Chapter 13.15


13.15.010    Rules and regulations.

13.15.020    Definitions of general terms.

13.15.030    Service area.

13.15.040    Description of service.

13.15.050    Application for service.

13.15.060    Main extension.

13.15.070    Services.

13.15.080    Meters.

13.15.090    Water rates.

13.15.100    Notices.

13.15.110    Billing and payment.

13.15.120    Meter error.

13.15.130    Discontinuance of service.

13.15.140    Restoration of service.

13.15.150    Unusual demands.

13.15.160    Access to property.

13.15.170    Responsibility for equipment.

13.15.180    Fire hydrants.

13.15.190    Underground utilities.

13.15.200    Tampering with water system.

13.15.210    Penalties.

13.15.220    Amendments.

13.15.230    Prohibiting any free service.

13.15.010 Rules and regulations.

(1) This chapter shall be known as “rules and regulations for the operation of the water department of the city of Burns.”

(2) The water department and all customers receiving service from the water department, whether inside or outside the city limits, are bound by these rules and regulations for the operation of the water department of the city. [Ord. 651 § 1, 1987]

13.15.020 Definitions of general terms.

As used in this chapter, the following mean:

(1) Applicant: The person or persons, firm or corporation making application for water service from the water department under the terms of these rules and regulations.

(2) City: The legally constituted municipal government of the city of Burns.

(3) Coliform: A bacteriological organism whose count is used to determine the presence of pollution in water.

(4) Council: The governing body of the city.

(5) Customer: An applicant who has been accepted under the terms of these rules and regulations and who receives water service from the water department.

(6) Customer service line: That part of the piping on the customer’s property that connects the service connection to the customer’s distribution system.

(7) Rules and regulations: The rules and regulations for the operation of the water department.

(8) Service connection: That part of the water distribution system that connects the meter to the main and normally consists of corporation stop, service pipe, curb stop and box, meter, meter yoke, and meter box.

(9) Superintendent: The person appointed by the city manager to manage the affairs of the water department.

(10) Water: Potable drinking water.

(11) Water department: The water department of the city. [Ord. 651 § 2, 1987]

13.15.030 Service area.

The area served by the water department shall be that area included within the corporate limits of the city and such other contiguous or neighboring territory as the council shall, from time to time, determine to serve. [Ord. 651 § 3, 1987]

13.15.040 Description of service.

(1) Supply.

(a) The water department will exercise reasonable diligence and care to deliver a continuous and sufficient supply of water to the customer at a proper pressure and to avoid any shortage or interruption in delivery.

(b) Temporary suspension of service by the water department for improvements and repairs will be necessary occasionally. Whenever possible, and when time permits, all customers affected shall be notified prior to shut-downs. The city shall not be liable for damage resulting from the interruption in service or from lack of service.

(2) Quality. The water department shall exercise reasonable diligence to supply safe and potable water at all times, shall submit samples for bacteriological testing as required by the Oregon State Health Division, and shall otherwise meet requirements of the Division.

(3) Ownership of System. All water mains, valves, fittings, hydrants, service connections, and other appurtenances, except customer service lines, are the property of the water department.

(4) Special Contracts. When the applicant’s requirements for water are unusual or large, or necessitate considerable special or reserve equipment or capacity, the water department reserves the right to make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates, and rules and regulations. These special contracts shall be in writing and signed by the applicant and the superintendent. The superintendent shall not sign a special contract until specific approval of the contract has been obtained from the council.

(5) Resale of Water. Resale of water shall only be permitted under special contract.

(6) Service Preference. In case of shortage of supply, the water department reserves the right to give preference in the matter of furnishing service to customers from the standpoint of public convenience or necessity. Water service to users outside the city limits shall, at all times, be subject to the prior and superior rights of the customers within the city. [Ord. 651 § 4, 1987]

13.15.050 Application for service.

(1) Application Form. Each applicant for water service shall sign an application form provided by the water department. There shall be only one applicant per meter connection. Each applicant shall give the date of application, location of premises, whether they have been served before, the date on which the applicant desires to have service begin, purpose for which service is to be used, the address for mailing or delivery of bills, the applicant’s address, the class and size of service, and such other information as the water department may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the water department. The application is merely a written request for service and does not bind the water department to serve.

(2) Deposits.

