner of a single parcel of property properly zoned for multifamily residential purposes may apply for and receive as many services as he and his tenants may be entitled to, provided his application or applications meet the requirements of the policies, ordinances, resolutions, and applicable rules and regulations and the development regulations of the city.

H. Standby Fire Protection Service Connections.

1. Purpose. Standby fire protection service connections of two-inch size and larger will be installed only if adequate provisions are made to prevent the use of water from such services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water-operated alarms shall be considered as having such provisions. The city may require that a suitable detector check meter be installed in the standby fire protection service connections, to which hose lines or hydrants are connected. All piping on the customer’s premises shall be installed in accordance with the plumbing code of the state of Oregon.

2. Charges for Service. Charges for standby fire protection service will be stated in the published water rate schedule. No charge will be made for water used in the standby fire protection services for routine testing of the fire protection system. The customers shall pay the full cost of the standby fire protection service connection, any required detector check meters, together with any required special water meter installed for the service to the standby connection.

3. Violations of Regulations. If water is used from a standby pipe connection service in violation of these regulations, an estimate of the amount used will be computed by the city. The customer shall pay for the water used at the regular rates, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the regular water rates.

J. Fire Service Connections Other Than Standby. A service having fire protection facilities on the premises and water for other purposes flowing through the same service connection shall be considered as an ordinary service and metered as such. All water used through that service, regardless of its use, will be charged at the regular rates.

K. Temporary Service Connections. Temporary service connections shall be made at the discretion of the city and according to the following terms and conditions:

1. Time Limit. 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.

2. Charge for Water Served. Charges for water furnished through a temporary service connection shall be at the established rates set forth in the current water rate schedule.

3. Installation Charge and Deposits. The applicant for temporary service will be required:

a. To pay the city, in advance, the estimated cost of installing and removing all facilities necessary to furnish each service;

b. To deposit an amount sufficient to cover bills for water during the entire period such temporary service may be used, or to otherwise establish credit approved by the city; and

c. To deposit with the city an amount equal to the value of any equipment loaned by the city to such applicant.

4. Responsibility for Meters and Installation. The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the city. If the meter or other facilities are damaged, the cost of making repairs shall be deducted from the deposit refund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the termination of service.

L. Customer’s Plumbing.

1. Plumbing Code. The customer’s plumbing, which shall include the customer’s service line and all plumbing, piping, fixtures, and other appurtenances carrying or intended to carry water, sewer, or drainage, shall comply with the plumbing code of the state of Oregon.

2. Control Valves. Customers shall install a suitable control valve in the customer service line as close to the meter as possible, the operation of which will control the entire water supply to the premises served. In the event a customer’s service is discontinued for any reason, a control valve must be installed, if none exists, as provided by this section. It shall be a violation of these ordinances, resolutions, and applicable rules and regulations for the customer to operate, cause, or permit unauthorized operation of the meter stop or any appurtenances on the service connection. [Ord. 88-O-432; Ord. 66-O-190 § 15.]

13.05.140 Meters.

A. Each separate house, mobile home, apartment house, store, business building, commercial building, factory, mill, recreational vehicle park, campground, hotel or motel (hereinafter referred to as “building”) which uses (or will be serviced by) water from the municipal water system shall be provided with a separate water meter for each such building; and two or more buildings, even though upon the same premises or owned by the same person, shall not be serviced by the same meter. The city shall install a meter or meters at each such building, and such meter or meters shall be installed before any water is furnished to such building. This subsection applies both to buildings already constructed or under construction and to buildings hereafter constructed. The legal owner (and, if any, contract purchaser) of a premises already serviced which requires any additional meter for any additional building shall make application for such meter and pay a fee which shall from time to time be designated by the city for such additional meter at said premises.

B. The city shall determine the size of the meter, and the size and kind of pipe in connection with each extension. The city shall determine the location of the tap to the main and also the meter location.

C. Subsections (A), (B), and (C) of this section shall not apply to real property located outside the city limits of Brookings. A prospective consumer desiring service to a premises outside the city limits shall make application to the city council therefor; the application shall be accompanied by an application fee which shall from time to time be designated by the city (to be paid in addition to the deposit required by BMC 13.05.090, and in addition to the cost of such extension as hereinafter mentioned). The city council may, at its option, reject such application for reason of insufficient supply or pressure or for inability of the system to provide fire protection. If the application is granted, the city shall construct any portion of such extension which is located inside the city limits and the prospective consumer shall pay the actual cost of said portion of such extension (said payment to be made before any water is furnished) and the prospective consumer shall build and maintain all water lines located outside the city limits. The city shall install a meter for each consumer before water is furnished, but the city may permit more than one building outside the city limits to be serviced by the same meter.

D. Ownership. The city will own and maintain all water meters. The city will not pay rent or any other charge for a meter or other water facilities, including housing and connections on a customer’s premises.

E. Installation. Installation of water meters shall be performed only by authorized employees of the city. All meters shall be sealed by the city at the time of installation, and no seal shall be altered or broken except by one of its authorized employees.

F. The Size and Type of Meter. Applicant may request and receive any size meter regularly stocked or furnished by the city; provided the request is reasonable; and further provided, that the meter is not greatly oversized or undersized, as determined by the city. The city reserves the right to determine the type of meter to be installed.

G. Location of Meters. Meters shall normally be placed at the curb or property lines; the meter will be installed wherever the applicant desires within reason, but the location must be approved by the city. The meters will not be located in driveways or other locations where damage to the meter or its related parts may occur.

