Chapter 13.04
WATER SERVICE SYSTEM
Sections:
13.04.030 Establishing, restarting, or changing service.
13.04.080 Billing and collection.
13.04.090 Discontinuance of service.
13.04.100 Customer responsibility.
13.04.120 Violations—Penalties.
13.04.010 Definitions.
The following terms, whenever used in this chapter, shall be construed as follows unless the context clearly requires a different meaning:
“Applicant” means a person(s), firm, corporation, association or agency applying for water service.
“City” means the city of Sutherlin, a municipal corporation of the state of Oregon.
“City council” means the governing body of the city.
“City manager” means the city manager of the city of Sutherlin, or the manager’s designee.
“City water department” means the unit(s) of city organization or employee designated by the city manager to perform the functions required by this chapter.
“Commercial” means all service to mercantile establishments, professional offices, public or governmental buildings, hospitals, retirement homes, churches, combined residential and commercial/mercantile businesses, apartment houses and mobilehome parks, except those in which each unit is metered separately.
“Cross-connection” means any arrangement whereby the city water supply is connected directly or indirectly with any nonpotable or unapproved water supply system, sewer, drain, conduit, pool, storage reservoir, plumbing fixture, or other device which contains, or may contain, contaminated water, liquid, solids, gases, sewage, or other waste of unknown or unsafe quality which may be capable of imparting contamination to the public water supply as a result of backflow.
“Customer” means a person, firm, corporation, association or agency receiving water service.
“Discontinued water service” means the termination of water service. This is normally done by shutting off the city valve at the meter to the customers’ premises, but may also be done by removing the meter.
“Fire protection service” means provision of water to premises for automatic fire protection.
“Industrial” means the use of water for manufacturing or processing activities.
“Irrigation system” means a system for supplying water to landscaping and/or growing crops, which includes a separate pressurization system.
“Mains” means unmetered distribution lines located in public ways or way which are used to serve the general public.
“Premises” means the property or area, including improvements, to which water service is or will be provided.
“Residential” means the use of water for household purposes, on property zoned for residential use.
“Service connection” means the pipe, valves, meters and other facilities by means of which the city water department conducts water from its mains to and through the meter, not including the service line. A service connection serves a single building.
“Service line” means the piping from the meter to the premises served.
“Water meter” means a device for measuring the flow of water, attached between a water main and the customer’s service line, but not any measuring device which the customer may choose to install in the service line past the city’s water meter.
“Water service” means, consistent with this chapter, the provision of water by the city to a premises at the request of a customer or property owner. (Ord. 990 § 1, 2008; Ord. 769 § 1, 1989)
13.04.020 Administration.
A. The city manager shall maintain and operate the city waterworks system, and all its related equipment, shall collect all revenues required, shall implement the policies of the city council regarding water service and shall perform other work as directed by the city council.
B. All revenues shall be accounted for in a manner satisfactory to the city council and shall be deposited regularly in the city treasury in a special fund known as the water fund. (Ord. 769 § 2, 1989)
13.04.030 Establishing, restarting or changing service.
A. Application Form. Each applicant for water service shall sign an application form provided by the city water department. There shall be only one application per meter connection. Each application shall be dated, shall state the location of the premises, whether the premises has been served before, whether the applicant(s) has ever been a customer of the city water department before, the date on which the applicant(s) wishes to have service begin, the purpose for which the service is to be used, the address for mailing of bills, the applicant’s address, the class of service and such other information as the city water department may reasonably require. In signing the application, the applicant(s) agrees upon receiving water service to abide by the rules and regulations of the city water department. The application is merely a request for service and does not bind the city water department to provide service.
B. Changes in Service. Customers anticipating a material change in the amount of water used shall give the city 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 a new application and submit any necessary additional fees and/or deposits.
C. Deposits.
1. Deposit. At the time application is made, the applicant shall pay a deposit in such amount as set by council resolution. At the time the deposit is given to the water department, the applicant shall be given a receipt for the deposit. The deposit is not to be considered a payment on account. Interest shall not be paid on deposits.