(a) At the time application for service is made, the applicant shall pay a deposit as specified in the resolution. At the time the deposit is given to the water department, the applicant shall be given a receipt for the deposit. The deposit is not to be considered as a payment on account. The deposit will be returned to the customer after one year of service or when service is discontinued; provided, that all outstanding or past due bills have been paid.

(b) 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 shall not be restored to that customer at the same or different premises until all outstanding bills due the water department have been paid and the cash deposit replaced.

(3) Application of Amendments. Customers desiring a material change in the size, character, or extent of equipment or operation that would result in a material change in the amount of water used shall give the water department written notice of such change prior to the change, and the application for service shall be amended. Customers desiring a change in the size, location, or number of services shall fill out an amended application. [Ord. 10-809, 2010]

13.15.060 Main extension.

(1) Within the City Limits.

(a) Water main extension to areas within the city limits not presently served with water from adequately sized mains of six inches or larger shall be installed by the water department or by contractors approved by the water department. The cost of such extensions shall be borne by the adjacent properties along which the extensions are made on a front-foot basis, except that the adjacent properties shall not be assessed in excess of the cost of installing a six-inch main, including all fittings and valves.

(b) If a water main is laid to serve property that has paid for a water service connection from another street, the water department shall install a new service connection of like size to the property line or parking strip without charge to the owner; provided, that the property is assessed for the new water main.

(2) Outside the City Limits. Water mains outside the city limits shall be extended only at the expense of the customers served. The water department shall determine the size of the main extension. Extensions outside the city limits shall be installed by the water department or by contractors approved by the water department. The installation procedures and materials used shall be in accordance with the water department’s standards. The main extensions shall become the property of the water department at the time water from the city water system is turned into the main extension. If necessary, prior approval of Harney County must be obtained by the petitioning party.

(3) Locations of Extensions. The water department will make water main extensions only on public rights-of-way, easements, or publicly owned property. The council has final authority on granting connections outside of the city limits. Easements or permits secured for main extensions shall either be obtained in the name of the city or transferred to the city, along with all rights and title to the main prior to the time service is provided to the customers paying for the extension. [Ord. 651 § 6, 1987]

13.15.070 Services.

(1) Water Connections.

(a) All applicants shall be responsible for furnishing all materials, labor, equipment and excavation, except as noted below.

(b) The city shall furnish all 5/8-inch meters, meter boxes, and cast iron meter lids. For meters larger than 5/8-inch, the applicant shall bear the cost of such meter, box and lid.

(c) All pavement replacements shall be the responsibility of the applicant.

(d) All workmanship and materials shall strictly conform to the city’s standard specifications for such work.

(e) The city shall be responsible for tapping all water mains.

(f) The city public works director, or his representative, shall inspect and have final approval of said work.

(g) Water connection fees shall be as established by resolution of the common council.

(2) Sewer Connections.

(a) All applicants shall be responsible for furnishing all labor, materials, equipment and excavation necessary to make said sewer connection.

(b) All pavement replacements shall be the responsibility of the applicant.

(c) All workmanship and materials shall strictly conform to the city’s standard specifications for such work.

(d) The city public works director, or his representative, shall inspect and have final approval of said work.

(e) Sewer connection fees shall be as established by resolution of the common council.

(3) Service Connection. A service connection charge shall be charged to any applicant who files for service where no service previously existed, or who files for a change in service size or location. The applicant shall submit with the application the minimum service connection charge. The charge is to cover the actual cost to the water department to install the service from the main to and including the meter and the meter housing. In addition to the cost of the installation, the service connection charge may include a system improvement fee. The amount of the service connection charge shall be set by council resolution.

(4) Size of Service. The water department shall furnish and install a service of a size and at a location that the applicant requests; provided, that the request is reasonable and that the size requested is one that is listed by the water department. The minimum size of service pipe shall be 5/8-inch. The water department may refuse to install a service line that is undersized or oversized, as determined by a study and report of the superintendent to the council.

(5) 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 water department for making the change.

(6) Length of Service.

(a) Where the main is in a public right-of-way, the meter shall be placed at the right-of-way line nearest the property to be served for the standard connection fee; provided, that the length of service does not exceed the width of the right-of-way.

(b) Where the main is on an easement or publicly owned property other than designated public rights-of-way, the service shall be installed to the boundary of the easement of public property by the water department; provided, that the length of service does not exceed 30 feet.

