Chapter 13.15 WATER SYSTEM

“Applicant” means any legal entity including any person, firm, partnership, corporation, governmental agency or agent of any legal entity applying for water service.

“City” means the city of Rogue River, Jackson County, Oregon.

“Commercial, industrial” includes commercial, industrial, hospitals, motels, hotels, retail stores, service establishments, professional and other offices, financial institutions, restaurants, schools, and other similar establishments.

“Customer” means any legal entity including any person, firm, partnership, corporation, governmental agency or agent of any legal entity applying for water service.

“Customer line” means the pipe, valves and facilities leading from the meter into the premises or property served.

“Dwelling” means a building designed exclusively for residential purposes, including one-family, two-family and multiple-family residences, but not including hotels or motels.

1.“Single-family dwelling” is a building used or arranged for use as the home or abode of but one family.

2.“Two-family (duplex)” is a building used or arranged for use as the home or abode of but two families, living independently of each other.

3.“Multiple-family” is a building used or arranged for use as the home or abode of three or more families, living independently of each other and doing their own cooking in said building and shall include flats, apartments and town houses.

“Dwelling unit” means one or more rooms designed for or occupied by one family.

“Hotel” means a building offering transient lodging (there being no cooking facilities in the guest rooms) and additional services such as restaurants, meeting rooms and recreational facilities.

“Mains” means distribution pipelines, usually six inches or larger in diameter, located in streets, highways, public ways or private rights-of-way which are used to serve the general public.

“Master meter” means a meter which measures total consumption used by group customers beyond the meter; examples are: water districts or associations, planned unit developments or other similar systems.

“Motel” means a building or group of buildings on the same lot containing guest units with separate entrances and consisting of individual sleeping quarters, detached or in connecting rows, with or without cooking facilities.

Private Water System. Where used in this chapter, “private water system” shall mean any water system, including mains and/or service lines, serving a water association or district, planned unit development or other similar system, that is not constructed to city standards and is not approved by the public works director.

“Public works department” means the public works department of the city of Rogue River, Oregon.

“Recreational vehicle (RV) space” means a recreational vehicle space or other unit space for vehicles with or without motive power which are designed for human occupancy and used temporarily for recreational or emergency purposes.

“Service line or meter connection” means the pipe, valves and other facilities laid from the main to and including the meter.

“Systems development charges (SDC)” means a reimbursement fee, public improvement charge or combination thereof assessed or collected at the time of increased usage of an existing capital improvement, at the time of issuance of a development permit or a building permit. Systems development charge includes that portion of sewer or water connection charge that is greater than the amount necessary to reimburse the city for its average cost of inspecting and installing connections to water and sewer facilities. Systems development charges do not include fees assessed or collected as a part of the local improvement district (LID), or the costs of complying with requirements or conditions imposed in a land use decision. [Ord. 94-241-O § 1].

13.15.020 Connections.

A. It shall be unlawful for any legal entities including any person, firm, partnership, corporation, governmental agency or agent of any legal entity applying for water service to make any connection to the mains or pipes of the city water system without first obtaining a permit from the city after submitting an application to the city recorder which states fully:

1. The use for which the water is wanted.

2. Giving the name of the owner of the property.

3. The legal description of the property.

4. Name of the street and building number.

If the application is approved by the public works department, a permit will be issued by the city council. All meter connection fees and system development charges shall be paid for at amounts and rates fixed by city council and shall be paid at the time of application.

Upon the issuance of the permit, the public works director shall make, or have made, the necessary connections and furnish a service from the main to the meter, including the meter and meter box, the cost of which is included in the tapping fee.

B. Unless exempted by the city as qualifying under subsection (C) of this section, every single-family dwelling connected to any water main or being supplied with any water from the city water works system shall have a separate meter connection, meter, meter box, back flow, and curb stop. This requirement shall not apply to a private water system.

