Chapter 13.12
WATER AND SEWER SYSTEM RATES AND CHARGES

Sections:

13.12.010    Sewage disposal system – City intent to provide and operate.

13.12.020    Water supply system – City intent to provide and operate.

13.12.030    Sewer system connection.

13.12.040    Water system connections.

13.12.050    Water service extensions, connections and equipment – Installation and maintenance responsibility.

13.12.055    Repealed.

13.12.060    Sewer user rates and charges.

13.12.080    Water user rates and charges.

13.12.090    Sewer and/or water – Application for service.

13.12.100    Billing – Disconnection for nonpayment – Reconnection fees.

13.12.110    Responsibility for payment of bills.

13.12.120    Requiring deposits.

13.12.130    Liens and other collection enforcement procedures.

13.12.140    Payment delinquency – Refusal of service request.

13.12.150    Abandoned and non-revenue-producing services.

13.12.160    Sewer availability – Connection required.

13.12.165    Improper discharge prohibited.

13.12.170    Failure to connect – Penalty – Alternative remedies.

13.12.180    Collection of rates and charges.

13.12.190    Wastewater treatment plant capital fund.

13.12.200    Water plant capital fund.

13.12.210    City liability.

13.12.010 Sewage disposal system – City intent to provide and operate.

Pursuant to the powers granted by the Charter of the city and the general laws of the state, the common council of the city declares its intention to provide, own, construct, equip, operate and maintain, within or without the city limits, a sewage disposal plant or plants, sewers, equipment and appurtenances necessary, useful or convenient for a complete sewer and sewage disposal system; also including maintenance and extension of the present system of the city and also including the reconstruction of such sewers as may be necessary or convenient, as deemed proper by the council. (Ord. 78-37 § 1)

13.12.020 Water supply system – City intent to provide and operate.

Pursuant to the powers granted by the Charter of the city and the general laws of the state, the common council of the city declares its intention to provide, own, construct, equip, operate and maintain, within or without the city limits, a water supply system treatment plant, storage facilities, distribution lines, equipment and appurtenances necessary, useful or convenient for a complete water supply system; also including maintenance and extension of the present system of the city and also including the reconstruction of such system as may be necessary or convenient, as deemed proper by the council. (Ord. 78-37 § 2)

13.12.030 Sewer system connection.

A. All expenses of whatever type and nature incurred in connecting to the public sewer and maintaining the connection line shall be borne solely by the property owner. The applicant shall indemnify the city from any loss or damage that may directly or indirectly be occasioned by the installation. The amount of the connection fee shall be set by resolution of the council based on the average cost of inspecting and installing connections to the sanitary sewer system. The point of connection with the public sewer by the property owner shall be at such place as determined by the city staff.

B. No sewer user shall uncover, make any connections with, use or alter any public sewer or appurtenances without first obtaining a permit from the public works director. The written permit will not be issued until the systems development charge has been paid to the city finance director as prescribed by city ordinances relating to systems development charges.

C. The sewer user shall notify the director of public works when the building sanitary sewer is ready for inspection and connection to the public sanitary sewer. The connection and installation shall be made in accordance with the city’s standards and shall be inspected and approved by the director of public works. The director may order the sewer user who connects to the sanitary sewer system of the city without an inspection and approval to uncover the connection so that an inspection can be made. Failure to request an inspection or to comply with an order of the public works director to uncover a connection made without inspection and approval constitutes a Class B violation which may be punished under the provisions of the code relating to violations.

D. All installation of sewer lines and service laterals shall be adequately guarded with barricades and lights so as to protect the public from hazards. Streets, sidewalks, parkways and other public property disturbed in the course of the work shall be restored in a manner satisfactory to the city.

E. Service Outside City Limits.

1. Outside City Limits. The utility is not required to construct or provide service to sewer mains specifically for uses outside the city limits, except where required to do so by written agreement. Individual service connections may be permitted, by option of the utility, on those mains owned and operated by the utility outside the city limits.

2. Discontinuation of Service. Except where service is required by written agreement, all sewer service delivered outside city limits shall be considered as a special service and not provided by the city as a common utility service. The city may reduce or entirely discontinue the service at any time, on a temporary or permanent basis, and by area or areas or by customer or classes of customers, in accord with such policies as the city may establish from time to time by ordinance or resolution adopted by the city council. The utility shall have no liability in any way to customers for failure to provide service or for any failure of the system.

