For the purposes of this Chapter the words set out in this section
shall have the following meanings:
means a person, corporation, association or agency applying
for water service.
means all service to mercantile establishments, professional
offices, public or governmental buildings, hospitals, retirement homes,
churches, combined residential and commercial/mercantile businesses
and to apartment houses, except those in which each unit is metered
separately.
means a person, corporation, association or agency receiving
water service.
means the provision of a metered service to a single living
unit for purposes of normal domestic consumption including such uses
as sprinkling lawns, gardens and shrubbery; the watering of livestock;
the washing of vehicles; and other similar or customary uses.
means water service to premises for purposes of fire protection
only.
means all customers served directly by the system's main-level
storage and pumping system (customers normally below six hundred ten
feet (plus or minus) elevation).
means those areas served by the water utility that in the
opinion of the City require secondary pumping to provide adequate
service.
means the provision of water to a customer for use in manufacturing
or processing activities.
means distribution pipelines located in streets, highways,
public and private rights-of-way which supply water for general public
usage.
means where more than one service unit exists per water meter.
means the provision of supplying water to governmental or
public entities.
means the unnecessary use of City water during identified
water curtailment emergencies. Unnecessary uses of water may include
but are not limited to:
means the property and/or unit(s) to which water service
is being requested or is provided.
means those rates, charges, rentals and regulations as they
are set forth and amended from time to time by the City Council.
means all customers served by a booster facility pumping
from the first-level system.
means the provision of a water meter.
means the pipes, valves and appurtenances necessary to supply
water from distribution mains through the meter, but this does not
include the piping from the meters to the point of service.
means each self-contained living unit or independent business
activity.
means service that will not be of a permanent nature, such
as circuses, fairs, construction, etc.
means all customers served by a booster facility pumping
from the second-level system.
means the City of Roseburg, a municipal corporation of the
State of Oregon.
(Ord. 2929 § 1 (part),
1996; Ord. No. 3548, § 1, 2-8-2021)
Service area includes those areas in which water service is
directly or contractually furnished by the utility. Those areas generally
include that territory within the corporate limits of the City of
Roseburg and areas adjacent to the City which can be adequately served.
(Ord. 2929 § 1 (part),
1996)
A.
Supply.
The utility will exercise reasonable diligence and care to deliver
a continuous and sufficient supply of water to its customers and to
avoid any interruption in the delivery of said service.
B.
Quality.
The utility shall exercise reasonable diligence to supply safe and
potable water at all times.
C.
Classes
of Service. Classes of service shall be determined by Council resolution.
(Ord. 2929 § 1 (part),
1996)
A.
Application.
Each applicant for water service may be required to sign a form provided
by the City setting forth:
1.
Date
of application;
2.
Location
of property to be served;
3.
Date
for which service is being requested;
4.
Has
property been previously served;
5.
How
will the service be used (commercial, residential, multiple-block,
etc.);
6.
The
size of service being requested;
7.
The
address to which bills are to be delivered;
8.
Whether
the applicant is an owner, agent or tenant of the property;
9.
Owner
of property, address, etc.;
10.
An agreement to abide by all rules and regulations of the utility
as they now exist or as they may be changed or amended from time to
time;
11.
Such other information as the City may reasonably request.
B.
Deposits.
1.
New
Turn-Ons. Deposits set by Council resolution shall be required of
residential, commercial and industrial users, except when the applicant
is a present customer, at a different address, and has not had service
discontinued during the previous twelve months for nonpayment.
2.
Existing
Customer. All existing customers, if service is discontinued for nonpayment,
may be required to comply with the deposit requirements of Paragraph
1 of this Subsection before service will be restored. Such a deposit
shall be returned to the customer as provided in Subparagraph 3b of
this Subsection.
3.
Refund
of Deposits. Deposits shall be refunded to the customer by applying
one-half of the deposit to the first billings sent to the customer,
with the balance of the deposit being refunded to the customer:
4.
Interest
on Deposits. Interest will not be paid on any deposit.
C.
Changes
in Customer's Equipment. A customer making material changes in the
size, character or extent of the equipment or operation utilizing
water service and if such change results in the consumption of larger
or smaller amount of water, said customer shall immediately give the
utility written notice of the change. Changes shall be made in accordance
with Sections 5.04.090.C. and F. of these rules and regulations.
D.
Special
Contracts. Contracts, other than applications, may be required prior
to service where, in the opinion of the utility, special circumstances
warrant special consideration.
E.
New
Account Fees. A charge set by Council resolution will be collected
for the activation of any account new or previously in service where
turn-on occurs during regular hours. An additional charge set by Council
resolution will be collected for any service turned on other than
during regular hours. Note: The assignment of the bill to another
agent that does not entail the reading or turning on of the meter
shall not be construed as a new account.
(Ord. 2929 § 1 (part),
1996)
A.
A main extension and/or special facilities shall be required to service all property which cannot obtain service as outlined in Section 5.04.090.
B.
The
following rules shall apply to all extensions:
1.
The
minimum size of the water main to be installed shall be six inches
in diameter. The minimum size may be reduced where mains are installed
in a nonextendable dead-end street, along fringes of pressure levels
or at other locations determined to be nonextendable by the utility,
provided that the size reduction will not lower present or future
fire protection or hydrant coverage to less than the requirements
of paragraph 10 of this Subsection.
2.
The
normal routing for the water main extension shall be in a dedicated
street right-of-way.
3.
Except
as provided in Paragraph 4 of this Subsection, the utility shall design
and engineer all ex-tensions to the water system and shall have the
sole right to determine size, location and type of facility to be
constructed. All engineering shall be based on both domestic and fire
protection design criteria. The installation of all water facilities
shall be by utility forces or through a prequalified contractor approved
by the utility.
4.
Where
water main extensions are to be installed in conjunction with the
development of land using private funds, the land developer may use
a licensed engineer to design, engineer and supervise the installation
of the facilities, subject to the following:
a.
The facilities shall comply with the rules contained in this subsection, and development activities shall comply with Chapter 4.02 and other provisions of this Code and the City's Land Use And Development Regulations.
b.
Prior to construction the Utility Director shall review and approve
all plans and specifications and shall inspect and, upon construction,
approve the installation of the facilities.
c.
The Utility Director shall supervise the physical connection of the
water main extension to the utility system and the sanitizing and
testing of the facilities.
d.
The utility shall not issue a final approval and may not allow any
water service to developer's development until the developer has paid
the actual costs of the Utility Director's services as described above
and has provided the Utility Director with as-built drawings of the
extension and related facilities certified and stamped by a licensed
engineer.
5.
All
water main extensions for a single-family dwelling lot must extend
to the centerline of the lot. In instances where the building lot
has frontage paralleling the route of the water main extension in
excess of one hundred fifty feet, the water extension shall extend
to a point opposite the most distant side of the house or driveway,
whichever is greater.
6.
If
a main exists which serves an existing lot on one side of the street
which is extended midway through said lot, and an applicant on the
other side of the street requests water service from this main, then
when approved the applicant must extend the main completely through
the applicant's property. This is to ensure an orderly progression
of main extensions and not force parties further down the street or
right-of-way to stand the cost of extension through the applicant's
property.
7.
All
main extensions for other than one single-family lot shall extend
the main to the extreme property line of the development. If the property
has excess frontage on the right-of-way and only partial development
is to occur, then some consideration may be given to shortening the
extension, provided sufficient assurance is given to ensure the extension
is extended at the time other development occurs. This determination
shall be made solely by the utility.
8.
The
utility may pay for oversizing of main extensions over eight inches
in residential development, provided the petitioner's individual needs
do not dictate a larger line size. The oversize payment shall be limited
to materials only on all projects installed by other than utility
forces.
9.
The
utility may, at its option, supply materials for main extension projects.
All material supplied by contractor must meet strict material specifications
set forth by the utility. Failure to do so will result in nonacceptance
of the project. All materials supplied by the utility to any main
extension project shall be billed at the utility's replacement cost,
plus a twenty percent overhead and handling charge.