Where two or more existing single-family dwellings are currently served through a single meter, such use may continue; however, if the nonconforming meter connection is disconnected at any time it shall not again be connected until it has been brought into conformity with this chapter and approved by the public works director. A nonconforming meter connection shall not be permitted in any manner except those services existing at the time of the passage of the ordinance codified in this chapter.

C. Duplexes and multiple-family dwellings under one ownership, commercial and industrial connections under one ownership and serving a single business operation, and water associations or districts, public utility districts or other similar systems may be served by a master meter if approved by the public works director.

D. A separate meter connection, meter, meter box, and curb stop shall be required for each unit of multiple-family dwellings when in separate ownership, unless exempted by the city as qualifying under subsection (C) of this section; provided, however, that this section shall not apply to a private water system.

E. Private water systems shall be served through a master meter. [Ord. 94-241-O § 2].

13.15.030 Cross-connections.

A. Health Regulations. It shall be unlawful to cross-connect the city water supply and any other source of water unless such connection and source is approved by the public works director and is protected by a backflow assembly.

B. Plumbing Code. Customers shall install, maintain and operate their plumbing systems using the city’s water supply in accordance with the current Oregon State Plumbing Code and Oregon State Health Division Regulations and appropriate Oregon Administrative Rules.

C. Swimming Pools, Wading Pools or Other Such Assemblies. These assemblies shall be constructed so that (1) the conduit or pipes supplying the water from the city’s distribution system at the point of outlet of the supply conduit or pipe shall be at least one foot above the top of the pool curb or deck; or (2) with a backflow prevention assembly approved by the Oregon State Health Division and the appropriate Administrative Rules.

D. Siphon or Injector Pumps. It shall be unlawful for any person to install, maintain or use any water siphon or injector type pump operation for drainage purposes which uses the water supply from the city’s distribution system.

E. Protection Against Circulating Flow. When a customer is served by any water source other than the city’s, and the connections are interconnected on the customer’s premises, an approved backflow prevention assembly shall be installed and maintained by the customer in each of the customer’s lines leading from the city’s meter connections.

F. Protection and Maintenance of Drinking Water. To protect and maintain the quality of Rogue River’s drinking water, approved properly installed backflow prevention assemblies shall be installed whenever the public works director finds such installation to be necessary due to an existing or potential pollution or contamination hazard. The type of service required will depend on the degree of the hazard severity.

G. Installation of Backflow Prevention Assemblies. All backflow prevention assemblies installed after January 5, 1996, shall meet the specifications of construction evaluation and approval of backflow prevention assemblies as specified in Section 10 of the Manual of Cross-Connection Control, 9th Edition, December, 1993, published by the Foundation for Cross Connection Control and Hydraulic Research, University of Southern California, and American Water Works Association (AWWA) Standards, C510-92 and C511-92. (A copy is available at the public works director’s office.) All backflow prevention assemblies shall be installed as per OAR 333-61-071 and be on the Oregon State Health Division approved assemblies list and approved by the public works department.

H. Inspection of Premises. The city’s public works department employees shall, with the owner’s permission, enter upon and inspect any water plumbing systems receiving water from the city. If permission is not granted and a cross-connection is suspected, service will be discontinued until an inspection can be performed. The purpose of such inspection shall be to identify any cross-connection or other existing or potential contamination hazards. [Ord. 96-264-O § 1; Ord. 94-241-O § 3].

13.15.040 Main extensions.

Extension to the water mains of the water system may be made by any one of the following methods, in addition to the procedures provided in this chapter or other ordinance of the city:

A. By forming a water improvement district, as provided in the improvement district ordinance, as a separate district, or included with other improvements in a local improvement district.

B. By the city installing a water main, for which the person requesting such main shall pay the entire cost, which main shall thereafter be conveyed or transferred to the city with the necessary easements, and shall meet the following requirements:

1. The size, grade, and location of such main shall provide for anticipated future development of the property in the adjacent area, and for the connections which such development may generate.