2. Return of Deposit. A customer’s deposit shall be returned when the customer has established a history of two years of payments without delinquency. If a customer has a delinquency during the first two years, the deposit shall be kept until the customer has twenty-four (24) consecutive calendar months free of delinquency. In any event, a customer’s deposit shall be returned when service is discontinued; provided, that all outstanding charges have been paid.
3. Forfeiture. If an account becomes delinquent and it is necessary for the city water department to disconnect the service, water service shall not be restored to that location until the outstanding bill to the city water department has been paid and the deposit replaced. If customer had a deposit returned to them at an earlier date, they will be required to supply a new deposit at this time in accordance with subsection (C)(1) and (C)(2) of this section.
D. Establishing a Service Connection Outside the City Limits. A request to establish a new service connection to a premises located outside the city’s corporate limits shall be reviewed and approved or denied by the city manager. The city manager shall only approve an application which clearly demonstrates:
1. The premises is within the urban service area designated in the city’s comprehensive plan and is zoned for residential use;
2. The structure to be served existed on the premises before June 1, 1989, and been served by a private water system that has failed for volume of water or for quality of water and the failure is not the result of any intentional act of the occupant;
3. The occupants of the premises physical health is endangered unless the premises receives city water service;
4. The applicant has provided financial assurances to the city council’s satisfaction demonstrating the occupant’s ability to pay for the cost of extending water service; and
5. The applicant consents to and, contemporaneous with approval, records in the official records of Douglas County a statement acknowledging the city has provided water service on the following conditions:
a. That the water shall be used only for domestic purposes and may not be used for irrigation, commercial or industrial purposes;
b. That in the event the city determines it lacks sufficient water to serve customers within the city or it is in the public interest of the citizens of the city, it may suspend or discontinue water service;
c. That the city makes no guarantee of adequate pressure or volume;
d. That the customer shall comply with all the city rules and regulations affecting water service and use; and
e. That failure to pay in full the connection fee required by the city later than sixty (60) days following the date of approval shall cause such permit for outside meter service to be rescinded.
E. Restarting Water Service Outside the City Limits. A request to restart water service to premises located outside the city’s corporate limits shall be reviewed and approved or denied by the city manager. The city manager shall only approve an application which clearly demonstrates:
1. The city has provided water service to the premises in the past;
2. The premises currently have a functional service connection, meter and service line; and
3. The applicant meets the requirements of Section 13.04.030(D)(5). (Ord. 1026 § 1, 2013; Ord. 990 § 2, 2008; Ord. 967 § 1, 2006; Ord. 909 §§ (A)—(C), 1999; Ord. 796 § 1, 1991; Ord. 769 § 3, 1989)
13.04.040 Main extensions.
A. Size and Quality. Water main extensions must be of an appropriate size for the location as set forth in the comprehensive plan, and of a quality sufficient to satisfy the requirements of the state of Oregon.
B. Cost. The cost of all water main extensions shall be borne by the adjacent properties along which the extensions are made, on a front-foot basis, except that the adjacent properties shall not be assessed in excess of the cost of installing a six-inch main, including all fittings and valves. Any cost in excess of what may be assessed to adjacent properties shall be borne by the applicant unless by prior written agreement with the city. The applicant desiring the extension shall arrange to have all necessary work performed, subject to the standards and approval of the city water department.
C. Location of Extension. The location of all water main extensions shall be subject to the approval of the city manager. All water main extensions shall be placed in a public right-of-way. If placed on private property, the owner of the property shall convey an easement to the city for a right-of-way in a form satisfactory to the city manager. Whenever a water main is extended, the extension shall be constructed so as to extend past the property benefitted and terminate at the boundary of the last property benefitted by the extension and the next abutting property owner not to receive water service on the application. If there is an intervening street, the main shall be extended to the middle of the street. In the event the last property benefitted by the extension abuts the corporate limits of the city, the property owner and the city manager shall make arrangements for the location of the termination of the extension. The decision of the city manager may be appealed to the city council. Except with the council’s prior approval, in no event shall an applicant be permitted to connect to the city water system until the water main is extended as provided in this section.
D. Plans for Expansion. The city manager shall periodically prepare a five-year plan for the improvement and expansion of the city water system to meet projected needs. This report shall be submitted to the city council for its approval or modification and approval.