10.
All main extensions and system design shall include fire hydrants
and other devices necessary to meet requirements of the City or fire
district where the development occurs.
11.
Under conditions where hydrants are required within the property
to be served, the main must be extended to the hydrant locations.
Easements for these internal lines and hydrants must be provided by
the developer.
12.
In large projects or projects where extensive engineering or design
is required prior to preliminary estimates or design being obtained,
the utility may require a cash advance to cover the cost of such engineering
or design. All engineering work completed by the utility will be understood
to be the property of the utility.
13.
In areas of service above the main system service elevation, special facilities will normally be required in addition to main extensions to provide service (see Section 5.04.050).
14.
Financing of Extensions. There are three basic means of financing
main extensions. They are outlined below.
a.
Cash Deposit. Under this method the developer is required to pay
the total cost of the project using the following procedures: First,
the utility may prepare an estimate of the approximate costs of the
project including material, installation, inspection, disinfection,
engineering and overhead. If the developer or developer's contractor
is to supply materials and install the project, the developer shall
provide a cash advance sufficient to cover the estimated cost for
the engineering and related water utility services needed on the project
(engineering, drafting, inspectors, etc.), prior to starting the project.
Finally, upon completion of the project, actual costs of the engineering
and related utility services will be computed. If the actual costs
exceed the amount of the cash deposit, the developer shall pay the
balance due. If the deposit exceeds the actual costs, the utility
shall refund the balance to the developer.
b.
Bonding. In the case of extremely large projects or projects which
require a large time frame to complete and the utility is extensively
involved in the project, the developer may supply the utility a bond
to cover the estimated cost.
c.
Local Improvement Petition. When consistent with City policies, local improvement districts may be formed and bonds sold to fund main extensions and special facility projects, provided the property lies within the City and a majority of property owners affected are in agreement with the project. The formation of a local improvement district shall proceed under Chapter 4.04.
15.
Refunds may be made to the developer in the areas where the developer
is required to extend mains through other property. Refund will be
made in the form of a connection charge which will be imposed on the
other benefitted properties which front the main extensions. The connection
charge must be paid for a benefitted property before water service
will be rendered to the property. The connection charge normally will
be based upon an area formula consisting of proportionately equal
connection charges.
|
(Total project costs) x (Area of property requesting service)
____________________________________________________
(Total area served by the extension)
|
|
The area served shall be based upon the product of the front
footage times the depth of the lots benefitted. In areas where no
established lots exist, the depth shall be one hundred fifty feet
or a logical approximation of the depths to be served, as established
by the utility. The total cost of the project shall cover all costs
related to the project including material, installation, inspection,
disinfection, engineering and overhead. If the developer or developer's
contractor is to supply materials and install the project, he or she
must secure three competitive bids for the cost of the extension.
These bids must be turned in to the utility with a bill for the developer's
actual cost of installation and materials before it will be accepted
and included in the total cost of the project. If the bill is higher
than the low bid, then the low bid will be used in determining the
cost of the project. No interest will be allowed in computing the
total cost. The life of the connection charge agreement shall not
be greater than ten years starting after the completion and acceptance
of the project by the utility.
|
16.
Installers of any and all water lines or appurtenances must meet
minimum prequalified standards set by the utility. These standards
shall include, but are not limited to, insurance requirements, bonding
requirements and experience in the field of water line installation.
The water lines must be installed in accordance with the utility's
specifications which are available upon request.
17.
If the developer installs and purchases the material the developer
must guarantee the project for a period of one year from the date
of acceptance of the project by the utility.
18.
A contract agreement between the developer and the utility outlining
the above criteria must be signed before the start of the project.
(Ord. 2929 § 1 (part),
1996)
A.
In any
high-level service area, special facilities in the form of booster
pumps, storage tanks, control equipment, etc., will be required. Except
as provided in Section 5.04.040.B.4., the City shall engineer and
design all high-level, special facilities and shall have the sole
right to determine the size, location and type of facility to be constructed.
B.
The
person requesting the service to the high-level area shall pay the
full cost of said facilities including materials, installation, engineering,
surveying, etc., as may be required.
C.
A connection charge or bonding agreement as outlined in Section 5.04.040 may also be used to fund or refund expenditures of this nature. In addition, a special facilities surcharge may be added to the water service charges when the City has agreed with the property owner(s) or his predecessor(s) in title to use such a special charge to finance all or part of the cost of a special facility which serves the customer's property.
(Ord. 2929 § 1 (part),
1996)
A.
Application
for Service. The City reserves the right to act on each application
for service outside the City limits, whether for new service or change
in service, on its merits without regard to any other past or present
application or service. Water service to property outside the City
may not be provided until the property, if contiguous, is annexed
to the City, or if the property is not contiguous, an irrevocable
petition to annex the property to the City, in form acceptable to
the City, is filed with the City. Such requirement shall not apply
to property which is the subject of a valid option for future water
connection, recognized as such by the City pursuant to the 2007 Dixonville
Water System Transfer Agreement, and provided the property is not
contiguous to the City limits and is outside the Urban Growth Boundary
at the time of application for service.
B.
If an
application for new service or change in service outside the City
is approved, the initial fees and charges for such service and the
periodic rates and charges for such service which the applicant and
customer shall pay shall be any and all fees, charges and rates as
set forth and approved by Council resolution. Without limiting the
foregoing, such fees, rates and charges shall include but are not
limited to the following, as set forth and approved by Council resolution,
calculated in the same manner as they are calculated for properties
located inside the City:
1.
Any
and all water-related fees, rates and charges including water system
development charges, water service connection fees, water service
permit fees, special connection fees, monthly water-related fees or
charges and any related administrative fees;
2.
Any
and all transportation-related fees, rates and charges including transportation
system development charges, any monthly transportation utility fees
and/or transportation impact fees established and imposed by Council,
and any related administrative fees; and
3.
Any
and all parks system development charges and any related administrative
fees.
C.
Rules
and Regulations.
1.
All
customers outside the City receiving water from the City shall comply
with and be bound by the rules and regulations established to operate
and maintain the utility.
2.
Customers
will cooperate to a reasonable and practical extent with other customers
with regard to the extension or enlargement of common facilities.
3.
No
customer shall interconnect between water furnished by the utility
and water from another source.
4.
No
customer shall allow the extension of their service to another property
or customer.
D.
Nothing
in this section shall limit the Council's authority to contract with
a corporation, association, municipal corporation or special service
district to provide water service to others through such an organization.
(Ord. 2929 § 1 (part),
1996; Ord. 3280 § 1, 2008; Ord. 3287 § 1, 2008)
A.
A water
account is delinquent if it is not paid within thirty days following
the date of billing of said account.
B.
A second
notice shall be mailed to all past-due accounts on or about thirty
days following the original billing date. The second notice shall
state that water service may be discontinued after the fifteenth day
following the date of the second notice.
C.
At least
twenty-four hours prior to discontinuance of water service for delinquency,
a delinquency notice shall be left at the premises receiving water
service, or, if unable to reasonably access premises, the notice shall
be mailed to the customer. The delinquency notice shall state when
water shall be turned off unless all delinquent amounts and charges
are paid.
D.
In all
instances where water service has been discontinued because of delinquency,
a restoration fee set by Council resolution shall be collected in
addition to the delinquent amount prior to restoration of service.
E.
The
City Manager shall, in the case of extreme hardship or by prior arrangement
with the customer, have the discretion not to discontinue service
to a delinquent account upon acceptance of a valid plan for the payment
of all past-due charges.
F.
If the
customer disputes the amount due on the account, the customer shall
have fifteen days from the date of the second notice within which
to file a written request to have the account reviewed by the City
Manager. The request shall state the reasons why the customer believes
the amount to be in error.
1.
Any
customer seeking timely review of a water bill in writing shall be
heard before discontinuation of water service. The hearing shall be
held by the City Manager. The decision of the City Manager shall be
final.
2.
