WALDPORT
MUNICIPAL CODE
TITLE
13 - PUBLIC SERVICES
Chapters:
13.04
Water Service System
13.08
Sewer Service System Generally
13.12
Sewer User Charges
13.16
System Development Charges
Chapter
13.04
WATER
SERVICE SYSTEM
Sections:
Article 1.
Water Regulations
13.04.010 Definitions.
Article 2.
Water Service Establishment and Discontinuance
13.04.020 Establishing
service.
13.04.030
Type, location and arrangement.
13.04.040 Temporary
construction service.
13.04.050
Water User Charges
13.04.060
Re-establishing service.
13.04.070 Notices.
13.04.080 Service
outside city limits.
Article
3.
Customer Responsibility
13.04.090 Repairs
and leaks.
13.04.100 Admission
of city employees.
13.04.110
Use of water.
13.04.120 Abatement
of noise, pressure surges.
13.04.130 Prevention
of contamination (backflow prevention).
13.04.140 Sprinkler
and hose restrictions.
13.04.150 Tampering
with facilities.
Article
4.
Operation, Maintenance and Inspection
13.04.160 Pressure,
supply and quality.
13.04.170 Facilities
removal, relocation.
13.04.180
“At cost” work provisions.
13.04.190 Replacement
of pipes.
13.04.200
City pipes - Ownership.
13.04.210 Private
pipes - Ownership.
13.04.220 Equipment
changes.
13.04.230 Service
discontinued or disconnected by city.
13.04.240 Delinquent
accounts.
13.04.250 Emergency.
13.04.260 Extension
of water mains.
Article
5.
Billing and Collection
13.04.270
Billing practices.
13.04.280 Responsibility
for payment of bills.
13.04.285 Requiring
deposits
13.04.290
Liens and other collection enforcement procedures
13.04.295 Payment
delinquency - Refusal of service request.
13.04.300
Meter error.
13.04.310
Billing of separate meters.
13.04.320
Water use charges.
Article 1. Water Regulations
13.04.010
Definitions.
The following terms, whenever used by this chapter, shall be construed as
follows unless the context shows a different meaning:
“Applicant” means a person, firm, corporation, association or agency
applying for water service.
“City” means city of Waldport, a municipal corporation of the state
of Oregon.
“Customer” means a person, firm, corporation, association or agency
receiving water service from the city water facility.
“Date of presentation” means the date upon which a bill or notice is
mailed or delivered personally to the customer.
“Discontinued water service” means the termination of the arrangement
between the customer and the city water utility for the supply of water and to
normally shut off the city valve at the meter.
“Emergency” means any man-made or natural event or circumstance
causing or threatening loss of life, injury to person or property, human
suffering or financial loss, and includes, but is not limited to, fire,
explosion, flood, severe weather, drought, earthquake, spills of oil or other
substances, contamination, utility or transportation emergencies, disease,
blight, infestation, civil disturbance, riot, sabotage and war.
“Fire protection service” means provision of water to premises for
automatic fire protection.
“Mains” means distribution pipe lines located in streets, highways,
public ways or private rights of way which are used to serve the general public.
“Premises” means the integral property or area, including
improvements thereon, to which water service is or will be provided.
“Rate schedule” means the entire body of effective rates, rentals,
charges and regulations as adopted by resolution of the city council.
“Service connection” means the pipe, valves and other facilities by
means of which the water utility conducts water from its distribution mains to
and through the meter, but does not include the piping from the meter to the
property served.
“Water superintendent” means the person designated by the city
manager to perform the functions described or his or her designee. (Ord. 641 §
1, 1997)
Article 2. Water Service Establishment and Discontinuance
13.04.020
Establishing service.
A. No person shall use water from the city water supply except from a
service connection authorized by the city or as otherwise authorized by the city
council.
B.
Applicants requesting water service or a service connection in a location
not previously served by city water or change in the size of an existing service
shall submit a written application for water service accompanied by the
prescribed fees and deposit as set forth in the rate schedule adopted by the
city council by resolution. The application for service shall be made on a
printed form furnished by the city. The application shall request the following
information:
1. The date of application;
2. The location of premises to be served;
3. The date on which applicant will be ready for service;
4. Whether the premises have ever before been supplied by the city water
utility;
5. The purpose for which the service is to be used;
6. The size of service;
7. The address to which bills are to be mailed or delivered;
8. Whether the applicant is an owner or tenant of, or agent for, the
premises;
9. An agreement to abide by all rules, regulations and ordinances of the
city water utility, as now exist or as hereafter changed or amended, and that
any delinquent water bills shall be and become a lien against said premises;
10. Such other information as the city water utility may reasonably request.
C. Applicants requesting service at a location previously served by the city
water utility may make their request by either writing or by oral request to
City Hall. All customers, after having given such notice for the commencement of
water service, shall, within fifteen (15) days after service begins, submit a
properly filled out and signed application, as set forth above, for water
service to the city water utility office, with the prescribed fees and deposits
as set forth in the rate schedule adopted by the city council by resolution
pursuant to subsection H of this section, or the city water utility may
discontinue water service to the customer.
D. Since a water meter has both minimum and maximum measuring capabilities,
the water superintendent may review the type, size, and arrangement of meters,
piping and flow detecting devices, and if the water superintendent considers the
sizes requested to be improper for the flows and use desired, the application
may be amended accordingly.
E. Tapping Fee. Every application requesting water service in a location not
previously served shall be accompanied with a tapping fee as set forth in the
rate schedule adopted by the city council by resolution. The tapping fee shall
include the direct and indirect expenses to the city for labor and materials.
F. Turn-On Fee. Each time water service is to be turned on, including any
change in party billed, a turn-on fee shall be billed in addition to any other
charges and deposits.
G. The aforementioned tapping fee and turn-on fee shall be established and
may be changed by resolution of the city council.
H. After a determination that an application for water use complies with the
city requirements, and after the applicant has paid to the city any required
fees, the city shall make a service connection to the water main and install the
service line and water meter as set forth in Section 13.04.030 of this chapter.