H. Joint Use of Meters. The joining of several customers to take advantage of the single minimum charges and large quantity rates shall be prohibited.

I. Changes in Size or Location. If, for any reason, a change in the size of a meter and service is required, the installation will be accomplished on the basis of a new connection, and the customer’s application shall be so amended. Meters or services moved for the convenience of the customer will be relocated only at the customer’s expense.

J. Meter Accuracy. All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service which is suspected or known to have an error in registration in excess of two percent under conditions of normal operation.

K. Meter Test.

1. Standard Test. Meter tests will be conducted in accordance with standards of practice established by the American Water Works Association.

2. On Customer Request. A customer may, giving not less than seven days’ notice, request the city to test the meter serving his premises. The city will require the customer to deposit the testing fee. This fee shall be an amount as adopted or as amended from time to time by resolution of the city council. The deposit will be returned to the customer if the test reveals the meter to over-register more than two percent under conditions of normal operation. If the meter is operating satisfactorily or if the meter under-registers more than two percent under the standard test conditions, the deposit shall be retained by the city. Customers may, at their option, witness any meter tests which they request.

3. On City Request. If, upon comparison of past water usage, it appears that a meter is not registering properly, the city may, at its option, test the meter and adjust the charges accordingly if the meter either over-registers or under-registers. No charge for meter testing will be made to the customer for the meter test under these conditions.

L. Adjustment of Bills for Meter Error.

1. No credits or debits will be borne by the city or the customer should the tested meter show variance high or low from the accuracy defined in subsection (K)(2) of this section.

2. Nonregistering Meters. The city will bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer’s prior use during the same season of the year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same season and under similar circumstances and conditions. [Ord. 88-O-432; Ord. 66-O-190 § 16.]

13.05.150 Water rates.

The rates, fees, and other charges to be charged by the city of Brookings to the users of any of its water supply services or facilities shall be as adopted or as amended from time to time by resolution of the city council. [Ord. 88-O-432; Ord. 66-O-190 § 17.]

13.05.160 Notices.

A. Notices to Customers. Notices from the city to the customer will normally be given in writing and either mailed or delivered to him at his last known address. Where conditions warrant and in emergencies, the city may notify either by telephone or messenger.

B. Notices from Customers. Notices from the customer to the city may be given by the customer or his authorized representative orally or in writing to City Hall or to an agent of the city duly authorized to receive notices or complaints.

C. Notice to Shut Off Water. Each consumer about to vacate any premises or who desires water service discontinued for any other reason, shall give written notice of his desire, specifying the date service is to be discontinued; otherwise, he will be held responsible for the payment for all water supplied to such premises until the city shall have notice of such discontinuance. [Ord. 88-O-432; Ord. 66-O-190 § 18.]

13.05.170 Billing and payment.

A. Liability for Payment. All bills for water service shall be charged against the applicant for water service. The applicant shall be held liable for the payment of such service, together with such fines and penalties as may accrue against the same by reason of any of the provisions of this chapter. In the event that the customer is not the property owner, the property owner may also be held liable for the charges under the provisions of this chapter. Service will not be provided to the same premises or to the same customer, at any other premises, until all delinquent charges have been paid in full.

B. Meter Readings. Meters will be read and customers billed on the basis of the meter reading to the nearest cubic foot. The city will keep an accurate account on its books of all readings of meters and such account, so kept, shall be offered at all times, places, and courts as prima facie evidence of the use of water service by the customer.

C. Rendering of Bills.

1. Billing Period. All meters shall be read and bills rendered therefor monthly.

2. Bills for Other Than Normal Billing Period. Opening or closing bills, or bills that for any other reason cover a period containing 10 percent more days or 10 percent less days than in the normal billing period, shall be prorated.

3. Bills for More Than One Meter. All meters supplying a customer’s premises shall be billed separately, except that where the city has, for operating purposes, installed two or more meters in place of one, the reading may be combined for billing.

D. Disputed Bills. When a customer disputes the correctness of a bill, he shall deposit the amount of the disputed bill at the time the complaint is lodged, to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make such a deposit shall warrant discontinuance of service, as provided under BMC 13.05.190.

E. Failure to Read Meters. In the event that it shall be impossible or impractical to read a meter on the regular reading date, the water consumption shall be prorated on the basis of 30 days per month and the total water consumption for billing purposes for that period shall be estimated.

F. Payment of Bills. Each bill rendered shall contain the final date on which payment is due. If the bill is not paid by that date, the account shall be considered delinquent unless other arrangements have been made with the city in writing that specify another due date.

G. Delinquent Accounts.

1. Delinquent and Turn-Off Notice. At the end of each month, a delinquent notice will be sent, which will include late fee. Said notice shall state a date on which water will be turned off if delinquent account is not paid in full prior thereto. If customer is different than property owner, delinquent notice will also be sent to the property owner at the address where real property taxes are sent.

2. Service Turn-Off. On the turn-off date, the meter reader or other agent of the city of Brookings shall deliver a written notice to the customer stating that the water service is being turned off until all delinquent amounts have been paid. The meter reader or other agent of the city shall immediately thereafter turn off the service. A delivery to the premises served by the meter shall be considered a delivery to the customer.

3. Service Charge. In all instances where water has been turned off because of delinquent accounts, a service charge shall be made for the restoration of services and replacement of the cash deposit, as stated in BMC 13.05.090(B). The service charge will be an amount as adopted or as amended from time to time by the city council.

