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.
    A. User charges shall be levied on all users of the public treatment works. Such charges shall cover the costs of operation and maintenance, replacement, provision, capital expenditures, billing and other administrative costs of such treatment works.
    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)
    G. Reserve Charge. The Council shall adopt and collect a reserve charge from all users of the system. The monies collected shall be segregated from other water user charges and placed in a separate account within the water fund. The account shall be used to accumulate monies to pay for unexpected and unanticipated expenses or to pay off debt associated with the fund. Any expenditures shall be consistent with the Financial Management Policies of the City. When the account balance reaches three hundred fifty thousand dollars ($350,000.00) the Council shall re-evaluate the charge and determine the appropriate level of future charges. (Ord. 730 § 2, 2009)

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 required 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)

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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 building sewer.
    "Sewage" means a combination of the water-carried wastes, from residences, business buildings, institutions, and industrial establishments, together with such ground, surface and storm waters as may be present.
    "Sewage treatment plant" means any arrangement of devices and structures used for treating sewage.
    "Sewage works" means all City-owned facilities for collecting, pumping, treating and disposing of sewage.
    "Sewer" means a pipe or conduit for carrying sewage.
    "Storm sewer" or "storm drain" means a sewer which carries storm and surface waters and drainage, but excludes sewage and polluted industrial wastes.
    "Suspended solids" means solids that either float on the surface, or are in suspension in water, sewage, or other liquids; and which are removable by the laboratory filtering.
    "Watercourse" means a channel in which a flow of water occurs, either continuously or intermittently. (Ord. 602 § 1, 1993)

13.08.020 Use of public sewers required.
    A. It is unlawful for any person to place or permit to be deposited in any unsanitary manner upon public or private property within the City, or in any area under the jurisdiction of City any human excrement, garbage or other objectionable waste.
    B. It is unlawful to discharge to any natural outlet within the City or in any area under the jurisdiction of the City, any unsanitary sewage, industrial wastes, or other polluted waters, except where suitable treatment has been provided in accordance with subsequent provisions of this chapter.
    C. Except as hereinafter provided, it is unlawful to construct or maintain any privy, privy vault, septic tank, cesspool, or other facility intended or used for the disposal of sewage within the corporate limits of the City or in any area under the jurisdiction of the City.
    D. The owner of all houses, buildings, or properties used for human occupancy, employment, recreation or other purposes, situated within the City and abutting on any street, alley or right of way in which there is now located or may in the future be located a public sanitary sewer of the City is required at his or her expense to connect such facilities directly with the proper public sewer, either by gravity or with approved pumping facilities, in accordance with the provisions of this chapter, within one hundred eighty (180) days after the date of official notice to do so, provided that said public sewer is available to or on the property and/or at a property line of said property and the structures or buildings are within two hundred (200) feet of the public sewer. In the event that, during the said period of one hundred eighty (180) days, the said owner shall file his or her written objections with the City Recorder against so being required to install said facilities, the City shall not enforce the provisions of this subsection upon said owner so filing his or her objections until the Council shall have, at a meeting thereof, heard the said objections of said owner, and rendered its decision thereon. The said meeting of the Council shall be held not less than ten (10) days or more than thirty (30) days from and after the date of the filing of said objections with the City Recorder. Not less than seven days prior to the date set by the Council for said meeting, the City shall give due notice of the date set therefor to said owner. The decision of the Council shall be final and no appeal shall be taken therefrom by said owner except as is provided by law. (Ord. 602 § 2, 1993)

13.08.030 Connection charges.
    A. All houses, buildings or properties used for human occupancy, employment, recreation, or other purposes which are required to connect to the public sewer under the provisions of this chapter shall pay a connection charge for each separate service connection provided to the property. When one service connection serves two or more buildings each building shall pay a connection charge.
    B. The connection charge for all persons required to connect to the sewer after the effective date hereof shall be the sum of six hundred fifty dollars ($650.00). All persons required to connect to the sewer system shall have the obligation of paying the connection charge in cash. Beginning May 13, 1994, the connection fee and the monthly service charges will be set annually by the City Council.
    C. The City Council within its judgment may provide that owners of property in an area or areas within the City not served by the sewage system but desiring to be served by said sewer system may construct the sewer facilities on said properties; provided, however, that any such sewer facilities shall be in accordance with plans and specifications approved by the Engineer of the City, in accordance with plans and specifications approved by the State Department of Environmental Quality and installed in a manner satisfactory to and approved by a person authorized to inspect said sewer installations by the City.
    It being further provided that in the event of a new service connection to the present sewer facilities of the City, or in the event of any extension of the sewer system to serve a user who may be a large water user, then and in that event, the Council as provided shall fix the connection charge to be paid by said sewer users, said Council to take into consideration the gallonage of water to be used by said business and any and all other factors which may affect the ultimate use of the sewage works of the City.
    In all those areas where expansion is done by private persons under supervision of the City as provided for in this section, the City and the persons doing the work shall agree as to the time within which said sewer extension work shall be done and upon completion of said work and acceptance thereof by the City, said sewer mains, laterals, and connections shall be turned over to the City free and clear of any and all expenses for the construction and installation thereof. The person, persons, or company doing the work before turning over the sewers, mains and laterals to the City shall prepare a map or plat showing all of the property served by said facilities and the lots, parts of lots, or parcels of ground actually connected to said sewers. Each of the owners of said lots, parts of lots, or parcels of land shall, when connecting to the sewer, pay to the City a connection charge for the type of property served as provided for in subsection C of this section.
    It is further provided that all other properties served by said sewer installation, but which do not have a service connection running from the sewer mains or laterals to the property lines, shall, when connected up, pay a connection charge.
    D. In the event a further expansion of the City sewer system be made by the City itself, the connection charge shall be as in subsection B of this section. (Ord. 602 § 3, 1993)