2. Where the main passes through private property, an easement and right-of-way shall be granted to the city for the maintenance, operation, and repairing of such main and for all water line purposes necessary or reasonably incident to the uses and purposes thereof, including any connections to the water system of the city, but not limited thereto.

C. By petitioning the city council to extend the city water main in a manner to be financed as described hereafter. When considering such extension to the city water system, the city council shall have before it a report of:

1. The total cost of installing the main of a design and capacity sufficient to serve the needs of the anticipated future development of the property and adjacent area, and for the connection which such development may generate.

2. The proportionate share of such total cost which shall reflect the benefits to each property which may be connected to the line or main, such proportionate costs to be determined in the same manner as for an improvement district, as provided by the improvement district ordinance.

At such time as the city council determines that a water main shall be installed by the manner herein described, and when appropriations therefor have been budgeted, all costs for such water main shall be financed from the water fund. A connection charge equal to the proportional benefits, as above described, shall be paid into the water fund, together with an annual interest charge of 12 percent per annum computed from the date on which construction of such main was completed, by each property owner requesting to be connected to the water system. [Ord. 94-241-O § 4].

13.15.050 Application for service.

Each applicant for water service shall file a written application therefor on forms provided by the city. In signing, the applicant agrees to comply with this chapter and the rules, regulations, policies and procedures related thereto.

At the time application for service is made, the applicant shall establish his credit with the utility department. The credit of an applicant shall be established once the applicant makes a cash deposit with the utility department to secure payment of bills for service. The deposit will be applied to their account after one year of continuous service, provided the customer has maintained good credit with the utility department, or refunded if the customer vacates the property prior to one year. If the customer’s account becomes delinquent prior to one year, the one year begins from the delinquency date. If the customer’s account becomes delinquent after the deposit has been applied, the utility department or its authorized representative may demand a new deposit to re-establish credit. The city shall not pay interest on any cash deposits as such interest is used to offset department operating expenses.

Specifically regarding applications for services to rental properties, if an account becomes delinquent and it becomes necessary to turn off service and forfeit the deposit, the property owner shall be liable for payment of all outstanding bills due the city. If such payments are not made, collection proceedings may be initiated. [Ord. 94-241-O § 5].

13.15.060 Service connection.

A. Installation charges cover all costs of excavation, installation, resurfacing, and a maximum of 40 feet of service line from the water main to the customer’s property line at the point where the meter is installed, including the meter box, meter and the curb stop. Where service lines must be run a distance greater than 40 feet to reach the customer’s property line, the customer shall pay all costs incidental to such excess footage. Charges for “with pavement” shall be made when asphalt or concrete cutting and replacement in city’s opinion is required to restore pavement, curbs, gutters and/or sidewalks.

B. The installation and maintenance of service lines shall be performed only by the duly authorized employees of the public works department.

C. Ownership, Installation and Maintenance. The customer shall be required to maintain the meter and appurtenances and shall be responsible for any repairs or damages to third persons. The city hereby creates a right of action in third persons against any persons injured as a result of customer’s failure to properly maintain the meter and/or appurtenant area.

D. Service Connection Charge. The public works department will bill the applicant for the cost to install a service from the main, including the meter and the meter housing. This service connection charge shall be as determined by the public works department.

In addition to the service connection charge, and, separate from it, all applicants for water service shall pay a system development charge based on the proposed use of the building, structure or property for which the water service is required, in accordance with the resolution and fee schedule adopted by the city council.

E. Size of Service. The public works department will furnish and install a service of such size and at such locations as the applicant requests, provided such requests are reasonable and that the size requested is one that is listed by the public works department. The minimum size of meter pipe shall be three-quarter inch. The public works department may refuse to install a service line which is undersized or oversized as determined by a study and report of the public works director.