(c) If, in either case cited above, the length of service line to the meter location exceeds the maximum distance stated, the applicant shall pay the extra cost of the line on the basis of actual cost to the water department for labor, materials, and equipment rental, plus 20 percent of the total.

(7) Joint Service Connections. The water department may, at its option, serve two or more premises with one service connection, but shall not allow more than one applicant for service to be connected to the same meter. The inside diameter of joint service lines shall be sufficient to provide a carrying capacity not less than the combined capacity of the individual service lines of the same size as the meters installed. Service extensions from an existing service to occupancies or ownerships other than those for which the existing service was intended shall not be permitted.

(8) Number of Service Connections on Premises. The owner of a single parcel of property may apply for and receive as many services as the owner and tenants require; provided, that the application or applications meet the requirements of the rules and regulations.

(9) Standby Fire Protection Service Connections.

(a) Purpose. Standby fire protection service connections of two-inch size and larger shall be installed only if adequate provisions are made to prevent the use of water from the services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water-operated alarms shall be considered to have such provisions. The water department 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 city.

(b) Charges for Service. Charges for standby fire protection service shall be as established by council resolution. No charge will be made for water used in the standby fire protection services to extinguish accidental fires or for routine testing of the fire protection system. The customer shall pay the full cost of the standby fire protection service connection, any required detector-check meters, and any required special water meter or other device installed solely for the service to the standby connection.

(c) Violation of Regulations. If water is used from a standby connection service in violation of these regulations, an estimate of the amount used shall be computed by the water department. 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.

(10) 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 an ordinary service and shall be metered. All water used through that service, regardless of its use, shall be charged at the regular rates.

(11) Temporary Service Connections. For water service of a temporary nature, applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material owned and furnished by the water department. The applicant shall pay the water bill in advance, based on an estimate of the quantity to be used.

(a) 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 water department.

(b) Charge for Water Served. Charges for water furnished through a temporary service connection shall be at the established monthly rates for regular users set forth in the current water rate resolution.

(c) Installation Charge and Deposits. The applicant for temporary service shall:

(i) Pay the water department, in advance, the estimated cost of installing and removing all facilities necessary to furnish each service.

(ii) Deposit an amount sufficient to cover bills for water during the entire period such temporary service may be used.

(iii) Deposit with the water department an amount equal to the value of any equipment loaned by the water department to the applicant for use on temporary service. This deposit is refundable under the terms of subsection (11)(d) of this section.

(d) 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 water department. 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 shall be returned to the temporary customer at the termination of service.

(12) Customers’ Plumbing.

(a) 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 potable water, sewage, or drainage, shall comply with the state plumbing code. No connection shall be made, nor shall water service be maintained to any property in which the plumbing does not comply with the provisions of the state plumbing code and applicable state and federal regulations.

(b) Control Valves. Customers shall install a suitable gate and check valve in the customer service line as close to the meter as possible, the operation of which shall control the entire water supply to the premises served and to prevent the backflow of water into the city mains. The customer shall install such additional pressure-reducing valves, pressure relief valves, check valves, pop-off valves, or other control valves, as the customer may desire or the water department may consider necessary to protect the customer’s piping from abnormal high or low pressures or from interruptions of service. Repair and replacement of the control valves shall be the responsibility of the customer. A customer shall not operate or cause unauthorized operation of the meter stop or any other appurtenances on the service connection.

(c) Pumps. Where pumping is required to serve a customer at too high an elevation to be served by gravity, the water department may, at its option, require the customer to provide a suitable pump as a condition of service. The installation shall be subject to approval by the superintendent. [Ord. 651 § 7, 1987]

13.15.080 Meters.

(1) Ownership. The water department shall own and maintain all five-eighths-inch water meters. The water department shall not pay rent or any other charge for a meter or other water facilities, including housing and connections, located on a customer’s premises.

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

(3) Size and Type of Meter. An applicant may request and receive a five-eighths-inch meter regularly stocked or furnished by the water department.

(4) Location of Meters. Meters shall normally be placed at the property lines closest to the water main; the meter may be installed wherever the applicant desires, within reason, but the location must be approved by the water department. A meter shall not be located in a driveway or other location where damage to the meter or its related parts may occur.

(5) Joint Use of Meters. The joining of several customers to take advantage of the single minimum charges or large quantity rates is prohibited, except under special contract. Where multiple users are receiving water from a single meter, the applicant for service shall be considered the customer and shall be responsible for all charges.