13.08.040 Private sewage disposal.
    A. Where a public sanitary sewer is not available under the provisions of Section 13.08.020(D) of this chapter, the building sewer shall be connected to a private sewage disposal system complying with the requirements of the Oregon State Department of Environmental Quality, the Oregon State Board of Health, and the Oregon Plumbing Speciality Code.
    B. At such time as a public sewer becomes available to a property served by a private sewage disposal system, as provided in Section 13.08.020(D) of this chapter, a direct connection shall be made to the public sewer in compliance with this chapter, and any septic tanks, cesspools, and similar private sewage disposal facilities shall be abandoned and filled with suitable material, except as the City Council shall otherwise permit.
    C. The provisions of this chapter shall be in addition to and not in derogation of the requirements of general law. (Ord. 602 § 4, 1993)

13.08.050 Building sewer and connections.
    A. No unauthorized person shall uncover, make any connections with or opening into, use, alter, or disturb any public sewer or appurtenances thereto and no person, firm, or corporation shall make any connection to any part of the sewer system without first making an application and securing a permit therefor.
    B. There shall be two classes of building sewer permits: (1) For residential and commercial service, and (2) for service to establishments producing industrial wastes. In either case, the owner or his or her agent shall make application on a special form furnished by the City. The permit applications shall be supplemented by any plans, specifications, or other information considered pertinent to the Engineer's judgment. A permit and inspection fee of twenty-five dollars ($25.00) shall be paid to the City Recorder at the time the application is filed. No permit shall be issued until the connection charge specified in Section 13.08.030 of this chapter has been paid.
    C. All costs and expenses incidental to the installation and connection of the building sewer shall be borne by the owner. The owner shall indemnify the City from any loss or damage that may directly or indirectly be occasioned by the installation.
    D. Old building sewers may be used in connection with new buildings, or new buildings sewers only when they are found upon examination and testing by the Engineer, to meet all requirements of this chapter.
    E. The size, slope, alignment, materials of construction of a building sewer, and the methods to be used in excavating, placing of the pipe, jointing, testing, and back-filling the trench, shall all conform to the requirements of the Oregon Plumbing Speciality Code or other applicable rules and regulations of the City.
    F. Building sewer connections shall be made on the house side of the septic tank to the existing cast iron soil pipe or approved existing A.C. or other pipe. When connecting cast iron soil pipe to asbestos-cement or other pipe, a special approved adaptor shall be used. Connection of the building sewer to the City sewer at the property line shall be with an approved adaptor.
    G. The first fitting at the connection with the public sewer and the building sewer shall be an A.C. or PVC tee, furnished by the owner. The tee branch shall extend vertically to within one foot of finished ground surface and shall be sealed with an approved cap or plug. This riser shall be used for inserting a test plug for water testing the building sewer and as an auxiliary cleanout. Backfilling around the riser shall be done in such a manner so as not to damage the pipe.
    H. The size and slope of the building sewer shall be subject to the approval of the City, but in no event shall the diameter be less than four inches. The slope of such four-inch shall not be less than one-eighth inch per foot.
    I. Building sewers serving buildings with basements shall, whenever possible, be brought to the building at an elevation below the basement floor.
    J. The building sewer shall be laid at uniform grade and in straight alignment insofar as is possible. Changes in direction shall be made only with curved pipe no greater than forty-five (45) degree long radius bends. No forty-five (45) degree or ninety (90) degree short radius elbow shall be used. All pipe shall be laid on a four inch granular base of three-quarters minus rock, pea gravel, sand or combination thereof and the trench backfill to six inches over the pipe.
    K. In all buildings in which any building drain is too low to permit gravity flow to the public sewer, sanitary sewage carried by such drain shall be lifted by approved artificial means and discharged to the building sewer.
    L. All excavations required for the installation of a building sewer shall be open trench work unless otherwise approved by the Engineer. No backfilling of the trench shall be done until receipt of written approval from the City.
    M. All joints and connections shall be made gastight and watertight.
    N. The applicant for building sewer permit shall notify the City when the building sewer is ready for inspection and connection to the public sewer. After final approval and testing of the building sewer by the City, the owner shall make the final connection to the building drain, unless otherwise authorized by the City. A thirty (30) minute internal hydrostatic test will be required on all building sewers before connection is made to the building drain. All water, plugs and other facilities for making the test shall be furnished by the applicant. Minimum head over the top of the pipe shall be two feet and maximum allowable leakage shall be four gallons per hour per one hundred (100) feet.
    O. No plumbing contractors shall be allowed to make connections of private sewers to the sewage works of the City on behalf of any owners of property therein without first posting with the City a bond in the sum of one thousand dollars ($1,000.00), indemnifying the City and the inhabitants thereof against any loss or damage which the City or the inhabitants thereof might suffer by reason of the action of said contractors in making said connections. (Ord. 602 § 5, 1993)