F. 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 public works department for making the change.

G. Length of Service. Where the main is in a public right-of-way, the meter will be placed at the right-of-way line nearest the property to be served for the standard connection fee, provided the length of service does not exceed the width of the right-of-way. Where the main is on an easement or publicly owned property other than designated right-of-way, the services shall be installed to the boundary of the easement of public property by the public works department, provided the length of service does not exceed 30 feet. If, in either case cited above, the length of service line to the meter location exceeds the maximum stated, the applicant shall pay the extra cost of the line on the basis of actual cost to the public works department for labor, materials and equipment rental plus 15 percent. Service extensions from an existing service to other occupancies or ownerships than that for which the existing service was intended shall not be permitted nor shall separate residences be permitted to receive service through one meter except under special consideration approved by the city council.

H. Number of Service Connections to Property. The owner of a single parcel of property may apply for and receive as many services as he and his tenants require, provided his application or applications meet the requirements of the policies, rules and regulations, and such applications are in conformance with all other ordinances of the city.

I. Temporary Service Connections. A water service of a temporary nature may be approved by the city council without imposing a system development charge; however, 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 public works department. The applicant shall also pay his water bill in advance and based on the estimate of the quantity to be used, or he shall otherwise establish satisfactory credit.

1. Time Limit. Temporary service connections shall be disconnected and terminated within 30 days after installation unless an extension of time is granted in writing.

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

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

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

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

4. Responsibility for Meters and Installation. The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the public works department. If the meter or other facilities are damaged, the cost of making repairs shall be deducted from the deposit refund.

J. Customer’s Plumbing.

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

2. Control Valves. Customers shall install a suitable control valve in the customer service line as close to the meter as possible, the operation of which will control the entire water supply to the premises served. In the event a customer’s service is discontinued for any reason a control valve must be installed, if none exists, as provided by this section. It shall be a violation of these rules and regulations for the customer to operate, cause or permit unauthorized operation of the meter stop or any other appurtenances on the service connection. [Ord. 94-241-O § 6].

13.15.070 Meters.

A. Ownership. The city of Rogue River will own and maintain all water meters. The city of Rogue River will not pay rent or any other charge for a meter or other water facilities, including housing and connections, located on a customer’s property.

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

C. The Size and Type of Meter. An applicant may request and receive any size meter regularly stocked or furnished by the public works department, provided the request is reasonable; and further provided, that the meter is not greatly oversized or undersized, as determined by the public works director. The public works department reserves the right to determine the type of meter to be installed.

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

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

F. Changes in Size or Location. If, for any reason, a change in size of a meter and service is required, the installation will be accomplished on the basis of a new connection, and the customer’s application shall be amended. Meters or services moved for the convenience of the customer will be relocated only at the customer’s expense. [Ord. 94-241-O § 7].

13.15.080 Notices.

A. Notices to Customers. Notices from the utility department to the customer will normally be given in writing and either mailed or delivered to them at their last known address. Where conditions warrant and in emergencies, the utility department may notify either by telephone or messenger. A delivery or posting of the notice to the premises served by the meter shall be considered delivery of the customer and/or owner.

B. Notices from Customers. Notices from the customer to the utility department may be given by the customer or his authorized representative orally or in writing at the office of the utility department in the City Hall or to an agent of the utility department duly authorized to receive notices or complaints. [Ord. 94-241-O § 8].

13.15.090 Billing and payment.

A. Meter Readings. Meters will be read monthly and customers billed on the basis of the meter reading to the nearest 100 cubic feet. The utility department will keep an accurate account on its books of all readings of meter and such account, so kept, shall be offered at all times, places and courts as prima facie evidence of the use of water service by the customer.

B. Rendering of Bills. All bills will be rendered monthly.

1. Bills for other than normal billing periods. Opening and closing of bills, or bills that for any other reason cover a period other than the normal billing period shall be prorated; however, such proration shall never be less than the minimum monthly service charge.

