Chapter 13.15
WATER RATES, CHARGES, RULES AND REGULATIONS
Sections:
13.15.010 Rules and regulations.
13.15.020 Definitions of general terms.
13.15.040 Application for service.
13.15.100 Billing and payments.
13.15.120 Discontinuance of service.
13.15.130 Reconnection of service.
13.15.160 Responsibility for equipment.
13.15.190 Suspension of rules.
Prior legislation: Ord. 91.
13.15.010 Rules and regulations.
(1) Short Title. This chapter shall be known as “rates, rules and regulations for the operation of the water department of the city of Sisters, Deschutes County, Oregon,” and may be so cited and pleaded.
(2) Scope. The water department and all customers receiving services from the water department, whether inside or outside the city limits, are bound by these rules and regulations of the water department. [Ord. 256B § 1, 1996].
13.15.020 Definitions of general terms.
Applicant. Whenever the word “applicant” is used, it shall mean the person or persons, firm or corporation making application for water service from the water department under the terms of these regulations.
City. Whenever the word “city” is used, it shall mean the legally constituted municipal government of the city of Sisters, Deschutes County, Oregon.
Council. Whenever the word “council” is used, it shall mean the legally elected group of members composing the council, including the mayor, of the city of Sisters, Oregon.
Customer or User. Whenever the word “customer” or “user” is used, it shall mean the applicant who has been accepted under the terms of these regulations and who receives water service from the water department.
Public Works Superintendent. Whenever the words “public works superintendent” are used, they shall mean the person appointed by the council to superintend the affairs of the water department.
Water Department. Whenever the words “water department” are used, they shall mean the water department of the city of Sisters, Oregon. [Ord. 256B § 2, 1996. Code 2002 § 13.12.010].
13.15.030 Service area.
The area served by the water department shall be all that area included within the corporate limits of the city of Sisters and such other contiguous and neighboring territory as the council shall, from time to time, deem necessary to serve.
The water department shall not be liable for damage resulting from the interruption in service or from the lack of service. Temporary suspension of service by the water department for improvements and repairs will be necessary occasionally. Whenever possible, and when time permits, all customers affected will be notified prior to shutdowns.
(1) Quality. The water department will exercise reasonable diligence to supply safe and potable water at all times.
(2) Ownership of System. All water mains, valves, fittings, hydrants and other appurtenances, except “customer service lines” as defined in SMC 13.15.060(1), shall be the property of the water department.
(3) Classes of Service. The classes of service shall be residential, commercial, standby fire and contract as further qualified by the number after the class as follows:
1. Inside City Limits
2. Outside City Limits
(a) Residential Service. Residential services shall consist of all services for domestic purposes, single-family dwellings, homes and municipal purposes.
(b) Commercial Service. Commercial services shall consist of those services where water is used for commercial services, such as businesses and multifamily dwellings.
(c) Standby Fire. Standby fire service shall consist of those services where water is available or used for fire protection only.
(d) Contract Service. Contract services shall consist of those services for industrial or independent water district purposes under contract authorized by the council.
(4) Special Contracts. When the applicant’s requirements for water are unusual or large, such as in independent water districts, or necessitate considerable special or reserve equipment or capacity, the water department, by authorization of the council, reserves the right to make special contracts, the provisions of which are different from and have exceptions to the regularly published water rates, rules and regulations. This special contract shall be in writing, signed by the applicant and approved by the council and city attorney and signed by the mayor and city recorder of the city of Sisters.
(5) Resale of Water. Resale of water shall be permitted only under special contract, in writing, between the council and the persons, parties, or corporation purchasing water.
(6) Service Preference. In case of shortage of supply, the water department reserves the right to give preferences in the matter of furnishing service to customers and interests of the water department from the standing of public convenience or necessity. Water service to users outside of the city limits shall at all times be subject to the prior and superior rights of the customers within the city limits. [Ord. 256B § 3, 1996. Code 2002 § 13.12.020].