13.08.060 Use of public sewers.
    A. No person shall discharge or cause to be discharged any storm water, surface water, groundwater, roof runoff, subsurface drainage, cooling water, or unpolluted industrial process to any sanitary sewer.
    B. Storm water and all other unpolluted drainage shall be discharged to such sewers as are specifically designated as storm sewers or to a natural outlet.
    C. Except as hereinafter provided, no person shall discharge or cause to be discharged any of the following described water or wastes to any public sewer.
    1. Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Celsius;
    2. Any gasoline, grease, oils, paint, benzine, naphtha, fuel oil, or other flammable or explosive liquid, solid or gas;
    3. Any ashes, cinders, sand, mud, straw, shavings, metal, glass, rags, feathers, tar, plastics, wood, paunch manure, or any other solid or viscous substance capable of causing obstructions to the flow in sewers or other interference with the proper operation of the sewer works;
    4. Any waters or wastes containing a toxic or poisonous substance in sufficient quantity to injure or interfere with any sewage treatment process, constitute a hazard to humans or animals, or create any hazard in the receiving waters of the sewage treatment plant;
    5. Any waters or wastes having a pH lower than 5.5 or higher than 9.0 having any other corrosive property capable of causing damage or hazard to structures, equipment, and personnel of the sewage works;
    6. Any waters or wastes containing suspended solids of such character and quantity that unusual attention or expense is required to handle such material at the sewage treatment plant;
    7. Any noxious or malodorous gas or substance capable of creating a public nuisance, including the contents of septic tanks and cesspools, without written consent of the Engineer.
    D. Grease, oil and sand interceptors shall be provided when in the opinion of the Engineer they are necessary for the proper handling of liquid wastes containing grease in excessive amount, or any flammable wastes, sand, and other harmful ingredients, except that such interceptors shall not be required for private living quarters. All interceptors shall be of a type and capacity approved by the Engineer and shall be located so as to be readily and easily accessible for cleaning and inspection, and shall be maintained by the owner, at his or her expense, in continuously efficient operation at all times.
    E. The admission into the public sewers of any waters or wastes having (a) a five-day biochemical oxygen demand greater than three hundred (300) parts per million by weight, or (b) containing any quantity of substances having the characteristics described in Section 13.08.010 of this chapter, or (c) containing more than three hundred fifty (350) parts per million by weight of suspended solids, or (d) having an average daily flow greater than two percent of the average daily sewage flow of the City shall be subject to the review and approval of the Engineer. The owner shall provide, at his or her expense, such preliminary treatment as may be necessary. Plans, specifications, and any other pertinent information relating to the proposed preliminary treatment facilities shall be submitted for the approval of the Engineer and of the Oregon State Sanitary Authority, and no construction of such facilities shall be commenced until said approvals are obtained in writing.
    F. When required by the Engineer, the owner of any property served by a building sewer carrying industrial wastes shall install a suitable control manhole in the building sewer to facilitate observation, sampling, and measurement of the wastes. Such manhole, when required, shall be accessible at all times.
    G. When preliminary treatment facilities are provided for any waters or wastes, they shall be maintained continuously in satisfactory and effective operation, by the owner at his or her expense.
    H. All measurements, test and analyses of the characteristics of waters and wastes to which reference is made above shall be determined in accordance with "Standard Methods for the Examination of Water and Sewage," and shall be determined at the control manhole. In the event that no special manhole has been required, the control manhole shall be considered to be the nearest downstream manhole in the public sewer to the point at which the building sewer is connected.
    I. No statement contained in this article shall be construed as preventing any special agreement or arrangement between the City and any industrial concern whereby an industrial waste or unusual strength or character may be accepted by the City for treatment subject to payment therefor by the industrial concern. (Ord. 602 § 6, 1993)

13.08.070 Industrial cost recovery.
    A. All industrial users shall be required to pay that portion of the Federal assistance grant under PL 92-500 allocable to the treatment of waste from such users.
    B. The system for industrial cost recovery shall be implemented and maintained according to the following requirements:
    1. Each year during the industrial cost recovery period each industrial user of the treatment works shall pay its share of the total Federal grant amount divided by the recovery period.
    2. The industrial cost recovery period shall be equal to forty (40) years or the useful life of the treatment works, whichever is less.
    3. Payments shall be made by industrial users no less often than annually. The first payment by an industrial user shall be made not later than one year after such user begins use of the treatment works.
    4. An industrial user's share shall be based on all factors which significantly influence the cost of the treatment works such as strength, volume, and flow rate characteristics. As a minimum, an industry's share shall be based on its flow versus treatment works capacity except in unusual cases.
    5. An industrial user's share shall be adjusted when there is a substantial change in the strength, volume, or flow rate characteristics of the user's wastes, or if there is an expansion or upgrading of the treatment works.
    6. An industrial user's share shall not include any portion of the Federal grant amount allocable to unused or unreserved capacity.
    7. An industrial user's share shall include any firm commitment to the City of increased use by such user.
    8. An industrial user's share shall not include an interest component.
    C. This requirement applies only to those features of wastewater treatment and transportation facilities which have been constructed with Federal assistance administered by the U.S. Environmental Protection Agency under PL 92-500. (Ord. 602 § 7, 1993)