After
hearing, if the City Manager finds in favor of the customer, any or
all of the appropriate charges may be returned to the customer or
credited to the customer's account based upon the City Manager's findings.
If the City Manager determines that the customer owes the City any
money, the customer shall pay the amount due within the time ordered
by the City Manager. If the amount is not paid, water service shall
be discontinued.
G.
Final
bills are due and payable upon receipt. After thirty days the account
shall be rebilled. If the account is not paid after an additional
sixty days, the account shall be turned over to a collection agency.
All accounts uncollected after being in collection for a period of
ninety days shall be written off.
H.
In cases
where termination of service for a delinquent account may cause severe
hardship or loss of life, the City shall initiate other collection
action against the customer. This action may include the use of a
court of competent jurisdiction.
(Ord. 2929 § 1 (part),
1996)
A.
Notices
required to be given by the utility will normally be given in writing,
and may be delivered personally or by mail to the address for which
water service is rendered.
B.
Notice
from a customer or a customer's agent may be given to the utility
orally or in writing at the utility's office.
(Ord. 2929 § 1 (part),
1996)
A.
The
utility may furnish and install a service of such size and at such
location as the applicant requests, provided:
1.
The
request is reasonable.
2.
The
location is such that the utility has in place a distribution main
of sufficient size adequate to provide service to the location without
detriment to existing customers.
3.
The
distribution main is adjacent to and extends at least midway along
the right-of-way fronting the lot to be served. In cases where the
main exists halfway along the right-of-way fronting the lot to serve
properties on opposite side of right-of-way, the applicant must complete
the extension through their lot to obtain service. The only exception
to this rule will be that service can be made available through an
easement which fronts the water line, provided:
a.
That the easement is no more than two hundred feet long,
b.
That only one home on premises is served by the easement,
c.
That the easement is the only feasible present or future access to
the building lot,
d.
That fire protection can be provided to the property from the water
line,
e.
That utility shall be the sole judge in determining that the property
requesting service under this rule meets all of the conditions.
B.
Schedules
of Charges for Service Connection. A service connection fee set by
Council resolution shall be paid by the applicant requesting the installation
of the service connection at the time said request is made. The fee
shall include all meters and necessary appurtenances for installation
and continued operation of the service connection which the utility
will supply.
C.
Change
in Location or Meter Size. A change in the location of service or
a change in meter size requested by the customer shall be done for
a charge set by Council resolution and only if the request is reasonable
and approved by the utility.
D.
Ownership.
The service connection, whether located on public or private property,
is the property of the utility and the utility reserves the right
to repair, replace and maintain it, as well as to remove it upon discontinuance
of service.
E.
All
meters shall be sealed by the utility at the time of installation
and no seal shall be altered or broken except by an authorized agent
of the utility.
F.
Charges
for Service Pipes Connected without Permit. If premises are connected
without the application prescribed in this Section, such premises
shall be immediately disconnected. Before a new connection is made,
the applicant shall pay double the rate for the estimated quantity
of water consumed. A new connection shall only be made upon compliance
with City ordinances.
G.
Abandoned
Services.
1.
Where
a service connection has been installed and paid for in accordance
with Section 5.04.090.B and:
a.
The utility has imposed a monthly demand charge for that service
and that demand charge has not been paid for 12 consecutive calendar
months, the water service shall be deemed abandoned and the Utility
Director shall remove the service line or the water meter upon compliance
with paragraph 2 below.
b.
The utility has not imposed a monthly demand charge for that service
but the service has not been used for a period of three years or longer,
the Utility Director may declare the service abandoned and remove
the service line or the water meter upon compliance with paragraph
2 below. In determining whether a service is abandoned, the Utility
Director shall consider past and present uses of the property, zoning,
changes in size or shape of the property, time since last use and
other factors.
2.
Before
declaring the service connection abandoned and directing its removal,
the Utility Director shall give ten days' prior written notice to
the property owner of the Utility Director's tentative determination
of abandonment. Such Utility Director's notice shall be reasonably
calculated to reach the owner and may be by personal service, by posting
the property, or by mailing the notice, certified mail, postage prepaid,
to the last known address of the property owner. The notice shall
advise the property owner that, in the absence of good cause shown,
the Utility Director will order the removal of the service connection
in ten days from the date of the notice. If the property owner does
not respond to the notice, the Utility Director may proceed to remove
the water service without further notice. If the property owner provides
good cause, the Utility Director shall not declare the service connection
abandoned. If the property owner responds to the notice but does not
provide good cause, the Utility Director may determine the service
connection abandoned and order its removal. Notice of that determination
shall be given the property owner in the same manner as the initial
notice of tentative determination.
3.
The property owner shall have ten days in which to appeal in writing to the City Manager to review the Utility Director's determination. The City Manager shall review the record in the matter and after giving the property owner an opportunity to be heard, render a decision applying the criteria set forth in this Subsection G. The decision of the City Manager shall be in writing and served upon the property owner in the same manner as the initial notice of tentative determination. The decision of the City Manager shall be final.
4.
After
water service has been determined to be abandoned, an application
to install water service to the same property shall be treated as
a new connection.
H.
Leaking
or Unused Services. Where there is a leak between the main and the
meter, the utility shall make all repairs. When a service pipe is
damaged or destroyed by contractors or others, or where service pipes
are destroyed by electrolysis, the person, contractor or company responsible
for such damage or destruction shall pay the utility for the cost
of repairing or replacing such pipes on the basis of the direct cost
to the City in labor and in material, plus overhead. Where a customer
service line is leaking or has a history of repair problems which
has resulted in leak adjustments or abandoned accounts, service to
this customer shall not be activated until the customer can demonstrate
the problem has been eliminated. Action necessary may be in the form
of partial or total replacement of the customer's plumbing and/or
deposit of sufficient funds to cover estimated consumption.
Customers with serious water leaking which, in the judgment
of the utility, will cause extreme financial hardship or detrimental
service to other customers may have their water service terminated
after twenty-four hours' notice. In cases of leakage causing severe
detriment to other customers, service may be terminated immediately.
(Ord. 2929 § 1 (part),
1996)
A.
The
service units on a single parcel shall be serviced through one or
more service connections at the option of the owner or customer. When
a single parcel with more than one unit is partitioned into separate
parcels with units on each, before the partition is final each parcel
containing at least one service unit shall have its own service connection.
B.
Whenever
existing service is to be extended to a separate service unit on the
same parcel, the owner or customer shall obtain a permit from the
utility. Failure to obtain a permit before extending service shall
require the owner or customer to pay an administrative penalty set
by Council resolution which is in addition to any penalty judicially
imposed. In addition to the permit, any extension of service to another
service unit on the same parcel when the parcel is located outside
the City limits shall require the owner to comply with Section 5.04.060.A.
C.
Whenever
an existing multiple-block service is physically modified, the service
to the parcel or parcels shall be made to comply with this Section.
D.
Charges
for all water furnished to multiple service units on a single parcel
shall be billed in a single bill. The property owner shall be responsible
for these charges except when there is filed with the utility a written
agreement by another to accept responsibility for the charges until
the obligor is replaced by someone similarly obligated and evidence
of that obligation is filed with the utility. Any such obligor shall
not have a history of delinquent payment of obligations due to the
City.
(Ord. 2929 § 1 (part),
1996)
A.
Rendering
of Bills.
(Ord. 2929 § 1 (part),
1996)
A.
Meter
Test.
1.
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.
2.
On
Customer Request.
a.
A customer may, giving not less than one week's notice, request the
utility to test the meter serving the premises.
b.
The utility may require the customer to deposit an amount to cover the reasonable cost of test, per Section 5.04.290.
c.
This deposit will be returned if the meter is found to register more
than two percent fast.
d.
A written report giving the results of the test shall be available
to the customer within ten days after completion of the test.
B.
Adjustment
of Bills for Meter Error.
1.