13.15.040 Application for service.
(1) Application Form. Each applicant for water service shall sign an application form provided by the water department giving the date of application, location of premises to be served, the date applicant desires services to begin, purpose for which service is to be used, the address for mailing of the billings, the class and the size of the meter service and such other information as the water department may reasonably require. In signing the application, the customer agrees to abide by the rules and regulations of the water department. The application is merely a written request for service and does not bind the water department to serve.
(2) Deposits and Establishment of Credit. At the time application for service is made, the applicant shall establish his credit with the water department.
(a) Establishment of Credit. The credit of the applicant will be deemed established when the applicant shall make a cash deposit with the water department to secure the payment of bills for service. The deposit shall be a sum equal to the estimated bill for two months’ service but not less than an amount to be established by council resolution and published in the current water rate schedule.
(b) Deposits. At the time the deposit is given to the water department, the applicant will be given a receipt for the same. The deposit is not to be considered as a payment on account. In the event the service is discontinued, the deposit will be applied to the closing bill and any amount in excess of the closing bill will be refunded. The water department will not pay interest on any deposit.
(c) Forfeiture of Deposit. If an account becomes delinquent and it is necessary to turn off the service, the deposit shall be applied to the unpaid balance due. Water service will not be restored to that premises or that customer at different premises until all outstanding bills due the water department have been paid and the cash deposit replaced, together with a service charge as provided in SMC 13.15.100(6).
(d) Refund of Deposit. If the customer has made timely payment of monthly utility bills for 24 consecutive months, the deposit will be refunded through a credit to the customer’s utility account.
(e) Reinstatement of Deposit. If a customer’s monthly utility bill account becomes delinquent after the refund of the deposit, the customer will be required to reestablish the deposit at current rate under subsection (2)(b) of this section.
(3) Applicant Amendments. Customers desiring a material change in the size, character, or extent of equipment or operation which would result in a material change in the amount of water used shall give the water department written notice of such change prior to the change and the application for service shall be amended. Customers desiring a change in the size, location, or number of services shall fill out an amended application. [Ord. 395 § 1, 2010; Ord. 256B § 4, 1996. Code 2002 § 13.12.030].
13.15.050 Main extensions.
(1) Within the City Limits. Water main extensions to areas within the city limits not presently served with water shall be installed pursuant to the city of Sisters’ public works standard. Subdividers for newly partitioned properties will assume all costs of water main extensions and all appurtenances.
(2) Outside the City Limits. Water mains outside the city limits shall be extended only at the expense of the customers served. The main extensions and appurtenances shall become the property of the city of Sisters after all requirements in the public works standards have been completed. The city shall approve the size of the main extensions. The installation procedures and material use shall be in accordance with the city of Sisters public works standards and the state of Oregon standards.
(3) Locations of Extensions. The water department will approve water main extensions only on rights-of-way, easements, or publicly owned property. Easements or permits secured for main extensions shall be obtained in the name of the city of Sisters, along with all rights and title to the main at the time the service is provided to the customers paying for the extension. [Ord. 256B § 5, 1996. Code 2002 § 13.12.040].
13.15.060 Services.
(1) Definition. The “service connection” shall be that part of the water distribution system which connects the meter to the main and shall normally consist of corporation stop, service pipe, two angle meter stops, meter, and meter box. The “customer service line” shall be that part of the piping on the customer’s property that connects the service to the customer’s distribution system.
(2) Ownership, Installation, and Maintenance. The water department shall own, install and maintain all services and installation and maintenance shall only be performed by authorized employees of the water department. The customer shall own, install, and maintain the customer service line.
(3) Service Connection Charge. When an applicant files for service where no service previously existed, or if the applicant is filing for a change in service size or location, the applicant will be assessed a charge to cover the actual cost to the water department to install the service from the main to, and including, the meter and the meter housing. The service connection charge shall be as determined by the water department in the current published water rate resolution.
