Chapter 4

UTILITIES

SEWER REGULATIONS

4.000      Definitions.    The following words and phrases when used in this section, 4.000 to 4.060, shall have the meanings given to them in this section:

BOD (denoting biochemical oxygen demand).  The quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, expressed in milligrams per liter.

Building drain.  That part of the lower 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 sewers, beginning five feet (1.5 meters) outside the inner face of the building walls.

Industrial wastes.

(1)  The liquid wastes from any nongovernmental user of publicly owned treatment works identified in the "Standard Industrial Classification Manual", 1972, Office of Management and Budget, as amended and supplemented under the following divisions:

(2)   A user in the divisions listed may be excluded if it is determined that it will introduce primarily segregated domestic wastes or wastes from sanitary conveniences.

Natural outlet.  Any outlet into a watercourse, pond, ditch, lake, or other body of surface water or groundwater.

pH.  The logarithm of the reciprocal of the weight of hydrogen ions in grams per liter of solution.

Properly shredded garbage.  The wastes from the preparation, cooking, and dispensing of food that have been shre­dded to such a degree that all particles will be carried freely under the flow conditions normally prevailing in public sewers, with no particle greater than one‑half inch (1.27 centimeters) in any dimension.

Public sewer.  A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

Sanitary sewer.  A sewer in which all owners of abutting properties have equal rights and is controlled by public authority.

Sewage.  A combination of the water-carried wastes from residences, business buildings, institutions, and industrial establishments, together with such groundwater, surface water, and stormwater as may be present.

4.003             Application.  The city administrator shall issue a uniform application for water and sewer service and require the following specific information from the applicant:  name, date of birth, Oregon driver’s license number, social security number, service address, mailing address, property owner, type of service, number of people in household, number of bathrooms being serviced and what kind of occupancy being served.  The city administrator shall also require the applicant to abide by all rules and regulations of the city, that sewer and water shall be paid at the same time, and that the applicant becomes a personal surety for the payment of monthly fees.  The applicant shall also be advised that a theft of services charge may be filed for failure to pay for public services received.

[Amended by Ord. 565 on Jan. 8, 2004]

4.004      Denial of Service.  The City Administrator may deny water and sewer service for the following reasons:

4.005      Use of Public Sewers Required--Subsurface Disposal Systems.

(b)  Complete detailed plans and specifications shall be submitted with each application for a permit for a subsurface disposal system.  These plans and specifications shall include, as a minimum, the following information:

i.  Topographic map of the lot or parcel showing existing elevations, drainage channels and/or drainage patterns, together with a detailed, scaled, plot plan showing all existing or proposed and detailed layout of the proposed subsurface disposal system;

ii.  A valid permit, issued by the Oregon State Department of Environmental Quality, or the county public works department.

(4)  All permits issued for installation of subsurface disposal systems subsequent to the enactment of the ordinance codified in sections 4.000 to 4.060 shall be granted under the express condition and agreement, that, within 90 days following the installation of sanitary sewers adjacent to or within 200 feet of the premises, the use of such subsurface disposal system shall be discontinued and the premises connected to the sanitary sewer.  Abandonment of the subsurface disposal systems shall be in accordance with the provisions of section 4.060 of this code.

(5) (a)  No surface water including drainage from roof drains, area or driveway drains, swimming pools, catch basins or storm sewers, springs, or any other source other than normal plumbing devices, shall be connected to or allowed to enter any sanitary sewer.

(b)  Basement drains may be connected to sanitary sewers provided there is no excess water in such basement and such drain shall receive only that water which may seep into a concrete lined basement or such water as may be used for cleaning such basement.

(6) (a)  No person, firm, or corporation shall install, construct, or lay any sanitary sewer pipe connecting to the city sanitary sewer system, or install, construct, or utilize any subsurface disposal system, without first making proper application, paying the required fee, and receiving a duly authorized permit from the city.

(b)  Issuance of such permit and all installations authorized thereby shall be in full conformance with all requirements of sections 4.000 to 4.060 and all other applicable ordinances, rules, and regulations of the city, and rules and regulations of the Oregon State Plumbing Code.  No portion may be covered prior to approval by the city.