H. Installment Payments of Delinquent Accounts. In cases of extreme hardship, the city recorder shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue amount, such installment period not to exceed the period of time the account was delinquent. Failure to meet installment payments as agreed shall result in immediate termination of service without additional notice.

I. Nonpayment of Bills.

1. A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures listed in this section of these ordinances, resolutions, and applicable rules and regulations.

2. Liens. In the event any of the fees or charges provided by this chapter are not paid promptly when due, the city recorder is authorized to enter the amount of such charges immediately in the docket of city liens as a lien against the real property described in the application for the sanitary sewer connection. Payment made by a check which is not honored by the customer’s bank constitutes a continuing delinquency from the posted past-due date.

3. The city may refuse service to applicant(s) for nonpayment of bills on another property. [Ord. 12-O-697 § 2; Ord. 02-O-553 § 1; Ord. 02-O-190.D § 2; Ord. 88-O-432; Ord. 66-O-190 § 19.]

13.05.180 Charges – Appeal procedures.

A. All rates and charges for water service shall be due and payable by the recipient thereof and/or the owner of the property to which the same is supplied within 10 days after the first day of each month, and if not paid within 20 days after the first day of each month, water services to the premises shall be disconnected.

B. Any person or persons who contest any charge as being excessive or complain of being charged for services not rendered or seek to protest a refusal of water service or a proposed termination of water services as being unjustified shall have the right, after paying the contested bill or charge in full, to request in writing an informal hearing before the city manager or his designee any time within 15 days after the first day of the month when the billing becomes due. The city manager shall, upon receipt of the request for hearing, immediately schedule an informal hearing to be held at the City Hall, at which time the person protesting shall be given the opportunity to present evidence in support of his position. The city manager shall take evidence from the city clerk or his/her designee as to the reasonableness, fairness, and validity of the charges and shall render his decision within 24 hours after closing the hearing and shall notify the complainant of his decision.

C. If the person so protesting feels aggrieved by the decision of the city manager, he/she may appeal that decision to the city council so long as said appeal is filed, in writing, with the city clerk within 15 days after the decision is rendered by the city manager. After an appeal has been filed, the city council shall notify the complainant of the time and place that it shall consider the appeal, and the complainant shall have the right to be present at the appeal. The city council shall give full consideration to the evidence presented by the complainant and by the city and shall render its decision after discussion of the same and shall notify the complainant of its decision.

D. No water services shall be terminated during the course of the hearing or appeal procedure described in subsections (A) through (C) of this section.

E. Once water service is disconnected, the person or persons desiring resumption of water services shall pay all amounts due and owing the city, and a reconnection fee as prescribed by resolution of the city council, together with all arrearages due and owing the city, before service shall be resumed. [Ord. 88-O-432; Ord. 66-O-190 § 20.]

13.05.190 Discontinuance of service.

A. On Customer Request. Each customer about to vacate any premises supplied with water service by the city shall give the city written notice of his intentions at least two days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all water supplied to such premises until the city shall receive notice of such removal. At the time specified by the customer that he expects to vacate the premises where service is supplied or that he desires service to be discontinued, the meter will be read and a bill rendered which is payable immediately. In no case will the bill be less than the monthly base rate.

B. Nonpayment of Sewer and Water Service Charges. If the sewer service charges provided for in Chapter 13.15 BMC are not paid when due by any such person, firm, or corporation whose premises are served or who are subject to the charges herein provided, water service provided to that customer by the city may be discontinued because of the default in the payment of the sewer service charges. As an additional alternative method of collection, if such rates and charges are not paid when due by any such person, firm, or corporation, the amounts so unpaid may be certified by the city recorder to the county assessor of Curry County, Oregon, and shall be by him assessed against the premises served as provided by law and shall be collected and paid over to the city in the same manner as other taxes are assessed, collected, and paid over, with interest. Interest on unpaid bills shall run from the due date thereof at the rate adopted by resolution of the city council. Such unpaid charges may also be recovered in an action at law in the name of the city, with interest as aforesaid.

C. Improper Customer Facilities, Unsafe Facilities. The city may refuse to furnish water and may discontinue services to any premises without prior notice where plumbing facilities, appliances, or equipment using water are dangerous, unsafe, or not in conformity with the plumbing code of the state of Oregon.

D. Water Waste. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the city may discontinue service if such conditions are not corrected after due notice by the city.

E. Service Detrimental to Others. The city may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.

F. Fraud or Abuse. The city will refuse or discontinue service to any premises where it is deemed necessary to protect the city from fraud or abuse. Discontinuance of service from one or both of these causes will be made immediately upon receipt of knowledge by the city that the condition or conditions exist.

G. Unauthorized Turn-On. Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed. The charges for shutting off the water at the main or removing the meter shall be computed at actual cost to the city plus 15 percent overhead, but not less than $50.00. These charges shall be billed to the offending customer and water shall not be furnished to the premises or customer until such charges are paid and the city has reasonable assurance that the violation will not reoccur.

H. Noncompliance with Regulations. The city may, without notice, discontinue service to a customer’s premises for failure to comply with any of the provisions of this chapter, the city’s resolutions, and regulations of the city where such failure to comply constitutes a threat to public health, safety or general welfare. [Ord. 13-O-709 § 2; Ord. 88-O-432; Ord. 66-O-190 § 21.]

13.05.195 Water quality – Cross connection control program.

A. Definitions.

1. “Auxiliary supply” means any water source or system other than the city of Brookings water system.