(6) Changes in Size or Location. If, for any reason, a change in size of a meter and service is required, the installation shall be accomplished on the basis of a new connection, and the customer’s application shall be amended. Meters or services moved for the convenience of the customer shall be relocated only at the customer’s expense. [Ord. 651 § 8, 1987]

13.15.090 Water rates.

The water rates to be charged, including base rate charges, charges for water used over the specified minimum, fire hydrant rates, and service connection charges, shall be published in a separate water rate schedule adopted by council resolution. All water used, with the exception of that used for fighting fires, shall be metered and a charge made according to the schedule of water rates. [Ord. 651 § 9, 1987]

13.15.100 Notices.

(1) Notices to Customers. Notices from the water department to the customer shall normally be given in writing and either mailed or delivered to the customer’s last known address. Where conditions warrant, and in emergencies, the water department may notify by telephone or messenger.

(2) Notices from Customers. Notices from customers to the water department may be given by the customer or authorized representative orally or in writing at the office of the water department, or to an agent of the water department duly authorized to receive notices or complaints. [Ord. 651 § 10, 1987]

13.15.110 Billing and payment.

(1) Meter Readings. Meters shall be read and customers billed on the basis of the meter reading, according to the rate structure established by council resolution. The water department shall keep an accurate account on its books of all readings of meters, and the 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.

(2) Flat Rates. Where meters have not been installed, the customer shall be billed on the basis of the average monthly charge for the size and class of service supplied to the customer.

(3) Rendering of Bills.

(a) Billing Period. Meters shall be read and bills rendered bimonthly.

(b) 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.

(c) Bills for More Than One Meter. All meters supplying a customer’s premises shall be billed separately; except that where the water department has, for operating purposes, installed two or more meters in place of one, the readings may be combined for billing.

(4) Disputed Bills. A customer who disputes the correctness of a bill 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 the deposit shall warrant discontinuance of service as provided under this section.

(5) Failure to Read Meters. In the event that it is 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 the period shall be estimated.

(6) Payment of Bills.

(a) 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 clerk, in writing, that specify another due date.

(b) Penalty Fees for Late Payments. Bills not paid on which $5.00 or more is owed by the due date shall be assessed a penalty of not less than $2.50.

(c) Billing and Late Charges. Customers may be billed on one statement containing both water and sewer service charges, with late charges on either or both. Late water and sewer charges may be lumped together and shown as a single item.

(7) Delinquent Accounts.

(a) If a bill is not paid by the due date designated on the bill, a delinquent notice shall be mailed to the customer. If the bill is not paid in full within 30 days of the mailing of a delinquent notice, water service may be discontinued.

(b) Customers shall be notified of and have the opportunity to be heard by a city official or employee empowered to resolve any valid objections to the billing prior to the disconnection.

(c) Service Turnoff. On the turnoff date, an agent of the water department 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 agent of the water department shall immediately thereafter turn off the service. A delivery to any person residing at the address served by the meter shall be considered a delivery to the customer. If there is no person present at the address served, then the notice may be left on the premises stating that water service will be discontinued on the following morning. The agent shall return to the premises the following morning, shut off the water service, and leave a notice that the water service has been turned off until all delinquent accounts have been paid.

(d) Installment Payments of Delinquent Accounts. In cases of extreme hardship, the city clerk 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.

(e) Lien against Real Property. If any water bill or charge provided for by these rules and regulations is not paid within 30 days after the water bill or charge becomes due, the city clerk shall notify either the legal or equitable owner of the real property where the water was used or charge incurred, by certified or registered mail, the amount of the water bill or charge, the description of the real property involved, and a statement that if the water bill or charge is not paid within 15 days from the date the notice is mailed, the real property involved will be subject to a lien in the amount of the delinquent water bill or charge. If payment is not made within the 15-day period, the city clerk shall enter in the lien docket of the city a lien against the real property. The city may proceed to foreclose the lien in the manner provided by law for the collection of liens on real property.

(f) In the event of water service disconnection, or service turnoff as provided in subsection (7)(c) of this section, in addition to other fees and charges, all customers shall pay the sum of $10.00 as a reconnect fee, which shall be paid prior to re-establishment of water service to the customer and property. [Ord. 685 § 1, 1992; Ord. 683 §§ 3, 4, 1992; Ord. 651 § 11, 1987]

13.15.120 Meter error.

(1) Meter Accuracy. All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service that is known to have an error in registration in excess of three percent under conditions of normal operation.