(7)  No matter, material, or substance other than sewage, shall be permitted to enter the sanitary sewer system, and no matter, material, or substance of any kind shall be deposited in any manhole or cleanout except such cleaning or flushing materials or substances as may be authorized or directed by the city administrator.  No commercial, manufacturing, or processing wastes and no septic tank or cesspool contents or effluent shall be placed in any sanitary sewer system, unless a permit therefor shall have been first obtained from the city.  Such permit will be issued only under conditions, and for such materials, as may be designated by the city.

(8)  Any existing private sewer line or house service line connecting to any city sanitary sewer and which is deemed to be a hazard to public health due improper construction, deterioration, lack of repair and maintenance, or from any other cause shall, upon determination of the existence of such hazard by the city administrator, be repaired as directed by the city administrator.  Such repairs shall be completed within 30 days of the date of delivery to the owner or occupant of the property of written notice to make the repairs.

(9)  Any subsurface disposal system which is found to be malfunctioning as determined by the county soil scientist, D.E.Q., or the city administrator, shall be repaired by the owner or occupant of the property within 30 days of delivery of written notice to make such repairs.  All premises which are determined to have a malfunctioning subsurface disposal system, and are adjacent to, or within 200 feet of, a city sanitary sewer, shall be connected to said sanitary sewer within 90 days of receiving written notice from the city administrator to connect to said sani­tary sewer, and the subsurface disposal system shall be abandoned in accordance with the provisions of section 4.060 of this code.

(10)  (a)  Any person, firm or corporation desiring to obtain a permit to connect to the sanitary sewer system or to install a subsurface disposal system shall make written application therefor to the city.

(b)  Such application shall be accompanied by a connection fee and in an amount conforming to the connection fee required by the city at the time of the application for a sewer connection. 

4.006   Sewer Connection Fees and Charges.         The charges and fees for sewer connections shall be established by resolution of the Lafayette city council.  The resolution in effect on the effective date of this section shall remain in effect until amended by the city council.

[Added by Ord 531 on Aug 24, 2000]

4.007  Sewer Rates.

(1)  Monthly Rates.  The monthly rates for users of the City of Lafayette sanitary sewer system shall be established by resolution of the Lafayette city council.  The resolution in effect on the effective date of this section shall remain in effect until amended by the city council.

(2)  Rate for Industrial Waste.  A special rate may be charged to anyone disposing of industrial or commercial waste that requires pretreatment or that has a significant impact on the sanitary sewer system or treatment plant.  Such high impact users shall pay at the rate established by resolution of the city council.  Any industrial or high impact user must obtain a permit from the city engineer before hooking up to the city's sanitary sewer system.  The charge for the permit will be established by council resolution.  Any industrial or high impact user may be required to pay a refundable cash deposit in an amount established by resolution of the city council before the permit is granted.  To acquire the permit, the applicant shall provide any information required by the city engineer. [Added by Ord 531 on Aug 24, 2000]

4.010      Discontinuance of Sewer Service by Customer.

Whenever any water customer wishes to have their water service discontinued, and there is more than 15 days left in the billing cycle, the sewer rate will be reduced by 50% on the final bill.

[Added by Ord. 565 on Jan. 8, 2004]

4.015      Responsibility for Sewer Charges, Delinquent Payments, Water Shut Off for Nonpayment, Security Deposit Required and Charge for Nonsufficient Funds.

(1)  The customer shall be responsible for all charges for sewer service.