3. Application and Rates. Except where service is required by written agreement, the utility reserves the right to act on each application for service on its merits without regard to any other past or present application for service. If service is approved, the cost of service connections shall be in accordance with the rate schedule for service connections in effect at the time of the application for outside-the-city services. Sewer rates shall be those in the applicable portion of the rate and fee schedule.

4. Consents to Annex.

a. Except where service is required by written agreement, no application for an initial connection to the sewer system shall be allowed until the property owner agrees in writing to the annexation of the property to the city at such time as the city shall determine that such annexation is in the best interests of the city, signs a separate agreement waiving the one-year time limit for consents to annex as provided in ORS 222.173, and acknowledges the city’s right to terminate the service as provided in subsection (E)(2) of this section, in a form approved by the city attorney. The consent to annex shall be an irrevocable covenant running with title to the land and shall be binding upon all heirs and assigns.

b. Except where service is required by written agreement, for a property connected to the city sewer system for which no annexation agreement and waiver has been filed, within 60 days after the city has allowed an application for a change in the person to be billed for the sewer service, as a condition of the property receiving continued service, the property owner shall agree in writing to the annexation of the property to the city at such time as the city shall determine that such annexation is in the best interests of the city, sign a separate agreement waiving the one-year time limit for consents to annex as provided in ORS 222.173, and acknowledge the city’s right to terminate the service as provided in subsection (E)(2) of this section, in a form approved by the city attorney. The consent to annex shall be an irrevocable covenant running with title to the land and shall be binding upon all heirs and assigns. If the city does not receive the agreement and waiver within the 60-day period allowed under this subsection, the city thereafter has the authority and the respective city departments are authorized to discontinue and disconnect the sewer service for delinquency in providing the required agreement and waiver, provided the city first has followed the same procedure as for turnoff due to delinquency in payment as set out in LCMC 13.12.100(B) through (E). As an alternative remedy, the city may institute injunctive or other appropriate proceedings to compel provision of the agreement and waiver as a condition of the property receiving continued service.

5. Limitation on Properties to which Service Will Be Provided. Except where service is required by written agreement, connections to the sewer system shall be limited to one connection serving one residential dwelling or its equivalent, for each lot as in existence on August 5, 1980, unless the city council by resolution has approved an application for an exception to this limitation as applied to a particular property. In deciding whether to approve an exception, the city council shall consider those factors it deems appropriate to the particular proposed exception, including but not limited to:

a. Whether the proposed exception will enhance the city’s ability to annex land within the urban growth boundary at such time that the city determines that annexation is in the best interests of the city;

b. Whether the proposed exception will enhance the city’s ability to provide public facilities and services in a timely, orderly, efficient, and economic manner; and

c. Whether the proposed exception, on balance, will enhance the city’s ability to implement relevant goals and policies of the city’s comprehensive plan.

6. Rules and Regulations.

a. All customers shall comply with and be bound by the rules and regulations of the utility.

b. Individuals shall cooperate to a reasonable and practicable extent with other customers in the extension or enlargement of common facilities. (Ord. 2015-10 §§ 5, 6; Ord. 2005-01 § 1; Ord. 2004-16 §§ 1, 2; Ord. 2004-06 § 2; Ord. 91-29 § 1; Ord. 78-37 § 3)

13.12.040 Water system connections.

A. All expenses of whatever type and nature incurred in connecting to the city water system shall be borne solely by the property owner. Charges for new services and changes in existing services shall be paid for in advance and shall be in accordance with the rate and fee schedule in effect at the time the new service or change in existing service is installed. Such fee will be based on the amount necessary to reimburse the city for the average cost of inspection and installing connections to the water system.

B. For any new facility that includes both lodging facilities and a restaurant, the lodging facilities and the restaurant shall have separate water services. At the time of a change of an existing service to a facility that includes both lodging facilities and a restaurant, the lodging facility and the restaurant shall be converted to separate water services. This subsection shall not apply to bed and breakfast accommodations. (Ord. 2004-15 § 1; Ord. 91-29 § 2; Ord. 78-37 § 4)

13.12.050 Water service extensions, connections and equipment – Installation and maintenance responsibility.

A. Water Main Extensions Within the City Limits. Water mains may be extended inside the city limits with the consent of the city and shall be constructed in accordance with the utility’s standards and specifications, subject to inspection by the utility, with all necessary easements, rights-of-way and permits, as required, obtained in the utility’s name prior to construction. After completion, and if accepted by the utility, the water main, free of all liens and encumbrances, shall be transferred, along with all necessary easements, rights-of-way and permits, to the utility. The utility will then own, operate and maintain the water main. The water mains shall be constructed of pipe not smaller than six inches in diameter, unless the city finds that engineering considerations determine that a larger or smaller pipe should be installed. The installation shall include all valves, fire hydrants, blow-offs and such other apparatus as deemed necessary by the city. Where the city has determined that a water main larger or smaller than six inches in diameter is required or desirable, the city shall have the right to require the installation of the larger or smaller pipe. The developer or contractor may be required to pay all additional costs for the installation and materials for the installation of the larger pipe. In the event new construction occurs in the area of an existing water main, and it is determined by the city that fire flow requirements require a larger water main, the city shall have the right to reject the new construction or to require installation of a water main to meet fire flow requirements.