Fast
Meters. When, upon test, a meter is found to be registering more than
two percent fast, under conditions of normal operation, the utility
will refund to the customer the full amount of the overcharge based
on corrected meter readings for a period not exceeding two billing
periods 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 percent slow, the
utility may bill the customer for the amount of the undercharge, based
upon corrected meter readings for a period not exceeding three months
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
utility may bill the customer for the amount of the undercharge based
upon correct meter readings for a period not exceeding two billing
periods that the meter was in use.
3.
Nonregistering
Meters. The utility may bill the customer for water consumed while
the meter was not registering. The bill 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.
Adjustments
on Account of Underground Leaks. Where a leak exists underground between
the meter and the building and the same is repaired within ten days
after the customer has been notified of such leakage, the utility
may allow an adjustment of fifty percent of the estimated excess consumption.
(Ord. 2929 § 1 (part),
1996)
A.
Nonpayment of Bills. A customer's water service may be discontinued if the water bill is not paid in accordance with the procedures as listed in Section 5.04.070.
B.
Unsafe
Apparatus.
1.
The
utility may refuse to furnish water and may discontinue service to
any premises where apparatus, appliances or equipment using water
are dangerous, unsafe or are being used in violation of laws, ordinances
or legal regulations.
2.
The
utility does not assume liability for inspecting apparatus on the
customer's property. The utility does reserve the right of inspection,
however, if there is reason to believe that unsafe or illegal apparatus
is in use.
C.
Service
Detrimental to Others. The utility may refuse to furnish water and
may discontinue service to any premises where excessive demands by
one customer will result in inadequate service to others.
D.
Fraud
and Abuse. The utility shall have the right to refuse or to discontinue
water service to any premises to protect itself against fraud or abuse.
E.
Noncompliance.
The utility may, unless otherwise provided, discontinue water service
to a customer for noncompliance with any of these regulations any
time after five days of the giving of written notice to the customer
of the utility's intention to discontinue service. If such noncompliance
affects matters of health or safety or other conditions that warrant
such action, the utility may discontinue water service immediately.
F.
Customer
Request for Service Discontinuance.
1.
A
customer may have water service discontinued by notifying the utility
reasonably well in advance of the desired date of discontinuance.
The customer shall pay all water charges until the date of such discontinuance.
2.
If
notice is not given, the customer will be required to pay for the
water service until the date the utility has learned that the customer
has vacated the premises or otherwise has discontinued service.
3.
Temporary
discontinuance of service requested by the customer for repairs or
maintenance to the customer's system may be done for a charge set
by Council resolution. This charge may be waived where the resulting
maintenance adds a customer control valve where one did not previously
exist, or in emergency situations not controlled by the customer.
G.
Restoration;
Reconnection Charge. The utility shall charge as designated by Council
resolution for restoring water service which has been discontinued
because of noncompliance with these rules.
H.
Penalty
for Turning On Water without Authority. Should the water be turned
on by any water consumer or other person without authority from the
utility, the water may then be shut off at the main or the meter removed.
The charges for shutting water off at the main and removing a meter
shall be set by Council resolution. All such charges shall be chargeable
to the offending customer where the water is supplied, and water shall
not again be furnished to the customer until said charges are paid.
I.
Invalidity
of Annexation Petition. If the City is prevented from annexing property
outside the City for which it has received an annexation petition
as a condition for water service, the City may discontinue water service
and remove the meter.
(Ord. 2929 § 1 (part),
1996)
Fire protection service shall be allowed under the following
conditions:
A.
When the owner of a property or building desires such service, and a main of sufficient size and volume is present adjacent to or which may be extended to the property (See Section 5.04.040, Main Exten-sions) in such a manner as to provide the service required.
B.
The
owner or agent of such a building shall agree and understand that
no water is available from the system except for extinguishing fires
or periodic testing. Before any water for testing can be used the
owner or agent must receive written permission from the utility.
C.
In any
case where the fire system is wet or has hydrants or hose connections,
such a system must have a detector check valve or proportional meter.
D.
In the case of existing fire services which do not meet the conditions of Subsection C of this Section, the utility reserves the right to seal the hydrants or hose connection in such a manner as to indicate use thereof. If the seal is found to be broken, the utility has no recourse but to assume water is being used from the fire service which is a violation of these rules and which results in action being taken as outlined in Subsection E of this Section.
E.
Any
violation of any of the above Subsections shall cause service to be
discontinued immediately.
F.
No charge
will be made for water used in the extinguishing of fires.
G.
All fire services six inches or larger shall be outfitted with state-approved, double-check valve assemblies. All set fire systems shall be outfitted with the property backflow prevention devices (see Section 5.04.210).
H.
The
cost of all detector checks, proportional meters, backflow devices
and related appurtenance shall be borne by the customer.
I.
The
utility owns and is responsible for that section of the fire protection
service from the main through and including the control valve. The
customer and all owners of premises served by the fire protection
service are responsible for maintaining, repairing and replacing that
portion of the fire protection service downstream from the control
valve. The customer and all such owners of premises served shall be
liable for any and all damage to persons or property resulting from
failure to keep such portion of the fire protection service in safe
condition and good repair whether such portion of the fire protection
service is located in public right-of-way, easement or private property.
Furthermore, said customers and property owners shall be liable to
the City for any and all judgments, expenses and attorney fees incurred
or paid by the City, by reason of the customer's or owner's failure
to maintain, repair or replace any such fire protection service as
required herein.
J.
Standby
monthly charges for automatic fire service shall be set by Council
resolution.
K.
Pressure
and Supply. The utility assumes no responsibility for loss or damage
because of lack of water or pressure, and merely agrees to furnish
such quantities and pressures as are available in its general distribution
system. The service is subject to shutdowns and variations required
by the operation of the system.
(Ord. 2929 § 1 (part),
1996; Ord. No. 3395, § 1, 4-9-2012)
A.
Time
Limit. Temporary service connections shall be disconnected and terminated
within six months after installation unless an extension of time is
granted in writing by the utility.
B.
Charge
for Water Served. Charges for water furnished through a temporary
service connection shall be at the established rates for other customers.
C.
Installation
Charge and Deposits. The applicant for temporary service will be required:
1.
To pay the utility, in advance, the estimated cost of installing and removing all facilities and overhead charges necessary to furnish such service; or at the utility's option, if service is supplied through a fire hydrant, the applicant will be charged applicable fees, per Section 5.04.290;
2.
To
deposit an amount sufficient to cover bills for water during the entire
period such temporary service may be used, or to establish credit
approved by the utility;
D.
Responsibility
for Meters and Installation. The customer shall use all possible care
to prevent damage to the meter or to any other loaned facilities of
the utility which are involved in furnishing the temporary service
from the time they are installed until they are removed, or until
forty-eight hours' notice in writing has been given to the utility
that the contractor or other person is through with the meter or meters
and the installation. If the meters of other facilities are damaged,
the cost of making repairs, including overhead charges, shall be paid
by the customer.
(Ord. 2929 § 1 (part),
1996)
When an abnormally large quantity of water is desired for filling
a swimming pool, log pond, or for other purposes, arrangements must
be made with the utility prior to taking such water. Permission to
take water in unusual quantities will be given only if it can be safely
delivered through the utility's facilities and if other consumers
are not inconvenienced.
(Ord. 2929 § 1 (part),
1996)
A.
Unauthorized
Use of Fire Hydrant. No person shall open any fire hydrant or attempt
to draw water from it in any manner without City authorization. In
addition to any penalty imposed, a violation of this regulation will
result in a water-use fee set by Council resolution which shall be
due and payable immediately. Any future water service request of the
violator will be denied until this fee has been paid.
B.
Damage
of Fire Hydrants. No person or persons shall damage or tamper with
any fire hydrant.
C.
Authorized
Use. Authorized use of a fire hydrant may be obtained upon application
to and approval by the utility. The utility will determine a hydrant
the customer may use.
An applicant for water service at a fire hydrant shall supply
the utility with an estimate of water to be used, address and name
of who will be responsible for the bill, time and date water will
be taken from the system. This information will be placed on the appropriate
form and signed by the customer or the customer's authorized agent.