13.08.080 Protection from damage.
No person, or persons, shall unlawfully, maliciously, willfully, or as the result of gross negligence on his or her or their part, break, damage, destroy, uncover, deface or tamper with any structure, facility, appurtenance or equipment which is a part of the sanitary sewer system of the City. This section does not apply, however, to any employee of the City during the time he or she is engaged in his or her official employment, nor to any person or persons authorized to work in any manner thereon. (Ord. 602 § 8, 1993)

13.08.090 Powers and authority of inspectors.
The Engineer and other duly authorized employees of the City bearing proper credentials and identification shall be permitted to enter upon all properties for the purposes of inspection, observation, measurement, sampling and testing, in accordance with the provisions of this chapter at such times and during such hours that the Council shall approve. (Ord. 602 § 9, 1993)

13.08.100 Penalties.
    A. No person shall violate any of the provisions of this chapter. Any person who violates any section of this chapter, other than Section 13.08.080, shall be fined a sum not to exceed fifty dollars ($50.00) upon the first violation within a twenty-four (24) month period, two hundred fifty dollars ($250.00) upon the second violation, and one thousand dollars ($1,000.00) upon the third violation and each violation subsequent to the third. If the violation is of a continuing nature, each day upon which the violation continues shall be deemed a separate offense. In addition to the above fine, any person violating any provisions of any section of this chapter, other than Section 13.08.080, shall become liable to the City for any expense, loss or damage occasioned by the City by reason of such violation.
    B. Any person who violates Section 13.08.080 of this chapter shall be guilty of a Class A misdemeanor. (Ord. 602 § 10, 1993)

13.08.110 Recovery of damages.
Any person or persons who, as the result of violating any of the provisions of this chapter, cause any expense, loss or damage to the City, shall immediately become liable to the City for the full sum of such expense, loss or damage. The Council may, at its discretion, instruct the City Attorney to proceed against any such person or persons, in any court of competent jurisdiction, in a civil action to be brought in the name of the City of Waldport, for the recovery of the full sum of any such expense, loss, or damage sustained by the City. (Ord. 602 § 11, 1993)

13.08.120 Toilets required at construction sites.
Before the construction of any building or structure is started, a temporary water-flushed toilet or an approved chemical toilet shall be installed, or shall be available on the jobsite for the use of the workers. This temporary toilet shall be maintained throughout the construction of the building or structure. If a water-flushed toilet is used, such toilet shall be connected to the sewer with approved joints. The person in whose name the building permit for the construction has been issued is charged with the requirement for providing the temporary water-flushed toilet or approved chemical toilet and is charged with the requirement of maintenance of said facilities during the course of construction. If other toilet facilities within two hundred fifty (250) feet of the job site have been arranged for, that shall be satisfactory to the requirements of this section. (Ord. 432, 1981)

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Chapter 13.12

SEWER USER CHARGES

Sections:
13.12.010 Definitions.
13.12.020 Sewer user charges.
13.12.030 Responsibility, payment, delinquencies and penalties.
13.12.040 Handling of funds.
13.12.050 Appeals.

13.12.010 Definitions.
    "BOD" (biochemical oxygen demand) means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at twenty (20) degrees Celsius, expressed in milligrams per liter.
    "Collection system" means the system of public sewers to be operated by the City designed for collection of sanitary sewage.
    "Commercial user" means any premises used for commercial or business purposes which are not used by an industrial user as defined in this chapter.
    "Domestic waste" means any wastewater emanating from dwellings.
    "Equivalent residential unit (ERU)" means a volume of wastewater which incurs the same costs for operations and maintenance as the average volume of domestic waste discharged from an average residential dwelling unit in the treatment works service area. For purposes of making this determination the City shall utilize the metered water use records of the City of Waldport. Where a user believes his or her wastewater discharge to the treatment works is substantially different than his or her water consumption, an appropriate adjustment shall be made by the public works Superintendent, providing the user demonstrates to the satisfaction of the City the actual wastewater discharge. The volume attributed to an ERU where the BOD, suspended solids or other characteristics of the wastewater discharged by a user is significantly greater than domestic waste shall be adjusted to account for the difference in the costs of treatment.
    "Industrial user" means a nongovernmental, nonresidential user of the public treatment works which is identified in the Standard Industrial Classification Manual, 1972, Office of Management and Budget, as amended and supplemented, under the following divisions:
    1. Division A - Agriculture, forestry and fishing;
    2. Division B - Mining
    3. Division D - Manufacturing
    4. Division E - Transportation, communications, electric, gas and sanitary services;
    5. Division I - Services
A user in these divisions may be excluded from the industrial category if it is determined that it will introduce primarily domestic waste and waste from sanitary conveniences.
    "Industrial waste" means that portion of the wastewater emanating from an industrial user which is not domestic waste or waste from sanitary conveniences.
    "Operation and maintenance" means activities required to ensure the dependable and economical function of collection and treatment works.
    1. Maintenance. Preservation of functional integrity and efficiency of equipment and structures. This includes preventive maintenance, corrective maintenance and replacement of equipment.
    2. Operation. Control of the unit processes and equipment that make up the collection and treatment works. This includes keeping financial and personal management records, laboratory control, process control, safety and emergency operation planning, employment of attorneys and consultants, payment of court costs; and payment of any costs or fees reasonably associated with any of the above.
    "Person" means any individual, firm, company, association, society, corporation or group.
    "Public treatment works" means a treatment works owned and operated by a public authority.
    "Replacement" means obtaining and installing equipment accessories or appurtenances that are necessary during the design or useful life, whichever is longer, of the collection and treatment works to maintain the capacity and performance for which such works were designed and constructed.
    "Residential user" means user of a single-family dwelling.
    "Service area" means all the area served by the treatment works and for which there is one uniform user charge system.
    "Sewage" means a combination of water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such ground, surface, and storm waters as may be present. The term "sewage" means wastewater.
    "Sewage treatment plant" means an arrangement of devices and structures used for treating sewage.
    "Shall" is mandatory, "may" is permissible.
    "Suspended solids" means solids that either float on the surface of, or are in suspension in water, sewage, or other liquids and which are removable by laboratory filtering.
    "Treatment works" means all facilities for collecting, pumping, treating, and disposal of sewage. "Treatment system" and "sewerage system" shall be equivalent terms for "treatment works."
    "User" means every person using any part of the public treatment works of the City of Waldport.
    "User charge" means the monthly charges levied on all users of the public treatment works, and shall, at a minimum, cover each user's proportionate share of the cost of operation and maintenance (including replacement) of such works as provided under Section 204 (b)(1)(A) of the Clean Water Act. (Ord. 591 § 1, 1992)