2. “Approved backflow prevention assembly” or “backflow assembly” or “assembly” means an assembly to counteract back-pressure and/or prevent back-siphonage. This assembly must appear on the list of approved assemblies issued by the Oregon Health Authority.

3. “Backflow” means the flow in the direction opposite to the normal flow or the introduction of any foreign liquids, gases, or substances into the water system of the city of Brookings.

4. “Certified backflow assembly tester” shall mean a person who has successfully completed and maintains all requirements as established by the Oregon Health Authority to be a tester in the state of Oregon.

5. “Certified cross connection control specialist” shall mean a person who has successfully completed and maintains all requirements as established by the Oregon Health Authority to be a specialist in the state of Oregon.

6. “City water system” shall refer to and mean the city of Brookings water system, maintained by the city of Brookings, which shall include wells, treatment mechanisms or processes, pumping stations, reservoirs, supply trunk or feeder lines, service lines, meters and all other appurtenances, device lines and items necessary to the operation of the system and to supply water service to individual property or premises and shall include the city of Brookings potable water with which the system is supplied.

7. “Contamination” means the entry into or presence in a public water supply system of any substance which may be deleterious to health and/or quality of the water.

8. “Cross connection” means any physical arrangement where a potable water supply is connected, directly or indirectly, with any other nondrinkable water system or auxiliary system, sewer, drain conduit, swimming pool, storage reservoir, plumbing fixture, swamp coolers or any other device which contains, or may contain, contaminated water, sewage or other liquid of unknown or unsafe quality which may be capable of imparting contamination to the public water system as a result of backflow. Bypass arrangements, jumper connections, removable sections, swivel or changeover devices or other temporary or permanent devices through which or because of which backflow may occur, are considered to be cross connections.

9. “Degree of hazard” means the non-health hazard or health hazard classification that shall be assigned to all actual or potential cross connections.

10. “Double check valve backflow prevention assembly,” “double check assembly,” “double check” or “DCVA” means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a resilient seated shut-off valve on each side of the checks, as well as test cocks to test the checks for tightness.

11. “Double check detector assembly” or “DCDA” means an assembly which consists of two independently operating check valves which are spring-loaded or weighted. The assembly comes complete with a shut-off valve on each side of the checks, as well as test cocks to test the checks for tightness. It shall also be provided with a factory bypass arrangement with a meter and a minimum of an approved double check assembly.

12. “Health hazard” means an actual or potential threat of contamination of a physical, chemical or biological nature to the public potable water system or the consumer’s potable water system that would be a danger to health.

13. “In-premises protection” means the appropriate backflow prevention within the consumer’s water system at or near the point at which the actual or potential cross connection exists.

14. “Mobile units” shall mean units that are temporary in nature, connecting to the water system through a legally-permitted hydrant, hose bibb, or other appurtenance of a permanent nature that is part of the city of Brookings water system or a permanent water service to a premises. Examples can include but are not limited to the following: water trucks, pesticide applicator vehicles, chemical mixing units or tanks, waste hauler’s trucks or units, sewer cleaning equipment, carpet or steam cleaning equipment other than homeowner use, rock quarry or asphalt/concrete batch plants or any other mobile equipment or vessel that poses a threat of backflow in the city of Brookings water system. Uses that are excluded from this definition are recreational vehicles at assigned sites or parked in accordance with other city of Brookings policies pertaining to recreational vehicles and homeowner devices that are used by the property owner in accordance with other provisions of this, or other, city of Brookings policies pertaining to provision of water service to a premises.

15. “Non-health hazard” shall mean the classification assigned to an actual or potential cross connection that could allow a substance that may be objectionable, but not hazardous to one’s health, to backflow into the potable water supply.

16. “OHA” shall mean Oregon Health Authority.

17. “OAR” shall mean Oregon Administrative Rule.

18. “Person(s)” shall mean a natural person (individual), corporation, company, city, partnership, firm, limited liability company, joint venture company or city, and other such entity.

19. “Pollution hazard” means an actual or potential threat to the physical properties of the water system or the potability of the public or the consumer’s potable water system, but which would not constitute a health or system hazard, as defined. The maximum intensity of pollution to which the potable water system could be degraded under this definition would cause minor damage to the system or its appurtenances.

20. “Premises” means any piece of property to which water service is provided, including, but not limited to, all improvements, mobile structures and other structures located upon it.

21. “Premises isolation” means the appropriate backflow prevention at the service connection between the public water system and the premises. This location will be at or near the property line and downstream from the service connection meter.

22. “Reduced pressure principle backflow prevention assembly” or “reduced pressure principle assembly” or “RP assembly” shall mean an assembly containing two independently acting approved check valves together with a hydraulically operated, mechanically independent pressure differential relief valve located between the check valves, and at the same time, below the first check valve. The assembly shall include properly located test cocks and two tightly closing shut-off valves.

23. “Reduced pressure detector assembly” or “RPDA” shall mean an approved assembly consisting of two approved reduced pressure backflow assemblies, set in parallel, equipped with a meter on the bypass line to detect small amounts of water leakage or use. The assembly should include properly located test cocks and two tightly closing shut off valves.

24. “Resident” means a person or persons living within the area(s) served by the city of Brookings water system.

25. “Retrofitting” means to furnish a service connection with parts or equipment made available after the time of construction or assembly installation.

26. “Specialist” means an Oregon Health Authority-certified cross connection specialist, either employed with the city of Brookings or contracted by the city of Brookings.

27. “SOP manual” shall mean the city’s standard cross connection control program operating procedures and guidance manual.