The bill will be generated from the information ten days after the
service is used. If the estimate of water is incorrect, then the customer
has this ten-day period to adjust the amount. If an account is to
be active more than sixty days a partial bill will be prepared.
Any person using a hydrant must install an auxiliary control
valve on the hydrant. This valve will be used to control the volume
of water discharged from the hydrant.
D.
Water
Bill. The amount to be paid for the water used shall be based upon
a standard account. Set-up fee plus a bulk rate charge in the amounts
set by Council resolution.
E.
Moving
of Fire Hydrants. When a fire hydrant has been installed in the location
specified by the proper authority, the utility has fulfilled its obligation.
If a person desires a change in the size, type or location of the
hydrant, the requestor shall bear all costs of such changes. Any change
in the location of a fire hydrant must be approved by the utility.
F.
Charge
for Installation and Annual Maintenance for Fire Hydrants.
1.
All
fire hydrants will be installed at cost, providing a utility water
main of sufficient size is located in the desired hydrant location.
2.
All
maintenance of fire hydrants shall be the responsibility of the fire
district or City in which the hydrants are located.
3.
A
standby charge set by Council resolution shall be charged for service
to each hydrant.
4.
In
the event of nonpayment of the standby charge or in the event a fire
hydrant is not maintained, the utility may terminate service to the
fire hydrant.
(Ord. 2929 § 1 (part),
1996)
The customer shall, at his own risk and expense, furnish, install
and keep in good and safe condition all equipment that may be required
for receiving, controlling, applying and utilizing water. The utility
shall not be responsible for any loss or damage caused by the improper
installation of such water equipment, or the negligence, want of proper
care or wrongful act of the customer or any of his tenants or agents
in installing, maintaining, using, operating or interfering with such
equipment. The utility shall not be responsible for damage to property
caused by spigots, faucets, valves and other equipment that are open
when water is turned on at the meter, either when the water is turned
on originally or when turned on after a temporary shutdown.
(Ord. 2929 § 1 (part),
1996)
The 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 or customer's agents. Such damage shall include the
breaking or destruction of locks on or near a meter, and any damage
to a meter that may result from hot water or steam from a boiler or
heater on the customer's premises. The utility shall be reimbursed
by the customer for any such damage promptly on presentation of a
bill.
(Ord. 2929 § 1 (part),
1996)
The utility shall install a suitable control valve on all new
or replacement customer service lines one inch and smaller. This valve
shall be located in the meter box for the convenience of the customer
in controlling the entire service line. The valve from that period
forward shall be the responsibility of the customer to maintain and
upkeep.
All customers having service lines larger than one inch shall
install their own customer control valve as close to the meter as
possible. This valve shall be housed in a separate vault or box. The
maintenance of this valve is also the responsibility of the owner.
The operation of the utility's angle meter valve located on
the utility's side of the meter is not permitted.
(Ord. 2929 § 1 (part),
1996)
A.
"Approved backflow prevention assembly"
"Auxiliary supply"
"Backflow"
"Certified backflow assembly tester"
"Certified cross connection specialist"
"City water system"
"Contamination"
"Cross connection"
"Degree of hazard"
"DOHS"
"Double check valve backflow prevention assembly"
"Health hazard"
"Mobile unit"
"Non-health hazard"
"Point of use isolation"
"Pollution hazard"
"Premises"
"Premises isolation"
"Reduced pressure principle backflow prevention assembly"
"Resident"
"Retrofitting"
"Submerged heads"
"Thermal expansion"
Definitions.
For the purposes of this Section, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning. If a word or term used in this Section is not contained in
the following list, its definition, or other technical terms used,
shall have the meanings or definitions listed in the Oregon Administrative
Rules (OAR), or the 9th Edition of the Manual of Cross Connection
Control published by the Foundation for Cross Connection Control and
Hydraulic Research, University of Southern California.
(or any abbreviated version thereof) means an assembly designed
to counteract back-pressure and/or prevent back-siphonage as approved
by the Department of Human Services - Health Services.
means any water source or system other than the City water
system.
means the flow in the direction opposite to the normal flow
or the introduction of any foreign liquids, gases or substances into
the City's water system.
means a person who has successfully completed all requirements
as established by the Department of Human Services-Health Services
to test backflow assemblies in the state of Oregon.
means a person who has successfully completed all requirements
as established by the Department of Human Services-Health Services
to survey and inspect cross connection devices in the state of Oregon.
means the City of Roseburg Water System, which shall include
wells, treatment mechanisms or processes, pumping stations, reservoirs,
supply trunk or feeder lines, service lines, meters and all other
appurtenances, device lines and items necessary to the operation of
the system and to supply water service to an individual property or
premises and shall include the City's potable water with which the
system is supplied.
means the entry into or presence in a public water supply
system of any substance which may be deleterious to health and/or
quality of the water.
means any physical arrangement where a potable water supply
is connected, directly or indirectly, with any other non-drinkable
water system or auxiliary system, 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 may be capable of imparting
contamination to the public water system as a result of backflow.
Bypass arrangements, jumper connections, removable sections, swivel
or changeover devices or other temporary or permanent devices through
which, or because of which backflow may occur, are considered to be
cross connections.
means the non-health hazard, health hazard or high hazard
classification that shall be assigned to all actual or potential cross
connections.
means Department of Human Services - Health Services.
(or any abbreviated version thereof) means an assembly which
consists of two independently-operating check valves which are spring-loaded
or weighted. The assembly comes complete with a resilient seated shut-off
valve on each side of the checks, as well as test cocks to test the
checks for tightness.
means an actual or potential threat of contamination of a
physical, chemical or biological nature to the public potable water
system or the consumer's potable water system that would be a danger
to health.
means a temporary unit connected to the water system through
a hydrant, hosebib or other permanent appurtenance that is part of
the City water system or a permanent water service to a premises.
Examples can include, but not be limited to the following: water trucks,
pesticide applicator vehicles, chemical mixing units or tanks, waste
or septage hauler's trucks or units, sewer cleaning equipment, carpet
or steam cleaning equipment for other than homeowner use, rock quarry
or asphalt/concrete batch plants or any other mobile equipment or
vessel that poses a threat of backflow in the City water system. Uses
that are excluded from this definition are recreational vehicles at
assigned sites or parked in accordance with City regulations pertaining
to recreational vehicles and homeowner devices that are used by the
property owner in accordance with this Section, or other City regulation
pertaining to provision of water service to a premises.
means the classification assigned to an actual or potential
cross connection that could allow a substance that may be objectionable,
but not hazardous to one's health, to backflow into the potable water
supply.
means the appropriate backflow prevention within the consumer's
water system at or near the point at which the actual or potential
cross connection exists.
means an actual or potential threat to the physical properties
of the water system or the potability of the public or the consumer's
potable water system, but which would not constitute a health or system
hazard, as defined. The maximum intensity of pollution to which the
potable water system could be degraded under this definition would
cause minor damage to the system or its appurtenances.
means any piece of property to which water service is provided,
including but not limited to, all improvements, mobile structures
and other structures located upon it.
means the appropriate backflow prevention at the service
connection between the public water system and the premises. This
location will be at or near the property line and downstream from
the service connection meter.
(or any abbreviated version thereof) 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 assembly shall include properly located test cocks and
two tightly closing shut-off valves.
means a person or persons living within the area(s) served
by the City water system.
means to furnish a service connection with parts or equipment
made available after the time of construction or assembly installation.
means irrigation sprinkling or delivery devices that are
located below the surface of the landscaped area in which they are
installed.
means the pressure created by the expansion of heated water.
B.
Purpose.
The purpose of this Section is to protect the City's water supply
and distribution system from contamination or pollution due to any
existing or potential cross connections and to comply with the Oregon
Administrative Rule Chapter 333-061-0070, 0071, 0072 and 0074 or as
amended.
C.