I. Any property with respect to which a tapping fee has been paid shall be
physically connected to the water main not later than ninety (90) days from the
date of such payment or the tapping fee shall be refunded (less fifty (50)
percent thereof to cover administrative costs incurred in processing such
application) and a new connection fee required. For good cause shown, the city
manager may approve one ninety (90) day extension, within which period such
connection shall occur. (Ord. 641 § 21, 1997)
13.04.030 Type, location and arrangement.
A. All services installed by the city will be classified as follows:
1. Residential within city limits;
2. Commercial within city limits;
3. Contract service;
4. Residential outside city limits;
5. Commercial outside city limits;
6. Residential or commercial high level outside city limits;
7. Municipal or public use;
8. Fire protection.
B. No person other than the water superintendent or a person duly authorized
by the water superintendent shall make a connection with a city main, make an
alteration in a city water main or a main connection, connect pipes when they
have been disconnected, or turn water off or on with respect to any premises at
the meter.
C. Location of Service Pipe and Meter. Location of the service pipe and
meter shall be at the discretion of the city. If a customer requires that a
service pipe and meter be installed at location other than that proposed by the
city, and if there is an additional expense involved, the customer must pay the
regular connection fee plus the additional expense to have the service pipe and
meter installed at the customer's preferred location.
D. Number of Services to Separate Premises. Separated premises under the
single control of management will each be supplied through individual service
connections unless the city elects otherwise.
E. Service to Multiple Units. Buildings with combined living or business
quarters that are on the same premises under a single control or management may
be served, at the option of the city or owner, by either of the following
methods, after being reviewed by the water committee and city superintendent.
1. Through separate service connections to each of any unit provided that
the pipeline system from each service is independent of the others, and is not
interconnected; or
2. Through a single connection to the entire premises on which one minimum
charge will be applied per unit.
The responsibility for payment of charges for all water furnished to
combined units supplied through a single service connection must be assumed by
the applicant.
F. Fire Protection Service. Fire protection connections will be allowed
inside of buildings under the following conditions:
1. All fire lines must be installed in compliance with the Uniform Fire Code
and this section.
2. The city water utility shall require a service meter of approved pattern
to be furnished and maintained by the owner of any service system or combination
hose and sprinkler system. The connection with the city main and setting of the
meter chamber shall be made by the city water utility upon payment of the
charges prescribed by the city council by resolution.
3. When the owner of a building desires, or when the Building Code calls for
a certain size pipe to supply water to a wet or dry sprinkler system without
hose connections, such pipe or pipes may be covered by the approved proportional
meter or a detector check. The owner or agent of such building shall agree in
writing that water supplied through this service will not be used for any
purpose except for extinguishing a fire. If at any time it is found that hose
connections have been added to the system or that registration is recorded on
the meter or detector check, the immediate installation of an approved meter may
be required by the utility. Such water registered shall be charged for at double
the regular meter rate.
4. Standby charges for automatic fire service shall be as prescribed by the
rate schedule adopted by the council by resolution. The charges shall be based
on wet or dry sprinkling systems without hose or other connections. Combined
systems will pay the regular meter minimums and the regular meter rates.
5. Water for Fire Storage Tanks. Water may be obtained from a fire service
for filling a tank connected with the fire service, but only if written
permission is secured from the city water utility in advance and an approved
means of measurement is available. The rates for general use will apply.
6. Ownership of service connection and all equipment appurtenant thereto,
including the meter and check-valve shall be the sole property of the city water
utility, and no part of the cost thereof will be refunded to the applicant.
7. Pressure and Supply. The city water utility assumes no responsibility for
loss or damage because of lack of water pressure and agrees only to furnish such
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. 641 § 2.2, 1997)
13.04.040 Temporary construction service.
A. No contractor or other person having charge of construction or repair
work within the limits of the city or outside of the city shall, without first
having obtained permission of the council to do so, remove, tear up, disturb,
change the location of or damage any water pipe, service pipe, hydrant or other
part of the city water system. After permission has been obtained from the
council, work affecting the city water system shall be done in the following
manner:
1. It shall be done at the expense of the contractor or other person
obtaining the permission.
2. Each part of the water system which is removed, torn up, relocated or
damaged shall be replaced in as good a condition as it was prior to the work and
without damage to the system, the city or any water consumer.
3. The work shall be subject to the approval of the water superintendent.
B. An owner or contractor who requires temporary water service for
construction or for any other purpose shall be supplied with water by meter
measurement and pay the customary connection fee, deposits and water user rates
set forth by the rate schedule adopted by the council by resolution.
C. The customer shall use all possible care to prevent damage to the meter
or to any other loaned facilities of the city water utility which are involved
in furnishing the temporary service from the time they are installed until they
are removed, or until forty-eight (48) hours notice in writing has been given to
the city water utility that the contractor or other person is through with the
meter or meters and the installation. If the meter or other facilities are
damaged, the cost of making repairs shall be paid by the customer.
D. A connection to a fire hydrant for other than fire emergency is allowed
only if written permission is secured from the city water utility in advance and
an approved means of measurement is available. (Ord. 641 § 2.3, 1997)
13.04.050 Water User Charges.
B.
Imposition of Charges – Purpose. Charges for connections to the public water system and
subsequent water services shall be levied and imposed by the city for the
purpose of funding operations, maintenance and improvements thereto.
C.
Changes to Fees, Rates and Charges. All
fees, rates and charges stated within this chapter may be changed at any time in
the future by resolution of the city council.
D.
Rates – Annual User Notification. Each user must be notified at least annually, in conjunction
with a regular bill, of the rate and that portion of the user service charges
which are attributable to water treatment services.
E.
Charges – Review by City. The
user service charges shall be reviewed and revised at least annually to reflect
actual costs of operation and maintenance, replacement and financing of the
treatment works, and to maintain the equability of user service charges with
respect to proportional distribution of the cost of operation and maintenance.
F.