E. Extension Outside of City Limits. The city water department may extend its water mains to service customers outside the city limits at the applicant’s cost when service outside the city limits has been approved under Section 13.04.030(D). (Ord. 990 § 3, 2008; Ord. 769 § 4, 1989)
13.04.050 Service lines.
A. Ownership. The customer shall own, install and maintain the service line.
B. Fee. A system development charge shall be assessed to any applicant who applies for water service where no service has previously existed, or who files for a change in the service size or location. The applicant shall submit with the application the necessary service connection charge.
C. Standards. A service line will be permitted in lieu of a main extension only when the city manager determines:
1. The city comprehensive plan shows no urban development or urban reserve beyond the premises to be served; and
2. There is no need to extend the water system beyond the premises to be served to interconnect water mains or for water storage as part of the waterworks system.
The decision of the city manager shall be final.
D. Installation of Service Lines. All service lines shall be installed according to the standards adopted by the city manager, and shall be inspected and approved by the city water department prior to use.
E. Number of Service Lines. Provided the use of the premises conforms to other city ordinances, the owner of a single parcel of property may apply for and receive as many services as the owner and occupants require.
F. Fire Protection Service Connections.
1. Purpose. Standby fire protection service connections shall be installed only if adequate provisions are made to prevent the use of water from the services for purposes other than extinguishing fires. Sealed fire sprinkler systems with water operated alarms shall be considered to have such provisions. The city water department may require that a suitable detector-check meter be installed in the standby fire protection service connections to which hose lines or hydrants are connected. All piping on the customer’s premises shall be installed in accordance with the plumbing code.
2. Charges. No charge shall be made for water used in the standby fire protection service to extinguish accidentally set fires by the customer or for routine testing of the fire protection system. No test of fire equipment may be conducted except by the city fire department, unless a special permit is first obtained from the city water department. The customer shall pay the full cost of the standby fire protection service connection, any required detector-check meters, and any required special water meter or other device required by the city water department and installed for the standby connection.
3. Violations. If water is used from a standby fire protection service in violation of these regulations, an estimate of the amount used shall be computed by the city water department. In addition to any penalty imposed by a court, the customer shall pay for the water used at twice the normal rates, including the minimum charge based on the size of the service connection, and subsequent bills shall be rendered on the basis of the regular water rates.
4. Pressure and Supply. The city assumes no responsibility for loss or damage because of lack of water pressure or volume. The city shall furnish only such water service in quantities and pressure as are available in its general distribution system. The service is subject to shut-downs and variations required by the operation of the system. (Ord. 990 § 4, 2008; Ord. 769 § 5, 1989)
13.04.060 Meters.
A. Ownership and Control. The city shall own and maintain all water meters. Installation of water meters shall be performed only by authorized employees of the city. All meters shall be sealed by the city at the time of installation, and no seal shall be altered or broken except by one of its authorized employees.
B. Size and Type of Meter. An applicant may request installation of any size meter regularly stocked or furnished by the city water department, provided that the request is reasonable, and further provided that the meter is not greatly oversized or undersized, as determined by the city water department. The city water department shall determine the size and type of meter to be installed.
C. Location of Meters. Water meters shall be placed on city property, public ways or public easements. Within budgeted resources, existing meters on private property shall be moved by the city to city property, public ways or public easements at city expense. If the relocation of the water meter should cause the installation of new water lines between the meter and the property served, the cost of pipe, labor and material shall be borne by the city.
D. Control Valves. The customer shall install a suitable valve at the time of installation or replacement of the water meter, as close to the meter as practical, the operation of which will control the entire supply of water to the premises. A customer shall not operate the city water valve in the meter box.
E. Damage to Meters. In case of injury to the water meter, or in case of its stoppage or imperfect operation, the customer shall give immediate notice to the city water department. If any meter becomes defective, or fails to register, the customer will be billed based on an average of the customer’s prior three months usage when the meter was working properly.
F. Accuracy of Meters. The accuracy of the meter for any premises will be tested by the city water department upon written request of the customer, who shall pay in advance a fee set by resolution to cover the cost of the test. If the test indicates that the meter is registering at least five percent fast, the advanced fee shall be returned and the city water department will refund to the customer the amount of the overcharge based on corrected meter readings for a period not exceeding the most recent three months the meter was in use. If the meter is found to be registering at least twenty-five (25) percent slow, the city water department may bill the customer for the amount of undercharge based upon corrected meter readings for a period not exceeding the most recent month the meter was in use.