Application
and responsibilities. The regulations set forth in this Section apply
throughout the City to every owner, occupant or person in control
of any premises or property served by the City water system, regardless
of date of connection to the City water system.
D.
Cross
connections regulated.
1.
No
cross connection shall be created, installed, used or maintained within
the area(s) served by the City water system, except in accordance
with this Section.
2.
The
Public Works Director shall carry out or cause inspections to be carried
out to determine if any actual or potential cross connection exists.
If found necessary, an assembly commensurate with the degree of hazard
will be installed at the service connection.
3.
The
owner, occupant or person in control of any given premises shall be
responsible for all cross connection control within the premises.
4.
All
premises found on Table 1 of the subject OAR shall install a reduced
pressure assembly at the service connection.
E.
Backflow
Prevention Assembly Requirements. A certified cross connection inspector
employed by or under contract with the City shall determine the type
of backflow assembly to be installed within the City's water system.
Every assembly shall be installed at the service connection unless
it is determined by the inspector and approved by the Public Works
Director, that it should be installed at the point of use. An approved
assembly shall be required in each of the following circumstances,
but the inspector may require an assembly under other circumstances:
1.
When
the nature and extent of any activity at a premises, or the materials
used in connection with any activity at a premises, or materials stored
at a premises, could contaminate or pollute the potable water supply.
2.
When
internal cross connections are present that are not correctable.
3.
When
intricate plumbing arrangements are present making it impractical
to ascertain whether cross connections exists.
4.
When
the premises has a repeated history of cross connections being established
or re-established.
5.
When
entry to the premises is restricted so that surveys for cross connections
cannot be made with sufficient frequency to assure cross connections
do not exist.
6.
When
an appropriate cross connection inspection report form has not been
filed with the Public Works Director.
7.
If
a point-of-use assembly has not been tested or repaired as required
by this Section, the installation of a reduced pressure principle
assembly will be required at the service connection.
8.
When
there is a premises with an auxiliary water supply which is or can
be connected to the City water service or supply system, a reduced
pressure backflow assembly will be required. The City will immediately
discontinue water service to any premises or customer where such a
condition occurs until such time as the cross connection is eliminated
or the required backflow prevention assembly is installed. Customers
using the City's water supply and any other water supply at the same
premises shall install and maintain a separate plumbing system for
the City's water supply, which shall be separated by an air gap of
not less than one foot from any other supply, unless such reduced
pressure principle backflow assembly is installed and maintained at
the meter for the premises.
9.
The
Public Works Director shall make the final determination on the type
of device needed when there is a disagreement between a cross connection
specialist and the owner, occupant or person in control of the premises.
F.
New
Construction. Where possible, a plan check shall be made prior to
construction to determine the degree of hazard and the class of backflow
prevention device, if any, required at the point of delivery from
the public water system to the premises. Where adequate plans and
specifications are not available and no realistic evaluation of the
proposed water uses can be determined, the applicant, customer, architect,
engineer or other authorized person shall be advised that eventually
circumstances may require the installation of maximum backflow protection
at the water service connection.
G.
Retrofitting.
Retrofitting shall be required at all service connections where an
actual or potential cross connection exists, and wherever else the
City deems retrofitting necessary to comply with state law, this Section
and the City's Cross-Connection Guidance Manual.
H.
Landscape
Irrigation Systems. All landscape irrigation systems shall be protected
according to plumbing code regulations. In the event any system is
equipped with an injector system, a reduced pressure principle assembly
will be required.
I.
Thermal
Expansion. It is the responsibility of the property owner, the occupant
or person in control of the property to eliminate the possibility
of damage from thermal expansion, if a closed system has been created
by the installation of a backflow prevention assembly, or other appurtenances.
J.
Mobile Units. Any mobile unit or apparatus as defined in Subsection A of this Section, which uses the water from any premises within the City water system shall first obtain a permit from the City and be inspected to assure an approved air gap or reduced pressure principle assembly is installed on the unit.
K.
Installation
Requirements and Pressure Loss. All backflow prevention assembly installations
shall follow the requirements as stipulated by OAR 333-061-0070. The
type of backflow prevention assembly required shall be commensurate
with the degree of hazard that exists and must, at all times, meet
the standards of the Department of Human Services - Health Services.
All backflow prevention assemblies required under this Section shall
be of a type and model approved by the DOHS. Any decrease in water
pressure caused by the installation of a backflow assembly shall not
be the responsibility of the City.
L.
Fire
Systems. An approved double check detector assembly shall be the minimum
protection on fire sprinkler systems using piping material that is
not approved for potable water use and/or does not provide for periodic
flow through during each 24 hour period. A reduced pressure principle
detector assembly must be installed if any solution other than the
potable water can be introduced into the fire sprinkler system.
M.
Plumbing
Code. As a condition of water service, customers shall install, maintain
and operate their piping and plumbing systems in accordance with the
Oregon Specialty Plumbing Code. If there is a conflict between this
Section and the Plumbing Code, the Public Works Director and the City
Building Official will determine which shall provide the most appropriate
protection of the City water system.
N.
Access
Allowed. Authorized personnel of the City, with proper identification
and sufficient notice, shall have access during reasonable hours to
all parts of a premises and within the structure to which water is
supplied. However, if any owner, occupant or person in control refuses
authorized personnel access to a premises, or to the interior of a
structure, during these hours for inspection, a reduced pressure principle
assembly must be install at the service connection to that premises.
O.
Assembly
Permits. When it is found that a customer needs a backflow prevention
assembly, the City will issue a permit for such as assembly. This
permit will identify the type, size, model, etc., of the backflow
prevention assembly and also assign each an assembly number. This
number and permit will enable the City to ensure that testing and
other requirements of this Section are met. The permit number should
be used in all correspondence in reference to each installation to
eliminate confusion of devices.
P.
Annual
Testing and Repairs. All backflow assemblies installed within the
area served by the City shall be tested immediately upon installation,
and at least annually thereafter by a certified backflow assembly
tester. All assemblies found not functioning properly shall be promptly
repaired or replaced at the expense of the owner, occupant or person
in control of the premises. In the event an assembly is moved, repaired
or replaced it must be retested immediately. If any such assembly
is not promptly repaired or replaced, the City shall deny or discontinue
water service to the premises. It is the responsibility of the persons
who own the assembly to have the assembly tested by a certified backflow
assembly tester.
Q.
Responsibilities
of Backflow Prevention Assembly Testers.
1.
All
backflow assembly testers operating within the City water system service
area shall be certified in accordance with all applicable regulations
of the DOHS.
2.
Persons
certified as backflow assembly testers shall agree to abide by all
requirements of the United States Occupational Safety and Health Administration
(OSHA) and the Oregon Occupational Safety and Health Administration
(OR-OSHA); and have completed confined space entry training to enter
any confined spaces within the City.
3.
It
is the responsibility of the backflow assembly tester to submit records
of all backflow assembly test repairs to the City within 10 days of
completing the test.
R.
Costs of Compliance. All costs associated with the purchase, installation, inspection, testing, replacement, maintenance, parts and repairs of backflow prevention assemblies, and all costs associated with enforcements of this Section, are the financial responsibility of the owner, occupant or other person in control of the premises. Delinquent accounts shall be handled as described in Section 5.04.070 of this Chapter.
S.
Termination
of Service. Failure on the part of any owner, occupant or person in
control of the premises to install a required assembly, have it tested
annually and/or to discontinue the use of all cross connections and
to physically separate cross connections in accordance with this Section
shall serve as sufficient cause for the discontinuance of City water
service to the premises pursuant to Oregon Administrative Rule Chapter
333.061.0070. In the case of an extreme emergency or where an immediate
threat to life or public health is found to exist, discontinuance
or termination of City water service to the premises shall cease immediately.
T.
Appeal
Process.
1.
Any
property owner or service customer who receives a notice of possible
termination of water service due to noncompliance with cross-connection
requirements may appeal the notice to the City Manager. Such appeal
must be filed in writing, fully explaining the basis for the appeal
within 30 days after the date of such notice and be accompanied by
an appeal filing and processing fee as set by Council resolution.
