Chapter 13.05 WATER

“City system” means the city’s property, infrastructure, service yard, and offices connected therewith, clerical or field, existing and necessary for the provision of water, sewage, transportation, and stormwater services, individually or combined, within and without the limits of the city of Veneta, Oregon.

“Person” means any individual, firm, co-partnership, association, corporation, or other legally recognized organization.

“Public works director” means the city public works director or the public works director’s designee.

“Water department” means the total water department of the city of Veneta, including office, service yard, and all employees connected therewith, clerical or field. (Ord. 533 § 1, 2016; Ord. 38 § 2, 1967)

13.05.030 Authority.

The council shall have charge of the total water works, plant, and city system of the city of Veneta. (Ord. 533 § 1, 2016; Ord. 38 § 4, 1967)

13.05.040 Council powers and authority.

(1) The council is authorized and empowered to purchase, construct, keep, conduct, extend, and maintain the city system and all necessary plants and facilities to furnish water to the city and to areas adjacent thereto and to areas adjacent to the pipes, conduits, or aqueducts constructed or used for such purposes, and to that end may acquire, by purchase or otherwise, and own and possess such real and personal property within and without the limits of the city as in the judgment of the council may be deemed necessary and convenient.

(2) The council shall have power and authority to enter into the necessary contracts or agreements to purchase all necessary material, equipment, and supplies as it may deem necessary or convenient to the conduct, extension, operation, maintenance, and management of the city system, and to do any other act in the construction, operation, and maintenance of the city system.

(3) The council shall have power and authority to acquire any waterworks or water plant, or part thereof, either by direct purchase or by condemnation proceedings, in the manner prescribed by law for the appropriation of private property for corporate purposes or public use.

(4) The council shall have power and authority to and shall, from time to time, make such regulations as may be necessary for the installation of water mains, and for the apportionment of the cost thereof between property owners and the city.

(5) Excepting such installations as are deemed by the council to be of benefit to the city system as a whole, the council shall not cause to be laid any water mains unless, in its judgment, the revenue that will be derived from the water sales resulting from such installation shall produce a revenue equal to 10 percent per annum of the cost of such project. When the owner of property to be served by a water main, the income from which will not equal a sufficient amount to justify the cost of the project thereof as provided by this chapter and such council regulations, desires such service, the council may cause such project to be done, in accordance with city specifications, at the sole cost and expense of the property owner; such main becoming the sole property of the city upon completion of installation; and at any time thereafter when the annual income from such main shall be sufficient to have justified its construction, the city may reimburse the property owner at a price not exceeding the original cost, less five percent per annum for depreciation.

(6) The council shall have power and authority, by resolution and publication, to designate specific days, dates or hours during which users of water from the city system may use water for irrigation purposes, and may prohibit the use of water from the city system for purposes of irrigation and it shall be unlawful for any person to irrigate or sprinkle in violation of such proclamation.

(7) The council shall have power and authority to do any other act or make any other regulation necessary and convenient for the conduct of its business and the due execution of the power and authority given it by Charter and not contrary to law. (Ord. 533 § 1, 2016; Ord. 38 § 5, 1967)

13.05.050 Council to set connection fees, penalties and other charges.

(1) The council shall have power and authority to establish all fees, penalties and other charges for connecting to the city system and to provide for the payment of charges, fees, and penalties or when any of the rules and regulations of the city are disregarded or disobeyed. Said fees, penalties, and other charges shall be established by written resolution, without the necessity of amending the ordinance codified in this chapter, and such resolution when duly passed shall provide the lawful fees, penalties and other charges of the city in connection with such city system; provided, however, the requirements of law be complied with in connection therewith.

(2) The council shall have power and authority to classify water services by service pipe size, meter sizes, demand, nature of usage, or other means deemed equitable by the council, and to establish minimum charges by said classification and the establishment of such classification and such minimums shall be by written resolution, without the necessity of amending the ordinance codified in this chapter, and such resolution, when duly and regularly passed, shall be the lawful classification of water services and minimum charges of the city.

(3) The council shall have power and authority to enter into special agreements for water usage and at special rates either greater or less than existing rates to water users within or without the boundaries of the city. (Ord. 533 § 1, 2016; Ord. 38 § 6, 1967)

13.05.090 Application for connection to water system – Requirements.

(1) The property owner or authorized agent shall make written application for permits to connect premises with the city system, on the forms provided by the city, in which the applicant shall specify the location and the use for which the service is required and shall agree to abide by the provisions of this chapter, Chapter 3.25 VMC governing utility service and other applicable chapters of the Veneta Municipal Code.