G. Billing of Separate Meters. Each meter on the customer’s premises shall be considered separately and the readings of two or more meters will not be combined unless the city water department’s operating convenience requires the use of more than one meter. (Ord. 909 § (D), 1999; Ord. 769 § 6, 1989)
13.04.080 Billing and collection.
A. Reading of Meters. Meters shall be read at regular intervals for the preparation of bills and as necessary for the preparation of opening, closing and special bills. The city water department may estimate meter readings in cases where actual meter readings are not available and adjust billings when actual meter readings are obtained.
B. Frequency of Billing. Bills for water service shall be rendered at least bi-monthly. The city water department may:
1. Read meters and render bills for a shorter or longer period than two months;
2. Include with the regular water service billing the amount of any valid obligation due the city water department.
C. Payment of Bills.
1. Due Date. Each bill rendered shall contain the final date on which payment is due. The due date for payment shall be fifteen (15) days from its date of issuance.
2. Notice of Delinquency. The billing clerk shall cause a notice of delinquency to be mailed to water customers who have not paid their account in full by the due date. Such notice shall state, at a minimum, that disconnection of water service may occur within ten days following the mailing of the delinquency notice if the account should remain unpaid.
3. Late Charge. Bills not paid by the due date shall be assessed a penalty charge set by resolution.
4. Installment Payment Plan. When it is established that a water leak has occurred, the city manager or designee may enter into an installment payment plan with the customer for payment of that bill. Prior to executing an installment payment plan, the customer must provide proof that the subject leak has been repaired.
5. Adjustment of Bills. The City Manager or designee may adjust the amount due on a water bill in accordance with this section.
a. The amount due on a water bill may be adjusted only if the customer can demonstrate that:
i. The total amount due on the water bill is a result of a water leak that existed underground between the meter and the building and the leak was not caused by damaged automatic irrigation heads; and
ii. The leak was identified and fixed within 30 days of the initial water bill being mailed to the customer that included the increased water consumption caused by the leak; and
iii. The customer’s property has been inspected by City staff and determined to be free from any leaks.
b. The amount due on a water bill may be reduced up to 50% of the estimated excess water consumption. The estimated amount of excess water consumed as a result of the leak will be determined by subtracting the amount of water consumed by the customer the same month of the previous year from the amount of water consumed on the subject bill. If the customer does not have a year of consumption history, the estimated amount of excess water consumed as a result of the leak will be determined by subtracting the amount of water consumed the previous month from the amount of water consumed on the subject bill.
c. Bills adjusted in accordance with this section may be paid in installments in accordance with this Chapter.
D. Delinquent Accounts.
1. Notice of Delinquency. If a bill is not paid by the due date designated on the bill, a delinquent notice shall be mailed to the customer. If the bill is not paid in full within ten days of the mailing of the delinquent notice, water service, in the sole discretion of the city, may be disconnected.
2. Right to Appeal. Customers shall be notified of and have the opportunity to be heard by a city official or employee empowered to resolve any valid objections to the billing prior to the disconnection.
3. Hardship. In cases of extreme hardship, the city manager shall have the discretion of renewing service to a delinquent account upon receipt of a satisfactory installment payment plan for the overdue amount.
4. Turn-On Fee. When water service has been discontinued due to delinquency in payment, water service shall not be restored until such delinquent amounts have been paid. In addition, an additional “turn-on fee” shall be paid in advance of restoring water service.
E. Liens.
1. Delinquent water service charges shall be a lien against owner occupied premises served. On the date the delinquency notice is mailed, the amount of the delinquency shall be entered in the lien docket of the city along with the description of the property and shall remain a lien until satisfied.
2. The city’s claim against a tenant is transferred to the owner of the property when the city provides notice of the delinquent status to the tenant and mails a copy of the notice of delinquency by first class mail to the last address of the owner or owner’s agent that is on file with the city, within 30 days from the time the payment is due on the account. The transferred claim shall be a lien against the property served from the date the notice of delinquent status is mailed to the owner of the property. The transfer does not relieve the tenant of the obligation to pay the claim.