The appeal fee shall be refunded if the City Manager revokes the notice.
2.
The
City Manager shall fix the time and place of the hearing on a date
no more than 30 days after the City Manager's receipt of the written
appeal. The City Manager shall give the appellant and any other persons
requesting the same, at least five day's notice of the time and place
of such hearing.
3.
After
reviewing the appeal, at the time and place set for the hearing, the
City Manager shall give the appellant and any other interested party,
a reasonable opportunity to be heard. In all such cases, the burden
of proof shall be upon the appellant. During the hearing, new evidence
may be presented to and considered by the City Manager. The City Manager
may also receive such evidence from City Staff as the City Manager
deems appropriate. The hearing shall be informal and follow such procedures
as the City Manager deems appropriate to resolve the questions presented
by the appeal.
4.
Within
15 days of the date of the hearing, the City Manager shall issue a
written decision which contains findings of fact and a determination
of the issues presented. The City Manager shall uphold, or modify
and uphold the notice as issued, or revoke the notice and render a
new decision on the matter consistent with the requirements of this
Section. If the notice is upheld, the City shall not terminate the
appellant's water service any sooner than 15 calendar days following
the City Manager's decision. The City Manager's decision shall be
final.
U.
Suspension
of Service.
1.
Emergency
Suspension. The Public Works Director may, without prior notice, suspend
water service to any premises when such suspension is necessary to
stop the imminent threat of any actual or potential cross connections
as defined in this Section.
2.
Non-Emergency
Suspension. The Public Works Director may suspend, with 60 days notice,
the water supply to any premises where the conditions of this Section
have been violated.
V.
Constitutionality
and Saving Clause. Should any provision, Subsection, sentence, clause
or phrase of this Section or the application of the same to any person
or set of circumstances, be determined to be unconstitutional, void,
invalid, or for any reason unenforceable, the validity of the remaining
portions of this Section, or its application to other persons or circumstances,
shall not be affected; thereby, it being the intent of the City in
adopting and approving this Section that no portion or provision hereof,
or regulation contained herein, shall become inoperative or fail by
reason of any unconstitutionality or invalidity of any other portion,
provision or regulation.
(Ord. 2929 § 1 (part),
1996; Ord. 3125 § 1, 2002; Ord. 3202 § 1, 2005)
No person shall drill, install or construct a well or any appurtenant
equipment for a well for the purpose of supplying water to any structure
containing a plumbing fixture or for any water uses associated with
such a structure. No person shall use a well which has been drilled,
installed or constructed in violation of this Section.
(Ord. 2929 § 1 (part),
1996)
Where water is wastefully or negligently used on a customer's
premises, seriously affecting the general service, the utility may
discontinue the service if such conditions are not corrected.
(Ord. 2929 § 1 (part),
1996)
A.
The
utility shall at all reasonable times have the right to enter or leave
the customer's premises for any purpose properly connected with the
service of water.
B.
Any
inspection or recommendations made by the utility on plumbing or appliances
or use of water on the customer's premises, either as the result of
a complaint or otherwise, will be made or offered without charge.
(Ord. 2929 § 1 (part),
1996)
The utility shall not be liable for damage resulting from an
interruption in service. Temporary shutdowns may be made by the utility
for improvements and repairs. Whenever possible, and as time permits,
all customers affected will be notified prior to such shutdowns. The
utility will not be liable for interruption, short-age or insufficiency
of supply, or for any loss or damage occasioned thereby, if caused
by accident, act of God, fire, strikes, riots, war or any other cause
not within its control.
(Ord. 2929 § 1 (part),
1996)
Except by special agreement with the utility, no customer shall
resell any of the water received by him from the utility, nor shall
water be delivered to premises other than those specified in his application
for service.
(Ord. 2929 § 1 (part),
1996)
Notwithstanding any administrative action authorized by this
Chapter and regardless if such action has been undertaken, the following
are violations:
A.
Failure
to comply with the written notice issued under Subsection 5.04.130.E.
B.
Turning
on water service where such service has been discontinued, without
authorization by the utility.
C.
Connecting
to the water utility without authorization by the utility.
D.
Opening
any fire hydrant or attempting to draw water from a fire hydrant without
authorization by the utility.
E.
Damaging
any water system equipment or property owned by the utility.
(Ord. 2929 § 1 (part),
1996)
A.
In areas
of the City where residents request local improvement districts in
order to improve their streets, storm drainage and/or sewer system,
the following policy for water main and service replacement shall
be in effect:
1.
In
areas where no water main exists, such main shall be installed totally
at the owner's expense. This applies in all cases except in residential
areas where water mains in excess of eight inches in size are installed.
In those cases the City shall pay for the oversizing of materials
only above eight inches.
2.
In
areas of the system where existing main lines are substandard or inadequate,
six inches or less in size, or of such age or construction which requires
excessive maintenance, the replacement of such main lines shall be
at the City's expense. In the case of cul-de-sacs or dead- end streets,
main line size may be reduced.
3.
All
main line and service line relocation or replacement, which is in
conjunction with a local improvement district project, shall be done
at the City's expense.
B.
In all
cases, the adequacy or condition of any line shall be the sole determination
of the City.
C.
All
fire hydrant requirements within local improvement districts shall
be installed under the following policy:
1.
In
areas where no fire hydrant exists they shall be installed at the
owner's expense.
2.
In
areas where four-inch or smaller hydrants exist they shall be replaced
at the City's expense.
3.
In
areas where hydrants exist which are adequate, six inches in size,
and relocation or replacement is needed to conform to street, storm
and/or sewer plans, all costs shall be at the owner's expense.
(Ord. 2929 § 1 (part),
1996)
The Council, by resolution, shall set the fees and rates for
water service and related activities as described in this Chapter
in accordance with the following requirements:
A.
Water
service rates shall be based on the combination of a demand charge
on open customer accounts plus a consumption charge for the volume
of water consumed.
B.
Water
service rates may also provide for payment of the costs of, or repayment
of indebtedness incurred for, capital improvements to the water system.
Rates may be adjusted for this purpose system-wide or with reference
to specially benefited properties.
C.
Account
fees, administrative fees, charges for water service provided to customers
inside the City and charges for other water service activities shall
be based on the actual direct and indirect costs to the utility of
providing the service.
D.
Charges
for water service provided to customers outside the City may exceed
the actual direct and indirect costs of providing such service by
a reasonable amount. In determining the amounts to be charged to customers
outside the City, the Council shall consider the comparative cost
of obtaining water service from other suppliers in Central Douglas
County or comparable areas and any other factors the Council finds
to be appropriate to determining reasonable charges.
(Ord. 2929 § 1 (part),
1996; Ord. 3138 § 1, 2003)
A.
When
in the judgment of the Public Works Director, it becomes necessary
to curtail use of water by any or all customers because the continued
use of water constitutes an eminent danger to public health, safety
or welfare, the Public Works Director shall notify the City Manager
of the need to temporarily order curtailment or suspension of water
service. The Public Works Director shall give such public notice of
the curtailment or suspension as the circumstances allow and warrant.
In the event that Stage 3 or Stage 4 measures are necessary, the Public
Works Director shall submit a report to City Council outlining the
measures being implemented.
B.
Upon
declaration of a water shortage, water curtailment orders shall be
according to one of the following four stages of severity.
1.
Stage 1—Awareness of Potential Water Shortage: Demands
are at 85 percent of Water Treatment Plant production capacity for
three consecutive days. Under a Stage 1 curtailment, the Public Works
Director has the authority to activate some or all of the voluntary
curtailment measures described below.
a.
Restrict watering based on odd/even address numbers for all water
customers.
b.
Request customers reduce or eliminate non-essential water use.
c.
City will limit water use for street sweeping and hydrant and water
line flushing.
d.
City Parks and Recreation Department shall irrigate at maximum efficiency.
e.
The Fire Department will limit training exercises to those that do
not use water.
f.