28. “Submerged heads” means irrigation sprinkling or delivery devices that are located below the surface of the landscaped area in which they are installed.

29. “Supervisor” shall mean the public works supervisor or his/her designee.

30. “Thermal expansion” means the pressure created by the expansion of heated water.

31. “Unapproved substance” means any substance, gas, or liquid other than the city’s drinking water or the city’s used drinking water.

32. “Used water” means any water supplied by the city to a customer’s property after it has passed through the service connection and is no longer under the control of the city.

B. Purpose. The purpose of this section is to protect the water supply and distribution system of the city of Brookings from contamination or pollution due to any existing or potential cross connections and to comply with OAR Chapter 333-061 or as amended.

C. Application and Responsibilities. This section applies throughout the city of Brookings water system and to every premises and property served by the city of Brookings water system. It applies to all premises, regardless of date of connection to the city of Brookings water system. Every owner, occupant or person in control of any concerned premises is responsible for the terms and provisions contained in this section.

D. Cross Connections Regulated.

1. No cross connections shall be created, installed, used or maintained within the area(s) served by the city of Brookings water system, except in accordance with this section.

2. The specialist shall carry out or cause surveys to be carried out to determine if any actual or potential cross connection exists. If found necessary, an assembly commensurate with the degree of hazard will be required at the service connection.

3. The owner, occupant or person in control of any given premises is responsible for all cross connection control within the premises.

4. All premises found in OAR 333-061-0070, Table 48, shall install a reduced pressure backflow assembly at the service connection in accordance with this section.

5. It is the responsibility of the property owner to purchase, install, test, repair and maintain all backflow assemblies.

6. If there is a change in ownership of any and all property within the city’s service area, it shall be the responsibility of the new owner to determine that all assemblies are in compliance with this section.

E. Backflow Prevention Assembly Requirements.

1. A specialist employed by, or under contract with, the city of Brookings, shall determine the type of backflow assemblies to be installed within the city of Brookings water system. All assemblies shall be installed at the service connection unless it is determined by the specialist and approved by the supervisor that in-premises protection would be adequate. Such in-premises protection must be installed, maintained and tested in accordance with the Oregon Plumbing Specialty Code.

2. An approved assembly shall be required for all premises identified in OAR 333-061-0070, Table 48.

3. Premises with cross connections not listed or defined in Table 48 shall be individually evaluated by a specialist. The city shall require the installation of an approved assembly commensurate with the degree of hazard on the premises, as defined in OAR 333-061-0070, Table 49. Any such premises shall be required to install an approved assembly under the following circumstances:

a. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to permit entry into potable water system, the potable water system shall be protected by an approved air gap separation or an approved reduced pressure principle backflow prevention assembly.

b. When the nature and extent of any activity at a premises, or the materials used in connection with any activity at premises, or materials stored at a premises, could contaminate or pollute the potable water supply.

c. When a premises has one or more cross connections, as that term is defined in subsection (A) of this section.

d. When internal cross connections are present that are not correctable.

e. When intricate plumbing arrangements are present making it impractical to ascertain whether cross connections exist.

f. When the premises has a repeated history of cross connections being established or re-established.

g. When entry is restricted to the premises and where the survey report form indicated a possible cross connection may exist.

h. When materials are being used such that, if backflow should occur, a health hazard could result.

i. When an appropriate cross connection survey report form has not been filed with the city of Brookings supervisor.

j. Any and all used water return systems.

k. If an in-premises assembly has not been tested or repaired as required by this section, the installation of a reduced pressure principle assembly will be required at the service connection.

l. There is piping or equipment for conveying liquids other than potable city of Brookings water and that piping or other equipment is under pressure and installed and operated in a manner that could cause a cross connection.

m. When installation of an approved backflow prevention assembly is deemed by a specialist to be necessary to accomplish the purpose of this section and OAR 333-061-0070.

n. The use of any type of chemical spray attachment connected to the premises plumbing, including garden hose fertilizers and pesticide applicators, is not allowed within the city of Brookings water system without proper protection from the potential of backflow occurring.

o. The use of any type of radiator flush kits attached to the premises plumbing is not allowed within the city of Brookings water system without proper protection from backflow occurring.

p. Wherever reclaimed water or separate irrigation water is used on premises.

q. When there is a premises with an auxiliary water supply which has the potential to be interconnected to the city of Brookings water service or supply system.

4. When a premises is required to install an approved assembly, the city shall:

a. Ensure the approved assembly is installed at a location adjacent to the service connection or point of delivery; and

b. Ensure any alternate location used must be with the approval of the city and must meet the city’s cross connection control requirements.

5. When a premises is required to install an approved assembly, the premises owner shall:

a. Ensure no cross connections exist between the point of delivery from the city water system and the approved backflow prevention assemblies, when these are installed in an alternate location; and

b. Assume responsibility for testing, maintenance, and repair of the installed approved backflow prevention assembly to protect against the hazard.

F. Discontinuation of Water Service – Noncompliance with Program. Water service may be disconnected to a premises for any of the following reasons:

1. Failure to remove or eliminate an existing unprotected or potential cross connection;

2. Failure to install a required approved backflow prevention assembly;

3. Failure to maintain an approved backflow prevention assembly; or

4. Failure to conduct the required testing of an approved backflow prevention assembly.

G. Retrofitting. Retrofitting shall be required at all service connections where an actual or potential cross connection exists, and wherever else the city of Brookings deems retrofitting necessary to comply with the OAR, this section and the city’s SOP manual.