(2) Meter Test.

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

(b) On Customer Request. A customer may, giving not less than seven days’ notice, request the water department to test the meter serving his premises. The water department will require the customer to deposit the testing fee as established by council resolution. The deposit will be returned to the customer if the test reveals the meter to over-register more than three percent under conditions of normal operation. If the meter is operating satisfactorily, or if the meter under-registers more than three percent under the standard test conditions, the deposit shall be forfeited to the water department. Customers may, at their option, witness any meter tests that they request.

(c) On Water Department Request. If, upon comparison with past water usage, it appears that a meter is not registering properly, the water department 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.

(3) Adjustment of Bills for Meter Error.

(a) Fast Meters. When, upon test, a meter is found to be over-registering more than three percent under normal operating conditions, the water department will refund to the customer the full amount of the overcharge, based on corrected meter readings, not exceeding two regular billing periods that the meter was in use.

(b) Slow Meters. When, upon test, a meter is found to be under-registering more than three percent, the water department may bill the customer for the amount of the undercharge, based upon corrected meter readings, not exceeding two regular billing periods that the meter was in use.

(c) Nonregistering Meters. The water department will bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based on the customer’s prior use during the same season of the previous year, or on 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, or both. [Ord. 651 § 12, 1987]

13.15.130 Discontinuance of service.

(1) On Customer Request. Each customer about to vacate any premises supplied with water service by the water department shall give the water department a request to discontinue service prior to the specific date service is to be discontinued. The customer is responsible for all water supplied to the premises until water service is actually discontinued by the city or two days after the city receives notice, whichever occurs first.

(2) Nonpayment of Bills. A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures listed in these rules and regulations.

(3) Improper Customer Facilities.

(a) Unsafe Facilities. The water department may refuse to furnish water and may discontinue service to any premises without prior notice where plumbing facilities, appliances, or equipment using water are dangerous, unsafe, or not in conformity with the state plumbing code.

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

(5) Service Detrimental to Others. The water department may refuse to furnish water and may discontinue service to any premises where excessive demand by one customer will result in inadequate service to others.

(6) Fraud or Abuse. The water department will refuse or discontinue service to any premises where it is considered necessary to protect the water department from fraud or abuse. Discontinuance of service for one or both of these causes will be made immediately upon receipt of knowledge by the water department that the condition or conditions exist.

(7) Unauthorized Turnon. 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 water department, plus 15 percent overhead, but not less than $10.00. These charges shall be billed to the offending customer, and water shall not be furnished to the premises until the charges are paid and the water department has reasonable assurance that the violation will not recur.

(8) Noncompliance with Rules and Regulations. The water department may, upon five days’ notice, discontinue service to a customer’s premises for failure to comply with any of the provisions of these rules and regulations. This subsection does not prevent immediate continuance when authorized by this chapter. [Ord. 713, 1996; Ord. 651 § 13, 1987]

13.15.140 Restoration of service.

(1) Restoration of service after discontinuance for nonpayment of bills shall be made after payment of current and past due charges, plus any restoration charge that may be provided by council resolution, and posting a deposit as provided by this chapter.

(2) Restoration of service after discontinuance of service for the customer’s convenience, or for unsafe facilities, water waste, fraud, abuse, or for noncompliance with any of the rules and regulations, shall only be made after adjustments have been made to ensure that the irregularity will not recur. The restoration charge shall be as provided by council resolution, plus any other charges, due or past due, that the water department may have incurred to correct the irregularity. [Ord. 651 § 14, 1987]

13.15.150 Unusual demands.

(1) When an abnormally large quantity of water is desired for filling a swimming pool, log pond, or for other purposes, arrangements must be made with the water department prior to taking the water.

(2) Permission to take water in unusual quantities will be given only if the water department facilities and other consumers are not inconvenienced. [Ord. 651 § 15, 1987]

13.15.160 Access to property.

The duly appointed employees of the water department, under the direction of the superintendent, 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 for the purpose of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used. The water department does not, however, assume the duty of inspecting the customer’s line, plumbing, and equipment, and shall not be responsible therefor. [Ord. 651 § 16, 1987]

13.15.170 Responsibility for equipment.

(1) Responsibility for Customer Equipment. The water department shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing, or equipment, nor shall the water department be liable for loss or damage due to interruption of service or temporary changes in pressure. The customer shall be responsible for values on the premises being turned off when the water service is turned on.