(2)  Whenever any sewer charge is not paid when due, the water department may discontinue service by shutting off water service for nonpayment.  Water shall not be returned to service until the customer pays their account balance in full and a $30 reconnect fee is paid.  Upon receipt of these payments at the city hall during regular office hours, the customer's water service will be restored by the city as soon as reasonably possible. Written notice for discontinuing water service for nonpayment of charges shall be given to the customer by regular mail at least ten days in advance of the shut off and by posting a notice on the premises 48 hours in advance of the shut off.  The notice shall state that if the charges are disputed, the responsible customer may request an informal conference with the city administrator or his/her designee.  Such request must be received no later than two days prior to the scheduled shut off date. [Amended by Ord 499 on Sep 10, 1998]

(3)  The city may require security (cash) deposits prior to providing, or to continue to provide, sewer service to any customer.  The amount of the security deposit may not be less than one, or more than four months minimum

(4)  Returned checks will result in a returned check fee of $25 being added to the account.  When a customer’s check is returned, the customer shall be notified the same day.  The check must be replaced within 3 business days with cash or a money order or the water service will be shut off on the 4^th day.  Once a customer has had two returned checks in any 12month period, future utilitypayments must be made in the form of cash or money order for the following 12 month period.  After that the customer may again pay by check, but will be returned to a cash-only status for another 12 months if there is one returned check.

(5) All delinquent sewer charges against owner-occupied properties shall be and become a lien against the premises on which the sewer was used and the owner/occupant of any such premises shall be responsible for the payment thereof.  The entry of charges on the city's ledgers or other records pertaining to its lien shall be made accessible for inspection by anyone interested in ascertaining the amount of such charges against the property.  Whenever a bill for services remains unpaid, the lien hereby created may be foreclosed in the manner provided for by ORS 223.610, or in any other manner provided by law or city ordinance.  The city shall have the right to refuse water service to the premises until the lien has been paid. 

[Amended by Ord. 565 on Jan. 8, 2004]

4.020      Prohibited Actions.

4.025      Private Sewage Disposal.

4.030      Building Sewers and Connections.

4.040      Application for Building Sewer Permit.

4.045      Maintenance and Damage Responsibility for Private Sewer Lines.  The cus­tomer shall be respon­sible for the main­ten­ance of the private sewer line from the public sewer connection to the premises served.  The city shall not be liable for any damage accruing from the failure of a pri­vate sewer or of fixtures or appurte­nances at­tached thereto.

4.050      Use of Public Sewers.

(4)   No person shall discharge or cause to be discharged, the following described substances, materials, waters, or wastes if it appears likely, in the opinion of the city, that such wastes can harm either the sewers, sewage treatment pro­cess, or equip­ment, have an adverse effect on the receiving stream, or can otherwise endanger life, limb, public property, or constitute a nuisance.  In determining the acceptability of these wastes, the city will give consider­ation to such fac­tors as to quantities of subject wastes in relation to flows and velocities in the sewers, mater­ials of con­struction of the sewers, nature of the sew­age treatment process, capacity of the sew­age treatment plant, degree of treatability of wastes in the sewage treatment plant, and other pertinent factors.  Substances pro­hibit­ed are:

(5)   If any waters or wastes are discharged, or are proposed to be discharged to the public sewers, which waters contain the substances or possess the characteristics enumerated in this section, and which, in the judgment of the city, may have a deleterious effect upon the sewage works, processes, equipment, or receiving waters, or which otherwise create a hazard to life or constitute a public nuisance, the city may:

4.055      Protection From Damage.  No person shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any pipe, structure, appurtenance, or equipment which is a part of the sewage works or the water system of the city.

4.060      Sealing of Abandoned Septic Tanks         Required.  It is unlawful or any owner of a septic tank to abandon the tank without first completely pumping same out.  All septic tank roofs shall be removed and the tank filled with sand and water settled.  If the tank is con­structed of con­crete and in good condition it need not be pumped out and filled with sand.  The con­crete roof shall be permanently sealed to the satisfaction of the city engineer or his representative.  The septic tank shall be inspected and approved by the city engi­neer or his representative before the tank is cov­ered.

SIDE SEWER INSTALLATION

4.105      Council Findings.  The council finds that to protect the citizens of Lafayette and to assure adequate construction of sewers and the proper attachment thereof to the city sewer system it is immediately necessary to adopt the provisions of sections 4.105 to 4.110 providing for the licensing of sewer contractors.