(2) No application for a permit to connect any new structure to city water or sewer mains shall be accepted or installed without proof by the applicant of an approved building permit. The application shall only be valid as long as the building permit is valid. The city permit shall be automatically extended if the building permit is extended. When a building permit is terminated or voided for any reason, all fees paid for the building permit, water permit and/or sewer permit shall be forfeited by the applicant as liquidated damages. All systems development charges shall be refunded. (Ord. 533 § 1, 2016; Ord. 202 § 1, 1980; Ord. 38 § 10, 1967)

13.05.100 Installation of service from main to curb line or property line.

(1) Upon payment of the connection fee, the city or the consumer shall install a service pipe from the main to the curb or to the property line of the street in which the main is located, including curb stop, meter, and meter box. The city reserves the right to allocate the responsibility for the service pipe installation construction to consumer, at the consumer’s own expense, based upon the location and extent of existing development on the premises, subject to all applicable building, plumbing, and sanitation codes and required inspections, fees and charges of the city.

(2) It shall be the duty of the city to maintain said service line from the main to the curb or property line of the street in which the main is located.

(3) The consumer shall, at consumer’s own expense, install pipes from the curb or the property line of the street in which the main is located to the facilities as desired on consumer’s premises, subject always to building, plumbing, and sanitation codes and required inspections of the city. (Ord. 533 § 1, 2016; Ord. 38 § 11, 1967)

13.05.110 Services outside the city.

The city may furnish water to places, individuals, companies, towns, and water districts outside the boundaries of the city and may charge therefor rates fixed by the council. In case such service is to companies, towns, or water districts, the aforesaid shall furnish to the city a map of its system, the number of consumers, and other information when called upon to do so, and the city may refuse to sell water to consumers who do not comply with the requirements of this section. (Ord. 533 § 1, 2016; Ord. 38 § 12, 1967)

13.05.120 Separate service to each house, unit, building or installation.

(1) A separate service shall be furnished to each house or residence being individual and separate unto itself, whether abutting a street, easement, or public thoroughfare, or otherwise; and being not a part of a motel, trailer court, apartment house, or other multiple occupancy installation, nor being a related occupancy.

(2) A separate service shall be required to each unit of separate ownership, and in no event shall one service serve properties under separate ownership. (Ord. 533 § 1, 2016; Ord. 38 § 13, 1967)

13.05.130 Access to premises for inspection.

City officials, agents, and employees shall at all reasonable times have access to any premises served by the city system for the purpose of inspection, repair, or enforcement of any of the provisions of this chapter, and in the event that any inspection discloses excessive leaks or any undue waste of water, then the city shall have the right to discontinue water service to such premises until satisfactory repairs have been made. (Ord. 533 § 1, 2016; Ord. 38 § 14, 1967)

13.05.150 Charges for relocating and altering meters.

(1) When any property owner or his agent being served water by the city shall request a relocation or alteration of the service or meter location, either vertically or horizontally, a determination of advisability of such relocation or alteration shall be made by the public works director. The decision of the public works director, or designee, shall prevail, subject to the order of the council. In no event shall the meter or service be relocated onto private property beyond the property line, except by order of the council. The cost of such relocation or alteration shall be charged to the account of said owner or agent as established in rate resolution. However, should a service or meter relocation or alteration be deemed beneficial to the city by the public works director, or designee, such relocation or alteration may be done by the water department, whether desired by the property owner or not, and such relocation or alteration shall be at the expense of the city.

(2) Whenever a city owned meter is damaged, the water department shall repair the damage and charge the account of said owner or occupant as established in the rate resolution.

(3) When a service pipe, curb stop, meter, or meter box is damaged or destroyed by contractors or others in the performance of construction, excavation, hauling, or other work, or where service pipes are destroyed by electrolysis, the person, contractor, or company responsible for such damage or destruction shall be billed by the city for the cost of repair or replacement of such pipes, curb stops, meter, or meter box as established in the rate resolution. (Ord. 533 § 1, 2016; Ord. 38 § 16, 1967)

13.05.180 Water shortage and water conservation measures.

(1) In an effort to prevent a water shortage the city council may adopt water conservation measures by resolution.

