Chapter 13.15 WATER

(1) Except as otherwise provided herein, no private or nonpublic water source shall be permitted to supply water for domestic use and human consumption within the corporate limits of the city of Hubbard.

(2) Unless the city council declares by resolution that circumstances exist which are detrimental to the public health, safety, and welfare, the private water system now serving Hoodview Estates and other private wells established prior to 1980 which have continuously served residences and businesses may continue that use but may not be expanded to supply or furnish water in any way to other premises or to other persons in premises not currently supplied by said system.

(3) Private wells may be permitted to supply water for irrigation use only; provided, that said wells are registered with the public works superintendent and are in compliance with the city of Hubbard water protection plan.

(4) No owner of real property upon which a well is located shall permit any existing well or any fixture thereto to be connected in any manner to city water lines and pipes or to be located in such a manner as to permit well water to enter the city water system. The city may require, in the absolute discretion of the public works superintendent, the installation by the owner of an anti-siphon device to prevent such contamination. (Ord. 263-2003, 2003; Ord. 138-89 § 2, 1989)

13.15.020 Connection required.

Except as provided in HMC 13.15.010, the owner or owners of real property within the corporate limits of the city of Hubbard, which property is used by human beings for residential, educational, religious, business, industrial, and other purposes, will cause the property to be connected to the public water system of the city of Hubbard at the expense of the owner or owners of said property in the manner as provided herein. (Ord. 263-2003, 2003; Ord. 138-89 § 3, 1989)

13.15.030 Owner of premises obligated.

No premises shall be connected by any person to the city of Hubbard water system unless the person desiring the connection has made application therefor to the city administrator or designee’s office on printed forms furnished by the city administrator or designee’s office and has paid the required fees therefor. If the person in possession of said property is other than the owner of said property, the owner of the property shall join with the applicant in signing the application for connection to the city water system. A connection and inspection fee approved by the city shall be paid in full at the time of the filing of the application. (Ord. 138-89 § 4, 1989)

13.15.040 Application for connection required.

When a connection permit for a new water service has been granted and the installation and inspection charges paid, the city, as a part of such charge, will supply and install the meter and all materials to complete up to 10 feet of the service from the main to or toward the private property line. The costs of installation and materials to provide a service beyond the property line or in excess of 10 feet from the main, whichever is less, the cost of the extension of mains, and the cost of crossing and repairing of streets, curbs or sidewalks will be the expense of the owner or occupant and will be in addition to the installation and inspection charges. Such costs may, at the discretion of the city, be assessed to the property benefited and become a lien upon such real property. (Ord. 138-89 § 5, 1989)

13.15.050 Responsibility for connection and maintenance.

Upon completion of the installation of the meter and materials necessary to bring the water service from the main to a point which is not more than 10 feet from the main or to the private property line, if the private property line is less than 10 feet from the main, and upon application for and issuance of a city permit authorizing the use of the city water facilities as provided herein, the owner or occupant of the property may proceed to connect the city water service to the improvement located upon the property. Such connection shall be accomplished in accordance with the standards and specifications approved by the city, at the expense of the owner or occupant. Thereafter, such lines shall be maintained in accordance with standards and specifications approved by the city. The city shall, at all times, assume the responsibility of maintenance of the meter and of the line from the meter to the main. The owner or occupant shall be responsible to maintain such line from the meter to the improvement. (Ord. 138-89 § 6, 1989)

13.15.060 Signature deemed authentic.

The application for use of city water shall be, in all cases, signed by one or all of the owners of the premises to be served. A signature, purporting to be the signature of the owner of the premises, shall be presumed to be the signature of the owner or his authorized agent and shall indisputably cause the owner of the premises to be served, to be personally liable for all claims of the city on account of use and supply of water by the city to such premises, and shall authorize the city, without further notice to the owner, to terminate water services for failure to pay such claims and to refuse to provide further services until past claims have been paid in full. The city shall have no obligation to determine the authenticity of any signature. (Ord. 138-89 § 7, 1989)

13.15.070 Notice of voluntary termination of service.

Notice to the city of the desire of any person to have the water turned off or on at any premises shall be given to the city administrator or designee at least 24 hours before the water is to be turned on or off. In no event shall any person, other than duly authorized employees of the city, turn on the supply of city water after the same has been shut off by the city on account of discontinuance of service or for any reason whatsoever. (Ord. 138-89 § 8, 1989)

13.15.080 Sharing of water prohibited.

No person supplied with water from the city mains shall supply or furnish water in any way to other premises or to other persons who are not occupants of the subject premises without a permit from the city. (Ord. 138-89 § 9, 1989)

13.15.090 Subdivision of property.

Any person subdividing property within the city limits shall submit to the city three sets of detailed water service plans which conform to the rules and regulations of the Oregon State Department of Environmental Quality, one of which, when approved by the public works superintendent, will be returned. The individual meter installation shall be in accordance with this chapter. The entire cost of providing water service in excess of that covered by the individual meter installation charges as set forth herein will be at the expense of the subdivider. The complete installation of such service shall be inspected and approved by the public works superintendent. (Ord. 138-89 § 10, 1989)

13.15.100 Interruption of service for repairs.

The water may, without notice, at any time be shut off from city mains for repairs or other necessary purposes, and neither the city nor its employees shall be liable for any damages resulting therefrom. Water for steam boilers for power purposes will not be furnished by direct pressure from the mains. Tanks for holding an ample reservoir of water shall always be provided by the owners of the boilers. (Ord. 138-89 § 11, 1989)