Charges – Determination Generally. A user service charge shall be levied on all users served by
public water. A minimum base charge
shall be charged monthly for each residential dwelling meter and each commercial
business meter. This charge shall
be imposed to maintain the systems readiness to serve the user, regardless of
actual use. The user shall be
charged the minimum base charge and the actual use charge.
(Ord. 684 § 1, 2002)
13.04.060
Re-establishing service.
Application in the form prescribed in Section
13.04.020 of this chapter
shall be made to the city water utility to re-establish discontinued water
service to a property. The fee for restoration of water service shall be set by
resolution adopted by the city council. Said fees shall be in addition to any
other fees and/or deposits required under these regulations. (Ord. 641 § 2.5,
1997)
13.04.070 Notices.
A. Notice to Customer. Notices required to be given by the city water
utility to a customer or property owner will be given in writing and may be
either delivered to the customer or property owner personally or delivered at or
mailed to the address to which service is provided.
B. Notice From Customers. Notice from the customer or property owner to the
city water utility shall be given in writing and delivered or mailed to the city
water utility office in the City Hall. (Ord. 641 § 2.6, 1997)
13.04.080 Service outside city limits.
A. The city shall provide water service to individuals or entities who own
property located outside city limits only under the following circumstances:
1. An applicant for water service whose property lies outside city limits
must agree in writing to annexation of that property to the city when all or any
portion of the property becomes contiguous to the city limits of the city as
they now exist or are hereafter altered.
2. The application for service to property outside the city limits may be
obtained at City Hall. Said application may be revised at any time by the city.
3. An applicant for extension of water service must agree to pay for all
costs associated with extension of water lines to the subject property; the
hookup charges charged by the city for connection to city water services; and
payment of rates for water service charged by the city. The applicant must
acknowledge and agree that charges associated with the foregoing are not the
same for inhabitants of the city and those owners of property lying outside the
corporate limits of the city.
B. Service will not be provided unless an applicant for extension of water
service executes the documents described above except where the city council by
resolution determines that extraordinary circumstances warrant extension of
service in the absence of the aforementioned documents.
C. Whether or not service shall be provided to individuals located outside
the corporate limits of the city is entirely discretionary with the city. An
application for extension of service may be denied for any reason permitted by
law. The willingness of an applicant to sign the documents described above does
not require the city to extend water service to property owned by the
applicant.
D. The decision to extend water services to any application from an owner of
property located outside the city limits of the city shall be made by the water
superintendent, or his or her designee.
E. If an application for service described in this section is denied, the
applicant may appeal the decision to the city council. (Ord. 641 § 2.7, 1997)
Article 3. Customer Responsibility
13.04.090 Repairs and leaks.
A. Every customer shall maintain their pipes, fittings and fixtures in
proper order free from leakage or wastage. Where water is wastefully or
negligently used on a customer's premises, including but not limited to,
situations where there are defective or leaking faucets, or other water
connections, or where there are water closets or urinals without self-closing
valves, the utility may discontinue service if such conditions are not corrected
within forty-eight (48) hours after giving the customer written notice.
B. Where there is a leak between the main and the meter or in the street
opposite their premises, customers shall give immediate notice at the office of
the city recorder of said leakage. The city water utility shall make all such
repairs free of charge; provided, however that when a service pipe at the proper
grade is damaged or destroyed by contractors or others, the person, contractor
or company responsible for such damage shall pay the city for the cost of
repairing or replacing such pipes on the basis of the cost to the city in labor
and materials plus fifteen (15) percent for overhead expenses.
C. The city water utility shall shut-off water mains free of charge when
plumbing problems occur on private property if said mains are turned off during
normal business hours. A fee shall be charged to shut-off water mains during
nonbusiness hours. Said fee shall be established and may be changed by
resolution of the city council. (Ord. 641 § 3.1, 1997)
13.04.100 Admission of city employees.
For the purpose of inspecting the condition of any water pipes and
fixtures and the manner in which the water is being used, an agent of the city
council shall, upon notice to the owner or occupant, have free access to parts
of a building or premises in which water is delivered from the city mains. (Ord.
641 § 3.2, 1997)
13.04.110 Use of water.
A. No person supplied with water from the city mains will be entitled to use
it for the purpose other than those stated in the application for service.
Should the owner or occupant of a premises being served with water desire to use
water for a purpose not stated in the original application, a new application
must be made and approval obtained therefor at the office of the city recorder.
B. Except where it forms part of a manufactured product, no water shall be
sold or conveyed beyond the property served without permission of the city water
utility.
C. The customer shall install a suitable valve at the time of installation
or replacement of the meter, as close to the meter location as practicable, the
operation of which will control the entire water supply from the service.
D. The operation by the customer of the city water utility's valve in the
meter box is not permitted.
E. Water users must provide a stop and waste cock conveniently located
inside the premises and have their pipes so arranged that the water can be drawn
from them in case of danger from frost. Water shall not be left running to
prevent the pipes from freezing nor allowed to run to waste in summer to keep
cool. The owner of the premises shall keep all pipes and fixtures in proper
repair to the meter placed at or near the property line.
F.
Water turned on by any water customer, or other person without authority
from the city, may be shut off at the main or the meter may be removed by the
city. The charge for shutting water off at the main shall be the actual cost,
plus fifteen (15) percent for overhead. The charge for removing and replacing
the meter shall be set by resolution adopted by the city council. Charges shall
be chargeable to the offending customer when the water is supplied, and water
shall not again be furnished to such premises until such charges are paid. (Ord.
641 § 3.3, 1997)
13.04.120
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 water superintendent, result in
annoyance or damage to other customers' property or to the water system.
If any such condition exists, the water superintendent may give notice to
the customer to correct the fault within forty-eight (48) hours notice or such
lesser period as may be specified in the notice and the customer shall correct
the fault within the period designated. (Ord. 641 § 3.4, 1997)
13.04.130
Prevention of contamination (backflow prevention).
A.
Definitions. The following terms, whenever used in this section shall
have the meaning indicated unless the context shows a different meaning:
“Approved backflow prevention device” means a device to counteract
back pressure or prevent back siphonage. This device must appear on the list of
approved devices issued by the Oregon State Health Division.