B. Service Outside City Limits.

1. Outside City Limits. The utility is not required to construct or provide service to water mains specifically for uses outside the city limits, except where required to do so by written agreement. Individual service connections may be permitted, by option of the utility, on those mains owned and operated by the utility outside the city limits.

2. Discontinuation of Service and Guarantee of Supply. Except where service is required by written agreement, all water delivered outside the city limits shall be considered as a special service and not provided by the city as a common utility service. The city may reduce the quantity of water supplied by the service or entirely discontinue the service at any time, on a temporary or permanent basis, and by area or areas or by customer or classes of customers, in accord with such policies as the city may establish from time to time by ordinance or resolution adopted by the city council. The utility shall have no liability in any way to customers for failure to provide service or for any failure of the system.

3. Application and Rates. Except where service is required by written agreement, the utility reserves the right to act on each application for service on its merits without regard to any other past or present application for service. If service is approved, the cost of service connections and meters shall be in accordance with the rate schedule for service connections and meters in effect at the time of the application for outside-the-city services. Water rates shall be those in the applicable portion of the rate and fee schedule.

4. Consents to Annexation.

a. Except where service is required by written agreement, no application for an initial connection to the water system shall be allowed until each of the conditions set out in subsection (B)(4)(c) of this section has been met.

b. Except where service is required by written agreement, for a property connected to the city water system for which no annexation agreement and waiver has been filed, within 60 days after the city has allowed an application for a change in the person to be billed for the water service, as a condition of the property receiving continued service, the property owner shall meet the conditions set out in subsections (B)(4)(c)(i) and (ii) of this section. If the city does not receive the agreement and waiver required under subsection (B)(4)(c)(i) of this section within the 60-day period allowed under this subsection, the city thereafter has the authority and the respective city departments are authorized to discontinue and disconnect the water service for delinquency in providing the required agreement and waiver, provided the city first has followed the same procedure as for turnoff due to delinquency in payment as set out in LCMC 13.12.100(B) through (E). As an alternative remedy, the city may institute injunctive or other appropriate proceedings to compel provision of the agreement and waiver as a condition of the property receiving continued service.

c. The conditions referred to in subsections (B)(4)(a) and (b) of this section are as follows:

i. The property owner agrees in writing to the annexation of the property to the city at such time as the city shall determine that such annexation is in the best interests of the city, signs a separate agreement waiving the one-year time limit for consents to annex as provided in ORS 222.173, and acknowledges the city’s right to terminate the service, in a form approved by the city attorney. The consent to annex shall be an irrevocable covenant running with title to the land and shall be binding upon all heirs and assigns;

ii. If the property is within the Roads End Sanitary District, the city determines that the property will be served by the city’s sewer system through its connection to the District’s system; and

iii. The city determines that a system of water storage and distribution facilities exists that is adequate to serve the property.

5. Consents to Annexation for Continued Service.

a. Except where service is required by written agreement, beginning January 1, 2011, any property connected to the city water system shall be allowed to continue to receive water service, provided each of the conditions set out in subsection (B)(4)(c) of this section has been met.

b. Except where service is required by written agreement, for a property connected to the city water system for which no annexation agreement and waiver has been filed, and as required by a resolution adopted by the city council determining it is in the best interests of the city to annex an area including the property so connected, then within 60 days after the city has provided notice to the person billed for the water service, as a condition of the property receiving continued service, the property owner shall meet the conditions set out in subsection (B)(5)(c) of this section. If the city does not receive the agreement and waiver required under subsection (B)(5)(c)(i) of this section within the 60-day period allowed under this subsection, the city thereafter has the authority and the respective city departments are authorized to discontinue and disconnect the water service for delinquency in providing the required agreement and waiver, provided the city first has followed the same procedure as for turnoff due to delinquency in payment as set out in LCMC 13.12.100(B) through (E). As an alternative remedy, the city may institute injunctive or other appropriate proceedings to compel provision of the agreement and waiver as a condition of the property receiving continued service.

