[Ord. No. 2057, 6-29-1992]
LOC §§ 38.08.100 to 38.08.199 shall be known as the Water Utility Section of the Utility Code.
[Ord. No. 2057, 6-29-1992]
1.
No person shall make a new service connection
or attempt to make a new service connection to the water utility without
first obtaining a connection permit from the City. A new service connection
shall not be granted until the applicant has obtained all necessary
development and/or building permits.
2.
No person shall excavate, fill, dig up,
cut or otherwise alter any street, sidewalk, curb, gutter, or do any
other such work in order to install a water line without first obtaining
a permit in writing. Such permit shall not be granted until the applicant
has obtained all necessary development and/or building permits.
[Ord. No. 2057, 6-29-1992]
Water provided by the City shall
be use solely for purposes permitted by the City.
[Ord. No. 2057, 6-29-1992; Ord. No. 2517, Amended, 9-16-2008]
Whenever the City deems it necessary,
water service may be temporarily shut off for repairs and other necessary
purposes. Whenever practical, the City shall give reasonable notice
to customers before water is shut off. The City may shut-off water
to customers without notice for emergency repairs and other necessary
purposes. The City shall not be responsible for any subsequent damages
resulting from such shut-offs.
[Ord. No. 2517,
Add, 9-16-2008]
1.
Purpose. The purpose of this Section is
to establish water curtailment measures that shall be implemented
by the City at such time as necessary to reduce demand during water
supply shortages. Such shortages may be caused by prolonged drought,
system failure from unanticipated events (flooding, landslides, earthquakes
and contamination), or mechanical or electrical equipment failure,
or other events.
2.
Definitions: For the purposes of this Section,
certain terms and words are defined as follows: words used in the
present tense include the future, the singular tense includes the
plural and vice-versa; the word "shall" is always mandatory; the word
"may" is discretionary. The definition of the term shall be as defined
below, unless the context of the term indicates otherwise. The following
terms shall mean:
a.
Residential Customer: Water utility
service provided by the City of Lake Oswego to dwellings (single-family,
multi-family).
b.
City Manager: The duly appointed
City Manager of the City of Lake Oswego, or the City Manager’s
designee.
c.
Non-residential Customer: Water service
provided for use other than to Residential Customers.
3.
Declaration of Water Shortage and Curtailment
Stages.
a.
The City Council hereby declares
the necessity to implement the water curtailment measures by the stages
described in subsection 4 below when the initiating conditions for
each stage exist, as described in the Lake Oswego Water Curtailment
Plan. The City Manager or City Engineer is authorized to declare a
Water Curtailment Stage 1. The City Manager is authorized to declare
an emergency, initiating Water Curtailment Stage 2 or Stage 3. The
City Council is authorized to declare an emergency, initiating Water
Curtailment Stage 4 or Stage 5.
b.
Once a water curtailment stage is
in effect, the measures required under the declared water curtailment
stage shall remain in effect until either the party that declared
the emergency initiating the Curtailment Stage declares that the emergency
is ended, or the City Council may rescind an emergency Water Curtailment
Stage declaration issued by the City Engineer or the City Manager
upon a finding that demonstrates the emergency no longer exists, or
that the original declaration was made in error.
4.
Water Curtailment Stages; Water Curtailment Measures Required. Upon the declaration of an emergency, initiating a Water Curtailment stage pursuant to Subsection (3), all persons, including Residential and Non-residential Customers of the City’s Water Utility, shall comply with the following requirements:
a.
Stage 1 - Water Shortage Alert. Voluntary
reduction of water consumption; no prohibited actions.
b.
Stage 2 - Serious Water Shortage.
i.
Swimming pools and ponds shall not
be filled or refilled.
ii.
No pressure washing of roofs, decks,
or home siding unless such uses were contracted for prior to implementation
of this Stage 2 and it is demonstrated to the City Manager’s
satisfaction that it is necessary for painting, repair, remodeling,
or reconstruction of residences or accessory structures.
iii.
No hosing or washing
of sidewalks, driveways, or patios.
iv.
Dust control shall not utilize water
(spraying of water over dirt) unless it is shown to the City Manager’s
satisfaction that water used for dust control is needed to meet public
health or safety requirements, i.e., fire, sanitation hazards, or
air quality standards mandated by the Oregon Department of Environmental
Quality.
c.
Stage 3 - Severe Water Shortage.
i.
All requirements of Stage 2 above.
ii.
Unless
exempt below and as limited below, landscape irrigation, is permitted
only as follows:
C.
Exemptions:
1.
Grass, turf or landscaping
less than 1-year old.
2.
Grass or turf is part
of a commercial sod farm.
3.
Grass or turf area are
within a "high use" athletic field used for organized play.
4.
Grass or turf areas are
used for golf tees or greens.
5.
Grass or turf areas are
part of a part or recreation area declared by the Council by resolution
to be of particular significance and value to Lake Oswego.
D.
Notwithstanding the exceptions and
prohibitions above, any landscape irrigation shall be limited to only
that necessary to maintain plant health.
iii.
No hosing or washing
of paved surfaces.
iv.
No water shall be applied on the
premises in such a manner, rate, and quantity such that it runs onto
adjacent property, parking lots, or public rights-of-way (including
streets, sidewalks, pathways).
v.
No washing of vehicles other than
at a car wash that recycles water used in the car wash process.
vi.
No filling or adding any water to
pools, ponds, fountains or water features.
vii.
No person shall suffer
or permit water leaks after reasonable opportunity to discover, investigate,
and repair. Each day that that a leak is suffered or permitted shall
constitute a separate violation.
viii.
No operation of fountains
except those using re-circulated water.
ix.
No washing of roofs, decks, or home
siding unless such uses are solely to abate a fire hazard.
d.
Stage 4 - Critical Water Shortage.
i.
All requirements of Stage 2 and Stage
3, above, except as further limited or prohibited below.
ii.
No landscape irrigation.
iii.
No washing, wetting
down, or sweeping sidewalk, walkways, driveways, parking lots, open
ground or other hard-surfaced areas with water.
iv.
No washing of any vehicle, unless
the City Council finds that the public health, safety, and welfare
is contingent upon frequent vehicle cleaning, such as solid waste
transfer vehicles, vehicles that transport food and other perishables,
or as otherwise required by law.
e.
Stage 5 - Emergency Water Shortage.
All water use is prohibited, except as necessary for human consumption
and sanitation needs.
6.
Enforcement.
a.
A violation of any provision of this
Code is a civil violation and subject to a fine.
c.
Upon request of the City Manager,
the City Attorney may institute an appropriate action in any court
to enjoin any continuing violation of any provision of this Section.
d.
Failure to pay a fine assessed by
a court of competent jurisdiction shall result in discontinuance of
service.
e.
The rights, remedies and penalties
provided in this subsection are cumulative, are not mutually exclusive,
and are in addition to any other rights, remedies and penalties available
to the City under any other provisions of law.