“Auxiliary supply” means any water source or system other than the
public water system, that may be available in the building or on the premises.
“Backflow” means the flow in the direction opposite to the normal
flow or the introduction of any foreign liquids, gases, or substances into the
water system of Waldport.
“Cross-connection” means any physical arrangement where a public
water system is connected directly or indirectly, with any other non-drinkable
water system or auxiliary supply, sewer, drain conduit, swimming pool, storage
reservoir, plumbing fixture, swamp coolers, or any other device which contains,
or may contain contaminated water, sewage or other liquid of unknown or unsafe
quality which maybe capable of imparting contamination to the public water
system as a result of backflow. Bypass arrangements, jumper connections,
removable sections, swivel or change over devices, or the temporary or permanent
devices through which, or because of which, backflow may occur are considered to
be cross-connections.
“Double-check valve backflow prevention assembly or DCVA” means an
assembly composed of two independently acting approved check valves, including
tightly closing resilient seated shut off valves attached at each end of the
assembly and fitted with properly located resilient seated test cocks.
“Reduced pressure principle device or RPBA” means an assembly
containing two independently acting approved check valves together with a
hydraulically-operated, mechanically independent pressure differential relief
valve located between the check valves and at the same time below the first
check valve. The device shall include properly located test cocks and tightly
closing resilient seated shut off valves at the end of the assembly. A check
valve is approved if it appears on the list of approved devices issued by the
Oregon State Health Division.
B.
Purpose. The purpose of this subsection is to protect the water supply
and system of the city from contamination or pollution due to any existing or
potential cross-connections.
C.
Cross-Connections Regulated. No cross- connections shall be created,
installed, used or maintained within the territory served by the city water
system, except in accordance with this section.
D.
Backflow Prevention Device Requirement. Approved backflow prevention
devices shall be installed at the expense of the applicant or customer, either
at the service connection or within the premises, as determined by the water
superintendent in each of the following circumstances:
1.
If the nature and extent of any activity at the premises, or the
materials used in connection with any activity at the premises, or materials
stored on the premises, could contaminate or pollute the city water supply and
system;
2.
On premises having any one or more cross-connections;
3.
If internal cross-connections are not correctable, or intricate plumbing
arrangements make it impractical to ascertain whether or not cross-connections
exist;
4.
A repeated history of cross-connections being established or
reestablished;
5.
When unduly restricted entry exists such that an inspection for a
cross-connection cannot be made with sufficient frequency or with sufficient
notice to assure that a cross- connection does not exist;
6.
Material of a toxic or hazardous nature is being used such that, if back
siphonage should occur, a health hazard could result;
7.
When any mobile apparatus connects to the city water system;
8.
On any premises where installation of an approved backflow prevention
device is deemed to be necessary to accomplish the purpose of this section;
9.
On any premises where an appropriate cross-connection report form has not
been filed with the water superintendent;
10.
When an atmospheric vacuum breaker (A.V.B.) fails repeated inspections.
E.
Installation Requirements. To ensure proper operation and accessibility
of all backflow prevention devices, the following requirements shall apply to
the installation of such devices.
1.
No part of the backflow prevention device shall be submerged in water or
installed in a location subject to flooding. If installed in a vault or
basement, adequate drainage shall be provided. Plugs must be installed in all
test cocks.
2.
Devices must be installed at the service connection of the water supply,
before any branch in the line, on private property located just inside of the
property line. Alternate locations must be approved in writing by the water
superintendent prior to installations.
3.
The device must be protected from freezing and other severe weather
conditions.
4.
All backflow device prevention assemblies shall be of a type and model
approved by the state of Oregon, Health Division and water superintendent.
5.
Only devices specifically approved by the Oregon Health Division for
vertical installation may be installed vertically.
6.
The device shall be readily accessible with adequate room for maintenance
and testing. Devices two inches and smaller shall have at least six inches
clearance on all sides of the device. All devices larger than two inches shall
have a minimum clearance of twelve (12) inches below the device and thirty-six
(36) inches above the device.
7.
The property owner is responsible for all maintenance and annual testing
of the device.
8.
If permission is granted to install the backflow device inside of any
building, the device shall be readily accessible during regular working hours of
eight am. to five p.m., Monday through Friday.
9.
If a device is installed inside of the premises and is four inches or
larger and is installed four inches above the floor, it must be equipped with a
rigid and permanently installed scaffolding acceptable to the city. This
installation must also meet the requirements set forth by the U.S. Occupational
Safety and Health Administration and the state of Oregon Occupational Safety and
Health Codes.
10.
RPBA devices may be installed in a vault only if relief valve discharge
can be drained to daylight through a “boresight” type drain. The drain shall
be of adequate capacity to carry the full rated flow of the device and shall be
screened on both ends.
11.
An approved air gap shall be located at the relief valve orifice. This
air gap shall be at least twice the inside diameter of the incoming supply line
as measured vertically above the top rim of the drain and in no case less than
one inch.
12.
Upon completion of installation, the water superintendent shall be
notified and all devices must be inspected and tested. All backflow devices must
be registered with the water superintendent. Registration shall consist of date
of installation, make, model, serial number of the backflow device, and initial
test report.
13.
An air gap is not an approved means of cross-connection protection in the
water system, unless approved by the water superintendent.
F.
Prevention of Contamination. When a condition exists whereby a backflow
device already installed no longer meets the proper standards for the hazard set
forth in this section, the device shall be replaced by the correct device for
that hazard. This includes, but is not limited to the following:
1.
Any device that fails repeatedly when tests are performed; device
assemblies may be required to be tested more frequently;
2.
Any device that has to be removed to be repaired;
3.
Any device which has to be moved for any reason;
4.
Hazard levels have increased since the device was installed.
G.
Installation Requirements, Irrigation. To ensure proper operation and
accessibility of all backflow prevention devices, the flowing additional
requirements shall apply to the installation of these devices for irrigation
systems.
1.