(2) Responsibility for Water Department Equipment. Water department equipment on the customer’s premises remains the property of the water department and may be repaired, replaced, or removed by the water department 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 water department equipment on the premises. The property owner and tenant shall exercise reasonable care to prevent damage to equipment and shall not interfere with its operation. The property owner and tenant must keep vicious dogs or other animals secure or confined to avoid interference with the utility operation and maintenance.

(3) The water department may, at its option, install pressure-reducing valves at the expense of the water department, and for the purpose of reducing pressures from the distribution mains only in order to protect the water department’s meter. The installation of a pressure-reducing valve is not designed nor intended to protect any property beyond the meter to the customer’s lines. If any property of the customer, after water passes through the meter, is subject to damage by reason of water pressure or changes therein, the loss or damage that may result to the customer’s property will be at the sole and exclusive expense of the customer and shall not be a responsibility of the water department. Failure of water department control valves or devices will not in any way indicate negligence by the water department or responsibility for damage caused thereby.

(4) Damage to Water Department Equipment. The customer shall be liable for any damage to equipment owned by the water department that is caused by an act of the customer, the customer’s 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 damage by hot water or steam; and damaged meter boxes, curb stops, meter stops, and other service appurtenances.

(5) Damage to Mains, Valves, and Appurtenances by Others. When underground mains, valves, and other city water department equipment is damaged by a contractor or private individual, the entire cost of repairs shall be borne by that contractor or individual.

(6) The water department shall be notified before excavation by others on city rights-of-way and easements, so location of water pipes and other buried utilities can be established by the city at no cost to the requesting party. Location of utilities will be made according to the best available maps and plans, but in no way relieve a contractor or individual from responsibility for damage. [Ord. 651 § 17, 1987]

13.15.180 Fire hydrants.

(1) Operation. No person or persons other than those designated and authorized by the water department shall open any fire hydrant or standpipe belonging to the water department, attempt to draw water from it, or in any manner damage or tamper with it. 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 water is received through a fire hydrant, an auxiliary external valve will be provided to control the flow of water.

(2) Moving a Fire Hydrant. When a fire hydrant has been installed in the location specified by the proper authority, the water department has fulfilled its obligation. A property owner or other party who desires to change the size, type, or location of the hydrant shall bear all costs of the changes. Any change in the location of the fire hydrant must be approved by the water department. [Ord. 651 § 18, 1987]

13.15.190 Underground utilities.

(1) Location of Utilities. Location of underground utilities installed by electric, telephone, television, and other companies on city streets, alleys, and public rights-of-way within the city shall be recorded on an approved plat plan, showing the location of the utilities from property lines. When additions or deletions of the utilities are made, it shall be the responsibility of the company to update the plat plan. One copy of the plan shall be furnished to the city public works department at no charge, and one copy retained by the company.

(2) Materials. All wires shall be enclosed in a watertight, nonmetallic conduit, buried to a depth of no less than 24 inches from the surface. The conduit shall lie on a six-inch sand base with a sand cover of approximately eight inches. Conduits allowed to be laid in the same trench as water or sewer pipes shall be laid on one extreme bank side, as approved by the city and in accordance with Oregon Health Division standards. [Ord. 651 § 19, 1987]

13.15.200 Tampering with water system.

No person or persons other than those designated and authorized by the water department shall operate, adjust, or in any manner tamper with any part of the water system of the city. [Ord. 651 § 20, 1987]

13.15.210 Penalties.

A violation of any provision of this chapter is punishable by a fine not to exceed $500.00. [Ord. 651 § 21, 1987]

13.15.220 Amendments.

(1) Common Council. The common council shall have the power to establish water rates and charges and amend these rules and regulations as may be necessary for the efficient operation of the water department.

(2) Suspension of Rules. No employee of the water department is authorized to suspend or alter any of the rules and regulations cited herein without specific approval or direction of the council, except in cases of emergency involving loss of life or property or which would place the water system operation in jeopardy. [Ord. 651 § 22, 1987]

13.15.230 Prohibiting any free service.

Except for service to the city, the water department shall not furnish any water or perform any service to any individual, firm, corporation, association, or institution free of charge or at a reduced rate or for any other consideration than the regular established rate or charges levied through a contractual agreement approved by the council. [Ord. 651 § 23, 1987]