c. The conditions referred to in subsections (B)(5)(a) and (b) of this section are as follows:

i. The property owner agrees in writing to the annexation of the property to the city at such time as the city shall determine that such annexation is in the best interests of the city, signs a separate agreement waiving the one-year time limit for consents to annex as provided in ORS 222.173, and acknowledges the city’s right to terminate the service, in a form approved by the city attorney. The consent to annex shall be an irrevocable covenant running with title to the land and shall be binding upon all heirs and assigns;

ii. If the property is within the Roads End Sanitary District, the city determines that the property is served by the city’s sewer system through its connection to the district’s system; and

iii. The city determines that a system of water storage and distribution facilities exists that is adequate to serve the property.

iv. Payment for the cost of recording the documents required under subsection (B)(5)(c)(i) of this section is the responsibility of the property owner. The city council may also by resolution approve a full or partial waiver of the fees required for recording with Lincoln County the documents required in subsection (B)(5)(c)(i) of this section. The standard for eligibility for a fee waiver shall at a minimum require the documents to be mailed or hand-delivered to the city recorder of the city of Lincoln City before the expiration of the 60-day notice period established in subsection (B)(5)(b) of this section. The burden of proof of date of mailing or delivery shall be the sole responsibility of the property owner.

6. Limitation on Properties to which Service Will Be Provided. Except where service is required by written agreement, connections to the water system shall be limited to one connection serving one residential dwelling or its equivalent, for each lot as in existence on August 5, 1980, or, if within the boundaries of the Roads End Sanitary District, as in existence on June 28, 2003, unless the city council by resolution has approved an application for an exception to this limitation as applied to a particular property. In deciding whether to approve an exception, the city council shall consider those factors it deems appropriate to the particular proposed exception, including but not limited to:

a. Whether the proposed exception will enhance the city’s ability to annex land within the urban growth boundary at such time that the city determines that annexation is in the best interests of the city;

b. Whether the proposed annexation will enhance the city’s ability to provide public facilities and services in a timely, orderly, and efficient manner; and

c. Whether the proposed exception, on balance, will enhance the city’s ability to implement relevant goals and policies of the city’s comprehensive plan.

7. Rules and Regulations.

a. All customers shall comply with and be bound by the rules and regulations of the utility.

b. Individuals shall cooperate to a reasonable and practicable extent with other customers in the extension or enlargement of common facilities.

c. No customer shall interconnect between water furnished by the utility and water from another source. Upon discovery that such an interconnection has been made, the utility may discontinue service and shall assess a penalty in accordance with the rate and fee schedule.

C. Responsibility for Equipment. The customer shall, at his own risk and expense, furnish, install and keep in good and safe condition all equipment which may be required for receiving, controlling, applying and utilizing water. The utility shall not be responsible for any loss or damage caused by the improper installation of such water equipment, or the negligence, want of proper care or wrongful act of the customer or any of his tenants or agents, in installing, maintaining, using, operating or interfering with such equipment. The utility shall not be responsible for damage to property caused by spigots, faucets, valves and other equipment which are open when water is turned on at the meter, either when the water is turned on originally or when turned on after a temporary shutdown.

D. Change in Location of Meters or Services. Meters or services moved for the convenience of the customer will be relocated only at the customer’s expense.

E. Change in Size of Meter or Service. If for any reason a change in size of a meter or service or both is required, the charges therefor shall be paid for in advance and shall be in accordance with the rate and fee schedule in effect at the time the change is made. Such change shall only be made with approval of the city after the public works director has made a determination that the requested meter size is appropriate for the estimated water consumption anticipated for that service.

F. Ownership. The service connection, whether located on public or private property, is the property of the utility, and the utility reserves the right to repair, replace and maintain it, as well as to remove it upon discontinuance of service.

G. Placement of Service Pipes. The service pipes must be arranged so that the supply to each separate house or premises may be controlled by a separate stopcock placed within or near the line of the street curb.

H. Charges for Service Pipes Connected without Permit. If premises are connected without approval of the city, such premises shall be immediately disconnected. Before a new connection is made, the applicant shall pay double the rate for the estimated quantity of water consumed while connected without a permit and shall be required to pay double the new connection fee. A new connection shall only be made upon compliance with provisions of this code.

I. Leaking Services. Where there is a leak between the main and the meter, the utility shall make all repairs free of charge. When a service pipe at the proper grade is damaged or destroyed by contractors or others, the person, contractor or company responsible for such damage or destruction shall pay the utility for the cost of repairing or replacing such pipes on the basis of the rate and fee schedule. The property owner shall be responsible for all the maintenance and repair and the costs associated therewith of the service line between the meter and building served.