(2) In the event a water shortage should occur, and it becomes necessary for water to be conserved, or water use restricted, the city council by resolution may place such restrictions and promulgate such regulations in connection therewith as may be necessary until said water shortage is over. (Ord. 533 § 1, 2016; Ord. 465 § 1, 2006)

13.05.220 Unauthorized water use.

No person shall use water from the city water system for any other purpose than that stated in the application or to supply in any other way persons without application and permit to do so, and where a violation of these provisions is found to exist, the city may discontinue service. (Ord. 533 § 1, 2016; Ord. 38 § 23, 1967)

13.05.230 Faucet placement.

No faucets shall be allowed on the outside of any building except hose connections. The city reserves the right to require separate stops or control valves. No faucets shall be allowed on sidewalks or at the curb line where they are accessible to the public. (Ord. 533 § 1, 2016; Ord. 38 § 24, 1967)

13.05.240 Abandoned and new revenue producing services.

Whenever a service connection to any premises is abandoned or no longer used, or when new buildings are to be erected on the site of old ones and it is desired to increase the size or change the location of the old service connection, the city may cut out or remove such service connection, and any new service required to said premises shall be installed only on application and payment for a new service connection in the regular manner. (Ord. 533 § 1, 2016; Ord. 38 § 25, 1967)

13.05.250 Water system shut-off – Responsibility.

The city reserves the right at any time without notice to shut off the water supply for repairs, extensions, or nonpayment of rates, or for any other reason. The city shall not be responsible for any damage, such as bursting boilers, pipes or fixtures; stoppage or interruption of water supply, or any other damage resulting therefrom. The city shall not be responsible for broken pipes, leaks, or other defects in water lines or fixtures beyond the property line on private property. It shall be the duty of each property owner to install a shut-off valve on the property served to permit shut-offs for repairing leaks in property owner’s own system, and the city shall not be obligated to close any valve upon any street or alley in order to effect such repairs. (Ord. 533 § 1, 2016; Ord. 38 § 26, 1967)

13.05.260 Damage through pipe and fixtures.

No water user or any person shall cause or suffer water from the system to run, drain or flow from property having the water connection onto any other property or onto any street or way, and the city shall in no case be liable for damage occasioned from water running from open or faulty fixtures or from broken or damaged pipes beyond the property line. (Ord. 533 § 1, 2016; Ord. 38 § 27, 1967)

13.05.270 Use of city water and private water.

Owners of premises desiring to use both the city water system and a supply of water other than that furnished by the city may obtain water from the city upon the following conditions, and not otherwise.

Under no circumstances shall a physical connection, direct or indirect, exist or be made in any manner, even temporarily, between the city water supply and the other water supply. Where such connection is found to exist, or where provision is made to connect the two systems by any means, the city water supply shall be shut off from the premises without notice. Service to said premises shall not be restored until satisfactory proof is furnished that the cross connection has been completely and permanently severed. (Ord. 533 § 1, 2016; Ord. 38 § 28, 1967)

13.05.280 Operating valves or hydrants without authority.

It shall be unlawful for any person without authority from the city to remove, injure, open, close, or in any way tamper with, any water pipe, water main, shut-off valve or hydrant which is a part of the city system. (Ord. 533 § 1, 2016; Ord. 38 § 29, 1967)

13.05.300 Unauthorized service extensions.

It shall be unlawful for anyone to cause or permit the extension of water service from one dwelling unit, building or parcel of land to another without authority of the city. When additional dwelling units, buildings or parcels of land are connected without proper application and permit, such premises may be charged at double the rate for the time they are in use, and service may be disconnected by the city. The cost of such disconnection shall be established in the rates resolution, and service shall not be restored to said premises until such charge has been paid in full. (Ord. 533 § 1, 2016; Ord. 38 § 31, 1967)

13.05.310 Violation – Penalty.

Any person, firm or corporation who shall violate, fail, neglect or refuse to comply with any of the provisions of this chapter shall, upon conviction thereof, be deemed guilty of a violation and fined an amount not to exceed $360.00; and each day during which any violation hereof shall continue and persist after due notice thereof shall constitute a separate and distinct violation of this chapter. (Ord. 533 § 1, 2016; Ord. 486 § 1, 2009; Ord. 38 § 32, 1967)