13.12.020 Sewer user charges.
    A. User charges shall be levied on all users of the public treatment works. Such charges shall cover the costs of operation and maintenance, replacement, collection, capital expenditures, billing and other administrative costs of such treatment works.
    B. Imposition of Charges - Purpose. Charges for connections to the public sewer system and subsequent sewer 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 wastewater treatment services.
    E. Charges - Review by City. The user service charges shall be reviewed and revised at least semi-annually to reflect actual costs of operation and maintenance, replacement and financing of the treatment works, and to maintain the equitably of user service charges with respect to proportional distribution of the costs of operation and maintenance.
    F. Charges - Determination Generally. A user service charge shall be levied on all users served by public sewer, and the charges shall be determined as set out in subsections H through I of this section.
    G. Base Charge. A minimum base charge shall be charged monthly for each residential dwelling meter and each commercial business meter, as provided in this chapter. 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.
    H. Residential Users. Residential users charges for non-summer months shall be based on the user's metered water consumption, except as provided in this chapter. The summer is defined to include the months of June through September. A use charge to a residential user shall be based on said user's average monthly water consumption for the previous months from October through May as read from the user's water meter, except as provided in this chapter. In the case where water service has been turned off for not more than one month during the winter months, the remaining months of record shall be used for calculating the average. Residential sewer users not having a previous consumption for at least three of the months called for herein shall have their sewer consumption determined by administrative policy.
    For the months of June, July, August and September of the year 2001 only, the summer sewer average for residential customers will be set at 6 (six) units, which is the calculated residential average as determined by Ray Bartlett of Economic and Financial Analysis.
    I. Commercial and Industrial Users. Commercial and industrial user charges shall be based on the user's metered water consumption, except as provided in this chapter. Where separate nonsewer use related meters are installed by the user, a sewer user charge will not be levied on that meter.
    J. Charges When Meter Not Operating. If a user's water meter is not operating during the billing period, the user service charge shall be equal to such user's last monthly billing prior to the meter malfunction.
    K. Reserve Charge. The Council shall adopt and collect a reserve charge from all users of the system. The funds collected shall be segregated from other sewer user charges and placed in a separate account within the sewer fund. The account shall be used to accumulate monies to pay for unexpected and unanticipated expenses or to pay off debt associated with the fund. Any expenditures shall be consistent with the Financial Management Policies of the City. When the account balance reaches three hundred fifty thousand dollars ($350,000.00) the Council shall re-evaluate the charge and determine the appropriate level of future assessment.
    L. Adjustment on Account of Leaks.
    1) In circumstances where there is a waterline break during which no water enters the sanitary sewer system, an adjustment may be made to the sewer bill upon provision of proof that a repair has been made, or following a subsequent reading which shows the excessive consumption has abated. This adjustment will reduce the sewer bill to an averaged amount, based on the previous year’s consumption during the same period of time, or a calculated average based upon customer information for a lesser period of time or other reasonable criteria as determined by the CAO or designee.
    2) In circumstances where the leak has allowed excessive water to enter the sanitary sewer system, an adjustment may be made to the sewer bill upon provision of proof that a repair has been made, or following a subsequent reading which shows the excessive consumption has abated. This adjustment will reduce the sewer bill to fifty (50) percent of the difference between the leak billing and an averaged amount based on the previous year’s consumption during the same period of time, or a calculated average based upon customer information for a lesser period of time or other reasonable criteria as determined by the CAO or designee. An example of this calculation is as follows: Leak bill = 20 units used; Average bill = 10 units; Reduction = 5 units (20 - 10 = 10 X .50 = 5). (Ord. 657 § 1, 1999; Ord. 648 § 1, 1998; Ord. 591 § 2, 1992; Ord 671 § 1, 2001; Ord 694 § 1, 2004; Ord 730 § 1, 2009)