J. Meter Error.

1. Meter Test on Customer Request.

a. A customer may, giving not less than one week’s notice, request the utility to test the meter serving his premises.

b. The utility may require the customer to deposit an amount as set forth in the rate and fee schedule to cover the reasonable cost of the test.

c. If the city owns the meter, the test deposit will be returned if the meter is found to register more than two percent fast. If the meter is not found to register more than two percent fast, the deposit will be retained by the city to reimburse the city for the cost of the test.

d. A customer or his representative shall have the right to be present when the test is made.

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

2. Adjustment of Bills for Meter Error.

a. Fast Meters. When, upon test, a meter is found to be registering more than two percent fast under conditions of normal operation, the utility will refund to the customer the full amount of the overcharge based on corrected meter readings for a period of not exceeding three months that the meter was in use.

b. Slow Meters. When, upon test, a meter is found to be registering more than five percent slow, the utility may bill the customer for the amount of the undercharge based upon corrected meter readings for a period not exceeding three months that the meter was in use.

c. Nonregistering Meters. The utility may 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 period and under similar circumstances and conditions. (Ord. 2010-10 § 2; Ord. 2005-01 § 2; Ord. 2004-16 §§ 3, 4; Ord. 2004-06 § 3; Ord. 91-29 §§ 3 – 5; Ord. 90-16 § 1; Ord. 78-37 § 5)

13.12.055 Cross-connections.

Repealed by Ord. 2017-04. (Ord. 90-16 § 2)

13.12.060 Sewer user rates and charges.

A. Imposed. There are imposed upon all property owners having a connection with the sewer system of the city, both within and without the corporate limits of the city, and upon all subsequent users, just and equitable charges for service, maintenance, operation and replacement of the sewerage system. The just and equitable charges authorized by this section shall be reviewed annually and specified or amended as necessary by resolution of the city council.

B. How Determined.

1. Customers Inside City. For the purpose of fixing rates and charges for the furnishing of sewer service by the city, each customer within the corporate limits of the city shall be charged a base fee based upon the size of the meter and a commodity fee based on the amount of actual water usage over the maximum allowed consumption included within the base fee.

2. Customers Outside City. For the purpose of fixing rates and charges for the furnishing of sewer service by the city, each customer outside the corporate limits of the city shall be charged a base fee based upon the size of the meter and a commodity fee based on the amount of actual water usage over the maximum allowed consumption included within the base fee. (Ord. 2004-07 § 1; Ord. 89-6 § 1; Ord. 88-15 § 1; Ord. 86-5 § 1; Ord. 79-15 § 1; Ord. 78-37 § 6(1) – (2))

13.12.080 Water user rates and charges.

A. Imposed. There are imposed upon all property owners having a connection with the water system of the city, both within and without the corporate limits of the city, and upon all subsequent users, just and equitable charges for service, maintenance, operation and replacement of the water system. The just and equitable charges authorized by this section shall be reviewed annually and specified or amended as necessary by resolution of the city council.

B. How Determined.

1. Customers Inside City. For the purpose of fixing rates and charges for the furnishing of water and water service by the city, each customer within the corporate limits of the city shall be charged a base fee based upon the size of the meter, and a commodity fee based on the amount of actual water usage over the maximum allowed consumption included within the base fee.

2. Customers Outside City. For the purpose of fixing rates and charges for the furnishing of water and water service by the city, each customer outside the corporate limits of the city shall be charged a base fee based upon the size of the meter, and a commodity fee based on the amount of actual water usage over the maximum allowed consumption included within the base fee.

C. Water Meter Installation Charges. The charges for water meter installation shall be in an amount as specified or amended by council resolution. (Ord. 2004-07 § 2; Ord. 89-6 § 2; Ord. 88-15 § 2; Ord. 86-5 § 2; Ord. 78-37 § 7)

13.12.090 Sewer and/or water – Application for service.

A. Application for sewer and/or water connection shall only be made either in conjunction with a building permit or for an existing structure. Application shall be made to the department of public works upon forms approved by that department.