H. Irrigation Systems. All irrigation systems shall be protected according to the Uniform Plumbing Code. In the event any system is equipped with an injector system, a reduced pressure principle assembly will be required at the service connection.

I. Thermal Expansion. If a closed system has been created by the installation of a backflow prevention assembly, or other appurtenances, it is the responsibility of the property owner, the occupant, or person in control of the property to eliminate the possibility of damage from thermal expansion in accordance with the plumbing code. The city will notify the premises owner and water user, in writing, of thermal expansion concerns.

J. Mobile Units – Portable Water Trucks. Any mobile unit or apparatus, as defined in subsection (A)(14) of this section, which uses the water from any premises within the city of Brookings water system, shall first obtain a business license from the city of Brookings and be inspected to assure an approved air gap or reduced pressure principle assembly is installed on the unit.

K. Installation Requirements.

1. All backflow prevention assembly installations shall follow the requirements as stipulated by the city of Brookings SOP manual and OAR Chapter 333, Division 061.

2. If the premises isolation assembly is allowed to be installed at an alternate location, the city of Brookings must have access to the assembly. No connections can be made between the meter and the backflow assembly.

3. The type of backflow prevention assembly required shall be commensurate with the degree of hazard that exists and must, at all times, meet the standards of the Oregon Health Authority. All backflow prevention assemblies required under this section shall be of a type and model approved by the OHA.

L. Pressure Loss. Any decrease in water pressure caused by the installation of a backflow assembly shall not be the responsibility of the city of Brookings.

M. Fire Systems. An approved double check detector assembly shall be the minimum protection on all new fire sprinkler systems using piping material that is not approved for potable water use, and/or that does not provide for periodic flow-through. A reduced pressure principle detector assembly must be installed, if any solution other than potable water can be introduced into the sprinkler system.

Retrofitting on fire sprinkler systems will be required in each of the following circumstances:

1. Where improper maintenance has occurred;

2. On all health hazard systems;

3. Wherever required by the OAR.

In the event an assembly is installed on a designated lateral, a detector assembly commensurate with the degree of hazard will be required.

N. Temporary Meters and Hydrant Valves. Backflow protection will be required on all temporary meters and hydrant valves before any use. The type of assembly will be commensurate with the degree of hazard and will be determined on a case-by-case basis by a city of Brookings specialist.

O. Oregon Plumbing Specialty Code. As a condition of water service, customers shall install, maintain, and operate their piping and plumbing systems in accordance with the Uniform Oregon Plumbing Specialty Code, as amended. If there is a conflict between this section and the Code, the Code shall prevail.

P. Right-of-Way Encroachment Permit. All backflow assemblies must be installed in accordance with BMC Title 18, Engineering Requirements and Standard Specifications for Public Works Construction. Applicants proposing to install their backflow device in the city right-of-way must obtain and comply with a “right to use” permit.

Q. Access to Premises. For premises where surveys indicate a possible cross connection, authorized personnel of the city of Brookings, with proper identification and not less than 48 hours’ notice, shall have access during the hours of 8:00 a.m. to 5:00 p.m. to all parts of a premises and within the structure to which water is supplied. However, if any owner, occupant or person in control refuses authorized personnel access to a premises, or to the interior of a structure, during these hours for inspection, a reduced pressure principle assembly must be installed at the service connection to that premises.

R. Annual Testing and Repairs. All backflow prevention assemblies installed within the area(s) receiving water service from the city of Brookings shall be tested immediately upon installation, and at least annually thereafter by an OHA certified backflow assembly tester. All such assemblies found not functioning properly shall be promptly repaired or replaced at the expense of the owner, occupant or person in control of the premises. In the event an assembly is moved, repaired or replaced it must be retested immediately. All repairs on backflow assemblies within the city of Brookings service area must be performed according to all state and county regulations.

S. Responsibilities of Backflow Prevention Assembly Testers.

1. All backflow assembly testers operating within the city of Brookings water system service area shall be certified in accordance with all applicable regulations of the OHA and must abide by the requirements of this section and the city’s SOP manual.

2. Persons certified as backflow assembly testers shall agree to abide by all requirements of the United States Occupational Safety and Health Administration (“OSHA”) and Oregon Occupational Safety and Health Administration (“OR-OSHA”).

3. It is the responsibility of backflow assembly testers to submit records of all backflow assembly test reports to the city of Brookings within 10 days of completing the test.

4. All backflow assembly testers providing service to premises served with city of Brookings water are required to have a current Brookings business license.

T. Costs of Compliance. All costs associated with purchase, installation, surveys, testing, replacement, maintenance, parts and repairs of the backflow prevention assembly, and all costs associated with enforcement of this section are the financial responsibility of the property owner, occupant, or other person in control of the premises.

U. Recovery of Costs. Any water customer violating any of the provisions of this section and who causes damage to or impairs the city of Brookings water system, including, but not limited to, allowing contamination, pollution, any other solution or used water to enter the city of Brookings water system, shall be liable to the city of Brookings for any expense, loss or damage caused by such violation. The city of Brookings shall collect from the violator the cost incurred by the city of Brookings for any cleaning, purifying, repair or replacement work or any other expenses caused by the violation. Refusal to pay the assessed costs shall constitute a violation of this section and shall be resolved by enforcement as provided in BMC 8.15.090, General abatement procedure.