(4) Size of Service. The water 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 water department. The minimum size of service shall be three-fourths inch. The water department may refuse to install a service line which is undersized or oversized as determined by a study and report of the public works superintendent.
(5) Changes in Service Size. Permanent changes in the size of the service line requested by the customer shall be paid by the customer on the basis of actual cost to the water department plus 15 percent, for making the change.
(6) 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 to the property to be served for the standard connection fee, provided the length of service line does not exceed the width of the right-of-way.
Where the main is on an easement or publicly owned property other than designated rights-of-way, the services shall be installed to the boundary of the easement, or public property, by the water 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 water department for labor, materials, and equipment plus 15 percent.
(7) Joint Service Connections. The water department may, at its option, serve two or more premises with one connection; however, the current minimum monthly fee and the bond repayment shall be charged for each dwelling unit. Overage shall be determined by the meter reading. On new service connections, the inside diameter of such joint lines shall be sufficient to provide a carrying capacity of not less than the combined capacity of individual service lines of the same size as the meters installed.
Service extensions from an existing service to 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 considerations approved by the council.
(8) Number of Service Connections on Premises. The owner of a single parcel of property may apply for and receive as many services as he and his tenants may require, provided each dwelling unit pays the current monthly fee and bond repayment fee, and his application or applications meet the requirements of the policies, rules and regulations.
(9) Standby Fire Protection Service Connections.
(a) Purpose. Standby fire protection service connections of two-inch size and larger will be installed only if adequate provisions are made to prevent the use of water from such services for purposes other than fire extinguishing. Sealed fire sprinkler systems with water-operated alarms shall be considered as having such provisions. The water department requires that a suitable detector check meter be installed in the standby fire protection service connections, to which hose lines or hydrants are connected. All piping on the customer’s premises shall be installed in accordance with the plumbing code of the state of Oregon and Chapter 13.35 SMC, Water Supply Cross-Connection Policy.
(b) Charges for Service. Charges for standby fire protection service will be stated in the adopted water rate resolution. No charge will be made for water used in the standby fire protection services to extinguish accidental fires or for routine testing of the fire protection system. The customers shall pay the full cost of the standby protection service connection, any required detector check meters, and any required special water meter installed for the service to the standby connection.
(c) Violations of Regulations. If water is used from a standby pipe connection service in violation of these regulations, an estimate of the amount used will be computed by the water department. The customer shall pay two times the regular rate charged for water, including the minimum charge based on the size of the service connection and subsequent bills rendered on the basis of the regular water rates.
(10) Fire Service Connections Other Than Standby. A service having fire protection facilities on the premises and water for other purposes flowing through the same service connection shall be considered as an ordinary service and metered as such. All water used through that service, regardless of its use, will be charged at the regular rates.
(11) Temporary Service Connections. For water service of a temporary nature, applicants shall be required to pay in advance the estimated cost of installation and removal of metering equipment and materials, plus a reasonable depreciation charge for the use of equipment and material furnished by the water department. The applicant shall also pay his water bill in advance and based on an estimate of the quantity to be used, or he shall otherwise establish satisfactory credit.
(a) Time Limit. Temporary service connections shall be disconnected and terminated within six months after installation unless an extension of time is granted in writing by the water department.
(b) Charge for Water Served. Charges for water furnished through a temporary service connection shall be at one and one-half times the established city rate set forth in the current water rate resolution.
(c) Installation Charge and Deposits. The applicant for temporary service will be required:
(i) To pay the water department, in advance, the estimated cost of installing and removing all facilities necessary to furnish each service.
(ii) 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 water department.
(iii) To deposit with the utility an amount equal to the value of any equipment loaned by the water department to such applicant under the terms of subsection (11)(d) of this section.