13.12.030 Responsibility, payment, delinquencies and penalties.
All provisions of Waldport Municipal Code Section 13.04.240, and Sections 13.04.270-13.04.290 as amended shall apply for sewer service. (Ord 674 § 5, 2001)

13.12.040 Handling of funds
    A. Bills for sewer user charges shall be mailed to the address specified in the application for a permit to make the connection unless or until a different owner or user of the property is reported to the department of public works.
    B. All collections of sewer user charges shall be made by the City Recorder. Sewer user charges shall be computed as provided in Section 13.12.020 of this chapter and shall be payable as provided in Section 13.12.030 of this chapter.
    C. The City Recorder is directed to deposit in the sewer fund all of the gross revenues received from charges, rates, and penalties collected for the use of the sewerage system as herein provided.
    D. The revenues thus deposited in the sewer fund shall be used exclusively for the operation, maintenance, and repair of the sewerage system; administration costs, expenses of collection of charges imposed by this chapter and payments of the principal and interest on any debts of the sewerage system of the City. (Ord. 591 § 5, 1992)

13.12.050 Appeals.
Appeal of the rate established by the City shall be made in writing to the City Recorder within fifteen (15) days of the billing of said use fee. The City Recorder shall respond in writing within ten (10) days of the receipt of the appeal. If the user wishes to appeal further, they shall request in writing that the City Recorder place their specific appeal on the next scheduled regular City Council session. The decision of the City Council shall be final. (Ord. 591 § 6, 1992)

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Chapter 13.16

SYSTEM DEVELOPMENT CHARGES

 Sections:
13.16.010 Purpose.
13.16.020 Scope.
13.16.030 Definitions.
13.16.040 System development charge established.
13.16.050 Methodology.
13.16.060 Authorized expenditures.
13.16.070 Expenditure restrictions.
13.16.080 Improvement plan.
13.16.090 Collection of charge.
13.16.100 Installment payment.
13.16.110 Exemptions.
13.16.120 Credits.
13.16.130 Notice.
13.16.140 Segregation and use of revenue.
13.16.150 Appeal procedure.
13.16.160 Prohibited connection.
13.16.170 Violation—Penalty.
13.16.180 Construction.
13.16.190 Classification.

13.16.010 Purpose.
The purpose of the system development charge is to impose a portion of the cost of capital improvements for water, wastewater, streets, drainage and flood control, and parks upon those developments that create the need for or increase the demands on capital improvements. (Ord. 636 § 1, 1996)

13.16.020 Scope.
The system development charge imposed by this chapter is separate from and in addition to any applicable tax, assessment, charge, or fee otherwise provided by law or imposed as a condition of development. (Ord. 636 § 2, 1996)

13.16.030 Definitions.
For purposes of this chapter, the following definitions shall apply:
    "Capital improvements" means facilities or assets used for:
    1. Water supply, treatment, storage, and distribution;
    2. Waste water collection, transmission, treatment and disposal;
    3. Drainage and flood control;
    4. Transportation; or
    5. Parks and recreation.
    "Development" means conducting a building or mining operation, making a physical change in the use or appearance of a structure or land, dividing land into two or more parcels (including partitions and subdivisions), and creating or terminating a right of access.
    "Improvement fee" means a fee for costs associated with capital improvements to be constructed after the date the fee is adopted pursuant to Section 13.16.040 of this chapter.
    "Land area" means the area of a parcel of land as measured by projection of the parcel boundaries upon a horizontal plane with the exception of any portion of the parcel within a recorded right-of-way or easement subject to a servitude for a public street or scenic or preservation purpose.
    "Owner" means the owner or owners of record title or the purchaser or purchasers under a recorded sales agreement, and other persons having an interest of record in the described real property.
    "Parcel of land" means a lot, parcel, block or other tract of land that is occupied or may be occupied by a structure or structures or other use, and that includes the yards and other open spaces required under the zoning, subdivision, or other development ordinances.
    "Permittee" means the person to whom a building permit, development permit, a permit or plan approval to connect to the sewer or water system, or right-of-way access permit is issued.
    "Qualified public improvements" means a capital improvement that is:
    1. Required as a condition of residential development approval;
    2. Identified in the plan adopted pursuant to Section 13.16.080 of this chapter; and either
    3. Not located on or contiguous to a parcel of land that is the subject of the development approval; or
    4. Located in whole or in part on or contiguous to property that is the subject of development approval and required to be built larger or with greater capacity than is necessary for the particular development project to which the improvement fee is related.
    5. For purposes of this definition, "contiguous" means in a public way which abuts the parcel.
    "Reimbursement fee" means a fee for costs associated with capital improvements constructed or under construction on the date the fee is adopted pursuant to Section 13.16.040 of this chapter.
    "System development charge" means a reimbursement fee, an improvement fee or a combination thereof assessed or collected at the time of issuance of a building permit. "System development charge" includes that portion of a sewer or water system connection charge that is greater than the amount necessary to reimburse the City for its average cost of inspecting and installing connections with water and sewer facilities. "System development charge" does not include fees assessed or collected as part of a local improvement district or a charge in lieu of a local improvement district assessment, or the cost of complying with requirements or conditions imposed by a land use decision. (Ord. 640 § 1, 1997: Ord. 636 § 3, 1996)