V. Termination of Service.

1. Failure on the part of any owner, occupant or person in control of the premises to install a required assembly, have it tested a minimum of annually and repaired if necessary, and/or to discontinue the use of all cross connections and to physically separate cross connections in accordance with this section is sufficient cause for the discontinuance of public water service to the premises pursuant to OAR 333-061-0070, or as amended. In the case of an extreme emergency or where an immediate threat to life or public health is found to exist, discontinuance or termination of public water service to the premises shall be immediate.

2. In lieu of termination of service, the city of Brookings may, at the property owner’s expense, have installed a reduced pressure assembly at the meter based on the level of risk. Testing, maintenance and repair of the assembly will be the responsibility of the property owner.

W. Falsifying Information. Any person who knowingly makes any false statement, representation, record, report or other document filed or required to be maintained pursuant to this section, or who falsifies, tampers with, or knowingly renders inaccurate any backflow assembly, device or method required under this section shall be subject to civil and/or criminal penalties provided by state law.

X. Constitutionality and Saving Clause. Should any provision, section, sentence, clause or phrase of this section, or the application of same to any person or set of circumstances, are for any reason held to be unconstitutional, void, invalid, or for any reason unenforceable, the validity of the remaining portions of this section, or its application to other persons or circumstances, shall not be affected; thereby, it being the intent of the city of Brookings water system in adopting and approving the ordinance codified in this section that no portion hereof or provision or regulation contained herein shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion, provision, or regulation. [Ord. 13-O-709 § 3.]

13.05.200 Restoration of service.

Restoration of service after discontinuance for nonpayment of bills shall be made after payment of current and past due charges plus a restoration charge established by the city council and posting a deposit as hereinbefore provided. Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse, or for noncompliance with any of the policies, rules, or regulations will only be made after the irregularity has been corrected and the city has been assured that the irregularity will not reoccur. The restoration charge shall be in addition to all other charges due or past due that the city may have incurred to correct the irregularity. [Ord. 88-O-432; Ord. 66-O-190 § 22.]

13.05.210 Unusual demands.

When an abnormally large quantity of water is desired for filling a swimming pool, construction, fire suppression, log pond, or for other purposes, arrangements must be made with the city prior to taking such water. Permission to take water in unusual quantities will be given only if the city facilities and other consumers are not inconvenienced. [Ord. 88-O-432; Ord. 66-O-190 § 23.]

13.05.220 Access to property.

A. All duly appointed employees of the city, under the direction of the city manager, shall have free access at all reasonable hours of the day to any and all parts of structures and premises in which water is or may be delivered or used for the purposes of inspecting connection, the conditions of conduits, appliances and fixtures, and the manner and extent in which the water is being used. The city does not, however, assume the duty of inspecting the customer’s line, plumbing, and equipment, and shall not be responsible therefor.

B. Water Meter Obstruction. Overgrown shrubs, vines, plants or landscape materials shall not obstruct access to water meters for inspection, reading and testing. [Ord. 07-O-590 § 3; Ord. 88-O-432; Ord. 66-O-190 § 24.]

13.05.230 Responsibility for equipment.

A. Responsibility for Customer Equipment. The city shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing, equipment, or appliances, nor shall the city be liable for loss or damage due to interruption of service or temporary changes in pressure. The customer shall be responsible for valves on his premises being turned off when the water service is reconnected and turned on.

B. Responsibility for City Equipment. City equipment on the customer’s premises remains the property of the city and may be repaired, replaced, or removed by the city employees at any time without consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace, or remove city equipment on his premises. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the utility operation and maintenance.

C. Damage to City Equipment. The customer shall be liable for any damage to equipment owned by the city which is caused by an act of the customer, his tenants, agents, employees, contractors, licensees, or permittees. Damage to equipment shall include but not be limited to breaking of seals and locks, tampering with meters, injury to meters, including but not limited to damages by hot water or steam, and damaged meter boxes, curb stops, meter stops, and other service appurtenances. [Ord. 88-O-432; Ord. 66-O-190 § 25.]

13.05.240 Fire hydrants.

A. Operation. No person or persons other than those designated and authorized by the city shall open any fire hydrant belonging to the city, attempt to draw water from it, or in any manner damage or tamper with it. Any violation of this regulation will be prosecuted according to law. No tool other than special hydrant wrenches shall be used to operate a hydrant valve. In cases where a temporary service has been granted and receives water through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.

B. Moving a Fire Hydrant. When a fire hydrant has been installed in the locations specified by the proper authority, the city has fulfilled its obligation. If a property owner or other party desires to change the size, type, or location of the hydrant, he shall bear all costs of such changes. Any change in the location of a fire hydrant must be approved by the city and the fire department. [Ord. 88-O-432; Ord. 66-O-190 § 26.]

13.05.250 Water curtailment.

It is the policy of the city of Brookings to provide clean, healthful, and plentiful water to its residents. To address the impact of a potential water shortage on the city’s residents and the ability of the Chetco River to serve as a viable habitat to important fishery resources, the following rules shall apply:

A. Implementation. In order to limit water withdrawal from the Chetco River to a daily average of 5.1 cfs whenever the three-day average flow of the river is below 80 cfs, and verified using a USGS-approved method, the following guidelines for levels of curtailment may be implemented. The city may implement levels of curtailment at other times as determined necessary.

Grade 1: River flow is below 100 cfs and water withdrawal is above 4.5 cfs.

Grade 2: River flow is below 80 cfs and water withdrawal is above 4.5 cfs.

Grade 3: River flow is below 80 cfs and water withdrawal is above 4.7 cfs.

Grade 4: River flow is below 80 cfs and water withdrawal is above 5.0 cfs.