4.110      Licensing of Sewer Contractors.

PREINDUSTRIAL TREATMENT REG-ULATIONS

4.120 Industrial Waste Discharge Permits. 

4.122      Permit Application.

4.124      Permit Issuance and Conditions.  

(a)  Wastewater permits must   contain the following conditions:      

(b)   Permits may contain, but need not be limited to, the following:

4.125      Modification of Permits.

4.128      Permit Transfer.  Wastewater discharge permits are issued to a specific user for a specific operation.  A wastewater discharge permit shall not be assigned, transferred, or sold to another user, different premises, or a new or changed operation without the approval of the superintendent of public works.  Any succeeding user shall agree in writing to comply with the terms and conditions of the existing permit as a condition precedent to the approval by the superintendent of public works of a transfer, sale, or assignment of the permit.

4.130      Revocation of Permit.    Any industrial waste discharge permit may be revoked as a result of violations of this code, applicable state and/or federal regulations, or the conditions of the permit.

4.132      Permittee Monitoring and Reporting.    

(6) The superintendent of public works may require a user to install and maintain at the user’s expense a suitable manhole in the user’s building sanitary sewer, or other suitable monitoring access, to allow observation, sampling, and measurement of all industrial wastes being discharged into the POTW.  The flow measurement and sampling station shall be located and constructed at the user’s expense in a manner acceptable to the superintendent of public works.  Complete plans for all phases of the proposed installation, including all equipment proposed for use, shall be submitted to the superintendent of public works for approval prior to construction.  Approved measuring and sampling facilities shall be installed and operating within ninety (90) days following written notification to do so by the superintendent of public works.  The superintendent of public works may extend this schedule if specifically warranted by equipment delivery delays or construction/installation difficulties beyond the user’s reasonable control.  Access to the manhole or monitoring facilities shall be available to city representatives at all times.

4.134      City Inspection and Sampling.

4.136      Confidential Information.

(1)   Any records, reports or information obtained under this code shall be available to the public or any governmental agency, unless classified by the superintendent of public works as confidential.  In order to obtain a classification of confidential on all or part of the records, reports, or information submitted, the user shall:

(2)   Information and data on discharge quantity and quality submitted pursuant to this code shall not be classified as confidential pursuant to 40 CFR 2.

(3)   Records, reports, or information or parts thereof classified as confidential by the superintendent of public works shall not be released or made part of any public record or hearing unless such release is ordered by a court of competent jurisdiction.  However, such confidential information shall, upon written request, be made available to state or federal agencies having jurisdiction, duties or responsibilities relating to this code, the national Pollutant Discharge Elimination System or state of Oregon waste disposal laws and regulations.

4.138      Enforcement.

4.140      Violations, Notifications, and Show-cause Hearings.

(1)  Violation Defined.

(7)  Affirmative Defense:

1. The user can identify the cause of the upset.
2. The facility was operating in a prudent and workmanlike manner at the time of the upset and was in compliance with applicable operation and maintenance procedures.
3. The user submits, within 24 hours of becoming aware of the upset, a description of the discharge and its causes, the period of noncompliance (if not corrected, then the time noncompliance is anticipated to end)  and the steps being taken to reduce, eliminate and prevent recurrence of the noncompliance.
4. If this report is given orally, the user must also submit a written report containing such information within five (5) days unless waived by the superintendent of public works.
5. Upset shall mean an exceptional incident in which there is unintentional and temporary noncompliance with categorical pretreatment standards and requirements because of factors beyond the reasonable control of the industrial user.  Noncompliance caused by operational error, improperly designed pretreatment facilities, inadequate treatment facilities, lack of preventive maintenance, or careless or improper operation does not constitute and upset.

(c)  Bypasses:  The intentional diversion of waste streams from any portion of any individual user’s treatment facility shall be an affirmative defense to an enforcement action brought against the industrial user if the user can demonstrate that such a bypass was necessary to prevent loss of life, personal injury, or severe property damage.  In order to be eligible for the affirmative defense, the industrial user must demonstrate that there was no feasible alternative to the bypass and submit notice of the bypass as required by 40 CFR 403.17.