13.16.040 System development charge established.
    A. System development charges shall be established and may be revised by resolution of the Council. The resolution shall set the amount of the charge, the type of permit to which the charge applies, and, if the charge applies to a geographic area smaller than the entire City, the geographic area subject to the charge.
    B. Unless otherwise exempted by the provisions of this chapter or other local or state law, a system development charge is imposed upon all development within the City, and upon all development outside the boundary of the City that connects to or otherwise uses the sewer facilities, storm sewers, or water facilities of the City. (Ord. 640 § 2, 1997: Ord. 636 § 4, 1996)

13.16.050 Methodology.
    A. The methodology used to establish the reimbursement fee shall consider the cost of then-existing facilities, prior contributions by then-existing users, the value of unused capacity, rate-making principles employed to finance publicly owned capital improvements, and other relevant factors identified by the Council. The methodology shall promote the objective that future systems users shall contribute no more than an equitable share of the cost of then-existing facilities.
    B. The methodology used to establish the improvement fee shall consider the cost of projected capital improvements needed to increase the capacity of the systems to which the fee is related.
    C. The methodology used to establish the improvement fee or the reimbursement fee, or both, shall be contained in a resolution adopted by the Council. (Ord. 636 § 5, 1996)

13.16.060 Authorized expenditures.
    A. Reimbursement fees shall be applied only to capital improvements associated with the systems for which the fees are assessed, including expenditures relating to repayment of indebtedness.
    B. 1.　Improvement fees shall be spent only on capacity increasing capital improvements, including expenditures relating to repayment of debt for the improvements. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by existing facilities or provides new facilities. The portion of the capital improvements funded by improvement fees must be related to demands created by current or projected development.
    2. A capital improvement being funded wholly or in part from revenues derived from the improvement fee shall be included in the plan adopted by the City pursuant to Section 13.16.080 of this chapter.
    C. Notwithstanding subsections A and B of this section, system development charge revenues may be expended on the direct costs of complying with the provisions of this chapter, including the costs of developing system development charge methodologies and providing an annual accounting of system development charge expenditures. (Ord. 636 § 6, 1996)

13.16.070 Expenditure restrictions.
    A. System development charges shall not be expended for costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements.
    B. System development charges shall not be expended for costs of the operation or routine maintenance of capital improvements. (Ord. 636 § 7, 1996)

13.16.080 Improvement plan.
The Council shall adopt a plan that:
    A. Lists the capital improvements that may be funded with improvement fee revenues;
    B. Lists the estimated cost and time of construction of each improvement; and
    C. Describes the process for modifying the plan. In adopting this plan, the Council may incorporate by reference all or a portion of any public facilities plan, master plan, capital improvements plan or similar plan that contains the information required by this section. (Ord. 636 § 8, 1996)

13.16.090 Collection of charge.
    A. The system development charge is payable upon issuance of a building permit.
    B. If no building permit is required, the system development charge is payable at the time the usage of the capital improvement is increased.
    C. If development is commenced or connection is made to the water or sewer systems without an appropriate permit, the system development charge is immediately payable upon the earliest date that a permit was required.
    D. The City Planner shall collect the applicable system development charge from the permittee when a permit that allows building upon a parcel is issued or when the system development charge is otherwise payable.
    E. The City Planner shall not issue such permit until the charge has been paid in full, or until provision for installment payments has been made pursuant to Section 13.16.110 of this chapter, or unless an exemption is granted pursuant to Section 13.16.120 of this chapter. (Ord. 640 § 3, 1997: Ord. 636 § 9, 1996)

13.16.100 Installment payment.
    A. When a system development charge of two thousand five hundred dollars or more is due and collectible, the owner of the parcel of land subject to the development charge may apply for payment in ten annual installments, to include interest on the unpaid balance, in accordance with the City’s Financial Management Policy. Twenty and thirty year term loans may be offered on contracts over ten thousand dollars.
    B. The City Manager shall provide application forms for installment payments, which shall include a waiver of all rights to contest the validity of the lien, except for the correction of computational errors.
    C. An applicant for installment payments shall have the burden of demonstrating the applicant's authority to assent to the imposition of a lien on the parcel and that the interest of the applicant is adequate to secure payment of the lien.
    D. The City Planner shall report to the City Manager the amount of the system development charge, the dates on which the payments are due, the name of the owner, and the description of the parcel.
    E. The City Manager shall docket the lien in the lien docket. From that time the City shall have a lien upon the described parcel for the amount of the system development charge, together with interest on the unpaid balance at the rate established by the Council. The lien shall be enforceable in the manner provided in ORS Chapter 223. (Ord. 636 § 10, 1996; Ord. 720, 2007)

13.16.110 Exemptions.
    A. Structures and uses established and existing on or before the effective date of the ordinance codified in this chapter are exempt from a system development charge, except water and sewer charges, to the extent of the structure or use then existing and to the extent of the parcel of land as it is constituted on that date. Structures and uses affected by this subsection shall pay the water or sewer charges pursuant to the terms of this chapter upon the receipt of a permit to connect to the water or sewer system.
    B. Additions to single-family dwellings that do not constitute the addition of a dwelling unit, as defined by the State Uniform Building Code, are exempt from all portions of the system development charge.
    C. An alteration, addition, replacement or change in use that does not increase the parcel's or structure's use of the public improvement facility are exempt from all portions of the system development charge. (Ord. 636 § 11, 1996)