B. Application approval shall be conditional upon the availability of sewer and/or water as determined by the department of public works, and upon the payment in full of systems development charges. Water and/or sewer application approval shall expire upon building permit expiration, as defined by the Uniform Building Code, whereupon a new application shall be made to and approved by the department of public works. (Ord. 91-29 § 6; Ord. 78-37 § 8)

13.12.100 Billing – Disconnection for nonpayment – Reconnection fees.

A. Water meters shall be read at regular intervals for the preparation of water and sewer bills and as required for the preparation of opening, closing, and special bills. Bills for water and sewer service will be rendered monthly or bimonthly as determined by the city manager. Bills shall be mailed to the person responsible for payment as set out in LCMC 13.12.110, addressed to the last mailing address of the person responsible that is on file with the city for water and sewer account purposes. Closing bill charges shall be calculated from the actual amount of water used or the monthly user charges, whichever is greater. All bills are due and payable on the fifteenth of the month following the date of billing. Water and sewer charges shall be billed together in the same bill in accordance with LCMC 13.12.060 and 13.12.080.

B. A bill shall be delinquent if it is not paid on or before the fifteenth of the month following the date of billing. Delinquency in an account of a customer receiving service outside the city also occurs when the agreement and waiver required under LCMC 13.12.050(B)(4) are not provided within 60 days of an application for change in service, or when the agreement and waiver required under LCMC 13.12.050(B)(5) are not provided within 60 days of notice from the city. If a bill or account becomes delinquent, a delinquency turnoff notice shall be mailed, not later than 30 days after the due date, by first class mail to the person responsible for payment, to “occupant” at the address of the property served, and, if the person responsible for payment is not the owner or owner’s agent, to the last address of the owner or owner’s agent that is on file with the city for water and sewer account purposes. If payment, or agreement and waiver required of customers outside the city, has not been received within 10 days after mailing of the turnoff notice, the city has the authority and the respective departments are authorized to discontinue and disconnect both water and sewer service, or either of them, for delinquency as to either of the charges without further notice.

C. If the city has sent a delinquency turnoff notice and the person responsible for payment, the owner or owner’s agent, or a renter believes the account is not delinquent, then the person shall have the right to have the question of delinquency reviewed by a city representative designated to conduct such reviews. For delinquency under LCMC 13.12.050(B)(4) or (5), the right to review is reserved to the property owner. The person must exercise this right by either a written, telephone, or in person request for review to the city representative, which request must be received by the city representative not later than 5:00 p.m. of the tenth day after mailing of the notice of delinquency. If a person has exercised this right within the time allowed, the person not later than 5:00 p.m. of the fourteenth day after mailing of the notice of delinquency shall deliver to the city representative all information and evidence the person wishes the city representative to consider on the question of delinquency. The city representative thereafter shall review the information and evidence submitted, together with any other information and evidence the representative may have or receive, shall make a decision on the question of delinquency, and shall mail notice of the decision by first class mail to the person responsible for payment, to “occupant” at the address of the property served, and, if the person responsible for payment is not the owner or owner’s agent, to the last address of the owner or owner’s agent that is on file with the city for water and sewer account purposes. If the city representative has determined that the account is delinquent, and if payment, or agreement and waiver required of customers outside the city, has not been received within five days after mailing of notice of the decision, the city thereafter has the authority and the respective departments are authorized to discontinue and disconnect both water and sewer service, or either of them, for delinquency as to either of the charges without further notice. The city representative, for good cause, may extend the deadlines set out in this subsection.

D. A delinquency turnoff notice shall include advice that if the person receiving the notice believes the account is not delinquent, then the person has the right to have the question of delinquency reviewed by the city; that the person may request such a review either in writing, by telephone, or in person; that the city representative must receive the request for review not later than 5:00 p.m. of the tenth day after mailing of the delinquency turnoff notice; and that the city representative must receive all information and evidence the person wishes the city representative to consider on the question of delinquency not later than 5:00 p.m. of the fourteenth day after mailing of the delinquency turnoff notice. The advice shall include the title, office telephone number, mailing address, and office address of the city representative.

E. A $25.00 reconnection fee shall be charged by the city and collected before service is restored where the service has been discontinued for a delinquent account. An additional $25.00 fee shall be charged and collected for restoring service if the city staff subsequently removes the water meter following an unauthorized turn-on by the delinquent account holder. The above charges shall be doubled if, pursuant to request, the service is restored after regular working hours or on weekends. The city’s designated representative, in cases of extreme hardship, shall have the discretion of renewing service to a delinquent account upon receipt of a plan, satisfactory to the city representative and, in the case of a renter, approved by the owner, for the payment in installments of the amount of the delinquency. However, interest shall be charged for all delinquent fees and charges from the due dates at the rate of one and one-half percent per month (18 percent per annum) until payment is made in full. If it is necessary to file a lawsuit for collection of any fees or charges, the property owner shall pay, in addition to the amounts owed and accrued interest, reasonable attorney fees and court costs incurred in the collection by the city, its agents, or any assignee of the claim.