(d) Responsibility for Meters and Installation. The customer shall use all possible care to prevent damage to the meter or to any other loaned facilities of the water department. If the meter or other facilities are damaged, the cost of making repairs shall be deducted from the deposit fund. If the loaned materials are returned in satisfactory condition and all bills paid, the full amount of the equipment deposit will be returned to the temporary customer at the termination of service.
(12) Customer’s Plumbing.
(a) Plumbing Code. The customer’s plumbing, which shall include the customer’s service line and all plumbing, piping, fixtures and other appurtenances carrying or intended to carry water, sewer, or drainage, shall comply with the plumbing code of the state of Oregon.
(b) 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 appurtenances on the service connection. [Ord. 256B § 6, 1996. Code 2002 § 13.12.050].
13.15.070 Meters.
(1) Ownership. The water department will own and maintain all water meters. The water department will not pay rent or any other charge for a meter or other water facilities, including housing and connections on a customer’s premises.
(2) Installation. Installation of water meters shall be performed only by authorized employees of the water department. All meters shall be sealed by the water department at the time of installation, and no seal shall be altered or broken except by one of its authorized employees.
(3) The Size and Type of Meter. Applicant may request and receive any size meter regularly stocked or furnished by the water department, provided the request is reasonable; and further provided, that the meter is not greatly oversized or undersized, as determined by the public works superintendent. The water department reserves the right to determine the type of meter to be installed.
(4) 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 water department. The meters will not be located in driveways or other locations where damage to the meter or its related parts may occur.
(5) Joint Use of Meters. The joining of several customers to take advantage of the single minimum charges and large quantity rates shall be prohibited, except under special contract, in writing, with council.
(6) Changes in Size or Location. If, for any reason, a change in the size of a meter and service is required, the installation will be accomplished on the basis of a new connection, and the customer’s application shall be amended. Meters or services moved for the convenience of the customer will be relocated only at the customer’s expense plus 15 percent. Meters and service shall be moved by water department personnel only.
(7) Meter Reading. Whenever possible meters shall be placed in public right-of-way. Meters shall be accessible to meter reader at all times. No structure, fence or object shall be placed in public right-of-way that impedes meter reading access. [Ord. 256B § 7, 1996. Code 2002 § 13.12.060].
13.15.080 Water rates.
The water rates to be charged for each class of service, including minimum charges, charges for water used over the minimum, service connection charges, and all other charges including deposits, shall be established by council resolution and known as the current adopted water rate resolution, which shall be maintained by the city administrator’s office. Upon request, the water rate resolution shall be made available to the public by the city administrator. [Ord. 256B § 8, 1996. Code 2002 § 13.12.070].
13.15.090 Notices.
(1) Notices to Customers. Notices from the water department to the customer will normally be given in writing and either mailed to or delivered to him at his last known address. Where conditions warrant and in emergencies, the water department may notify either by telephone or messenger.
(2) Notices from Customers. Notices from customer to the water department may be given by the customer or his authorized representative orally or in writing at the office of the water department in the City Hall. [Ord. 256B § 9, 1996. Code 2002 § 13.12.080].
13.15.100 Billing and payments.
(1) Meter Readings. Meters will be read and customers billed on the basis of the meter reading. The water department will keep an accurate account on its books of all readings of meters and such account so kept shall be offered at all times, places, and courts as prima facie evidence of the use of water service by the customer.
(2) Rendering of Bills.
(a) Billing Period. All meters shall be read and bills rendered therefor monthly.
(b) Bills for Other Than Normal Billing Period. Opening or closing bills shall be prorated and one-half minimum charge plus usage above 5,000 gallons for a normal billing period.
(c) Bills for More Than One Meter. All meters supplying a customer’s premises shall be billed separately, except that where the water department has for operating purposes installed two or more meters in place of one, the reading may be combined for billing.
(3) Disputed Bills. When a customer disputes the correctness of a bill, he shall submit the dispute in writing to the water department and 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 subsection (6) of this section.
(4) 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.