Prior to the installation of any type of irrigation system on property
served by the city water system, a set of plans, prints, drawings, or diagram of
the proposed irrigation system must be submitted to the water superintendent.
a.
The plans shall include location of system (street and lot number),
owner's name and address, layout of system and size and description of backflow
device. This irrigation plan will be reviewed and kept on file at the city.
b.
Within ten (10) working days the water superintendent will return to the
submitter initial plan approval or required changes, and a copy of the city's
backflow device installation requirements.
c.
The minimum backflow prevention on an irrigation system shall be the
installation of an approved double check valve assembly.
2.
Backflow prevention devices shall be tested and approved by the
Foundation for Cross Connection Control and Hydraulic Research at the University
of California, to be considered for use in the city.
a.
All devices installed after July 1, 1997, must be state of Oregon
approved and have resilient seated gate valves or fully ported ball valves.
These valves are to be an integral part of the device of assembly as sold by
local distributors. Lists of approved devices are available at the water
superintendent's office.
b.
Double Check Valve Assembly (DCVA) Installation.
i.
The DCVA shall be installed with adequate space to facilitate maintenance
and testing. It shall be inspected and tested after installation to insure its
satisfactory operation and proper installation. The DCVA must be tested by a
certified state tester at time of installation.
ii.
Care must be used to insure that the DCVA is not installed where the
pressure will be maintained above the device's rated and labeled capacity.
iii.
Pit or below grade installations of a DCVA must have a pit for drainage
and pipe plugs must be installed in test cock tappings to lessen the danger of
cross-connections if the device becomes submerged.
iv.
The DCVA must be protected from freezing but must facilitate testing and
maintenance. There shall be no connections installed between DCVA and source of
supply for the purpose of draining.
v.
Thoroughly flush the lines prior to installation of the DCVA.
vi.
Owner or representative must call for an inspection by the water
superintendent. Backflow device installation service line and all premises
plumbing to the DCVA must be exposed at the time of visual inspection.
vii. Water service will not be turned on until final approval is
granted, following the acceptance of the DCVA installation and receipt of
certified test results.
c.
Prior to backfill, an installation must be inspected between the DCVA and
the source of supply by the water superintendent. Inspection will be made by the
water superintendent within two working days of notice to inspect.
Important: Failure to notify the water superintendent prior to backfill
will result in re-excavation of the device and point of connection to facilitate
inspection.
d.
Final approval shall be granted following the acceptance of the
installation and receipt of certified tester results.
e.
All devices must be tested annually at the beginning of the irrigation
season as established by the water superintendent.
Note: The installation of a backflow prevention device on the water
service line will eliminate the thermal expansion of hot water into the
distribution system. It is the water customer's responsibility to maintain
temperature pressure relief valves within the premises plumbing.
H.
Access to Premises. The water superintendent shall have access during
reasonable hours to all parts of a premises and within the building to which
water is supplied. However, if any water customer or other person in control of
the premises, refuses access to premises or to the interior of a structure at
reasonable times and on reasonable notice for inspection:
1.
A reduced pressure principle device shall be installed by the customer at
the service connection to that premises; and
2.
The water superintendent may shut off water service to the premises to
assure protection of the water supply and system until an adequate device is
installed and can be inspected by the water superintendent.
I.
Annual Testing and Repairs. All backflow devices installed within the
territory served by the city's water system shall be tested immediately upon
installation and annually thereafter by a state certified tester. All such
devices found not functioning properly shall be promptly repaired or replaced by
the water customer. If any such device is not promptly repaired or replaced, the
city may deny or discontinue water to the premises. All testing and repairs are
the financial responsibility of the water customer. A forty-eight (48) hour
notice shall be given to the city prior to testing.
J.
Variances. Any variance from the requirements of this section shall be
requested in writing by the owner of the premises affected and approved by the
water superintendent upon finding that the requested variance is consistent with
the purpose of this section and that the variance will provide at least the same
protection to the water supply and system as the regulation for which the
variance is sought. The decision of the water superintendent may be appealed in
writing to the city manager, whose decision shall be final.
K.
Costs of Compliance. All costs associated with purchase, installation,
inspections, testing, replacement, maintenance, parts, and repairs of the
backflow device are the financial responsibility of the water customer.
L.
Termination of Service. Failure on the part of any customer to
discontinue the use of all cross-connections and to physically separate
cross-connections is cause for the immediate discontinuance of public water
service to the premises. A re-connect fee set by council resolution shall be
required upon reinstatement of service. (Ord. 641 § 3.5, 1997)
13.04.140
Sprinkler and hose restrictions.
A.
For the purpose of this section and of regulations made hereunder,
sprinkling shall include distribution of water by sprinkling or any other means
on lawns, gardens or other outdoor areas.
B.
The use of a hose for any purpose is prohibited except between the hours
of nine a.m. and nine p.m., except for building purposes or whether water meters
are used; provided that when in the opinion of the city council the quantity of
water is insufficient for sprinkling or other uses of a hose, the city may
prohibit the use of a hose for any purpose during a water shortage.
C.
The use of water by hose in the night time or during alarm of fire is
prohibited unless for protection of property.
D.
The council may from time to time, impose additional restrictions on
sprinkling or hose use, or change or revoke such restrictions, and in so doing
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. 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 council at meetings. It is unlawful for any person to
sprinkle in contravention of such restrictions. (Ord. 641 § 3.6, 1997)
13.04.150
Tampering with facilities.
A.
No person shall tamper with, injure or destroy any water main, service
pipe or connection, hydrant, reservoir, headwork, or other part of the city
water system, either inside or outside the city.
B.
No person shall throw or place or cause to be thrown or placed in any
water reservoir, supply pipe, water main, headworks or other part of the city
water works or supply system any dirt, rubbish, filth, wood, stone or other
substance or in any other way pollute the water in any part of the system.
C.
No person except an agent of the city or a fireman in the discharge of
duty shall open or tamper with a fire hydrant.
D.