3. Whenever a lien for water service remains unsatisfied sixty (60) days after it has been entered, the lien may be foreclosed in the manner provided for by ORS 223.610, or in any other manner provided by law or city ordinance.
F. Refusal of Service. The city shall refuse service to the premises where a lien exists for delinquent water service charges until the lien has been paid.
G. Temporary Vacancy. In case of the temporary vacancy of any premises for any period of time, upon the request of the owner of the premises, water service can be turned off at the service cock, or the meter removed by the city water department, and service shall be restored when again requested, subject to a “turn-on fee.” If such a request is not made, billing will continue at the normal monthly rate.
H. Temporary Service. In case of a need for water due to renovation, repairs, and/or cleaning of a building, temporary water service may be requested. There will be a flat fee established by resolution for this service. Temporary service will not be allowed for more than thirty (30) consecutive days. If water usage exceeds one thousand (1,000) gallons during that time, full water service fees will be charged.
J. Bulk Water. Bulk water may be sold upon request. There will be a charge imposed each time hookup is made, in addition to a per/one thousand (1,000) gallons fee. These fees will be set by resolution. (Ord. 1025 § 1, 2013; Ord. 998 § 1, 2008; Ord. 990 § 5, 2008; Ord. 914 § 1, 1999; Ord. 909 §§ (F)—(J), 1999; Ord. 793 § 1, 1991: Ord. 769 § 8, 1989)
13.04.090 Discontinuance of service.
A. On Customer Request. Each customer about to vacate any premises receiving water service shall request discontinuance of water service prior to the date service is to be discontinued. The customer is responsible for all water supplied to the premises until service is actually discontinued by the city water department or two days after the city receives notice, whichever occurs first.
B. Nonpayment of Bills. A customer’s water service may be discontinued if the water bill is not paid as provided in this chapter.
C. Improper Customer Facilities.
1. Unsafe Facilities. The city water department may refuse to furnish water and may discontinue service to any premises without prior notice where plumbing facilities, appliances or equipment using water are dangerous, unsafe or not in conformity with the State Plumbing Code or the Oregon Administrative Rules.
2. Cross-Connection. The city water department may discontinue water service if the customer fails to comply with the cross-connection control regulations set forth in this chapter.
D. Waste. Where water is wastefully or negligently used on a customer’s premises, the city water department may discontinue the customer’s water service if such conditions are not corrected within forty-eight (48) hours after giving the customer written notice.
E. Service Detrimental to Others. The city water department may refuse to furnish water and may discontinue service to any premises where excessive demand by one customer will result in inadequate service to others.
F. Fraud. The city water department may refuse or discontinue service to any premises where it is considered necessary to protect the water department from fraud. Discontinuance of service may be made immediately upon receipt of knowledge by the city water department that the condition exists.
G. Noncompliance with Rules and Regulations. The city manager may, unless otherwise provided, discontinue water service to any customer for noncompliance with any of the city’s laws or regulations governing water service at any time.
H. Restoration of Service. The city shall charge for restoring water service which has been discontinued because of noncompliance with the city’s laws and regulations regarding water service. The charge shall be based on the city’s cost for reconnecting water service, including administration and overhead costs, plus the current reconnection fee set by resolution.
I. Unauthorized Turn-On. Where water service is turned on without city water department authorization, the city water department may then discontinue water service. When repeated unauthorized turning on of water service occurs, the city water department shall remove the water meter. The charge for discontinuing water service shall be the actual cost, plus administration and overhead, plus set fee from fee schedule (resolution). The charge for removing the water meter shall be the actual cost plus administration and overhead plus set fee from fee schedule (resolution). If customer has no deposit on hold with the city they will be required to place a new one in accordance with Section 13.04.030(C)(1) and (C)(2). All such charges shall be chargeable to the offending customer, and water service to the premises shall not be furnished again until such charges are paid. (Ord. 990 § 6, 2008; Ord. 909 § (K), 1999; Ord. 769 § 9, 1989)
13.04.100 Customer responsibility.
A. Each customer shall maintain all pipes, fittings and fixtures in proper order free from leakage or wastage.
B. Admission of City Employees. The city manager shall be admitted during reasonable hours to customer’s premises in order to inspect any water pipe, appliance or fixture upon the premises.