C. Disputed Bills. When a customer disputes the correctness of a bill, they shall deposit the amount of the disputed bill at the time the complaint is lodged, to preclude discontinuance of service pending final settlement of the bill or bills. Subsequent bills shall be paid or placed on deposit in a similar manner. Failure of the customer to make such a deposit shall warrant discontinuance of service, as provided under RRMC 13.15.110(B).

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

E. Property Served by Single Meter. Where more than one account is serviced by a single meter, the applicant assumes full responsibility and liability pursuant to the terms and conditions of this chapter. The applicant shall be responsible for the combined billing of all accounts serviced by a single meter.

F. Payment of Bills. The final date on which payment is due is specifically 30 days from the billing date. If the bill is not paid by that date, the account shall be considered delinquent unless other arrangements have been made with the utility department and another due date specified. Bills will be sent to the customer as shown on the application; however, the owner of the served real property is ultimately responsible for payment if the customer fails to make payment. [Ord. 94-241-O § 9].

13.15.100 Delinquent accounts.

A. Time of Delinquency. All accounts are due and payable at the Rogue River City Hall or to an authorized collector on the date of mailing or presentation and become delinquent 30 days thereafter.

B. All Accounts Immediately Payable. When accounts become delinquent, the utility department or its authorized representative may demand full payment of both delinquent and current accounts at all locations on all accounts maintained between the applicant and the utility department.

C. Increased Deposit. When accounts become delinquent, the utility department may require deposit in addition to any previous deposit in order to fully secure payment of bills for water service and related charges.

D. Delinquent Notice. A reminder of account delinquency may be sent, at the discretion of the city, to each delinquent account and/or property owner on or after the account has become delinquent.

E. Turn-Off Notice. Thirty days after billing or at the next regular billing date after an account has become delinquent, a turn-off notice shall be sent to the customer and to the owner of the premises if the customer is not the owner. Said notice shall state the date on which water will be turned off, which is on or about 15 days after an account becomes delinquent. Service will be discontinued if the delinquent account is not paid in full prior thereto.

F. Service Turn-Off. On or after the turn-off date specified in the turn-off notice, the public works department or other agent of the city shall deliver a written notice to the customer stating that the water service is being turned off until all delinquent accounts have been paid. The public works department or other agent of the city shall immediately thereafter turn off the service. A delivery of the notice to the premises served by the meter shall be considered a delivery to the customer.

G. Service Charge. In all instances where water has been turned off because of delinquent accounts, a service charge shall be made for the restoration of services and replacement of the cash deposit, as stated in RRMC 13.15.110, will be required.

H. Installment Payments of Delinquent Accounts. In cases of extreme hardship, the city council and/or city recorder shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory installment plan for the payment of the overdue amount.

I. All properties at all locations having more than one connection with the city water mains or laterals shall be held liable for all charges for water used in the buildings or on the premises of such property whether one or more houses, families, persons, or establishments are on the same service or otherwise. [Ord. 94-241-O § 10].

13.15.110 Discontinuance of service.

A. On Customer Request. Each customer about to vacate any premises supplied with water service by the public works department shall give the utility department notice of his intentions at least two days prior thereto, specifying the date service is to be discontinued; otherwise, they will be responsible for all water supplied to such premises until the utility department shall receive notice of such removal.

At the time specified by the customer that he expects to vacate the premises where service is supplied or that he desires to be discontinued, the meter will be read and a bill rendered which is payable immediately. In no case will the bill be less than the proportionate share of the monthly minimum specified in the schedule applying to the class or classes of service furnished.

B. Nonpayment of Bills.

1. Nonpayment. A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures listed in RRMC 13.15.090. Restoration of service may be made after the requirements listed in RRMC 13.15.100 have been met. Unpaid charges may be recovered in an action at law in the name of the city.

2. Discontinued at Other Locations. If a customer receiving water service at more than one location becomes delinquent, water service at all locations may be discontinued to enforce collection of the delinquent account.