F. Notwithstanding any other provision of this chapter but subject to the requirements of LCMC 13.12.110, the city shall not deny or discontinue service to a new owner or renter of property on account of a delinquency that occurred prior to the new owner or renter becoming an owner or renter of the property.

G. The city’s policy under subsection (B) of this section for disconnection of services due to delinquency shall be the same for all single-family residences, whether owner- or renter-occupied. (Ord. 2012-01 § 1; Ord. 2005-05 § 1; Ord. 78-37 § 9)

13.12.110 Responsibility for payment of bills.

A. The property owner shall be responsible for payment of all charges prescribed in this chapter. If the property is rented, the owner shall be billed for water/sewer usage, unless the owner executes an agreement requesting the renter be billed directly and agrees to assume responsibility for all unpaid billings. It shall be the responsibility of the property owner to inform the city when the property is occupied by a different renter.

B. The property owner shall be responsible for a $15.00 charge for each name change requested on the account.

C. Any necessary repair to meters damaged by the owner or tenants of serviced premises shall be the responsibility of the owner of the premises.

D. Notwithstanding any other provision of this chapter, any change in the person to be billed for service shall be subject to the provisions of LCMC 13.12.030(E)(4) and 13.12.050(B)(4), if applicable. This shall not, however, excuse an owner from the owner’s responsibility for payment as set out in this chapter. (Ord. 2005-05 § 2; Ord. 84-3 § 2; Ord. 78-37 § 10)

13.12.120 Requiring deposits.

A. If there is a history of delinquency in payment of water or sewer charges, the city may require, at the discretion of the city’s designated representative, a $25.00 deposit or a deposit equal to charges for one billing period, whichever is greater, before restoring service to a delinquent account turned off for nonpayment. The deposit shall be held by the city to ensure payment of the account.

B. The amount of the deposit shall always be maintained by the person responsible for payment at the above-mentioned amount; and if reduced below that amount by application to any arrearage, the amount of the reduction shall be treated as a delinquency subject to the procedures set out in LCMC 13.12.100(B). (Ord. 2005-05 § 3; Ord. 78-37 § 11)

13.12.130 Liens and other collection enforcement procedures.

Water and sewer use charges shall be a lien against the property served from and after the date of billing and entry on the ledger or other records of the city pertaining to its water/sewer system; and such ledger records or other records (lien docket) shall remain accessible for inspection by anyone interested in ascertaining the amount of such charges against the property. If a person makes a verbal request to the city for information about the status of an account and requests a verbal response, the city shall provide a verbal response within a reasonable time after receiving the request. Whenever a bill for water or sewer service remains unpaid 90 days after it has been rendered, the lien thereby created may be foreclosed in any manner provided for by state law or city ordinances. (Ord. 2005-05 § 4; Ord. 78-37 § 12)

13.12.140 Payment delinquency – Refusal of service request.

Any owner, renter, or other person requesting water or sewer services from the city, who owes the city any moneys and is delinquent with regard to such moneys, shall not be allowed such requested services until the person has entered into an agreement with the city to pay such moneys, in accord with a plan that is satisfactory to the city. (Ord. 2005-05 § 5; Ord. 78-37 § 13)

13.12.150 Abandoned and non-revenue-producing services.

When a service connection to a property has been abandoned or not used for a period of one year or longer, the city may remove it. Once removed, a service shall be restored only upon the customer’s application and payment for a new service connection. (Ord. 78-37 § 14)

13.12.160 Sewer availability – Connection required.

A. Except as otherwise provided in subsection (C) of this section, in any portion of the city where a sanitary sewer gravity line is installed, the property owner will have six months after the gravity sewer is installed to connect to the gravity sewer line. Within 30 days of connection, any septic tank, cesspools or similar private sewage disposal facilities shall be decommissioned to the satisfaction of the city.

B. Except as otherwise provided in subsection (C) of this section, in any portion of the city where a sanitary sewer low pressure line is installed, the property owner will have 48 months after the low pressure sewer is installed to connect to the low pressure sewer line. Within 30 days of connection, any septic tank, cesspools or similar private sewage disposal facilities shall be decommissioned to the satisfaction of the city.

C. Notwithstanding the timeframes above, the following exceptions to the general rules above shall apply:

1. Connection to an available gravity or low pressure sewer line is required immediately upon a documented failure of the existing septic system, cesspool or other sewage disposal system.