C. Use of Water. Except where it forms part of a manufactured product, no water shall be sold or conveyed beyond the premises served without the permission of the city water department.
D. Abatement of Noise — Pressure Surges. No apparatus, fitting or fixture shall be connected, allowed to remain connected, or operated in a manner which will cause noise, pressure surges or other disturbances which, in the opinion of the city manager, result in annoyance or damage to other customer’s property or to the city’s water system. If any such condition exists, the city manager may give notice to the customer to correct the fault with forty-eight (48) hours notice or such lesser period as may be specified and the customer shall correct the fault within the period specified. If the fault is not corrected, the city manager may order the customer’s water service to be turned off until the fault is corrected.
E. Prevention of Cross-Connection.
1. Customer’s Responsibility.
a. Inspection. Water systems shall be open for inspection at all reasonable times to authorized representatives of the city water department to determine whether cross-connection exists.
b. Compliance. If a cross-connection is found in the customer’s water system, the customer will be informed of this condition in writing and given sixty (60) days to correct the problem or install an approved backflow prevention device. If the customer does not comply within the sixty (60) days, the customer’s water service may be discontinued, including removal of the meter. Service will not be re-established until satisfactory proof is furnished that the cross-connection has been completely and permanently severed, or that an approved backflow prevention device has been installed. If a cross-connection is found, within the opinion of the city manager, to endanger the public water system, the customer’s water service shall be discontinued immediately and not restored until the situation is corrected.
c. Testing. It shall be the duty of the customer where backflow prevention devices are installed, to have them inspected and tested at least once per year or more often in those instances where successive inspections and tests indicate failure. Those inspections and tests shall, at the expense of the customer, be performed by a certified backflow device tester.
2. Records. It shall be the responsibility of the backflow device tester to submit records of such tests to the city water department.
3. Backflow prevention devices shall be installed whenever the following conditions exist:
a. Bacteriological Contamination. In the case of any premises where there is an auxiliary water supply which is not of safe bacteriological quality and which is connected to the customer’s system, the potable water system shall be protected by an approved airgap separation or an approved reduced pressure backflow prevention device. A double-check valve assembly may be used if the auxiliary water is of proven safe bacteriological quality.
b. Hazardous Materials. In the case of any premises where there is any material dangerous to health which is handled in such a fashion as to permit entry into the potable water system, the potable water system shall be protected by an approved airgap separation or an approved reduced pressure backflow prevention device. If protection is desirable to protect the health of those persons on the premises, a pressure vacuum breaker may be used.
c. Offensive Materials. In the case of any premises where a substance that would be objectionable but not hazardous to health, if introduced into the potable water system, the potable water system shall be protected by an approved double-check valve assembly or an approved pressure vacuum breaker.
d. Irrigation Systems. Irrigation systems may be protected by approved atmosphere or pressure vacuum breaker or double-check valve assemblies, except when fertilizers or other toxic substances are introduced through the irrigation system, in which case an airgap or reduced pressure backflow prevention device shall be used.
e. Approval of Devices. All backflow prevention devices used shall be a model approved by the Oregon Department of Human Resources, State Health Division.
f. New Construction. Where possible, a plan check should be made prior to construction to determine the degree of hazard and the class of backflow prevention device, if any, required at the point of delivery from the city’s potable water supply to a customer’s premises. Where adequate plans and specifications are not made available and no realistic evaluation of the proposed water uses can be determined, the customer, architect, engineer or other authorized person should be advised that eventually circumstances may require the installation of maximum backflow protection at the water service connection.
g. Backflow Prevention Device Permit. When it is found that the customer needs a backflow prevention device, the city water department will issue a permit for the device. This permit will identify the type, size, model, etc., of the backflow prevention device and also assign each device a number. This number and permit will enable the city water department to ensure that testing and other requirements of this section are met. The permit number should be used in all correspondence in reference to each installation to eliminate confusion.