(10)When the superintendent of public work finds that an industrial user has violated or continues to violate the code, permits, or orders issued hereunder, or any other pretreatment requirement, he may issue an order to the industrial user responsible for the discharge directing that, following a specific time period, sewer service shall be discontinued unless adequate treatment facilities, devices, or other related appurtenance are installed and properly operated.  Compliance orders may also contain such other requirements as might be reasonably necessary and appropriate to address the noncompliance, including additional self-monitoring, and management practices designed to minimize the amount of pollutants discharged to the sewer.  Furthermore, the superintendent of public works may continue to require such additional self-monitoring for at least ninety (90) days after consistent compliance has been achieved, after which time the self-monitoring conditions in the discharge permit shall control.

4.142      Revocation of Permit and/or Termination/Suspension of Service.

(1)   The superintendent of public works may terminate a discharge into the POTW, revoke a permit, or suspend such discharge for the specified length of time if:

(2)   Notice in accordance with section 4.120 (c) of this code shall be provided to the user prior to revoking, terminating, or suspending the discharge; and/or termination, revoking, or suspending the user’s municipal water service.

(3)   Any user whose permit has been revoked, or whose service has been terminated or suspended, shall immediately stop all discharge of wastewater into the POTW.  The superintendent of public works may, without any liability for prosecution or damages, disconnect or permanently block from the POTW the connection of any user whose permit has been revoked, or whose service has been terminated or suspended, if such action is necessary to insure compliance with the order of revocation, termination or suspension.  Similar action to suspend the user’s municipal water service may be taken if deemed necessary by the superintendent of public works.

4.143      Annual Publication of Significant Noncompliance.  A list of all industrial users in significant noncompliance during the twelve (12) previous months shall be annually published by the city in the largest daily newspaper published in the municipality in which the POTW is located.  The list shall summarize the violations and enforcement actions undertaken by the City.

4.144      Appeal.

4.145      Records Retention. All users subject to this code shall retain and preserve for no less than three (3) years, any records, books, documents, memoranda, reports, correspondence, and any and all summaries thereof, relating to monitoring, sampling and chemical analyses made by or on behalf of a discharge in connection with its discharge.  All records which pertain to matters which are the subject of any enforcement or litigation activities brought by the city pursuant hereto shall be retained any preserved by the user until all enforcement activities have concluded, and all periods of limitations with respect to any and all appeals have expired.

4.146      Falsifying Information.  Any person who knowingly makes any false statements, representation or certification in any application, record, report, plan or other document filed or required to be maintained pursuant to this code or wastewater discharge permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this code shall be in violation of this code, and upon conviction, be punished as established by this code.  In addition, the industrial user shall be subject to:  (1) the provisions of 18 U.S.C. Section 1001 relating to fraud and false statements; (2) the provisions of Section 309(c)4 of the Clean Water Act, as amended, governing false statements representation or certification; and (3) the provision of Section 309(c)(6) of the Clean Water Act regarding responsible corporate officers.

4.147      Penalties and Cost Recovery.

(1)   Any industrial user which has violated or continues to violate this code, any order or permit hereunder, or any other pretreatment requirement shall be liable to the city for a maximum civil penalty of $1,000 per violation per day for each day of continuing violation.  In case of a monthly or other long-term average discharge limit, penalties shall accrue for each business day during the period of this violation.

(2)   Cost Recovery. 

(a)   The superintendent of public works shall recover all reasonable costs incurred by the city as a result of a violation of this code.  Said costs include but are not necessarily limited to:

(b)   Notification of the costs to be recovered under this section.  Such notification shall state the specific violation(s), the damages and penalties sustained by the city, the costs of those damages and penalties, and the costs the superintendent of public works has determined as attributable to the discharge and, therefore, billed to the discharger.

(e)   The city may place a lien against the discharger’s property for nonpayment of costs that the user has been ordered to pay by the city.  Upon application by the superintendent of public works, the city council shall order the superintendent of public works or other designated person to prepare a proposed assessment to the user and to file said proposal in with the city recorder.  Notice shall be mailed or personally delivered to the user/violator which shall state the amounts of the proposed assessment and the identity of the property to be liened.  This notice shall state the amounts to be assessed on the property , fix a date by which any procedural objections shall be filed, and identify a contact person.  The city council shall consider any procedural objection and may amend the proposed assessment to the extend of the property to be assessed and the date on which said lien will be docketed.