(5) Payment of Bills. Each bill rendered shall contain the final date on which payment is due. Any outstanding balances not paid by that date shall be considered delinquent, unless other arrangements have been made with the water department in writing that specify another due date.
(a) The owner of record of the premises served by the water system shall be responsible for payment of water user charge, notwithstanding the fact that the property may be occupied by a person or parties other than the owner.
(6) Delinquent Accounts.
(a) Delinquent Notice. A notice of account delinquency shall be sent to each delinquent account if the account becomes more than 10 days delinquent.
(b) An administrative charge set by council resolution and listed in the current adopted master fee schedule shall be added to the account if the account becomes more than 15 days delinquent.
(c) Disconnect Notice. If the account remains delinquent for more than 20 days, the city may discontinue water service to that account. At least 24 hours prior to the discontinuance of the water service for delinquency, a disconnect notice shall be left at the premises receiving the water service. The disconnect notice shall state that water services shall be turned off unless all delinquent amounts and charges are paid with 24 hours of the notice delivery.
(d) If the customer disputes the amount due on the account, the customer shall have seven days from the date of the delinquent notice to file a written request to have the account reviewed by the city manager. The request shall state the reasons why the customer believes the amount to be in error.
(i) Any customer seeking timely review of a water bill in writing shall be heard before discontinuation of water service. The hearing shall be held by the city manager or other person so designated by the council. The decision by the city manager or other person designated by the council shall be final.
(ii) Based on the findings of the hearing, appropriate adjustments shall be made to the customer’s account. Any amount due on the account after adjustments are made shall be paid within the time ordered by the city. If the amount is not paid, the water service shall be discontinued following the payment due date ordered by the city.
(e) Service Turnoff. On the turnoff date, the meter reader or other agent of the city of Sisters shall:
(i) Immediately thereafter turn off the service;
(ii) Deliver written notice to the customer, or customer’s premises, stating the water service is being turned off until all the delinquent amounts have been paid.
(f) Service Charge. In all instances where water has been turned off because of delinquent accounts, a service charge, to be established by council resolution and listed in the current adopted master fee schedule, shall be made for the restoration of services and replacement of cash deposit, as stated in SMC 13.15.040, will be required. The meter reader or other agent of the city is not authorized to receive city service payments.
(7) Installment Payments of Delinquent Accounts. In cases of extreme hardship, the city manager or designee 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, installment period not to exceed the period of time the account was delinquent. [Ord. 430, 2013; Ord. 399, 2010; Ord. 256B § 10, 1996. Code 2002 § 13.12.090].
13.15.110 Meter error.
(1) Meter Accuracy. All meters will be tested prior to installation. No meter will be placed in service or allowed to remain in service which is known to have an error in registration in excess of two percent under conditions of normal operation.
(2) Meter Test.
(a) Standard Test. Meter tests will be conducted in accordance with standards of practice established by the American Water Works Association.
(b) On Customer Request. A customer may, giving not less than seven d‘ays’ notice, request the water department to test the meter servicing his premises. The water department will require the customer to deposit the testing fee. This fee shall be for meters three-fourths inch and smaller, and for meters larger than three-fourths inch shall be an estimate of the cost of testing the meter as determined by the public works superintendent. The deposit will be returned to the customer if the test reveals the meter to overregister more than two percent under the standard test conditions. Customers may, at their option, witness any meter tests which they request.
(3) Adjustments of Bill for Meter Error.
(a) No credits or debits will be borne by the city or the customer should the tested meter show variance, high or low, from the accuracy defined in subsection (1) of this section except that, should the test indicated in subsection (2) of this section indicate in error in favor of the customer, the city will credit the customer’s bill on a prorated basis from the date upon which the customer requested the meter test or from the date of the closest meter reading pursuant to subsection (2)(b) of this section.