13.15.110 Size of lateral lines.

The standard service tap and pipe, from main to property line, shall be three-quarter-inch. Larger services will be of such size as the city may consider proper for the supply of water needed. (Ord. 138-89 § 12, 1989)

13.15.120 Size of mains.

All water main extension lines shall be not less than six inches in diameter and shall be made only with pipe approved by the city. (Ord. 138-89 § 13, 1989)

13.15.130 Connection by noncity personnel prohibited.

No person, other than an employee of the city, will be allowed to tap the city main or to make alterations in any conduit, pipe or other fixtures connecting therewith between the main and the property lines. (Ord. 138-89 § 14, 1989)

13.15.140 Inspection of water pipes and fixtures.

(1) As a condition to providing water services to any property, during reasonable hours agents of the city must be provided free access to all parts of the building or premises to which water is delivered from the city mains for the purpose of inspecting the pipes and fixtures.

(2) In no event shall any person, other than authorized employees of the city, turn the supply of city water to a property on or off for any reason with the exception of a major leak in or on the property of which has the potential to cause significant damage. If the meter, or related equipment, is damaged due to the actions of anyone other than authorized employees of the city, the costs to repair or replace the equipment will be the responsibility of the property owner. (Ord. 336-2013 § 2; Ord. 138-89 § 15, 1989)

13.15.150 Collection and disposition of fees.

The city shall collect water system fees and charges established by the council pursuant to the provisions of Chapter 13.09 HMC. All revenues resulting from the rates and charges specified in HMC 13.15.170 shall be paid into a fund designated as the “water utility fund” and shall be used for the construction, addition, improvement, financing, operation and maintenance of the water system of the city. (Ord. 281-2005 § 3; Ord. 243-2001; Ord. 197-95 § 1, 1995; Ord. 138-89 § 16, 1989)

13.15.160 Meter error.

Whenever a meter is determined by the city to have failed to register accurately, the charge shall be calculated according to the average quantity used in the same months of the preceding year as shown by the meter when in order. (Ord. 138-89 § 17, 1989)

13.15.170 Rates and fees.

There is hereby levied and imposed upon all users of the city water system, whether such use occurs inside or outside of the Hubbard city limits, deposits, charges for the service, maintenance, operation, extension, expansion, and reconstruction of the water system. The deposits, rates and charges are fixed at such amounts as will assure financial self-sufficiency of the water system and will, thereafter, be reviewed annually and amended by resolution as necessary by the city council. (Ord. 246-2001 §§ 1, 2; Ord. 138-89 § 18, 1989)

13.15.180 Basis for rates and fees.

The basis for installation charges, inspection charges, and monthly user fees shall be for each unit to be served. (Ord. 138-89 § 19, 1989)

13.15.190 Multiple dwellings, duplexes and townhouses.

Each residential unit in a duplex dwelling and a townhouse shall be separately metered. Water service for multifamily dwellings may be provided through a master meter with the approval of the public works superintendent; provided, that the property owner or manager is the water customer for application and billing purposes. Each dwelling unit in multiple-unit buildings will be charged and pay a separate monthly minimum user fee. (Ord. 263-2003, 2003; Ord. 138-89 § 20, 1989)

13.15.200 Definitions.

The term “unit” is defined to include either:

(1) A “dwelling unit,” which shall mean any building or part of any building to which water service is provided which is intended for either temporary or permanent use as a separate residence for one or more persons.

(2) A “commercial unit” or “industrial unit,” which shall mean any building or part of any building to which water service is provided which is intended for industrial or commercial use. (Ord. 138-89 § 21, 1989)

13.15.210 Special charges.

Where water is furnished for any specific purpose that is not metered and that is not otherwise specified herein, such charge shall be made by the city as it may deem just and reasonable under the circumstances. (Ord. 138-89 § 22, 1989)

13.15.220 New service beyond city limits prohibited.

The city of Hubbard hereafter shall not extend new water service outside the city limits of the city of Hubbard. Water service presently being furnished to properties outside of the city limits shall be subject to all provisions of this chapter. Water service outside of the city, which at any time shall not be used continuously for six months or more, shall be deemed abandoned and, thereafter, shall not be reinstated. (Ord. 138-89 § 23, 1989)

13.15.230 Interruptions of service.

The city of Hubbard shall under no circumstances be liable for any interruptions of water service or depletion or contamination of the city’s water source or water supply and neither the city nor its officers or agents shall be liable for any injuries to persons, or damages to property arising out of or caused by the city’s water or water service or by the failure or refusal to furnish water to any applicant. (Ord. 138-89 § 24, 1989)

13.15.240 Violation – Penalty.

(1) Any person found to be violating any of the provisions of this chapter shall be served by the city of Hubbard with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violations. Notice shall be in written form, personally delivered, or mailed and accepted, certified, return receipt requested, by the person to be charged. The person to be charged or notified may be the owner or occupant of the premises.

(2) Any person who shall continue any violation beyond the time limit stated in such notice shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in an amount not exceeding $500.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.

(3) Any person violating any of the provisions of this chapter shall become liable to the city of Hubbard for any expenses, loss or damage occasioned by the city by reason of such violation. (Ord. 138-89 § 25, 1989)