The City will make conservation information available at the Public
Library, Utility Billing and other City offices, local news media,
neighborhood associations and social media.
2.
Stage 2—Water Supply Shortage: Demands reach 100 percent
of Water Treatment Plant production capacity for three consecutive
days. Under a Stage 2 curtailment, the Public Works Director has the
authority to activate some or all of the following restrictions.
a.
Any Stage 1 curtailment measures.
b.
City will ask customers to voluntarily restrict all irrigation and
other non-essential outdoor water use and to limit all outdoor water
use to the hours between 8:00 pm and 8:00 am.
c.
No waste of running water onto paved surfaces or into gutters.
d.
No watering or irrigating of lawns, grass or turf except for:
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New installations after March 1st of the current calendar year;
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Athletic fields frequently used for organized play; and
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e.
No use of City-supplied water to wash sidewalks, streets, driveways,
walkways, parking lots, or other impervious surfaces except where
necessary for public health or safety.
f.
No use of City-supplied water to wash vehicles (including boats and
watercraft), except at facilities equipped with water recirculation
equipment or where necessary for public health or safety (e.g. garbage
trucks or food transport) or as required by law.
g.
City will limit hydrant and water main flushing to emergencies only.
h.
City will limit City Parks and Recreation Department non-essential
water use and irrigate only in off-peak hours for locations that use
the potable water system.
i.
Activate a media campaign using the City's protocol, or a conservation
hotline, or other public notification system with information on the
current water supply situation, voluntary curtailment measures, and
conservation tips.
j.
Distribute brochures to major water users. Request voluntary water
usage reductions from major water customers.
3.
Stage 3—Severe Water Supply Shortage: Demands exceed
Water Treatment Plant production capacity and maximum storage volumes
are below 85 percent of capacity. At Stage 3, the Public Works Director
has the authority to declare a Water Emergency and activate some or
all of the following restrictions.
a.
Any Stage 1 or Stage 2 curtailment measures.
b.
The City will implement the drought rate billing structure increasing
the consumption charge by 10 percent.
c.
Water volume limits may be imposed on all customers.
d.
Further restriction of landscape irrigation.
e.
No planting of new landscapes.
f.
No construction or installation of new pools or hot tubs. Existing
pools and hot tubs may not be drained to less than 90 percent of capacity
and refilled.
g.
No water use for fountains, ponds, or other aesthetic purposes unless
necessary to support wildlife.
h.
No vehicle washing except for vehicles that must be cleaned to maintain
public health.
i.
No use of water from hydrants except for firefighting and flushing
deemed necessary to maintain water quality.
j.
A fine may be instituted for water running to waste onto paved surfaces
or into gutters.
4.
Stage 4—Critical Water Shortage: Demands exceed the
Water Treatment Plant production and maximum storage volumes are below
60 percent of capacity. City will prohibit nonessential residential,
commercial, industrial and all other nonessential water uses.
a.
Any Stage 1, 2 or 3 curtailment measures.
b.
The drought rate structure from Stage 3 will remain in effect and
increase an additional 10 percent in Stage 4.
c.
The Fire Department shall modify operations as necessary to maintain
stored water levels and system water pressure for as long as possible.
Public Works shall work closely with the Fire Department to alert
them of areas where there may be low pressures and/or supply.
d.
All medical services will be provided with water as long as possible
e.
In the event that a service level or other area of the City is without
water, potable water shall be made available at appropriate locations
within the City limits if possible. Water shall be trucked to these
sites dispensed free of charge to City water customers.
f.
All outdoor non-essential water use shall be prohibited except where
necessary for public health or safety, and violators may be cited
and water service discontinued for repeat violations.
g.
All large industrial and institutional accounts shall restrict water
use to fire protection and other critical functions only.
C.
Failure
to abide by orders issued under authority of this section is a violation.
(Ord. No. 3548, § 1, 2-8-2021; Ord. 2929 § 1
(part), 1996)
A.
There
is created a Water Utility Fund and all charges imposed under this
Chapter and the revenue collected therefrom shall be deposited therein.
B.
Money
in the Water Utility Fund shall be used only for planning, design,
construction, maintenance, operation and administration of water system
facilities, which may include repayment of indebtedness payments in
lieu of franchise fees, property taxes and return on investment, and
for management of the water utility under this Chapter. Expenditures
from this fund need not be identified to any particular revenue source.
(Ord. 2929 § 1 (part),
1996)
A.
The
portion of the connection charge imposed by this Chapter attributable
to the average cost of inspecting and installing service connections
or increasing meter size, the local improvement district assessments
or charge in lieu of local improvement district assessments or the
cost of complying with requirements or conditions imposed upon a land
use decision are not a systems development charge. The remainder of
the connection charge is a systems development charge within the meaning
of state law.
B.
The
methodology required by state law to support a systems development
charge shall be adopted by Council resolution. Such methodology may
provide for exemptions from or credits against any systems development
charge imposed.
C.
Revenues
received from such charges shall be deposited in the Water Utility
Fund, budgeted and expended as provided by state law. The accounting
for such money and expenditures required by state law shall be included
in the City's Comprehensive Annual Financial Report required by ORS
Chapter 294. As required by state law, money shall be expended for
capital improvements in accordance with the Comprehensive Plan for
the Roseburg Urban Area and the Water System Master Plan as adopted
by the City Council.
D.
Upon
application to the City Manager the systems development charge required
by this Chapter may be paid in installments secured by a lien against
the property or in a manner satisfactory to the City Manager by other
property, bond, letter of credit or other security. Such obligation
may be added to a local improvement assessment against the property
for water system improvements or paid in semi-annual installments
as required for local improvement assessments. A lien against the
property shall be recorded in the City's lien docket and shall be
enforced and foreclosed as provided by law for street improvement
assessment liens.
(Ord. 2929 § 1 (part),
1996; Ord. 3057 § 2 (part),
1999)
A.
A person
objecting to the methodology adopted for the systems development charge,
or a person aggrieved by the calculation of the systems development
charge, or a person challenging the propriety of an expenditure of
systems development charge revenues may appeal the decision or the
expenditure by filing a written request with the City Manager's office
for consideration as provided in this section. Such appeal shall describe
with particularity the decision or the expenditure from which the
person appeals. An appeal of an expenditure of systems development
charge revenues must be filed within two years of the date of alleged
improper expenditure. Appeals of any other decision must be filed
within ten days of the date of the decision.
B.
An objection
to the methodology may only be made within the ten days following
its adoption by the Council. Thereafter, when appealing the calculation
of a systems development charge, the appellant may not challenge the
methodology. Upon receiving an appeal concerning the adoption of the
methodology the Council shall reconsider the methodology in light
of the issues raised by the appellant. The decision of the Council
upon reconsideration shall be final.
D.
An objection
to an expenditure of systems development charge revenue shall be considered
by the Council or its designee. The decision of the Council or its
designee shall be final.
E.
The
appeal shall state:
1.
The
name and address of the appellant;
2.
The
nature of the determination being appealed;
3.
The
reason the determination is incorrect; and
4.
What
the correct determination of the appeal should be.
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An appellant who fails to file such a statement within the time
permitted waives his objections, and his appeal shall be dismissed.
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F.
Unless
the appellant and the City agree to a longer period, an appeal shall
be heard by the Council or its designee within fifteen days of the
receipt of the appeal. At least seven days prior to the hearing, the
City shall mail notice of the time and location thereof to the appellant.
G.
The
Council, its designee or the City Manager shall hear and determine
the appeal on the basis of the appellant's written statement and any
additional evidence the Council, City Manager or their designee deems
appropriate. At the hearing the appellant may present testimony and
oral argument personally or by counsel. The rules of evidence as used
by courts of law do not apply.
H.
The
appellant shall carry the burden of proving that the determination
being appealed is incorrect and what the correct determination should
be.
I.
The
decision on appeal under this Section shall be in writing and rendered
within twenty days after the hearing date.
(Ord. 2929 § 1 (part),
1996)