13.16.120 Credits.
    A. When development occurs that is subject to a system development charge, the system development charge for the existing use, if applicable, shall be calculated and if it is less than the system development charge for the use that will result from the development, the difference between the system development charge for the existing use and the system development charge for the proposed use shall be the system development charge. If the change in the use results in the system development charge for the proposed use being less than the system development charge for the existing use, no system development charge shall be required. No refund or credit shall be given unless provided for by another subsection of this section.
    B. A credit shall be given to the permittee for the cost of a qualified public improvement upon acceptance by the City of the public improvement. The credit shall not exceed the improvement fee even if the cost of the capital improvement exceeds the applicable improvement fee and shall only be for the improvement fee charged for the type of improvement being constructed.
    C. If a qualified public improvement is located in whole on in part on or contiguous to the property that is the subject of development approval and is required to be built larger or with greater capacity than is necessary for the particular development project, a credit shall be given for the cost of the portion of the improvement that exceeds the City's minimum standard facility size or capacity needed to serve the particular development project or property. The applicant shall have the burden of demonstrating that a particular improvement qualifies for credit under this subsection. The request for credit shall be filed in writing no later than sixty (60) days after acceptance of the improvement by the City.
    D. When the construction of a qualified public improvement located in whole or in part or contiguous to the property that is the subject of development on approval gives rise to a credit amount greater than the improvement fee that would otherwise be levied against the project, the credit in excess of the improvement fee for the original development project may be applied against improvement fees that accrue in subsequent phases of the original development project.
    E. Credits shall not be transferable from one development to another.
    F. Credits shall not be transferable from one type of system development charge to another.
    G. Credits shall be used within ten (10) years from the date the credit is given. (Ord. 636 § 12, 1996)

13.16.130 Notice.
    A. The City shall maintain a list of persons who have made a written request for notification prior to adoption or amendment of a methodology for any system development charge. Written notice shall be mailed to persons on the list at least forty-five (45) days prior to the first hearing to adopt or amend a system development charge. The methodology supporting the adoption or amendment shall be available at least thirty (30) days prior to the first hearing to adopt or amend a system development charge. The failure of a person on the list to receive a notice that was mailed shall not invalidate the action of the City.
    B. The City may periodically delete names from the list, but at least thirty (30) days prior to removing a name from the list, the City must notify the person whose name is to be deleted that a new written request for notification is required if the person wishes to remain on the notification list. (Ord. 636 § 13, 1996)

13.16.140 Segregation and use of revenue.
    A. All funds derived from a particular type of system development charge are to be segregated by accounting practices from all other funds of the City. That portion of the system development charge calculated and collected on account of a specific facility system shall be used for no purpose other than those set forth in Section 13.16.060 of this chapter.
    B. The appropriate City official shall provide the City Council with an annual accounting, based on the City's fiscal year, for system development charges showing the total amount of system development charge revenues collected for each type of facility and the projects funded from each account. (Ord. 636 § 14, 1996)

13.16.150 Appeal procedure.
    A. A person challenging the propriety of an expenditure of system development charge revenues may appeal the decision or the expenditure to the City Council by filing a written request with the City Manager describing with particularity the expenditure from which the person appeals. An appeal of an expenditure must be filed within two years of the date of the alleged improper expenditure.
    B. Appeals of any other decision required or permitted to be made by the City Planner or City Manager under this chapter must be filed within ten (10) days of the date of the decision.
    C. After providing notice to the appellant, the Council shall determine whether the City official's decision or the expenditure is in accordance with this chapter and the provisions of ORS 223.297 to 223.314 and may affirm, modify, or overrule the decisions. If the Council determines that there has been an improper expenditure of system development charge revenues, the Council shall direct that a sum equal to the misspent amount shall be deposited within one year to the credit of the account or fund from which it was spent. The decision of the Council shall be reviewed only as provided in ORS 34.010 to 34.100, and not otherwise.
    D. A legal action challenging the methodology adopted by the Council pursuant to Section 13.16.050 of this chapter shall not be filed later than sixty (60) days after the adoption. A person shall contest the methodology used for calculating a system development charge only as provided in ORS 34.010 to ORS 34.100, and not otherwise. (Ord. 636 § 15, 1996)

13.16.160 Prohibited connection.
No person may connect to the water or sewer systems of the City unless the appropriate system development charge has been paid or the lien or installment payment method has been applied for and approved. (Ord. 636 § 16, 1996)

13.16.170 Violation—Penalty.
Any person who violates any of the provisions of this chapter, as now constituted or hereafter amended or revised, commits a Class A civil infraction and shall be subject to the procedures and penalties of Chapter 1.08 of this code, as now constituted or hereafter amended or revised. (Ord. 661 § 3, 1999: Ord. 636 § 17, 1996)

13.16.180 Construction.
The rules of statutory construction contained in ORS Chapter 174 are adopted and by this reference made a part of this chapter. (Ord. 636 § 18, 1996)

13.16.190 Classification.
The City Council determines that any fee, rates or charges imposed by this chapter are not a tax subject to the property tax limitations of Article XI, Section 11(b) of the Oregon Constitution. (Ord. 636 § 20, 1996)

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