4.148      Severability.   If any provision, paragraph, word, section, or article of this code is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or chapters shall not be affected and shall continue in full force and effect.

4.149      Conflict.   All ordinances and parts of ordinances inconsistent or conflicting with any part of this code section are hereby repealed to the extent of such inconsistency or conflict.

WATER REGULATIONS

4.150           Connection Fees and Meter The charges for water connec­tions and water meters shall be established by resolution of the Lafayette city council.

4.151           Connection to Water System Required  All new construction within the city intended for habitation or public gatherings, or that will be used for commercial or industrial uses, other than storage, shall be connected to the city water system.

4.155      Rates.

4.160      Use of Water.  No person supplied with water from the city mains will be entitled to use it for any pur­pose other than stated in his or her application, or to sup­ply in any way other persons or families.

4.165      Service Pipe Standards.  Service pipes of all sizes, within or without the premises, whether for do­mestic, com­mer­cial, or fire protection purposes, must be materials, quality, class, and size as speci­fied by the state plumbing code or regula­tions of the city.

4.170      Installation of Service Pipes.  The installa­tion of all service pipes from the main to the meter shall be made by em­ployees of the city public works depart­ment or the city's subcontractor.

4.175      Installation of Fire Services, Larger Diame­ter Meters, Infill Develop­ment and Infill Fire Hydrants, and Related Minor Main Extensions or System Modific­ations.

4.180      Service Pipe Maintenance.  The service pipe within the premises and throughout its entire length to the water meter or to the property line if the water meter is set behind the property line, must be kept in repair and protected from freez­ing at the expense of the customer, lessee, or agent, who must be responsible for all damages resulting from leaks or breaks.

4.190      Separate Service Pipe Required.  A metered service connection will be required for each single‑family residence that is to be supplied with water.

4.195      Prohibited Use of Water.

4.200      Alteration to or Operation of the System.  The operation and repair of the city's water system, including pipes, valves, pumps, reservoirs, fixtures, meters, etc., is the com­plete responsibility of the city's pub­lic works department.  No property owner, plumber, contrac­tor, or other person will be allowed to con­nect to or operate any part of the city's water sys­tem up to and including the water meter.  Operation of, or tampering with, the city’s water system by an unauthorized person shall be a Class A infraction.

4.205      Water Shut Off--Notice.  The water may at any time be shut off from the mains for repairs or other necessary purposes with notice to be given as herein­after provid­ed, and the city will not be responsible for any consequent damages.  Water for steam boilers for power purposes will not be fur­nished by direct pressure from the city mains; tanks for holding an ample reserve of water shall always be provided by the customer.  Except in the event of emer­gency repairs, such as necessitated by a broken water line, the Lafayette public works department will give at least twenty four hours notice of shut off by door hanger or phone call to the affected cus­tomers.

[Amended by Ord. 565 on Jan. 8, 2004]

4.210      Right of Inspection.  Agents of the Lafayette public works department may have free access at proper hours of the day to all parts of the building and premises in which water may be delivered from the city mains for the purposes of inspecting the condition of the pipe fixtures, the manner in which the water is used and to read meters.

(1)  A property owner or occupant of a property shall not prevent agents of the Lafayette public works from performing the above duties by blocking or physically obstructing access, preventing access by the presence of an animal or animals that threaten or endanger an agent’s safety, or by damaging the water system.

4.215      Buildings Not Supplied With City Water.  Buildings supplied with water other than that furnished by the city may obtain city water at meter rates, provid­ing that no physical connection shall in any way, directly or indirectly, exist between the pri­vate system and the city's water system.  When such connection is found to exist, the water will be shut off.

4.220      Meter Test.  The public works de­partment will, upon request, have a meter tested for accuracy.  Should a con­sumer desire the meter to be tested, con­sumer will be required to make a deposit of $20 to cover the cost of making such test.  The meter will then be tested.  Should such meter show an error of over five per­cent in favor of the Lafayette public works depart­ment, the $20 deposit will be refund­ed to the consumer.  If the test of such meter would show an accurate mea­surement of the water, or should it show an error in favor of the consumer, the $20 deposit will be retained by the public works department to cover the expense of such test.