No person shall place building material or any other substance within ten
(10) feet of a fire hydrant or water gate connected with the water mains of the
city water works so that the material or other substance will prevent free
access at any time to the hydrant or water gate.
E.
A customer shall be liable for any damage to a meter or other equipment
or property owned by the utility which is caused by an act of the customer, his
tenants or agents. The city water utility shall be reimbursed by the customer
for any such damage promptly on presentation of a bill. (Ord. 641 § 3.7, 1997)
Article 4. Operation, Maintenance and Inspection
13.04.160
Pressure, supply and quality.
A.
The city water utility does not guarantee pressure nor continuous supply
of water, nor does it accept responsibility at any time for the pressure on its
lines or for increase or decrease in pressure. The city water utility reserves
the right at any and all times, without notice, to change operating water
pressures, to shut off water, or otherwise to interrupt water service for the
purposes of making repairs, extensions, alterations, or improvements or for any
other reason, and to increase or reduce pressure at any time. Neither the city
water utility, its officers, employees or agents shall incur any liability of
any kind whatever by reason of the cessation in whole or in part of water
pressure or water supply, or change in operation pressures, or by reason of the
water containing sediments, deposits or other foreign matter.
B.
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,
pressure and adequate supply of water suitable to their requirements. (Ord. 641
§ 4.1, 1997)
13.04.170
Facilities removal, relocation.
Property owners or others desiring the removal or relocation of the city
water utility owned facilities, including service pipes, meters, valves,
chambers, hydrants or other fittings and appurtenances shall bear all costs of
removal or relocation. The city council may refuse to permit the removal or
relocation of facilities, if, in their 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. 641 § 4.2, 1997)
13.04.180
“At cost” work provisions.
A.
Any person having work done at cost may select one of the following
alternatives:
1.
Cost. Cost will include the amount expended by the city water utility for
gross wages and salaries, employees' fringe benefits, materials, equipment
rentals at rates paid by the city or set by the city water utility for its own
equipment, or any other expenditures incurred in doing the work, plus fifteen
(15) percent of the total of the said items expended to cover administration
expenses.
The city water utility will supply an estimate of cost and will require
an advance payment prior to commencement of the work. Any additional cost shall
be paid to the city water utility and any surplus shall be refunded.
2.
Fixed Price. When the owner or agent requests a fixed price for such
installation, the city water utility shall determine such a price based on the
estimated cost as provided in this section. Where a price has been fixed, no
refund will be made by the city water utility and no additional cost will be
charged to the customer. (Ord. 641 § 4.3, 1997)
13.04.190
Replacement of pipes.
The city water utility will replace, at no cost to the customer, the
city's service pipe when it has deteriorated to the point of leaking or
significantly losing capacity, with a new service pipe equal in size and
capacity of the original installation. (Ord. 641 § 4.4, 1997)
13.04.200
City pipes - Ownership
The service connection and meter, whether located on public or private
property, is the property of the city water utility and city water utility
reserves the right to repair, replace and maintain it, as well as to remove it
after discontinuance of service for a period of one year or longer. A new
service shall be placed only upon the owner making an application and paying for
a new connection in the regular manner. (Ord. 641 § 4.5, 1997)
13.04.210
Private pipes - Ownership
Every private service pipe, whether on private property or in the street,
shall remain the property of the customer and the customer shall be responsible
for its maintenance. If, in the installation, maintenance or removal of any
private service pipe, it is necessary for any person to occupy or excavate in
the street, or to remove or re-lay any sidewalk or other street improvement, he
or she shall do so in a manner satisfactory to the water superintendent, and
shall obtain any permits required and pay the appropriate fees or charges. (Ord.
641 § 4.6, 1997)
13.04.220
Equipment changes.
A.
When excessive flow or consumption overloads the capacity of a meter used
to supply service to any premises, the water superintendent or designee may
notify the customer. The customer shall thereupon supply an estimate of flow
requirement and other pertinent data required to the water superintendent or
designee to allow an estimate of the size of an adequate meter and service pipe
and to estimate the cost of its installation. The installation of adequate meter
and service pipes shall be at the cost of the customer.
B.
The water superintendent or designee shall notify the owner to apply for
a larger meter and service pipe and the customer shall apply and pay the
required fees and deposit within thirty (30) days thereafter. If the application
and applicable fees and deposit are not made within thirty (30) days, the city
may proceed with the work and charge full costs to the owner, or the city water
utility may discontinue service pursuant to Section 13.04.250 of this chapter.
(Ord. 641 § 4.7, 1997)
13.04.230
Service discontinued or disconnected by city.
A.
The city water utility may refuse to provide water or may discontinue
service to any premises:
1.
Where an apparatus, fitting, fixture, container, appliance or equipment
using water is dangerous, unsafe or being used in violation of any ordinances or
legal regulation of the city;
2.
Where excessive demands by one customer will result in inadequate service
to others; or
3.
If payment of any bill for water service to the premises has not been
made after notice and within the time set in Section 13.04.240 of this chapter.
B.
The city water utility may disconnect or discontinue water service to any
premises:
1.
Which violates Section 13.04.130 of this chapter. If such noncompliance
affects matters of health or safety of other conditions that warrant such
action, the city may discontinue water service immediately.
2.
Where water service has been turned on without authority from the city
water utility.
3.
If the building official of the city determines that new development,
construction and/or remodeling is not in compliance with any portion of the
building, zoning, mechanical, fire or plumbing codes, the city may discontinue
water service to that customer within five days after providing written notice
of the city's intention to discontinue service.
C.
The city's cost of discontinuing or disconnecting water service including
shutting off at the water main, removal of the water meter and all related work
and administrative costs, shall be a lien against the premises which may be
satisfied as provided in Section 13.04.290 of this chapter. (Ord. 684 § 2,
2002: Ord. 641 § 4.8, 1997)
13.04.240
Delinquent accounts.
A.
A water account is delinquent if it is not paid on or before the
fifteenth day following the date of the billing of said account and a late
payment penalty shall be imposed.
B.