(b) Nonregistering Meters. The water department will bill the customer for water consumed while the meter was not registering. The bill will be computed upon an estimate of consumption based either upon the customer’s prior use during the same season of the year, or upon a reasonable comparison with the use of other customers receiving the same class of service during the same season and under similar circumstances and conditions. [Ord. 256B § 11, 1996. Code 2002 § 13.12.100].
13.15.120 Discontinuance of service.
(1) On Customer Request. Each customer about to vacate any premises supplied with water service by the water department shall give the water department written notice of his intentions at least two days prior thereto, specifying the date service is to be discontinued; otherwise, he will be responsible for all water supplied to such premises until the water 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, either temporarily or permanently, 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 one-half of the monthly minimum specified in the schedule applying to the class or classes of service furnished.
(2) Nonpayment of Bills. A customer’s water service may be discontinued if the water bill is not paid in accordance with the procedures listed in SMC 13.15.100(6).
(3) Improper Customer Facilities.
(a) Unsafe Facilities. The water department may refuse to furnish water and may discontinue services to any premises without prior notice where plumbing facilities, appliances, or equipment using water is dangerous, unsafe or not in conformity with the plumbing code of the state of Oregon and Chapter 13.35 SMC, Water Supply Cross-Connection Policy.
(b) Cross-Connections. A “cross-connection” is defined as any physical connection between the water department’s system and another water supply.
The Oregon State Health Division and the U.S. Environmental Protection Agency prohibit cross-connections.
The water department will not permit any cross-connection and will discontinue service to any persons or premises where a cross-connection exists. Service will not be restored until the cross-connection is eliminated, or proper backflow devices installed. Customers using water from one or more sources in addition to receiving water from the water department on the same premises shall maintain separate systems for each; and the water department’s water supply facilities shall be separated from any and all other systems by an air gap of not less than one foot, or if in the ground, by not less than five feet.
(4) Water Waste. Where water is wastefully or negligently used on a customer’s premises, seriously affecting the general service, the water department may discontinue service if such conditions are not corrected after due notice by the water department.
(5) Service Detrimental to Others. The water department may refuse to furnish water and may discontinue service to any premises where excessive demands by one customer will result in inadequate service to others.
(6) Fraud or Abuse. The water department will refuse or discontinue service to any premises where it is deemed necessary to protect the water department from fraud or abuse. Discontinuance of service for one or both of these causes will be made immediately upon receipt of knowledge by the water department that the condition or conditions exist.
(7) Unauthorized Turnon. Where water service has been discontinued for any reason and the water is turned on by the customer or other unauthorized person, the water may then be shut off at the main or the meter removed. The charges for shutting off the water at the main or removing the meter shall be established by council resolution and listed in the current adopted water rate resolution. 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 water department has reasonable assurance that the violation will not reoccur.
(8) Noncompliance with Regulations. The water department may discontinue service to a customer’s premises for failure to comply with any of the provisions of these regulations.
(9) Customer Request for Shutoff. Customer requests for shutoff and turnon for maintenance purposes shall be charged an amount to be set by council resolution, per occurrence. A shutoff and turnon shall be deemed to be one occurrence. If a customer installs a stop and waste valve on the customer’s side of the meter, the customer shall not be charged for the shutoff and turnon at the time of installation. Customer requests for shutoff and turnon after normal working hours, including holidays and the weekends, for maintenance purposes, shall include a charge to be determined by council resolution pursuant to the current adopted water rate resolution, per occurrence. [Ord. 256B § 12, 1996. Code 2002 § 13.12.110].
13.15.130 Reconnection of service.
Reconnection of service after discontinuance for nonpayment of bills shall be made after payment of current and past due charges plus a reconnection charge as listed in the current adopted water rate resolution and posting a deposit, equal to the current adopted water rate resolution, as hereinbefore provided.
Reconnection of service after discontinuance of service for unsafe facilities, water waste, fraud, abuse, or for noncompliance with any of the policies, rules and regulations will only be made after the irregularity has been corrected and the water department has been assured that the irregularity will not reoccur. The reconnection charge shall be the amount listed in the current adopted water rate resolution plus any other charges due or past due that the water department may have incurred to correct the irregularity. [Ord. 256B § 13, 1996. Code 2002 § 13.12.120].