4.225      Violation.  Violation of any of the provisions of sections 4.150 to 4.220 shall con­stitute a Class A violation.

[Amended by Ord. 583 on Jan. 12, 2006]

[Amended by Ord. 612 on Dec. 10, 2010]

4.230      Compliance Required.  The fore­going rules and regulations must be strictly complied with in every instance and water must be paid for by all premises sup­plied according to the water rates established by the city council by resolution.

4.235      Responsibility for Water Charges, Delinquent Payment, Water Shut Off for Nonpayment, Security Deposit Required and Charge for Nonsufficient Funds.

[Amended by Ord 509 on Feb 11, 1999 and by Ord. 565 on Jan. 8, 2004]

[Amended by Ord. 565 on Jan. 8, 2004]

(5)  All delinquent water charges against owner-occupied properties shall be and become a lien against the premises on which the water was used and the owner/occupant of any such premises shall be responsible for the payment thereof.  The entry of charges on the city's ledgers or other records pertaining to its lien shall be made accessible for inspection by anyone inter­ested in ascertaining the amount of such charges against the property.  Whenever a bill for services remains unpaid, the lien hereby created may be foreclosed in the manner provided for by ORS 223.610, or in any other manner provided by law or city ordinance.  The city shall have the right to refuse water service to the premises until the lien has been paid. 

[Amended by Ord. 565 on Jan. 8, 2004]

4.236      Other Water Shut Off Provisions.  Water Service may be shut off by the City for any of the following:

Water shall not be returned to service after any such shut off until the reason for the shut off has been fully abated by the customer at the customer's expense and until the customer has paid a $30 reconnect fee.  Written notice for discontinuance of water service under this section shall be given to the customer by regular mail, or by posting a notice on the premises at least 10 days in advance of the shut off.  The notice shall state that if the reason for shut off is disputed, the responsible customer may request an informal conference with the city administrator or his/her designee.  Such request must be received not later than 2 days prior to the scheduled shut off date.  Service will be reconnected in accordance with the terms and provisions for reconnection in Section 4.235 (2).       

[Added by Ord 510 on Mar 11, 1999]

4.240      Permits‑‑Customer's Consent Required.  Applica­tions for permits to con­nect premises with the city water sys­tem, or requests to turn off water, or to turn on water, shall, in all cases, be in writ­ing and signed by the customer.

4.245   Limitations on Use.  The city ad­ministrator shall have full power and author­ity at any time to declare that a shortage of water exists and to prescribe definite hours for use or nonuse of water through hose or other sprinkling devices; such regulations are to be immediately effective and are to be enforced by the superintendent of public works. Violation of these rules may be cause for turning off water service.

4.250             Findings and Declaration of a Water Emergency.  Upon a finding that the municipal water supply system is incapable of providing an adequate water supply for normal usage due to a prolonged drought, system failure, or any other event, the city administrator, after consultation with the mayor, may declare that water usage must be curtailed. The declaration shall include the effective date, the reason for the declaration, and the level of prohibition declared. After the city administrator’s declaration, the city council shall examine the declaration and any curtailment actions. The council may there after take whatever steps it deems necessary to address the water emergency, including continuing the restrictions and limitations imposed by the city administrator, modifying them, or eliminating them if the council finds that the emergency has been abated or eliminated. The city council may include an estimated time for review or revocation of the declaration.

(1) If the city administrator fails or is unable to declare a water emergency, the city council has the right to do so, providing it makes the necessary written findings and sets out the facts giving rise to the water emergency.

4.255      Levels of Prohibition.

[Amended by Ord. 565 on Jan. 8, 2004]

(2) Level II - Limited. The follow­ing activities or actions are prohibited under a Level II declaration:

(a) Watering, sprinkling or irrigating lawn, grass or turf; exceptions:

1. New lawn, grass or turf that has been seeded or sodded 90 days prior to declaration of a water shortage may be wa­tered as necessary until es­tablished;
2. High-use athletic fields that are used for organized play.