A delinquent notice will be mailed to each delinquent account between
fifteen (15) and forty-five (45) days after the original billing date. The
notice will contain the following information:
1.
That water service will be discontinued after the fifth day following the
date of the delinquent notice;
2.
The service charges imposed if the service is disconnected for
nonpayment;
3.
That a hearing, on the computation of the amount owed, may be requested
by filing a written request with the city within four days after receipt of the
delinquent notice;
4.
That the hearing request may state the reasons why the person filing the
request believes that the charges for service are in error;
5.
That the hearing will be held within two working days following receipt
by the city of the request for hearing;
6.
That a failure to file a request for hearing within the time period
allowed shall constitute a waiver of any defects in the bill and a right to a
hearing.
C.
Upon request, the hearing shall be held by the water superintendent. The
hearing shall be set and conducted within forty-eight (48) hours of receipt of
the request (holidays, Saturdays and Sundays are not to be included in this
forty-eight (48) hour computation). At the hearing, the computation of the
service charges may be contested. If the water superintendent finds that the
computation was in error, the water superintendent shall adjust the amount of
the service charge. If the water superintendent finds that the computation was
correct, the service charge shall be due within five days of such determination,
unless appealed to the city manager. If the person requesting the hearing does
not appear at the scheduled hearing, the water superintendent shall enter an
order declaring the service charge to be correct.
D.
In all instances where water has been turned off because of delinquent
account, a service charge will be collected before service is restored.
E.
The water superintendent or designee, in cases of extreme hardship, shall
have the discretion of renewing service to a delinquent account upon acceptance
of a valid plan for payment of past-due amounts in installments. (Ord. 641 §
4.9, 1997)
13.04.250
Emergency.
Notwithstanding the provisions of Sections 13.04.230 and 13.04.240 of
this chapter, when an emergency exists, the water superintendent or designee may
discontinue or disconnect water service without notice to the customer;
provided, however, that if service is discontinued or disconnected without
notice, the customer may within ten (10) days of the notice of discontinuing or
disconnecting water service file a notice of appeal of the decision to
discontinue or disconnect service. If a notice of appeal is filed, the hearing
provisions of Section 13.04.240 of this chapter shall apply. (Ord. 641 § 4.10,
1997)
13.04.260
Extension of water mains.
A.
The city shall not shut off the water from the mains without notice to
affected consumers, except in cases of emergency for repairs and other purposes;
and the city will not be responsible for any consequential damage.
B.
Extensions of Mains. The extension of a main to serve premises not
heretofore served by the city water system shall be made at the discretion of
the city council. When extensions are made, the city shall furnish the water
pipe in place to a point in the right-of-way adjacent to the property, provided
that the distance does not exceed eighty (80) feet. Should the distance between
the previously existing main and the property line exceed eighty (80) feet, the
applicant shall reimburse the city for the labor and materials required for the
distance over eighty (80) feet. All such construction shall be done by the city
or under direct supervision of the city. (Ord. 641 § 4.11, 1997)
Article 5. Billing and Collection
13.04.270
Billing practices.
A.
Meters will ordinarily be read at regular intervals for the preparation
of bimonthly bills and as required for the preparation of opening, closing and
special bills. The city water utility reserves the right to estimate meter
readings in cases where actual meter readings are not available and to adjust
consumption when actual readings are obtained.
B.
Bills for water service will ordinarily be rendered bi-monthly, unless
otherwise provided for in the rate schedule. The city water utility reserves the
following options and rights:
1.
To read meters and render bills for a lesser or longer period than two
months;
2.
To render bills on an estimated consumption basis in cases where the city
water utility is unable to obtain actual readings;
3.
To include with the regular service billing the amount of any valid
obligation due the city water utility; or a deposit amount sufficient to bring
the customer's total deposit to the full deposit limit.
C.
Billing for a fractional month will be as follows:
1.
Opening and reconnecting accounts for water service that have been
supplied for less than seven days will not have bills rendered until the next
regular bi-monthly billing date;
2.
Closing of an account for water service that has been supplied for seven
days or more will have a bill rendered on a full two week basis;
3.
Closing of an account for water service that has been supplied for less
than seven days will be billed at the time of closing the account. (Ord. 641 §
5.1, 1997)
13.04.280
Responsibility for payment of bills
A.
The property owner of record shall be responsible for payment of all
charges prescribed in this chapter. If
the property is rented, the owner will be billed for water/sewer usage, unless
the owner executes an agreement requesting the renter be billed directly and
agrees to assume responsibility of all unpaid billings.
However, the owner shall be notified at the same time the turn-off notice
is sent. Such notice shall be
sufficient if sent to the last known address of the property owner, his/her
agent or assignee as determined from the records of the City.
It shall be the responsibility of the owner to inform the City when
his/her property is occupied by a different renter.
B.
The property owner of record shall be responsible for a twenty-five
dollar charge for each name change requested on the account.
C.
Any necessary repair to meters damaged by the owner or tenants of
serviced premises shall be the responsibility of the owner of the premises. (Ord.
674 § 1, 2001)
13.04.285
Requiring deposits
A.
If there is a history of delinquency in payment of water or sewer
charges, the City may require, at the discretion of the Chief Administrative
Officer or designee, a twenty-five dollar deposit or a deposit equal to charges
for one billing period, whichever is greater, before restoring service to a
delinquent account turned off for nonpayment.
The deposit shall be held by the City to ensure payment of the account.
B.
The amount of the deposit shall always be maintained by the consumer at
the above-mentioned amount; and if reduced below that amount by application to
any arrearage, the water may be shut off by the City until the amount due on the
deposit is paid, as well as any unpaid balance.
(Ord 674 § 2, 2001)
13.04.290
Liens and other collection enforcement procedures.
Water and sewer user charges shall be a lien against the premises served
from and after the date of billing and entry on the ledger or other records of
the City pertaining to its water/sewer system; and such ledger records or other
records (lien docket) shall remain accessible for inspection by anyone
interested in ascertaining the amount of such charges against the property.