3. Miscellaneous Charges. Any amount due for labor, materials or miscellaneous items may be billed separately. However, if bills become delinquent, such charges may be included with the customer’s water account and water service may be discontinued at all locations until such amounts owing for labor, materials or miscellaneous items are paid.

4. Discontinuance for Failure to Pay or Connect to Sewer Facilities. Nonpayment of sewer facilities charge or failure to comply with any chapter, rules or regulations of the public works department shall be sufficient reason for discontinuance of water service.

C. Improper Customer Facilities.

1. Unsafe Facilities. The public works department may refuse to furnish water and may discontinue services to any premises without prior notice where plumbing facilities, appliances, or equipment using water are dangerous, unsafe, or not in conformity with the Plumbing Code of the State of Oregon.

2. Cross-Connections. A cross-connection is defined as any physical connection between the city of Rogue River’s water system and another source. The Oregon State Health Division and U.S. Public Health Service prohibit cross-connections. The public works department will not permit any cross-connection and will discontinue service to any premises where a cross-connection exists. Service will not be restored until the cross-connection is eliminated. Customers using water from one or more sources in addition to receiving water from the city of Rogue River’s water system on the same premises shall maintain separate systems for each; and the public works department’s water supply facilities shall be separated from any and all other systems by an air gap of a distance equal to twice the diameter of the supply side pipe, but never less than one inch.

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

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

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

6. Unauthorized Turn-On. Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed. The charges for shutting off the water at the main or removing the meter shall be computed as determined in this section. These charges shall be billed to the offending customer and water shall not be furnished to the premises or customer until such charges are paid and the public works department has reasonable assurance that the violation will not recur.

7. Noncompliance with Regulations. The public works department may, upon five days’ notice, discontinue service to a customer’s premises for failure to comply with any of the provisions of these regulations. [Ord. 96-264-O § 2; Ord. 94-241-O § 11].

13.15.120 Restoration of service.

Restoration of service after discontinuance for nonpayment of bill shall be made after payment of current and past due charges plus a service connection fee and posting a deposit equal to the average of the previous two months of billing.

Restoration of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse, or for noncompliance with any of the policies, rules or regulations will only be made after the irregularity has been corrected and the public works department has been assured that the irregularity will not recur. The charge due to correct the irregularity must be paid in full before service is restored. [Ord. 94-241-O § 12].

13.15.130 Meter error.

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

B. Meter Test.

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

2. On Customer Request. A customer may, giving not less than seven days’ notice, request the public works department to test the meter serving the premises. The public works department will require the customer to deposit the testing fee. This fee shall be determined by the public works director. The deposit will be returned to the customer if the test reveals the meter to over-register more than two percent under the standard test conditions; otherwise the deposit shall be retained by the public works department. Customers may, at their option, witness any meter tests which they request.

3. On Water Department Request. If, upon comparison of past water usage, it appears that a meter is not registering properly, the public works 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.

C. Adjustment of Bills for Meter Error.

1. Fast Meters. When, upon test, a meter is found to be registering more than two percent fast under normal operating conditions, the public works department will refund to the customer the full amount of the overcharge, based on corrected meter reading, not exceeding two regular billing periods that the meter was in use.

2. Slow Meters. When, upon test, a meter is found to be registering more than 10 percent slow, the utility 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.

3. Nonregistering Meters. The utility 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 either upon the customer’s prior use during the same season and under similar circumstances and conditions. [Ord. 94-241-O § 13].

13.15.140 Unusual demands.

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 public works department prior to taking such water.

Permission to take water in unusual quantities will be given only if the public works department facilities and other consumers are not inconvenienced. [Ord. 94-241-O § 14].

13.15.150 Access to property.

The duly appointed employees of the public works department, under the direction of the public works director, 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 purposes of inspecting connections, the conditions of conduits and fixtures, and the manner and extent in which the water is being used. The public works department does not, however, assume the duty of inspecting the customer’s line, plumbing and equipment and shall not be responsible therefor. [Ord. 94-241-O § 15].