13.15.140 Unusual demands.
When an abnormally large quantity of water is desired for filling a swimming pool or log pond, or for other purposes, requests must be made with the water department prior to taking such water.
Permission to take water in unusual quantities will be given only if the water department facilities and other customers are not inconvenienced. [Ord. 256B § 14, 1996. Code 2002 § 13.12.130].
13.15.150 Access to property.
All duly appointed employees of the water department, under the direction of the public works superintendent, shall have reasonable access at all reasonable hours of the day to unoccupied or unattended dwelling units, including any and all parts of structures and premises in which water is or may be delivered, for the purposes of reading meters, inspecting connections, the condition of conduits and fixtures, and the manner and extent in which the water is being used, if the employee has a reasonable belief that a water emergency exists or that the customer is using the water system in an unsafe or improper manner. In any event, the water department may inspect the customer’s water system upon 24 hours’ written notice. The water department does not, however, assume the duty of inspecting the customer’s line, plumbing and equipment, and shall not be responsible therefor. [Ord. 256B § 15, 1996. Code 2002 § 13.12.140].
13.15.160 Responsibility for equipment.
(1) Responsibility for Customer Equipment. The water department shall not be liable for any loss or damage of any nature whatsoever caused by any defect in the customer’s line, plumbing or equipment, nor shall the water department be liable for loss or damage due to interruption of service or temporary changes in pressure.
The customer shall be responsible for valves on his premises being turned off when the water service is turned on.
(2) Responsibility for Water Department Equipment. Water department equipment on the customer’s premises remains the property of the department and may be repaired, replaced or removed by the department employees at any time without consent of the customer. No payment will be made to the property owner for the right to install, maintain, replace or remove water department equipment on his premises. The property owner must keep vicious dogs or other animals secured or confined to avoid interference with the utility operation and maintenance.
(3) Damage to Water Department Equipment. The customer shall be liable for any damage to equipment owned by the water department which is caused by an act of the customer, his tenants, agents, employees, contractors, licensees, or permittees. Damage to equipment shall include but not be limited to breaking of seals and locks, tampering with meters, injury to meters, including but not limited to damages by hot water or steam, and damaged meter boxes, curb stops, meter stops and other appurtenances. [Ord. 256B § 16, 1996. Code 2002 § 13.12.150].
13.15.170 Fire hydrants.
(1) Operation. No person or persons other than those designated and authorized by the water department shall open any fire hydrant belonging to the water 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 by the person requesting the temporary service to control the flow of water.
(2) Moving a Fire Hydrant. When a fire hydrant has been installed in the locations specified by the proper authority, the water department has fulfilled its obligation. If a property owner or other party desires to change the size, type, or location of the hydrant, he shall bear all costs of such changes. Any changes in the location of a fire hydrant must be approved by the water department and the fire department. [Ord. 256B § 17, 1996. Code 2002 § 13.12.160].
13.15.180 Penalties.
Any person violating any of the provisions of these rules and regulations shall, upon conviction thereof, be punished by a fine not exceeding $500.00 per violation. [Ord. 256B § 18, 1996. Code 2002 § 13.12.170].
13.15.190 Suspension of rules.
No employee of the water department is authorized to suspend or alter any of the policies, rules and regulations cited herein without specific approval or direction of the city administrator, except in cases of emergency involving loss of life or property or which would place the water system in jeopardy. [Ord. 256B § 19, 1996. Code 2002 § 13.12.180].
13.15.200 Easement.
Each applicant and user gives and grants to the city of Sisters an easement and right-of-way on and across his property for the installation of water mains and the necessary valves and equipment in connection therewith. [Ord. 256B § 20, 1996. Code 2002 § 13.12.190].