F. Water Use Restrictions. The city council may from time to time impose restrictions on water use or change or revoke such restrictions, and in doing so may make the restrictions applicable at specified times or on specified days and may differentiate between classes of customers or areas of the city or otherwise. Sufficient notice of such restrictions shall be deemed to have been given by publication in a local newspaper or announcement of the local radio stations, or an announcement by the city council at a council meeting. It is unlawful for any person to use water in violation of such restrictions.
G. Tampering with Facilities. No person shall tamper or interfere with the city’s water system, nor shall any person, except as authorized by the city manager, connect to or operate any pipe, valve, meter, hydrant or other part of the city’s water system. 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 the customer’s tenants or agents. The city water department shall be reimbursed by the customer for any such damage promptly on presentation of a bill. (Ord. 940 § 1, 2002; Ord. 909 § (L), 1999; Ord. 769 § 10, 1989)
13.04.110 Miscellaneous.
A. Mandatory Connection. All structures located within the city limits which are equipped with plumbing facilities shall be connected to the city water system.
B. Complaints. All complaints concerning the operation of the city water department should be brought to the attention of the city manager, who shall promptly investigate any such complaint and take any necessary action. The decisions of the city manager may be appealed to the city council.
C. Appeal to City Council. When this chapter expressly provides an appeal from a decision of the city manager to the city council, the appeal shall be in a writing filed with the city manager. The appeal shall specify the objections to the city manager’s decision and state the relief sought. The appeal with the city manager’s written response thereto shall be forwarded to the city council at its next regular meeting held at least five days after the filing of the appeal. The city manager’s response and the notice of the council meeting when the appeal shall be considered shall be mailed or personally served on the appellant not less than seventy-two (72) hours before the council meeting. Before rendering its decision, the council may take oral testimony or decide the matter on the written record. The council’s decision shall be made applying the same standards required of the city manager in reaching his/her decision. The council may approve, modify and approve or deny the appeal. The decision of the council shall be final.
D. Fire Hydrants. Fire hydrants and standpipes may be opened and used only by the water and fire departments of the city or by such persons as may be specifically authorized by the city manager. No person, firm or corporation shall in any manner obstruct or prevent free access to any fire hydrant by placing or storing temporarily or otherwise any vehicle, object or material of any kind within ten feet of a fire hydrant.
E. Inspection of Apparatus. The city does not assume responsibility for inspecting service lines or apparatus on any customer’s property. The city manager is authorized to inspect any customer’s property at any time there is reason to believe that this chapter has been violated or that unsafe or illegal apparatus is in use or that conditions exist which are detrimental to the safety of the water system and its users.
F. Pressure, Supply and Quality. The city does not guarantee pressure nor continuous supply of water, nor does it accept responsibility at any time for the pressure on its lines nor for increase or decrease in pressure. The city may at any time, without notice, change operating water pressures, shut off water, or otherwise interrupt water service for the purpose of making repairs, extensions, alterations or improvements or for any other reason. Neither the city, its officers, employees or agents shall incur any liability of any kind whatsoever by reason of the cessation in whole or in part of water pressure or supply, or change in operating pressure, or by reason of the water containing sediments, deposits or other foreign matter. Customers depending on a continuous and uninterrupted supply of water or having processes or equipment that require particularly clear or pure water shall provide such emergency storage, oversize piping, pumps, tanks, filters or other equipment necessary to assure a supply of water suitable to their requirements.
G. Customer-Requested Changes. Property owners or customers desiring the removal or relocation of city water department facilities including service connections, chambers, hydrants or other fittings, shall bear all costs of removal or relocation. The actual work of removal or relocation shall be performed by the applicant or their agent, subject to the inspection and approval of the city manager. All work performed shall meet the plumbing code and the city regulations. The city manager may refuse to permit the removal or relocation of the facilities, if, in the city manager’s opinion, fire protection or the operation or control of any portion of the city water system or other public or private facilities would be endangered. (Ord. 769 § 11, 1989)
13.04.120 Violations—Penalties.
A violation of any provision of this chapter is punishable by a fine not to exceed five hundred dollars ($500.00). Subsequent to notice by the city water department to a customer that the customer is in violation of this ordinance, each day the customer remains in violation shall constitute a separate violation of this chapter. (Ord. 769 § 12, 1989)