13.15.160 Responsibility for equipment.

A. Responsibility for Customer Equipment. The public works 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 public works department be liable for loss or damage due to interruption of service or temporary changes in pressure. The customer shall be responsible for valves on his premises being turned off when the water service is turned on.

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

C. No reduction will be made in charges for water service for want of supply by the stoppage of customer’s lines from freezing or any other cause.

D. The city shall not be liable for damage to property caused by spigots, faucets, valves or other equipment that are open when water is turned on at the meter or curb stop, either when the water is turned on originally or when turned on after a temporary shut-down.

E. Responsibility for Public Works Department Equipment. Public works department equipment on the customer’s premises remains the property of the public works department and may be repaired, replaced, or removed by the public works 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 public works department equipment on his premises. The property owner must exercise reasonable care to prevent damage to equipment and must in no way interfere with its operation. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the utility operation and maintenance. [Ord. 94-241-O § 16].

13.15.170 Damage to city property.

The customer shall be liable for any damage to a meter or other equipment or property owned by the city which is caused by an act of the customer or his tenants, agents, employees, contractors, licensees or permittees, including the breaking or destruction of seals and locks by the customer on or near a meter.

If a meter is damaged by hot water from the customer’s line, the customer shall be required to pay for the cost of repairs to the meter and for the loss of revenue occasioned by the damage, and the customer shall immediately make the necessary corrections in his own water lines to prevent further damage to the meter.

In addition the customer shall be liable for any damages to third parties caused by damage to a meter and shall hold the city harmless and indemnify the city against any such claims by third parties. There is hereby created in such third parties a right of action against the property owner for such damage. [Ord. 94-241-O § 17].

13.15.180 Responsibility for service.

A. The city shall not be liable for high or low pressure connections, chemical, bacteriological or physical conditions, interruptions, or shortage or insufficiency of supply or any loss or damage occasioned thereby. The use of water upon the premises of the customer shall be at the risk of the customer and the responsibility of the city shall cease at the point of delivery of water. The point of delivery shall be at the customer’s side of the meter, or in case of privately owned water lines, the point of delivery shall be at the end of the city’s service line.

B. In case of shortage of supply, the city may give preference in the matter of furnishing service to customers as in its judgment shall be for the best interest of the city from the standpoint of public convenience or necessity.

C. Private water systems shall be maintained by the property owner, homeowners’ association, or other legal entity responsible for the private system. The city shall not be responsible for maintenance or repairs to private water systems. No water service shall be provided to private systems which are not approved by the current Oregon State Board of Health and maintained in accordance with its regulations. [Ord. 23-418-O § 68; Ord. 94-241-O § 18].

13.15.190 Interruptions in service.

The city, whenever it shall find it necessary or convenient for the purpose of making repairs or improvements to its system, may temporarily suspend the delivery of water. Anything herein contained to the contrary notwithstanding, the city shall not be liable for loss or damage caused from the interruption in service arising from any cause. [Ord. 94-241-O § 19].

13.15.200 Fire hydrants.

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

B. Moving a Fire Hydrant. When a fire hydrant has been installed in the location specified by the proper authority, the public works department has fulfilled its obligations. If a property owner or other party desires to change the size, type or location of the hydrant, he shall bear all costs of such changes. Any change in the location of a fire hydrant must be approved by the city council. [Ord. 94-241-O § 20].

13.15.210 Water service for fire sprinkler systems.

A. Purpose. Standby water service for fire sprinkler systems from two inches to 12 inches in size may be installed. A detector check meter shall be installed on all fire protection services to ensure that water for such service is not used for any purpose other than fire extinguishing. The city reserves the right to discontinue service if it is determined that water provided through the standby fire protection service is being used for any purposes other than fire extinguishing.

B. Charge for Service. The customer shall pay the total actual cost of installation plus a monthly meter rental at the rate established by resolution. The meter shall remain the property of the city.