1. River flows shall be a three-day average using a USGS-approved method of measurement conducted by a trained person and measured at the USGS stream gauge on the Chetco River.

2. Water withdrawal shall be a 24-hour average. Water withdrawal shall be metered and data shall be available to the public.

B. Levels of Water Curtailment.

1. Grade 1: Voluntary Curtailment.

a. Press release shall be sent to local media encouraging water conservation.

2. Grade 2: Limited Water Restrictions. The following activities or actions are restricted or prohibited under a Grade 2 water restriction:

a. Watering, sprinkling or irrigating lawn, grass or turf during the odd days of the month except:

i. New lawn, grass or turf that has been seeded or sodded 90 days prior to declaration of a water shortage may be watered as necessary until established; and

ii. High-use athletic fields that are used for organized play;

b. Watering, sprinkling or irrigating flowers, plants, shrubbery, groundcover, crops, vegetation, or trees except from 6:00 p.m. to 10:00 a.m.;

c. Washing, wetting down, or sweeping with water, sidewalks, walkways, driveways, parking lots, open ground or other hard surfaced areas except:

i. Where there is a demonstrable need in order to meet public health or safety requirements, such as (A) to alleviate immediate fire or sanitation hazards, (B) for dust control to meet air quality requirements mandated by the Oregon Department of Environmental Quality;

ii. Power washing of buildings, roofs and homes prior to painting, repair, remodeling or reconstruction, and not solely for aesthetic purposes;

d. Washing trucks, cars, trailers, tractors or other land vehicles or boats or other water-borne vehicles, except by commercial establishments or fleet washing facilities which recycle or reuse the water in their washing processes, or by bucket and hose with shut-off mechanisms except:

i. Where the health, safety and welfare of the public is contingent upon frequent vehicle cleaning, such as (A) clean garbage trucks, (B) vehicles that transport food and other perishables, or (C) otherwise required by law. Owners/operators of these vehicles are encouraged to utilize establishments which recycle or reuse the water in their washing process;

e. Cleaning, filling or maintaining decorative water features, natural or manmade, including but not limited to: fountains, lakes, ponds and streams, unless the water is recirculated through the decorative water feature. Water features which do not include continuous or constant inflowing water are not included;

f. Wasting water by leaving unattended hoses running;

g. Supplying water for above or in-ground swimming pools; and

h. Other actions deemed necessary by the city manager.

3. Grade 3: Moderate Water Restrictions.

a. Where not otherwise restricted under a Grade 2 water restriction, all Grade 1 water restrictions apply;

b. Watering of any lawn, grass or turf, regardless of age or usage;

c. Watering, sprinkling or irrigating flowers, plants, shrubbery, groundcover, crops, vegetation, or trees;

d. Washing of vehicles other than in establishments which recycle their water; and

e. Power washing of buildings, regardless of purpose.

4. Grade 4: Severe Water Restrictions.

a. Where not otherwise restricted under Grade 3 water restrictions, Grade 1 and 2 water restrictions apply;

b. A maximum daily allotment of water per residential water user set by the city manager;

c. Any restriction, which is identified by the fire chief.

C. Variances. Customers not capable of immediate water restrictions shall submit a written request for a variance. The written request will be granted at the discretion of the city manager. The following information must be provided to the city in requesting a variance:

1. Name and address;

2. Purpose of water use;

3. Specific provision from which the petitioner is requesting relief;

4. Description of the relief desired;

5. Period of time for which the variance is sought;

6. Economic value of the water use;

7. Damage or harm to the petitioners or others if petitioner complies with the water restrictions;

8. Restrictions with which the petitioner can comply;

9. Steps petitioner is taking to achieve full compliance; and

10. Any other pertinent information.

D. Notification. Upon declaration of any grade of water restriction, the city manager or designee shall:

1. Mail the appropriate written notice to each service address inside and outside the city limits declaring the grade of water restriction, findings of fact and conclusions supporting the declaration, and the effective dates of the water restriction;

2. Publish the same notice in at least one local newspaper of general circulation;

3. Notify other area newspapers, radio and television stations by a press release;

4. Post the declaration at City Hall, Library, Post Office, Fire Hall and at least one other place in the city where citizens might be expected to congregate;

5. If available, place a notice on the Fire Department Reader Board;

6. Failure of any water user to receive actual notice of the declaration of a water restriction or emergency or the actions deemed necessary by the city manager or city council to address the water shortage shall not relieve the user of obeying the restrictions.

E. Enforcement.

1. Warning. Each violation shall receive a warning. The letter of warning shall be in writing, shall specify the violation, may require compliance measures, and shall be served upon the resident either personally, by office or substitute service, or by certified or registered mail, return receipt requested.

2. Citation. After the resident has received a warning letter, any subsequent violation shall be treated as a civil violation pursuant to BMC 13.05.270. [Ord. 23-O-811 § 2 (Exh. A); Ord. 16-O-757 § 7; 02-O-553 § 2.]

13.05.260 Suspension of rules.

No employee of the city is authorized to suspend or alter any of the policies, rules, and regulations cited herein without specific approval or direction of the city council, except in cases of emergency involving and imminent threat of the loss of life or property or which would place the water system operation in jeopardy. [Ord. 88-O-432; Ord. 66-O-190 § 27.]

13.05.270 Penalties.

Pursuant to Chapter 1.05 BMC. [Ord. 07-O-590 § 4; Ord. 06-O-572 § 1; Ord. 88-O-432; Ord. 66-O-190 § 28.]