Whenever a bill for water or sewer service remains unpaid ninety days
after it has been rendered, the lien thereby created may be foreclosed in any
manner provided for by general state laws and/or City ordinances.
(Ord. 674 § 3, 2001)
13.04.295
Payment delinquency - Refusal of service request
Any person requesting water or sewer services from the City, who owes the
City any moneys and is delinquent with regard to such moneys, shall not be
allowed such requested services until the person has made arrangements
satisfactory to the City to pay such moneys.
(Ord. 674 § 4, 2001)
13.04.300
Meter error.
A.
Meter Test. Prior to installation, each meter will be tested and no meter
found to register more than two percent fast or slow under conditions of normal
operation will be placed in service. On customer request:
1.
A customer may, giving not less than one week's notice, request the city
to test the meter serving the premises.
2.
City may require the customer to deposit an amount set by resolution to
cover the reasonable cost of such test.
3.
The deposit will be returned if the meter is found to register more than
two percent fast. If the meter is found to register less than or equal to two
percent fast, the city shall retain the customer's deposit to cover the
reasonable cost of said test. The customer will be notified not less than five
days in advance of the time and place of the test.
4.
A customer or his or her representative shall have the right to be
present when the test is made.
5.
A written report, giving the results of the test, shall be available to
the customer after completion of the test.
B.
Adjustment of Bills for Meter Errors:
1.
Fast Meters. When, upon test, a meter is found to be registering more
than two percent fast, under conditions of normal operation, the city will
refund to the customer the full amount of the overcharge based on corrected
meter readings for a period not exceeding three months, that the meter was in
use.
2.
Slow Meters.
a.
When, upon test, a meter used for domestic or residential service is
found to be registering more than twenty-five (25) percent slow, the city may
bill the customer for the amount of the undercharge based upon corrected meter
readings for a period not exceeding one month that the meter was in use.
b.
When, upon test, a meter used for other than domestic or residential
service is found to be registering more than five percent slow, the city may
bill the customer for the amount of undercharge upon correct meter readings for
a period not exceeding one month that the meter was in use.
3.
Nonregistering Meters. The city may bill a customer for water consumed
while the meter was not registering. The bill will be at the minimum monthly
rate or will be computed upon an estimate of consumption based either upon the
customer's prior use during the same season of the year or upon a reasonable
comparison with the use of other customers receiving the same class of service
during the same period and under similar circumstances and conditions.
4.
When there has been an overbilling due to meter reading error, the bill
shall be adjusted at the next billing date after the error is discovered. The
bill for the prior month will be at the minimum rate or will be computed upon an
estimate of consumption based either upon the customer's prior use during the
same season of the year or upon a reasonable comparison with the use of other
customers receiving the same class of service during the same period. The amount
overpaid by the customer shall be returned by check.
5.
Adjustment on Account of Underground Leaks. Where a leak exists
underground between the meter and the building and the same is repaired within
ten (10) days after the owner, agent or occupant of the premises has been
notified of such leakage, the city may allow an adjustment of up to fifty (50)
percent of the estimated excess consumption, as determined by the city. (Ord.
641 § 5.4, 1997)
13.04.310
Billing of separate meters.
Each meter on the customer's premises will be billed separately and the
readings of two or more meters will not be combined unless specifically provided
for in the rate schedule, or unless the city water utility's operating
convenience requires the use of more than one meter, or of a battery of meters.
(Ord. 641 § 5.5, 1997)
13.04.320
Water use charges.
Rates for water service and all fees, charges or assessments provided for
in these water regulations shall be established by resolution of the city
council, and may be amended or altered from time to time by resolution. (Ord.
641 § 5.6, 1997)
Chapter
13.08
SEWER
SERVICE SYSTEM GENERALLY
Sections:
13.08.010
Definitions.
13.08.020
Use of public sewers required.
13.08.030
Connection charges.
13.08.040
Private sewage disposal.
13.08.050
Building sewer and connections.
13.08.060
Use of public sewers.
13.08.070
Industrial cost recovery.
13.08.080
Protection from damage.
13.08.090
Powers and authority of inspectors.
13.08.100
Penalties.
13.08.110
Recovery of damages.
13.08.120
Toilets required at construction sites.
13.08.010 Definitions.
Unless the context specifically indicates otherwise, the meaning of terms
used in this chapter shall be as follows:
“BOD” (denoting biochemical oxygen demand) means the quantity of
oxygen utilized in the biochemical oxidation of organic matter under a standard
laboratory procedure in five days at twenty (20) degrees Celsius expressed in
parts per million by weight.
“Building drain” means that part of the lowest horizontal piping of a
drainage system which receives the discharge from soil, waste and other drainage
pipes inside the walls of the building and conveys it to the building sewer,
beginning five feet outside the inner face of the building wall.
“Building sewer” means the extension from the building drain to the
property line or right- of-way line and connection with the public sewer service
connection.
“City” means the city of Waldport, Oregon.
“Engineer” means the city engineer of the city of Waldport or his or
her authorized deputy, agent or representative.
“Garbage” means solid wastes from the preparation, cooking and
dispensing of food, and from the handling, storage and sale of produce.
“Industrial wastes” means the liquid wastes from industrial processes
as distinct from sanitary sewage.
“Natural outlet” means any outlet into a watercourse, pond, ditch,
lake or other body or surface or ground water.
“Person” means any individual, firm, company, association, society,
corporation or group.
“pH” means the logarithm of the reciprocal of the weight of hydrogen
ions in grams per liter of solution.
“Properly shredded garbage” means the wastes from the preparation,
cooking and dispensing of foods that have been shredded to such a degree that
all particles will be carried freely under the flow and conditions normally
prevailing in public sewers, with no particles greater than one-half inch in any
dimension.
“Public sewer” means a sewer in which all owners of abutting
properties have equal rights and is controlled by public authority.
“Sanitary sewer” means a sewer which carries sewage and to which
storm, surface and ground water are not intentionally admitted.
“Service connection” means a public sewer which has been constructed
to the property line or right of way line from a public sewer lateral or main
for the sole purpose of providing a connection for the bu