C. Pressure and Supply. The city shall not be liable for any loss or damage caused by lack of water or pressure, and agrees to furnish only such quantities and pressures as are available in its general distribution system. The fire protection water service is subject to shut-downs and various required by the operation of the city system. [Ord. 94-241-O § 21].

13.15.220 Ground wire attachments.

The customer shall be liable for any damage to city property occasioned by electrical ground wire attachment to any plumbing. [Ord. 94-241-O § 22].

13.15.230 Suspension of rules.

No employee of the public works department is authorized to suspend or alter any of the policies, rules and regulations cited herein without specific approval or direction of the city council, except in cases of emergency involving loss of life or property or which would place the water system operation in jeopardy. [Ord. 94-241-O § 23].

13.15.240 Allowance for leakage.

Where a leak exists underground between the meter and the building and the same is repaired within 10 days after the owner, agent or occupant of the premises has been notified of such leakage, the city may allow an adjustment of 50 percent of the estimated excess consumption. [Ord. 94-241-O § 24].

13.15.250 Violations.

It shall be unlawful for any person, firm or corporation, not authorized by the city to do, commit or assist in committing any of the following things or acts in the city:

A. To open or close any fire hydrant, valve or any other apparatus connected with the water works system of the city or lift or remove the cover of any gate, meter, valve, shut off or any apparatus thereof.

B. To interfere with, destroy, deface, impair, injure or force open any gate, or door, or in any way whatsoever destroy, injure or deface any part of any pump house, reservoir, standpipe, tank, building or buildings, or appurtenance, fences, trees, shrubs, or fixtures or property appertaining to the water works system.

C. To go in, upon, descend or ascend the stairway or steps of any water storage tank, reservoir, or standpipe of the water works system.

D. To place any telegraph, telephone, electric light pole or any obstruction whatsoever within three feet of any fire hydrant.

E. To resort to any fraudulent device or arrangement for the purpose of procuring water for himself or others from private connections on premises contrary to the city regulations or ordinance.

F. To interfere with or injure any reservoir, tank, fountain, hydrant, pipe, cock, valve, or other apparatus pertaining to the water works system, or to turn on or off the water in any street hydrant or other public water fixture or to hitch or tie any animal thereto.

G. To make or permit to be made any connection with the main or service pipe of the water works system, or to turn on or use the water of said system without first obtaining a permit therefor.

H. To cover over or conceal from view any water valve box, service or meter box.

I. To remove any water meter that has been placed by the city, or to in any manner change, interfere with or tamper with any water meter.

J. To turn on the water supply to any building or to any supply pipe where the supply has been turned off by the city. [Ord. 94-241-O § 25].

13.15.260 Penalties.

A violation of this chapter shall be punishable by a fine not to exceed $1,000. Every day the violation continues or is permitted to continue in violation of this chapter shall be considered a separate offense. Offenses under this section shall be tried in the municipal court as a violation and not as a crime. As a violation there is no right to jury trial or court-appointed counsel. [Ord. 94-241-O § 26].

13.15.270 Additional remedies.

A. In addition to the penalties provided in RRMC 13.15.260, the city may sue in a court of competent jurisdiction to obtain a judgement for a fee due under this chapter and enforce collection of the judgement by execution.

B. The city may seek an injunction to prohibit a person from engaging in any activity regulated herein without first complying with this chapter.

C. In an action authorized by this section, if the city prevails, it shall recover reasonable attorney fees to be set by the court in addition to its costs and disbursements. These fees are recoverable at all levels of trial and appeal.

D. Whenever a fee required by this chapter is not paid when due, the city recorder shall add as a penalty to the fee an amount equal to 10 percent of the fee for each month or part thereof during which the fee and accumulated penalty amounts remain unpaid. The total amount of penalties shall not exceed 100 percent of the original fee. [Ord. 94-241-O § 27].