2. Connection to an available gravity or low pressure sewer line is required when any enlargement, alteration, or change of use of an existing building is requested and when such request requires expansion, enlargement or replacement of an existing septic system. Connection is required prior to occupancy of the enlargement, or the altered or changed as to use building.

3. Connection to an available gravity or low pressure sewer line is required prior to any occupancy of any new residential or nonresidential building. “New” includes buildings proposed for redevelopment where the value of repairs exceeds 50 percent of the value of the existing structure. This value trigger is cumulative beginning with the date the sewer is first “made available for connection.”

4. Connection to an available gravity or low pressure sewer line is required when an existing septic system is proposed for replacement or repair in excess of 50 percent of the value of the system or $9,000, whichever is less.

5. Connection to an installed gravity or low pressure sewer line is required within 120 days of the sale of real property containing a dwelling or nonresidential building serviced by an existing septic system, cesspool or other sewage disposal system.

6. Subject to connection triggers in subsections (C)(1) through (5) of this section, connection to an available gravity or low pressure sewer system which is subject to an approved local improvement district is required as set forth in the LID formation resolution.

D. A gravity or low pressure sanitary sewer line is “installed” when the subject line is physically located within any portion of the right-of-way frontage of the subject lot or parcel and the subject line is accepted for service by the city of Lincoln public works department or a contract for such installation has been executed.

E. A gravity or low pressure sanitary sewer line is “available” or “made available for connection” when the subject line is accepted for service by the city of Lincoln City public works department and installed in public right-of-way or easement or said line is within 300 feet of the subject lot or parcel property line and the line is accessible via public right-of-way or a public or private utility easement. (Ord. 2015-14 § 1; Ord. 93-9 § 1; Ord. 91-29 § 7; Ord. 88‑15 § 3(a); Ord. 78-37 § 15(1))

13.12.165 Improper discharge prohibited.

All wastewater and sewage from plumbing fixtures or waste-holding tanks shall only be discharged into a sewer system or alternate sewage disposal system approved by the Environmental Quality Commission or Department of Environmental Quality under ORS Chapters 468, 468A and 468B. (Ord. 2015-14 § 1)

13.12.170 Failure to connect – Penalty – Alternative remedies.

A. Each day that any owner and/or occupant of any building fails to connect to available sewer shall be deemed a separate offense.

B. Any owner or occupant of any building that violates any of the provisions of LCMC 13.12.160 and 13.12.165 shall be punished under the provisions of Chapter 1.16 LCMC. Any violation of this chapter shall be classified as a Class A violation.

C. The city may, as an alternative to other remedies that are legally available, institute injunctive, abatement or other appropriate proceedings to enjoin temporarily or permanently, prevent, abate or remove a building that is occupied and is violating LCMC 13.12.160 or 13.12.165. (Ord. 2015-14 § 1; Ord. 2015-10 §§ 5, 6; Ord. 88-15 § 3(b); Ord. 78-37 § 15(2))

13.12.180 Collection of rates and charges.

The finance department of the city is directed to collect the rates and charges provided for in this chapter from each user of the sewage facilities or of water from the city system. (Ord. 78-37 § 16)

13.12.190 Wastewater treatment plant capital fund.

All moneys in the wastewater treatment plant capital fund shall be utilized for capital improvements to the sanitary sewer system, including buildings, construction, development and expansion of the sewer system, for extra-capacity facilities and for any other unenumerated purpose consistent herewith. Design and administrative costs are a part of extra-capacity facilities. The design and administrative costs necessary for the work, including any costs associated with developing, implementing or revising a capital improvement plan for the sanitary sewer system, may be paid with the revenue. No systems development charge revenue collected as a result of system development charges imposed on or after July 1, 1991, shall be deposited in the wastewater treatment plant capital fund. (Ord. 91-29 § 8; Ord. 78-37 § 17)

13.12.200 Water plant capital fund.

All moneys in the water plant capital fund shall be utilized for capital improvements to the water system, including buildings, construction, development and expansion of the water system, for extra-capacity facilities and for any other unenumerated purpose consistent herewith. Design and administrative costs are a part of extra-capacity facilities. The design and administrative costs necessary for the work, including any costs associated with developing, implementing or revising a capital improvement plan for the water system, may be paid with the revenue. No systems development charge revenue collected as a result of system development charges imposed on or after July 1, 1991, shall be deposited in the water plant capital fund. (Ord. 91-29 § 9; Ord. 78-37 § 18)

13.12.210 City liability.

The city shall not be liable for damage to a customer’s property which may result when water service is turned on, discontinued or interrupted for improvements or repairs. (Ord. 78-37 § 19)