(b) Watering, sprinkling or irri­gating flowers, plants, shrubbery, groundcover, crops, vegetation, or trees except from 6:00 p.m. to 10:00 a.m.;

(c) Washing, wetting down, or sweeping with water, sidewalks, walkways, driveways, parking lots, open ground or other hard surfaced areas; exceptions:

1. Where there is a demon­strable need in order to meet public health or safety require­ments, such as: to alleviate immediate fire or sanitation hazards; for dust control to meet air quality requirements mandated by the Oregon De­partment of Environmental Quality;
2. Power washing of build­ings, roofs and homes prior to painting, repair, remodeling or reconstruction, and not solely for aesthetic purposes.

(d) Washing trucks, cars, trailers, tractors or other land vehicles or boats or other water-borne vehicles, except by commercial establishments or fleet washing facilities which recycle or reuse the water in their washing processes, or by bucket and hose with shut-off mechanism; exceptions:

i. Where the health, safety and welfare of the public is contingent upon frequent vehi­cle cleaning, such as: to clean garbage trucks and vehicles that transport food and other perishables, or otherwise re­quired by law. Own­ers/operators of these vehicles are encouraged to utilize es­tablishments which recycle or reuse the water in their wash­ing process.

(3) Level III - Moderate. The following activities or actions are prohibited under a Level III declaration; where not covered, the Level II restriction still applies:

(4) Level IV - Severe. In addition to the restrictions in Level III, the following ac­tions may by taken under Level IV:

(5) Failure of any water user to re­ceive actual notice of the declaration of a wa­ter emergency or the actions deemed neces­sary by the city administrator to address the emergency shall not relieve the user of obey­ing any restrictions or restrictions on the use of water imposed by the city administrator.

4.265      Penalties.

The penalties for violations of sections 4.245 to 4.255 shall be as follows:

[Amended by Ord. 583 on Jan. 12, 2006]

[Amended by Ord. 612 on Dec. 10, 2010]

4.270      Amendments, Special Rules, Con­tracts.  The city council shall have the power, at any time, to amend, change, or modify any rule, rate, or charge, and to make special rules, and contracts, and all water service is sub­ject to such power.

[Section 4.260 repealed by Ord. 612 on Dec. 10, 2010]

WATER SUPPLY CROSS CONNECTION

4.300      Purpose and Scope.  The purpose of sections 4.300 to 4.330 is to protect the public health of water consumers by the control of actual and/or potential cross con­nections to cus­tomers.

4.305      Definitions.  For purposes of sec­tions 4.300 to 4.330, the following mean:

4.310      Cross Connections.  The installation or maintenance of a cross connec­tion which will endanger the water quality of the potable water supply system of the city shall be unlawful and is pro­hibited.  Any such cross connection now existing or hereafter installed is declared to be a public hazard and the same shall be abated.  The control or elimina­tion of cross connections shall be in accor­dance with sections 4.300 to 4.330 and in com­pliance with the Oregon Administrative Rules Chapter 333 Public Water Systems Section 61-070.  The city administrator shall have the authority to estab­lish require­ments more stringent than state regulations if he deems that the condi­tions so dictate.  The city shall adopt rules and regula­tions as necessary to carry out the provisions of sections 4.300 to 4.330.  The building official is author­ized to en­force the provisions of sections 4.300 to 4.330 in the inspec­tion of existing, new, and remodeled buildings.

4.315      Use of Backflow Prevention Devices.

(5)  The type of protective device required shall depend on the degree of haz­ard which exists:

[Amended by Ord. 565 on Jan. 8, 2004]

4.320      Cross Connection Inspection.

4.325      Liability.  Sections 4.300 to 4.330 shall not be con­strued to hold the city re­spon­sible for any damage to persons or property by rea­son of the inspection or test­ing herein, or the failure to inspect or test or by reason of approval of any cross connec­tions.

4.330      Penalties.  Violation of any rule or regula­tion contained herein shall constitute a Class A violation.

[Amended by Ord. 612 on Dec. 10, 2010]